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HomeMy WebLinkAbout2020 06-08 CCPCouncil Study Session VIRTUAL meeting being conducted by electronic means in accordance with Minnesota Statutes, section 13D.021 Public portion available for connection via telephone Dial: 1-312-535- 8110 Access Code: 801 615 321 June 8, 2020 AGENDA The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the entrance of the council chambers. 1.City Council Discussion of Agenda Items and Questions - 6 p.m. 2.Miscellaneous 3.Discussion of Work Session Agenda Item as Time Permits 4.Adjourn CITY COUNCIL MEETING VIRTUAL meeting being conducted by electronic means in accordance with Minnesota Statutes, section 13D.021 Public portion available for connection via telephone Dial: 1-312-535- 8110 Access Code: 801 615 321 June 8, 2020 AGENDA 1.Informal Open Forum with City Council - 6:45 p.m. VIRTUAL meeting being conducted by electronic means in accordance with Minnesota Statutes, section 13D.021 Public portion available for connection via telephone Dial: 1-312-535-8110 Access Code: 801 615 321 Provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with presenter. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the presenter for informational purposes only. I will first call on those who notified the Clerk that they would like to speak during open forum, and then I will ask if anyone else connected to this meeting would like to speak. When I do, please indicate your name and then proceed when I call on you. Please be sure to state your name and address before speaking. 2.Invocation - 7 p.m. 3.Call to Order Regular Business Meeting This meeting is being conducted electronically under Minnesota Statutes, section 13D.021 due to the pandemic. For those who are connected to this meeting, please keep your microphone muted. If there is an opportunity for public comment, you may unmute and speak when called upon. Please do not talk over others and anyone being disruptive may to ejected from the meeting. The packet for this meeting is on the City's website, which is linked on the calendar or can be found on "City Council" page. 4.Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a.Approval of Minutes - Motion to approved the following minutes: May 26, 2020 Study Session May 26, 2020 Regular Session May 26, 2020 Work Session b.Approval of Licenses - Motion to approve licenses as presented. c.Resolution Establishing Parking Restrictions for Segments on 51st Avenue from Brooklyn Boulevard to Xerxes Avenue - Motion to approve a resolution establishing no-parking restrictions along both sides of the street on 51st Avenue from Brooklyn Boulevard (County Road 152) to Xerxes Avenue, in accordance with Municipal State Aid (MSA) requirements. d.Resolution Adopting Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 2019 - Motion to approve a resolution adopting the comprehensive annual financial report, and accepting the special purpose audit reports, the management letter and the corrective action plan of the City of Brooklyn Center for the calendar year ended December 31, 2019 7.Presentations/Proclamations/Recognitions/Donations a.Recognizing the Retirement of Firefighter John Polz for 20 years of service with the Brooklyn Center Fire Department -Motion to approve the resolution recognizing the retirement of Firefighter John Polz with 20 years of service to the City of Brooklyn Center b.Resolution Recognizing Reggie Smart for 25 years of Service to the City of Brooklyn Center - Motion to approve a resolution recognizing Reggie Smart for 25 years of service to the City of Brooklyn Center c.Resolution Recognizing Mark Reinking for 42 years of Service to the City of Brooklyn Center - Motion to approve a resolution recognizing Mark Reinking for 42 years of service to the city. 8.Public Hearings The public hearing on this matter is now open. I will first call on those who notified the Clerk that they would like to speak to this matter, then I will ask if anyone else on this meeting would like to speak during this hearing. When I do, please indicate your name and then proceed when I call on you. Please be sure to state your name and address before speaking. a.Ordinance Amending Chapter 3 of the City Code of Ordinances - Motion to: Open the public hearing; Take public input; and Close the public hearing. - Motion to approve the second reading, and adopt Ordinance Amending Chapter 3 of the City Code of Ordinances Regarding the Administration of the State Building Code 9.Planning Commission Items a.Planning Commission Application No. 2020-002 for Planned Unit Development Amendment No. 9 to the 2011 Shingle Creek Crossing Planned Unit Development - Motion to adopt a resolution to approve Planning Commission Application No. 2020-002 for Amendment No. 9 to the 2011 Shingle Creek Crossing Planned Unit Development, based on the findings of fact and submitted documentation, as amended by the conditions of approval in the resolution. 10.Council Consideration Items a.Appointments to Commissions - Motion to appoint members to the various commissions 11.Council Report 12.Adjournment Council Regular Meeng DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:Dr. Reggie Edwards, Deputy City Manager BY:Barb Suciu, City Clerk SUBJECT:Approval of Minutes Background: I n accordance with Minnesota State Statute 15.17, the official records of all mee5ngs must be documented and approved by the governing body. Strategic Priories and Values: Opera5onal Excellence ATTACHMENTS: Descrip5on Upload Date Type 05-26 Study Session 6/1/2020 Backup Material 05-26 Regular Session 6/1/2020 Backup Material 05-26 Work Session 6/2/2020 Backup Material 05/26/20 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 26, 2020 CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at 6:26 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence-Anderson was present but did not respond to Roll Call. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Mark Ebensteiner, Police Chief Tim Gannon, City Clerk Barb Suciu, City Attorney Troy Gilchrist, and City Attorney Jason Hall. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Curt Boganey stated the City Council Meeting Agenda has been modified to include a notification that anyone who would like to comment during the Public Open Forum should notify the City Clerk and state their name and address before speaking. Mr. Boganey stated the Call to Order on the Meeting Agenda has been modified to indicate that people watching the meeting via Webex should keep their microphones muted and speak when called upon during the Public Open Forum. He added the Meeting Agenda, with these modifications, is available on the City website in the Meeting Packet. Mr. Boganey stated these agenda amendments will be discussed in more detail during tonight’s Work Session. MISCELLANEOUS REPORT TO CITY COUNCIL REGARDING TOBACCO REGULATIONS Mr. Boganey stated at the City Council’s last meeting, Councilmember Ryan made a request for City Staff to review new regulations regarding tobacco use and provide additional information, and potentially schedule a work session to discuss this issue. He added he spoke with advocates who are requesting City Council consideration of amendments to the City’s tobacco Ordinances, related to the pricing of tobacco and other flavored and menthol tobacco currently being sold in Brooklyn Center. He noted information related to other communities who have taken similar action has been provided for the City Council’s review. 05/26/20 -2- Mr. Boganey stated they indicated they have significant substantive documentation and information to present to the City Council regarding why they believe these changes should be made. Mr. Boganey requested the City Council’s consideration of a Work Session. Mr. Ryan stated they have indicated a concern regarding the use of coupons for purchasing tobacco products, especially cheap cigars, as well as concerns about flavored tobacco and smokeless tobacco. He added they expressed concerns about vaping, which should perhaps be set aside until more facts and information are available and vaping can be fully addressed. Mayor Elliott stated this discussion could be added to the City Council’s next work session. Councilmember Graves stated she would like to review this issue at a Work Session. She asked whether there is research available regarding unintended consequences of this type of legislation, in terms of losses for small businesses in the community. She added she has heard from gas station owners who were grateful that the City did not go any further than increasing the age of purchase and banning sales of flavored tobacco in tobacco stores. She noted she understands the health benefits of reducing tobacco use but stressed the importance of learning about the potential community impact on businesses and families on a micro level. Mr. Boganey stated he had a robust discussion about these types of issues with them, and what would be the unintended consequences to businesses. He added they indicated there is data to suggest that the restrictions enacted in other communities did not cause the dire economic consequences that were expected by small business owners. Mr. Boganey stated he also discussed the fact that an increase in prices of these types of products will negatively affect people who are addicted to tobacco, and these are generally the people who can least afford the cost increases. He added they indicated they will be prepared to make their case at a Work Session. LOCAL EMERGENCY LIMIT OF FIVE (5) PERSON VS. TEN (10) STATE LIMITATION FOR PUBLIC GATHERINGS Mr. Boganey stated the limitations and requirements related to COVID-19 have changed over the past few months, through a series of Proclamations and Resolutions. He added the City’s current limitation of gatherings of 5 people is inconsistent with the Governor’s new order, this will continue to change, and causes confusion. He noted City Staff are recommending City Council consideration changing the 5-person gatherings limit to be in alignment with the Governor’s order, and a Resolution to this effect is being drafted by the City Attorney. He requested that this issue be added to tonight’s meeting agenda. Mayor Elliott stated he agrees that it makes sense for the City to modify its regulations to be in line with the Governor’s Statewide order. He added adjustments can be made as necessary. Councilmember Ryan agreed, adding he is pleased City Staff is taking this practical approach. He added standards that are not in line with the State’s requirements could create practical and problematic issues regarding enforcement. 05/26/20 -3- CREATING LOCAL GOVERNMENT FLEXIBILITY TO IMPLEMENT THE GOVERNOR’S STAY SAFE ORDER FOR RETAILERS, CHURCHES AND OTHERS Mr. Boganey stated with the Governor’s latest Statewide order, “Stay Safe”, went into effect last week, and additional changes from last week include a June 1 date for bars and restaurants to be allowed to open outdoor seating. He added the order also affects churches and other organizations, which went into effect this week. He noted many cities have initiated emergency actions that allow cities to respond to new Statewide regulations with flexibility. Mr. Boganey stated some of the new Statewide regulations relate to uses that are not lawfully allowed under existing Code, including land use, zoning, outdoor patios, use of parking lots. He added the City will need to respond to new regulations, and to be flexible about modifying Code to accommodate these changes. He requested that the City Council consider adding a new Agenda Item to this evening’s Agenda, and to table the item this evening and schedule another meeting to a date certain, as early as Friday, for the City Council to review and adopt standards for regulation, and to give authorization to City Staff to relieve businesses from restrictions. Mayor Elliott stated it has been his understanding, in discussions with the City Attorney, that the Mayor has the responsibility to modify existing regulations during an emergency, and that City Staff can work with the Mayor to enact changes. City Attorney Troy Gilchrist stated many cities have begun a process wherein regulatory flexibility or waivers are granted by Resolution to amend procedures that would normally be addressed under Zoning approvals that, in this case, would take too long. He added a Resolution adopted by the City Council rather than a formal emergency Ordinance is a growing trend. He noted City Code does give the Mayor authority to enact emergency regulations. Mayor Elliott stated City Code gives the City’s elected officials the authority to modify ordinances to support emergency regulations, so there is still an oversight function. He added not all cities are the same and have Charters that are different. He noted many cities do not invest this type of authority in the Mayor and may not have the same provisions in their Charter. He asked whether Mr. Gilchrist has any examples of other cities’ Charters, and what actions they are taking. Mr. Gilchrist stated he is not aware of other cities that have language giving authority to the Mayor to authorize emergency Code regulations. He added the challenge would be how to enact regulations about certain issues when it is unclear what flexibility would be needed. Councilmember Ryan stated Brooklyn Center has a “City Council/City Manager” form of government, as laid out in the City Charter. He stressed the importance of working expeditiously, and together, to enact changes. He added he would be willing to table this issue as recommended by the City Manager for action by the City Council on a date certain as early as Friday, May 29, 2020. Mayor Elliott stated this issue could be reviewed at a future City Council meeting. 05/26/20 -4- Mr. Gilchrist stated the authority to enact Emergency Proclamations will end in 30 days. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Ryan moved and Councilmember Butler seconded to close the Study Session at 6:48 p.m. Motion passed unanimously. RECONVENE STUDY SESSION The Study Session was reconvened at 6:50 p.m. CREATING LOCAL GOVT FLEXIBILITY IN STAY AT HOME ORDER FOR RETAILERS, CHURCHES AND OTHERS (CONT’D) Mr. Boganey asked whether the City Council would support regulations as discussed in place by June 1, 2020. He added, if so, it should be added to tonight’s Regular Session Agenda. It was the majority consensus of the City Council to add Study Session Agenda Item 2c – Consider Emergency Regulations Resolution, to the Regular Session Agenda, Item 10b. Mr. Gilchrist stated the City Council’s input and feedback is requested by City Staff. He added the meeting can be continued to later in the week to give City Staff time to prepare the appropriate documents. He noted he would be attending another meeting, but his colleague, Attorney Jason Hill, joined the meeting in his absence. ADJOURNMENT The Study Session was adjourned at 6:59 p.m. Motion passed unanimously. 05/26/20 -5- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Study Session of the City Council of the City of Brooklyn Center held on May 26, 2020. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its June 8, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor 05/26/20 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 26, 2020 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 Mike Elliott at 6:45 p.m. The meeting was conducted via Webex ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Councilmember Kris Lawrence-Anderson was present but did not respond to Roll Call. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Mark Ebensteiner, Police Chief Tim Gannon, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Butler seconded to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION For an Invocation, Councilmember Ryan read “The Athenian Oath”, the ancient Grecian oath of allegiance sworn by Athenian youth to their City: “We will never bring disgrace on this our City by an act of dishonesty or cowardice. We will fight for the ideals and Sacred Things of the City both alone and with many. We will revere and obey the City's laws and will do our best to incite a like reverence and respect in those above us who are prone to annul them or set them at naught. We will strive unceasingly to quicken the public's sense of civic duty. Thus, in all these ways, we will transmit this City not only, not less, but greater and more beautiful than it was transmitted to us." 3. CALL TO ORDER REGULAR BUSINESS MEETING 05/26/20 -2- The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:00 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence-Anderson was present but did not respond to Roll Call. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Mark Ebensteiner, Police Chief Tim Gannon, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan stated he would like to add “City Commission Appointments” to the Work Session Agenda. Councilmember Ryan, moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, with amendments to the Regular Session agenda to add Item 10b, Consider Emergency Regulations Resolution, and Work Session agenda to add City Commission Appointments, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. May 11, 2020 – Study Session 2. May 11, 2020 – Regular Session 3. May 11, 2020 – Regular session 6b. LICENSES GARBAGE HAULER Ace Solid Waste 6601 McKinley St NW Ramsey, 55303 Walters Recycling & Refuse 2830 101st Ave NE Blaine, 55449 Walz Brothers Sanitation PO Box 621 Osseo, 55369 HOSPITALITY ACCOMMODATIONS Kasawa Hospitality Inc Super 8 Motel 6445 James Cir Brooklyn Center, 55430 Extended Stay America #3504 2701 Freeway Blvd Brooklyn Center, 55430 05/26/20 -3- G6 Hospitality 2741 Freeway Blvd Brooklyn Center, 55430 Seth Oliver-Brooklyn Hotel Partners LLC DBA Embassy Suites 6300 Earle Brown Dr Brooklyn Center, 55430 MECHANICAL LICENSE Absolute Mechanical 7338 Ohms Lane Edina 55439 Elk Mechanical 6361 Sunfish Lake Ct NW Ste 100 Ramsey 55303 Homeworks Plumbing Heating Air 891 Fairmont Ave St Paul, 55105 J-Beard Mechanical 1 Industrial Blvd Sauk Rapids, 56379 Mechanical Air Systems 6995 20th Ave S Centerville 55038 MN Plumbing and Home Services 12040 Riverwood Cir Burnsville 55337 Schwantes Heating and Air Conditioning 6080 Oren Ave S Stillwater, 55082 Wenzl Heating & A/C 4145 Old Sibley Mem Hwy Eagan 55122 MOTOR VEHICLE DEALERSHIP LICENSE BB Motors Sales LLC dba Luther Brookdale GMC 4301 68th Ave N Brooklyn Center 55429 BB Motors Sales LLC dba Luther Brookdale Chevrolet 6701 Brooklyn Blvd Brooklyn Center 55429 BCV Motors LLC dba Luther Brookdale Volkswagen 6801 Brooklyn Blvd Brooklyn Center 55429 Brooklyn Park Motors dba Luther Brookdale Toyota 6700 Brooklyn Blvd Brooklyn Center 55429 Metro Brookdale LLC dba Luther Brookdale Mazda Mitsubishi 4435 68th Ave N Brooklyn Center 55429 R.L. Brookdale Motors Inc dba Luther Brookdale Honda 6800 Brooklyn Blvd Brooklyn Center 55429 SIGNHANGER'S LICENSE Signation Sign Group 6840 Shingle Creek Pkwy Brooklyn Center, 55430 RENTAL 05/26/20 -4- RENEWAL (TYPE IV – one-year license) 6618 Camden Dr Hussain Khan - did not meet mitigation plan, missing CPTED 5223 Xerxes Ave N TMC Management / Joseph Noonan RENEWAL (TYPE II – two-year license) 1339 67th La N Wagner Property Rentals LLC 6215 Bryant Ave N Tuuyen Tran 6007 Girard Ave N R B Management 5901 Pearson Dr FYR SFR Borrower LLC 5306 Penn Ave N Sergey Fooks 6c. RESOLUTION NO. 2020-046 APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 (POLICE OFFICERS AND DETECTIVES) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2020. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. TRANSITION FROM UNIFORM CRIME REPORTS (UCR) TO NATIONAL INCENT-BASED REPORTING SYSTEM (NIBRS) Police Chief Tim Gannon reviewed the Police Department’s mandated changes related to crime reporting, including a transition from the Summary Reporting System (SRS) to the National Incident Based Reporting System (NIBRS) He stated NIBRS is an analytical tracking system that provides specific data on committed crimes. He added, as of January 1, 2021, the Federal Bureau of Investigation (FBI) will not accept crime statistics produced by SRS. He noted the Brooklyn Center Police Department’s transition to NIBRS should be complete by June 1, 2020. Councilmember Graves asked whether this new system would lead to more transparency for the public and accountability for police officers, and whether there will be any data privacy issues to be considered. Police Chief Gannon stated transparency is a key factor, creating a level playing field for jurisdictions with regard to standards and tactics for reporting crime. He added, in terms of privacy, all current data privacy practices will still be used. Councilmember Graves stated the new NIBRS system could benefit and strengthen crime prevention in Brooklyn Center. Police Chief Gannon agreed. Councilmember Butler moved and Councilmember Ryan seconded to Receive the Police Chief’s Report Related to the Police Department’s Transition to National Incident Based Reporting System (NIBRS). Motion passed unanimously. 05/26/20 -5- 8. PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2020-047 MODIFYING LOCAL EMERGENCY ORDER Mr. Boganey reviewed a Resolution to change the Local Emergency Order by substituting new language to allow for flexibility to adjust requirements when the Statewide order is amended. City Clerk Barb Suciu read a Resolution amending Resolution No. 2020-01 Declaring a Local Emergency Due to the COVID-19 Pandemic, and Resolution 2020-035 extending the Emergency Declaration. Ms. Suciu stated, in the new Declaration, the statement "In accordance with latest advice from health professionals, events and other social interactions involving gathering of 5 or more people need to be avoided" will be replaced with “restrictions on the gathering of people during this emergency shall be as established by the Governor through his Emergency Executive Orders.” Councilmember Graves stated she would support additional language in the Declaration to support the Governor’s recommendations for social distancing and wearing masks while still allowing for flexibility. She added there are well-established guidelines for social distancing, or “social spacing”. She noted masks are recommended as they are effective in protecting other people. Mayor Elliott stated he would support an amendment that would encourage people to practice physical distancing and wear masks. City Attorney Jason Hill stated the proposed Resolution addresses a specific change. He stressed the importance of ensuring that any additional language would not be in conflict with the existing language. Mayor Elliott stated he supports Councilmember Graves’ suggestion that the language in the Emergency Declaration should be modified to include updated language related to physical distancing and wearing masks. He requested that City Staff work with the City Attorney to draft the Declaration. Councilmember Ryan stated, to expedite matters, he would support a vote on the Resolution as presented and revisit the issues that Councilmember Graves has raised. He added these worthy issues could be addressed under a separate Resolution to include recommendations for observing CDC and Department of Health guidelines. Councilmember Graves agreed. 05/26/20 -6- Councilmember Butler moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2020-047 Modifying the Local Emergency Order. Motion passed unanimously. 10b. CONSIDER EMERGENCY REGULATIONS RESOLUTION Mr. Boganey stated the Governor recently executed a “Stay Safe” order, creating opportunities for churches, businesses and other operations to gather and to sell products, following guidelines for safety practices and social distancing. This order authorized certain activities that would normally be addressed under local Ordinances, including zoning, PUD requirements, site plans, and liquor licenses. Mr. Boganey stated City Staff is recommending that the City Council authorize the City Attorney to draft a Resolution for consideration by the City Council at an upcoming meeting that would provide parameters but still encourage the kinds of activities necessary to re-open local businesses. The City Council is asked to grant authority to the City Manager to make necessary exceptions and implement the intent of the Governor’s “Stay Safe” order. Councilmember Graves asked whether City Staff has an idea of what the needs and circumstances of local businesses will be. Mr. Boganey stated City Staff intends to reach out to local businesses tomorrow to discuss their plans and requirements. 11. COUNCIL REPORT Councilmember Graves stated she recently attended the Metropolitan Council Land Use Advisory Commission meeting, which included an information session regarding tracking pollution in communities. She added she provided details in an email to the City Council and will continue to do so. 12. CONTINUE Councilmember Graves moved and Councilmember Ryan seconded to continue the City Council Regular Session meeting to a date certain at 6:00 p.m. on Friday, May 29, 2020. Motion passed unanimously. 05/26/20 -7- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Study Session of the City Council of the City of Brooklyn Center held on May 26, 2020. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its June 8, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor 05/26/20 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MAY 26, 2020 CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Mike Elliott at 7:42 p.m. The meeting was conducted via Webex. ROLL CALL Mayor/President Mike Elliott and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Mark Ebensteiner, City Clerk Barb Suciu, City Attorney Troy Gilchrist. REVIEW PROCEDURES FOR OPEN FORUM AND PUBLIC HEARINGS City Clerk Barb Suciu reviewed potential best practices for virtual public hearings to ensure public participation in City meetings. She added City Staff reviewed practices in other cities and information from the League of Minnesota Cities, and met with the City Attorney to review potential changes. Ms. Suciu stated legal notice for public hearings will be published in the newspaper, posted at City Hall and, if zoning-related, mailed to neighboring properties. She added all City Council meetings are on the online City calendar and meeting notices have a link to the Webex meeting. She noted the meeting agenda can be downloaded, and also has a direct URL link to the Webex meeting. Ms. Suciu stated public hearings and open forums can be joined during the meeting, and rules will be listed in the agenda. She added the meeting host has the ability to mute participants, and individuals will be called upon by the Mayor. She noted the meeting host can also stop the video for a participant or expel them from the video. A participant can re-enter the meeting. Deputy City Manager Reggie Edwards stated the City Attorney has been consulted regarding the process of muting or expelling someone from a video meeting. He added residents and others have a right to free speech, but people engaging in unruly behavior can be muted or expelled. He added City Staff does not have the ability to expel someone permanently. Mr. Boganey stated disruptive behavior and negative protests are very rare, and people generally conduct themselves in a respectful manner. He added City Staff believes that inviting the public 05/26/20 -2- to the online meetings will encourage public participation. He noted City Staff will follow the direction of the Mayor as it relates to muting or removing individuals from the meeting. COVID-19 FINANCIAL IMPACT OVERVIEW AND DISCUSSION Finance Director Mark Ebensteiner provided a review of the City’s actions related to COVID-19, including Resolutions to declare a Local Emergency and close Earle Brown Heritage Center (EBHC) as well as both liquor stores and the Community Center. He added these actions will have a significant impact on the economy, and the daily lives of residents. He noted there is continued uncertainty about the impact on revenues. Mr. Ebensteiner stated estimated revenue shortfalls have been increased to 10% from the 7% delinquency rate experienced in the last significant recession in 2007-2009. He added property taxes will be collected over time, as they transfer into delinquency and are collected over the next 7 years. He noted this could create cash flow issues. Mr. Ebensteiner stated the City’s hotel and lodging industry is expected to take a significant hit. He added the City collects 3% of lodging taxes and remits 95% to the Visitor’s Bureau, which amounts to approximately $600,000. He noted it is anticipated to that this fund will be at 20% which will be a cash impact. Mr. Ebensteiner stated a total overall estimated shortfall of $2,490,721 is estimated by City Staff, including a total non-personnel reduction of $906,595. He added some traffic-related expenditures will be funded with Municipal State Aid. He noted a net savings from personnel turnover of $260,000 is anticipated. Mr. Ebensteiner reviewed options for covering the revenue shortfall, including State and federal legislation; use of general fund reserves; additional expenditure reductions; use of emergency reserve. Mr. Ebensteiner stated the “We Care” bill has been introduced at the State level to cover costs related to COVID-19. He added the City has incurred approximately $647,000, mostly personnel costs and some for supplies. He noted a federal bill, the “Heroes Act”, has allocated $375 million to aid local governments for direct reimbursement to aid revenue recovery. Mr. Ebensteiner stated there is a current balance of $12,372,940 in the General Fund reserves, with 5.6% needed to cover the estimated revenue gap. He added there would be an opportunity to change the policy to a lower percentage with a replenishment plan. He noted this option is problematic as there is generally an annual increase in personnel costs. He recommended consideration of a temporary policy to get back to the same threshold. Mr. Ebensteiner stated, with regard to additional expenditure reductions, the average employee costs the City approximately $100,000 in salary and benefits. He added layoffs would result in an approximately 65% savings, or between $100,000-200,000, but there would be impacts to City services. 05/26/20 -3- Mr. Ebensteiner stated, with regard to the use of the emergency reserve, a cash balance of $1.144 million was available as of December 31, 2019. He added, if the balance decreases, a plan must be established by the City Manager to replenish the fund back to $1 million. Mr. Ebensteiner stated the City Council’s feedback and comments are requested, to determine whether the direction City Staff is recommending is in keeping with the City Council’s expectations. Mr. Boganey stated it is hoped that the City Council, having reviewed the pros and cons of these options, will determine if City Staff is going in the right direction related to 2020, and also establishes a way forward in 2021. Councilmember/Commissioner Graves asked whether the four options are presented in order of priority. Mr. Boganey confirmed this, adding he would not suggest that any one option be used exclusively, except State and Federal funding. He added the correct answer would probably be to do some of each, depending upon the final deficit. Councilmember/Commissioner Graves asked how many people have been laid off. She added she would put layoffs below the emergency fund. She noted she hopes the Federal funding comes through. She expressed confidence in City Staff’s knowledge and expertise, adding she appreciates the thoughtfulness that has gone into these recommendations. Dr. Edwards stated, with regard to staffing, there have been 123 total layoffs – 118 part-time seasonal staff and five full-time staff. Mr. Boganey stated that does not include four full-time EBHC employees. He added a good portion of the part-time staff that were laid off were recreation and Public Works seasonal employees. Councilmember/Commissioner Ryan expressed his agreement with Councilmember/ Commissioner Grave’s comments. He added a reserve balance of 40% would be the lowest supportable amount. He noted he is willing to move forward with the recommendations and getting additional information on tax delinquencies in the next 60-90 days. Councilmember/Commissioner Butler thanked Mr. Ebensteiner for his presentation and expressed her agreement with the City Council’s comments. She asked what the impact of the pandemic will be on the budget planning process. Mr. Boganey stated it would not be prudent to assume there will be a significant tax levy increase given unemployment levels and general economic conditions. He added City Staff and the City Council have a few months, and a series of budget meetings, before decisions have to be made. Mr. Ebensteiner stated the Capital Improvement Projects and Capital Project Funds Work Session will be held July 6, 2020; the budget overview will be held July 20, 2020; and the General Fund review will be held August 10, 2020. 05/26/20 -4- Mr. Boganey stated City Staff will be seeking City Council direction at the July 20, 2020 meeting related to what is reasonable and appropriate for next year’s levy. He added the City should be able to go through the current budget cycle and develop a balanced budget based on limitations and priorities that you have set. He stressed the importance of anticipating services that will be required in 2021 as a result of the pandemic. Councilmember/Commissioner Ryan asked whether there is funding in the capital budget for refurbishment of the last of the three water towers, for approximately $1 million. Mr. Boganey stated that that project is already under way and will be funded from utility payments. Councilmember/Commissioner Ryan stated the Public Works Department may be able to provide recommendations for capital improvements projects that can reasonably be deferred. He added the economic crisis related to the current health pandemic will come to an end, although his optimism fades when he observes the public’s disregard for the safety and mitigation measures recommended by experts. Mr. Boganey stated it may not be necessary to defer capital projects that do not rely on General Fund taxes. He added there are very few capital projects that are paid directly from the General Fund, with the exception of the Street Reconstruction Program. He noted the only significant way to benefit the General Fund in the event of a capital deferral would be to delay street reconstruction. Mayor/President Elliott stressed the importance of conservative practices in planning for next year’s budget. He added he believes the City is striking the right balance, although there will be further developments, and it will be important to continue to be open to new solutions. Mayor/President Elliott stated he has heard that other cities are considering ways to help people keep their jobs by having staff take weeks off, or other ways to allow more people to keep their employment. He stressed the importance of retaining City employees and keeping them employed. He noted he believes the City is on the right track, in terms of easing the burden on City Staff. VOLUNTEER COMMISSION APPOINTMENTS Councilmember/Commissioner Ryan stated he was unable to attend the City Council’s March 9, 2020 meeting, at which a Planning Commissioner was appointed, followed by a discussion regarding appointment of volunteer Commissioners. He added there are numerous volunteers on the City’s advisory Commissions whose terms have expired, and nothing has been done to re- appoint them. He requested a consensus from the City Council to obtain a report of Commission applicants from the City Clerk. He stressed the importance of determining which existing Commissioners’ terms have expired so they can be re-appointed by the City Council. Councilmember/Commissioner Ryan stated, under City Code Section 3.6, General Information for the City Council, “The City Council appoints all committees, boards and commissions that serve in a purely advisory role to the City Council.” He added appointments are made by the 05/26/20 -5- City Council as terms expire or as vacancies occur. He noted Commissioners give their time, energy and wisdom to assist and advise the City Council. He expressed his frustration that their terms have expired, and they wish to be re-appointed, but have been overlooked or ignored. Councilmember/Commissioner Ryan, as an example, referred to Housing Commissioner Kathy Amdahl and Planning Commissioner Jack MacMillan, whose terms have expired, and who have re-applied for their Commission seats. Commissioner Amdahl has worked tirelessly to distribute Welcome packets to new residents. Commissioner MacMillan has attended numerous educational planning programs to bring his expertise and advice to the City Council. He added some Commissioner’s terms expired in December 2018. He noted it is disrespectful to overlook volunteers who have been serving on Commissions and want to continue to do so. Councilmember/Commissioner Ryan stated he understands the goal is to increase diversity on the City’s volunteer Commissions. He added it is disrespectful to treat existing Commissioners as if their service is not of value, even when there are insufficient applicants to fill the vacancies. Mayor/President Elliott expressed his agreement with Councilmember/Commissioner Ryan’s sentiments. He stated he has recommendations for Commission appointments, to be reviewed at the City Council’s next Regular Session meeting. He added this issue was raised by Commissioner Graves but has not been addressed due to the pandemic and other issues, including his own recent surgery. He noted the City’s volunteer Commissioners are valued members of the community and their service is invaluable. Councilmember/Commissioner Ryan stated he is pleased to hear there is plan in place for filling Commission positions. He added he has received negative feedback from residents on this issue. He noted he understands the process has been impeded by the public health crisis. He expressed his hope that the Mayor/President’s surgery went well, and he is recovering expeditiously. Councilmember/Commissioner Ryan stated he looks forward to reviewing the Mayor/President’s recommendations for Commission appointments. He added he would support a blanket motion to re-appoint existing Commissioners if vacancies are not filled. He noted he looks forward to reviewing Commission appointments at the next Regular Session meeting. Mr. Boganey agreed to add it to the agenda. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Butler seconded adjournment of the City Council/Economic Development Authority Work Session at 8:49 p.m. Motion passed unanimously. 05/26/20 -6- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Work Session of the City Council of the City of Brooklyn Center held on May 26, 2020. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its June 8, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor Council Regular Meeng DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:Dr. Reggie Edwards, Deputy City Manager BY:Alix Bentrud, Deputy City Clerk SUBJECT:Approval of Licenses Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respec4ve licenses, submi5ed appropriate applica4ons, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the a5ached rental report. AMUSEMENT DEVICES Theisen Vending Company 2105 57th Ave N Brooklyn Center, 55430 Theisen Vending Company 2590 Freeway Blvd Brooklyn Center, 55430 GARBAGE HAULER Farmers Union Industries Midwest Grease PO Box 319 Redwood Falls, 56283 Waste Management - Blaine 10050 Naples St NE Blaine, 55434 HOSPITALITY ACCOMODATIONS Quality Inn 1600 James Circle Brooklyn Center, 55430 MECHANICAL LICENSE AirTech Thermex LLC 4918 W 35th St St Louis Park, 55416 Larson Plumbing 3095 162nd Ln NW Andover, 55304 Strategic Priories and Values: Safe, Secure, Stable Community, Opera4onal Excellence ATTACHMENTS: Descrip4on Upload Date Type 6-8-2020 Rentals 6/2/2020 Backup Material Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 7018 Regent Ave N Single Renewal Danny Vo 0 I 0 I II * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued *** Initial licenses will not show a previous license type All properties are current on City utilities and property taxes Type 1 = 3 Year Type II = 2 Year Type III = 1 Year Rental Licenses for Council Approval on June 08, 2020 Council Regular Meeng DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:Doran M. Cote, P.E., Director of Public Works BY:Mike Albers, P.E., City Engineer SUBJECT:Resolu,on Establishing Parking Restric,ons for Segments on 51st Avenue from Brooklyn Boulevard to Xerxes Avenue Background: Street improvements were completed for 51st Avenue between Brooklyn Boulevard and Xerxes Avenue in accordance with the 2018 Capital Improvements Program and 2013 Brooklyn Boulevard Corridor Study. 51st Avenue is designated as an MSA route, which allows the City to expend MSA gas tax funding for a por,on of the construc,on costs for this project. During the 51st Avenue improvement project, the pavement markings between Brooklyn Boulevard and Xerxes Ave were revised to be consistent with the Brooklyn Boulevard Corridor Study which recommended changing the two-lane configura,on to a two-lane configura,on with a westbound right-turn lane at Brooklyn Boulevard. MSA routes have certain standards for street widths and on-street parking that must be followed as prescribed in Minnesota Rule 8820.9936. The two-lane configura,on with a westbound right-turn lane does not provided sufficient street width to allow on-street parking on the north and south side of the street based on MSA design standards. Parking along 51st Avenue is currently allowed on both sides of the street between Brooklyn Boulevard and Xerxes Avenue. The proposed resolu,on would officially establish No- Parking Zones along 51st Avenue from Brooklyn Boulevard and Xerxes Avenue on the north and south side of the street. Budget Issues: I nstalla,on of new No-Parking signs is included in the project cost for the street improvement project. Rou,ne replacement of the new signs that occurs approximately every 14 years will be input into our asset management system and will be included in future opera,ng budgets. No addi,onal budget issues are involved with officially adop,ng the current parking restric,ons. Strategic Priories and Values: Key Transporta,on Investments ATTACHMENTS: Descrip,on Upload Date Type Resolu,on 6/1/2020 Resolu,on LeCer No Parking Exhibit 6/1/2020 Backup Material Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ESTABLISHING PARKING RESTRICTIONS FOR SEGMENTS ON 51ST AVENUE FROM BROOKLYN BOULVARD TO XERXES AVENUE WHEREAS, the City of Brooklyn Center has completed the improvement of 51st Avenue between Brooklyn Boulevard and Xerxes Avenue within the City of Brooklyn Center, Minnesota in 2019; and WHEREAS, the City of Brooklyn Center revised the pavement markings on 51st Avenue from Brooklyn Boulevard to Xerxes Avenue to be a two-lane configuration with a westbound right-turn lane at Brooklyn Boulevard which is consistent with the Brooklyn Boulevard Corridor Study; and WHEREAS, the City of Brooklyn Center may expend Municipal State Aid Funds on the future improvements of said streets; and WHEREAS, the proposed street improvements do not provide adequate width for parking on both sides of the street on 51st Avenue from Brooklyn Boulevard to Xerxes Avenue; and WHEREAS, approval of future construction improvements as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions to meet the minimum roadway design standards in accordance with Minnesota Rule 8820.9936. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City shall ban the parking of motor vehicles at all times on the following street segments: 1. Both sides of 51st Avenue from Brooklyn Boulevard to Xerxes Avenue June 8, 2020 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 Regular Meeng DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:N/A BY:Mark Ebensteiner, Finance Director SUBJECT:Resolu)on Adop)ng Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 2019 Background: On June 1, 2020 the City Council and Financial Commission met in a joint work session to hear from Jackie Huegel of Malloy, Montague, Karnowski, Radosevich & Co. (MMKR), the City’s auditors, about the results of their audit of the City’s financial statements for the period ended December 31, 2019. During the session Ms. Huegel reviewed the purpose of the audit process and the results of his firm’s audit of the 2019 Comprehensive Annual Financial Report (CAFR). Most importantly, the City received an unmodified opinion, which is commonly referred to as a “clean audit opinion”. This means that, in the auditor’s opinion, the financial statements conform with applicable accoun)ng standards. In addi)on to formula)ng an opinion on the City’s financial statements, the auditors reviewed the City’s internal controls, legal compliance and financial management prac)ces. Those results were included in the Special Purpose Report which is issued under a separate cover. Overall, the informa)on in the 2019 CAFR con)nues to show the City is in excellent financial condi)on and should con)nue to monitor itself to ensure its con)nued fiscal good health. The aAached resolu)on ra)fies the work done by City staff and accepts the CAFR, Audit Opinion and related materials. Budget Issues: The 2019 CAFR conveys the fiscal condi)on of the City as of December 31, 2019 and lays the groundwork for understanding the financial resources available to the City when planning for the future. Strategic Priories and Values: Safe, Secure, Stable Community ATTACHMENTS: Descrip)on Upload Date Type Resolu)on 6/2/2020 Resolu)on LeAer Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE SPECIAL PURPOSE AUDIT REPORTS, THE MANAGEMENT LETTER AND THE COORECTIVE ACTION PLAN OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2019 WHEREAS, the City of Brooklyn Center is required by State Statute and City Charter to annually produce financial statements for submission to the Office of the State Auditor by June 30 each year; and WHEREAS, the City of Brooklyn Center is required to provide an auditor’s opinion as to the representations in the annual financial statements; and WHEREAS, the financial statements have been audited by the independent CPA firm of Malloy, Montague, Karnowski, Radosevich & Co., P.A. as required; and WHEREAS, Malloy, Montague, Karnowski, Radosevich & Co., P.A. opined that the general purpose financial statements present fairly, in all material respects, the financial position of the City of Brooklyn Center as of December 31, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Comprehensive Annual Financial Report for the City of Brooklyn Center for the calendar year ended December 31, 2019, and all supporting documentation, is hereby adopted as the official financial record for the 2019 fiscal year. June 8, 2020 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 Regular Meeng DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:N/A BY:Todd Berg, Fire Chief SUBJECT:Recognizing the Re*rement of Firefighter John Polz for 20 years of service with the Brooklyn Center Fire Department Background: Please find a3ached, a City Council resolu*on expressing apprecia*on to Firefighter John Polz for his 20 years of service with the Brooklyn Center Fire Department. John Polz started with the Brooklyn Center Fire Department on May 1, 2000 and re*red on May 1, 2020. Over the years of dedicated service, he has held the *tle of Firefighter, Lieutenant, Captain and Relief Associa*on Treasurer. John has served the ci*zens of Brooklyn Center in many ways while working on the Fire Department including; fire suppression, CPR trainer, Heart Safe instructor, Public Educa*on instructor and Juvenile Fire Se3er specialist. Strategic Priories and Values: Opera*onal Excellence ATTACHMENTS: Descrip*on Upload Date Type John Polz Resolu*on 5/15/2020 Cover Memo Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JOHN POLZ WHEREAS, John Polz was hired as a firefighter by the City of Brooklyn Center, on May 1, 2000; and WHEREAS, John Polz has served 20 years as a firefighter with the Brooklyn Center Fire Department; and WHEREAS, John Polz held the ranks of Lieutenant and Captain during his tenure at Brooklyn Center Fire; and WHEREAS, John Polz was the Treasurer of the Fire Department Relief Association for 18 years; and WHEREAS, John Polz participated in Public Education as an instructor and taught thousands of school aged children fire safety during many years of fire prevention week; and WHEREAS, John Polz was a charter instructor for CPR and training and helped instruct CPR to many groups throughout the community as a Heart Safe instructor; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that we recognize the honorable retirement of John Polz on June 08, 2020, and express sincere appreciation for his dedicated public service. We wish John the very best in the future. June 8, 2020 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: RESOLUTION NO. _______________ and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Regular Meeng DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:N/A BY:Doran M. Cote, PE, Public Works Director SUBJECT:Resolu,on Recognizing Reggie Smart for 25 years of Service to the City of Brooklyn Center Background: Please find a5ached, a City Council resolu,on expressing apprecia,on to Mechanic Crew Leader Reggie Smart for 25 years of service with the City of Brooklyn Center. Reggie Smart started with the City of Brooklyn Center Public Works Department on April 10, 1995 as a night mechanic working evenings un,l he became the Crew Leader and moved to days in 2008. Reggie spent the next 12 years as the Mechanic Crew Leader ensuring that all City vehicles and equipment were well maintained and available for use.and will re,re on April 10, 2020. Over the years of dedicated service Reggie has been instrumental in ensuring the Central Garage ran smoothly. Reggie has superbly supported staff and has been a valuable asset to the both the Public Works Department and the city. Budget Issues: None Strategic Priories and Values: Opera,onal Excellence ATTACHMENTS: Descrip,on Upload Date Type Resolu,on 3/11/2020 Cover Memo Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION TO REGGIE SMART FOR OVER 25 YEARS OF DEDICATED PUBLIC SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Reggie Smart was hired as an Mechanic in the Public Works Department on April 10, 1995 and promoted to Mechanic Crew Leader on January 11, 2008; and WHEREAS, Reggie Smart currently serves as a Mechanic Crew Leader and during his 25 years with Public Works, Reggie provided superb support to the Central Garage staff, including prioritizing repairs and establishing work assignments, and directly supported the department's mission; and WHEREAS, Reggie Smart has diligently worked with Deputy Public Works Directors Mike Marsh, John Harlow and Dave Peterson over his 25-year tenure; and WHEREAS, in 1998 Reggie Smart was the recipient of the APWA Public Works Week Certificate of Achievement for developing a program to prolong the life of diesel engines; and WHEREAS, in 2000 Reggie Smart was the recipient of the APWA Public Works Week Safety Award from promoting a safe workplace and environment; and WHEREAS, Reggie Smart has worked with two fleet management software systems and was integral the most recent upgrade of that system; and WHEREAS, Reggie Smart has at one time been or is currently ASE Certified in Auto Engine Repair, Auto Automatic Transmission/Transaxle, Auto Manual Drive Train and Axles, Auto Suspension and Steering, Auto Brakes, Auto Electrical/Electronic Systems, Auto Heating and Air Conditioning, Auto Engine Performance, Electronic Diesel Engine Diagnosis Specialist, Truck Gasoline Engines, Truck Diesel Engines, Truck Drive Train, Truck Brakes, Truck Suspension and Steering, Truck Electrical/Electronic Systems, Truck Heating, Ventilation and A/C and Truck Preventative Maintenance; and WHEREAS, Reggie Smart has been consistent and dependable in the daily operations of the Central Garage with city staff and vendors throughout his career; and WHEREAS, Reggie’s dedication, pride in his work and willingness to learn have had a direct impact on the success of the Central Garage; and WHEREAS, Reggie Smart was a key contributor in organizing the Central Garage parts inventory; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the dedication and professionalism Reggie has displayed in discharging his duties and the positive impact she has made on the City and its citizens. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that we recognize the retirement of Reggie Smart on April 10, 2020 with 25 years of service and express sincere appreciation for his dedicated public service. March 23, 2020 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 Regular Meeng DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:N/A BY:Doran M. Cote, PE, Public Works Director SUBJECT:Resolu,on Recognizing Mark Reinking for 42 years of Service to the City of Brooklyn Center Background: Please find a4ached, a City Council resolu,on expressing apprecia,on to Park Crew Leader Mark Reinking for 42 years of service with the City of Brooklyn Center. Mark Reinking started with the City of Brooklyn Center as a part ,me seasonal employee in July, 1976 and as a full ,me Public Works employee on January 15, 1978 in the U,li,es Division. Mark spent his first 18- years with the City working in the U,li,es Division before moving on to the Parks Division in 1996, spending the next 24 years working in Parks maintenance. Mark will re,re on April 30, 2020 comple,ng 42 years of full ,me employment. Over the years of dedicated service Mark has been instrumental in ensuring the Public U,li,es and Park Maintenance divisions ran smoothly. Mark has superbly supported staff and has been a valuable asset to the both the Public Works Department and the city. Budget Issues: None Strategic Priories and Values: Opera,onal Excellence ATTACHMENTS: Descrip,on Upload Date Type Resolu,on 3/11/2020 Cover Memo Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION TO MARK REINKING FOR OVER 42 YEARS OF DEDICATED PUBLIC SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Mark Reinking was hired as a part time custodian on July 14, 1976, was hired as a part time water utility employee on June 2, 1977, hired as a full time Public Utility employee in the Public Works Department on January 15, 1978, transferred to Park Maintenance on March 18, 1996 and on January 29, 2019 was promoted to Park Crew Leader; and WHEREAS, Mark Reinking currently serves as a Park Crew Leader and during the more than 42 years with Public Works, Mark provided superb support to the Public Utilities and Park Maintenance staff, including prioritizing maintenance activities and establishing work assignments, and directly supported the department's mission; and WHEREAS, Mark Reinking has diligently worked with Deputy Public Works Directors Mike Marsh, John Harlow and Dave Peterson over his 42-year tenure; and WHEREAS, in 1984 Mark Reinking obtained his Class C Wastewater Operator License and 1994 Mark Reinking obtained his Class B Water Operator License; and WHEREAS, in 2000 Mark Reinking was the recipient of the APWA Public Works Week Safety Award from promoting a safe workplace and environment; and WHEREAS, Mark Reinking has been consistent and dependable in the daily operations of the public parks and with city staff and vendors throughout his career; and WHEREAS, Mark Reinking’s involvement in the Labor Management Committee, representation of the city at the Dudley Softball Tournament, and availability for after-hours and emergency call backs and commitment to the community is to be commended; and WHEREAS, Mark’s dedication, pride in his work and willingness to learn have had a direct impact on the success of Public Utilities and Park Maintenance; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the dedication and professionalism Mark has displayed in discharging his duties and the positive impact she has made on the City and its citizens. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that we recognize the retirement of Mark Reinking on April 30, 2020 with more than 42 years of service and express sincere appreciation for his dedicated public service. March 23, 2020 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 Regular Meeng DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:Meg Beekman BY:Community Development Director SUBJECT:Ordinance Amending Chapter 3 of the City Code of Ordinances Background: The Interna/onal Code Council (ICC) is a nonprofit member-based associa/on that provides a wide range of building safety solu/ons including product evalua/on, accredita/on, cer/fica/on, codifica/on and training. It develops model codes and standards used worldwide. The ICC reviews their model codes and amends them every few years. Most recently, the ICC adopted an amended set of codes in 2018. The State of Minnesota oversees and enforces construc/on ac/vity in the state through the Department of Labor and I ndustry. The state adopts state building codes which apply throughout the state. In 2020 the State of Minnesota adopted new code requirements that included the 2018 ICC codes with amendments. The Department of Labor and Industry authorizes municipali/es to administer and enforce various provisions of the state's building codes provided the municipality adopts the codes into city ordinance. Chapter 3 of the Brooklyn Center City Code provides for the applica/on, administra/on and enforcement of various provisions and amendments to the Minnesota State Building Code including adop/on of the Na/onal Electrical Code, the Residen/al Energy Code, the Commercial Energy Code and the Minnesota State Mechanical Fuel Gas and Plumbing Codes in the City of Brooklyn Center. Currently, the City is enforcing the newly adopted provisions under the State Building Code with authority provided through State Statutes; however, the state does require that ci/es formally adopt the amended codes within a certain /me period in order to con/nue to administer the program. The adop/on of this code will align our standards with the State Statutes and allow for standards to be consistent between agencies. A document is a?ached that provides informa/on regarding the significant changes to the codes. The following general changes were made when the State adopted the 2020 code to replace the previously adopted 2015 code. The code included many changes that helped to clarify the interpreta/on of the code. Modifica/on to basement egress window requirements - No egress window(s) would be required in a basement or basement bedroom(s) if there is an automa/c sprinkler system installed throughout the building or if the en/re basement including all por/ons of the means of egress to the exit discharge and all open areas on the level of discharge are protected with sprinklers. Clarifica/on on when to require interconnected smoke alarms or ba?ery operated smoke alarms. Modifica/on to the calcula/on of required wind loads. Adding Roof Access requirements for solar energy systems. Reorganizing and clarifica/on of deck requirement rela/ng to materials and fasteners. Adds appendix Q to Residen/al Code rela/ng to /ny homes - Applies to homes under 400 square feet in size, ceiling height of 6 D-8 inches. Regula/on for LoDs, Stairs, ladders and emergency exits. The adop/on of this appendix doesn’t grant permission for /ny homes. It only regulates how that are built, if they are permi?ed by the Zoning Code. The Minnesota Plumbing Code was replacing by the 2012 Uniform Plumbing Code. Public hearing no/ce was posted for this evening and duly posted on the City's website. No comments have been received for this item as of the wri/ng of this report. Budget Issues: The city will have some costs related to the purchase of new code books. $500 is budgeted in the 2021 budget. Strategic Priories and Values: Safe, Secure, Stable Community ATTACHMENTS: Descrip/on Upload Date Type 2020 Changes Overview 4/16/2020 Backup Material State Code 2020 Guide 4/16/2020 Backup Material Ordinance 4/23/2020 Ordinance Powerpoint 6/25/2020 Presenta/on 443 Lafayette Road N., St. Paul, MN 55155 • 651-284-5005 • www.dli.mn.gov Significant changes in the 2020 Minnesota Residential Code The 2020 Minnesota Residential Code is effective March 31, 2020. The 2020 Minnesota Residential Code adopts the 2018 edition of the International Residential Code (IRC), with amendments. The IRC governs new construction of one- and two-family homes and buildings with three or more townhouses, provided the structure is not more than three stories above grade. The following IRC provisions are changed by Minnesota amendments: Administration and Definitions • Adds a definition of transient and directs code users to the IBC for requirements for dwellings intended for transient use Sections R 310.1 and R310.6 provisions for emergency escape and rescue openings for new and existing basements • Emergency escape and rescue openings are required in new basements and bedrooms created in existing basements unless the entire basement area, all portions of the means of egress to the level of exit discharge, and all areas on the level of exit discharge are protected with an automatic sprinkler system Sections R314 and R315 Smoke Alarms and Carbon Monoxide Detectors • Existing homes are permitted to be equipped with battery-powered smoke alarms and carbon monoxide detectors that are not interconnected unless alterations or repairs result in the removal of interior wall or ceiling finishes • Hardwired, interconnected smoke alarms are not required in existing homes where the basement or attic provides access to the hardwiring • New homes continue to be required to have hardwired, interconnected smoke alarms Table R402.2 Minimum specified compressive strength of concrete • Clarifies that 5,000 psi concrete is not required for post footings decks or porches, wood foundations, slab-on-grade foundation walls and footings for floating slabs Section 404 Foundation and Retaining Walls • Table R404.1(1) includes prescriptive requirements for foundation walls up to 10 feet in height The 2020 Minnesota Residential Code also includes these significant changes from the 2018 IRC: • Section R301.2.1 Wind design criteria require dwellings to be constructed using ultimate design wind speed (Vult) instead of basic wind speed (Vasd). Table R301.2.1.3 provides conversions from Vult to Vasd. The actual design wind loads will be equal or slightly less using ultimate wind design speed instead of basic wind speed. • Section R324 Solar Energy Systems adds new provisions solar energy systems. Roof-mounted solar PV systems must allow for roof access, including access pathways from the lowest roof edge to the ridge and setbacks at the ridge. • Section R507 Exterior Decks reorganizes and clarifies requirements for decks, including requirements for materials and fastener and fastener connections. • Appendix Q addresses tiny houses by providing certain allowances for homes less than 400 square feet in size. MINNESOTA Guide to the State Building Code • Administration • Special Provisions • Commercial Building • Elevators and Related Devices • Residential Building • Existing Buildings • Electrical • Flood-proofing • Energy Conservation • Accessibility • Mechanical and Fuel Gas • Plumbing • High Pressure Piping Systems • Manufactured Homes • Prefabricated Structures • Industrialized/Modular Buildings • Storm Shelters GUIDE TO THE STATE BUILDING CODE For nearly 50 years, the Minnesota State Building Code has been the standard by which buildings have been constructed to provide our citizens with safe, energy efficient and accessible buildings. From the many buildings built during those years, no one will know the countless lives saved from fire, structural collapse and hazardous materials; the injuries prevented from falls, shattered glass and electric shock; or the prevention of damage to buildings from roof ice, frost heave or water leakage. In addition, many hundreds of buildings are now fully accessible and usable for our family members and friends with disabilities while much less fossil fuel has had to be burned to heat and cool these same buildings. This Guide looks back to the original intent of the legislature to provide safe and affordable housing, places to work, shop, eat, congregate, do business, recreate and worship. It reviews where these protections currently exist in the state and what codes are in place to ensure this occurs. The purpose of this Guide is to inform and educate regulators, government officials and policy makers about the State Building Code and how it serves the public’s interest by providing for the safe use of buildings. Because one of the most important roles of government is to protect its citizens, it is our responsibility to ensure this occurs in the construction of buildings. Scott D. McLellan State Building Official INTRODUCTION TABLE OF CONTENTS History Legislative Intent Purpose Federal Impact Uniformity Benefits Requirements Enforcement Areas Chapters Minnesota Building Code Administration Minnesota Provisions to the State Building Code Minnesota Building Code Minnesota Elevator and Related Devices Code Minnesota Residential Code Minnesota Conservation Code for Existing Buildings Minnesota Energy Code Minnesota Accessibility Code Minnesota Mechanical and Fuel Gas Code Minnesota Plumbing Code High Pressure Piping Code National Electrical Code Industrialized Modular Buildings Minnesota Manufactured Home Code Prefabricated Buildings Flood-Proofing Regulations Storm Shelters 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Code Book Fact Sheets G uide to the State Building Code | 5 HISTORY A State Building Code was established that applied only to state-owned buildings. The first State Building Code was enacted into law that applied to all areas of Minnesota that enforced a building code. Up to this point, each municipality maintained its own unique building code or had none at all. The State Building Code became effective on July 1. If a municipality enforced a building code, it now had to be the State Building Code. Legislation established that the State Building Code would be enforced statewide beginning Jan. 1, 1977, but no later than Jan. 1, 1978. Subsequent legislation passed in 1978 extended the date for mandatory state-wide enforcement of the State Building Code to Jan. 1, 1979. Legislation provided that a non-metropolitan county may by negative referendum rescind enforcement of the State Building Code (except provisions for accessibility). This enabled county residents and those residing in cities that had not already adopted the code by January 1977 to participate in the vote. • If the vote was negative, the code no longer applied to townships or cities located within the county. • As a result of the referendums, only eight counties voted to retain the State Building Code. These were in addition to the seven mandatory metropolitan counties. Legislation allowed municipalities having a population of less than 2,500 to decide whether or not the State Building Code will apply in their jurisdiction. If these municipalities had already adopted the code, they can now rescind their ordinance adopting the State Building Code (unless they were located in one of the seven metropolitan counties mandated to enforce the State Building Code). Legislation established for the first time that the State Building Code is the standard that applies statewide for the construction and remodeling of buildings. This means that the State Building Code now applies to all work, regardless of whether or not the State Building Code is required to be enforced by a municipality. This applies to everyone who constructs or remodels buildings, both homeowners and contractors. Legislation established that as of Jan. 1, 2008, if a municipality had in effect an ordinance adopting the State Building Code, that municipality must continue to enforce the State Building Code and may not repeal its adopting ordinance. The exception is for those municipalities having a population of less than 2,500 (as permitted by the 1981 legislation). 1965 1971 1972 1977 1979 1981 2008 2008 Photo credit: Ben Franske - Own work, GFDL, https://commons.wikimedia.org/w/index.php?curid=4390505 6 | Guide to the State Building Code LAWS 1971 – REGULAR SESSION Be in enacted by the Legislature of the State of Minnesota: Section 1. Minnesota Statutes 1969, Section 16.83, is amended to read: 16.83 STATE BUILDING CODE; POLICY AND PURPOSE; APPROPRIATING MONEY. Sections 1 to 17 of the act are enacted to enable the commissioner of administration to promulgate and administer a state building code in accordance with the provisions hereof, which code shall govern the construction, reconstruction, alternation, and repair of state-owned buildings and other structures to which the code is applicable. It is necessary that building codes be adopted and enforced to protect the health, safety, welfare, comfort, and security of the residents of this state. However, the construction of buildings should be permitted at the least possible cost consistent with recognized standards of health and safety. Many citizens of the state are unable to secure adequate housing at prices or rentals which they can afford. Such a situation is contrary to the public interest and threatens the health, safety, welfare, comfort, and security of the people of the state. Other persons in commerce and industry are also affected by the high cost of construction. Construction costs for buildings of all types have risen and are continuing to rise at unprecedented rates. A multitude of laws, ordinances, rules, regulations, and codes regulating the construction of buildings and the use of materials therein is a factor contributing to the high cost of construction. Many such requirements are obsolete, complex, and unnecessary. They serve to increase costs without providing correlative benefits of safety to owners, builders, tenants, and users of buildings. It is the purpose of this act to prescribe and provide for the administration and amendment of a state code of building construction which will provide basic and uniform performance standards, establish reasonable safeguards for health, safety, welfare, comfort, and security of the residents of this state who are occupants and users of buildings, and provide for the use of modern methods, devices, materials, and techniques which will in part tend to lower construction costs. LEGISLATIVE INTENT Below is an excerpt from the 1971 Session Laws when the legislature first authorized creation of a State Building Code. The purpose of the code, as shown in the first and fourth paragraphs, still appears today in Minnesota Statute 326B.101. The second and third paragraphs describe factors facing the construction industry and society at the time that likely contributed to the establishment of the first State Building Code. 6 | Guide to the State Building Code G uide to the State Building Code | 7 PURPOSE The purpose of the State Building Code is described in Minnesota Statutes 326B.101 where it reads: In other words: • Basic – minimum • Uniform – everyone designs and builds to comply with the same requirements • Performance standards – requirements should focus on the outcome not specific methods • Reasonable safeguards – not overly complex, costly or difficult • Health – safe clean water, proper sewer, sanitation, air quality, light, ventilation • Safety – protection from fire, smoke, falling, wind, snow, frost, extreme temperature, electrocution, hazardous materials, panic, breaking glass, structural collapse • Welfare – accessibility, conserves energy resources, peace of mind, habitability • Comfort – heating facilities, soundproofing between apartments, room size • Security – school safety, nursing home dementia units, correctional facilities • Provide for the use of modern methods, devices, materials and techniques which will in part tend to lower construction costs – encourage and recognize innovation and technologies that provide cost savings in labor, equipment, and building materials • The construction of buildings should be permitted at the least possible cost consistent with recognized standards of health and safety – manage adoption of nationally recognized safety and health codes to keep construction costs as low as possible The commissioner shall administer and amend a state code of building construction which will provide basic and uniform performance standards, establish reasonable safeguards for health, safety, welfare, comfort, and security of the residents of this state and provide for the use of modern methods, devices, materials, and techniques which will in part tend to lower construction costs. The construction of buildings should be permitted at the least possible cost consistent with recognized standards of health and safety. ” 8 | Guide to the State Building Code FEDERAL IMPACT Energy Minnesota is obligated to review and adopt a new commercial energy code when recommended by the U.S. Department of Energy. However, when a new, more efficient residential energy code becomes available, Minnesota is only required to review and consider adopting the new code. Manufactured Homes Since 1976, Minnesota has been a State Administrative Agency (SAA) for the U.S. Department of Housing and Urban Development for the installation of manufactured homes. As a condition of being an SAA, Minnesota must adopt installation and dispute-resolution programs compatible with federal regulations for manufactured homes. Prefabricated Structures Since 1995, Minnesota has been part of an interstate compact for the regulation of prefabricated structures and modular buildings. This compact obligates Minnesota and partner states to follow specific state codes as well as uniform model rules and regulations when constructing prefabricated structures. Accessibility Although Minnesota is not required by the federal government to administer an accessibility code, the Americans with Disabilities Act (ADA) established both the requirement and standard that all new and remodeled buildings are required to follow. To simplify compliance for architects and building owners, Minnesota adopted a model accessibility code that is compatible with ADA. 8 | Guide to the State Building Code G uide to the State Building Code | 9 UNIFORMITY Uniformity is important for several reasons: Reduced cost Contractors only have to learn one code. This enables them to become more efficient in their design and construction methods, thus minimizing construction costs. Building product manufacturers are able to reduce their costs as they can design their materials to meet just one standard. Levels the competition As the entire construction industry uses the same standard, estimating construction costs will be equitable. Consistent code enforcement Building officials throughout Minnesota are trained to understand and enforce a single standard. This promotes uniform application and enforcement of the code, thus minimizing errant interpretations, construction delays and additional construction cost. Statutory requirements for uniformity Minnesota Statute 326B.121 Subd. 1(a): The State Building Code is the standard that applies statewide for the construction, reconstruction, alteration, repair, and use of buildings and other structures of the type governed by the code. Minnesota Statute 326B.121 Subd. 1(b): The State Building Code supersedes the building code of any municipality. Minnesota Statute 326B.121 Subd. 2(c): A municipality must not by ordinance, or through development agreement, require building code provisions regulating components or systems of any structure that are different from any provision of the State Building Code. The State Building Code preempts and supersedes local regulation for the construction of buildings. A key purpose of the legislature establishing a single State Building Code was to promote uniformity of construction standards throughout Minnesota. 10 | G uide to the State Building Code BENEFITS • Provides safe and healthy buildings • Provides peace of mind that buildings are safe to be used as intended • Provides accessible buildings for all people, regardless of ability • Provides energy efficient buildings • Provides buildings that are resilient to weather extremes • Provides reduced property loss in the event of fire, flood, wind and snow • Provides consistency in building design, bidding process and building construction • Provides financial institutions with an assured value of quality and safety. Most require evidence of this through the Certificate of Occupancy • Provides insurance companies with permit, inspection and occupancy approvals to verify insurability • Provides prospective property owners with documented improvement records that are sometimes necessary for real estate transfers and tax purposes • Provides the Insurance Services Office (ISO) with a measurable industry standard to determine cost- effective statewide insurance ratings • Provides FEMA with a responsible safety standard to base reconstruction costs to replace or repair disaster- destroyed property • Provides the public with a way to verify that work is done by licensed contractors, architects and engineers • Provides a standard for consumer protection through Minnesota’s Contractor Licensing program and Contractor Recovery Fund • Provides compatibility with the State Fire Code • Provides quality community development through the construction of buildings that meets the needs of society, municipalities, building owners and residents 10 | Guide to the State Building Code Guide to the State Building Code | 11 REQUIREMENTS Model codes Minnesota law requires the State Building Code to conform as much as possible to model building codes generally accepted and in use throughout the United States. A model code is a book of published construction regulations developed by members of an organization having subject-matter expertise. Model codes are intended for adoption into law by local governments, states and even countries. Because writing codes requires a great deal of work by many experienced and varied industry experts, this is usually beyond the capacity of a local government to produce on its own. The preferred way to efficiently regulate building safety, accessibility for the disabled and energy efficiency is through the adoption and enforcement of model codes. However, because model codes are produced for widespread use throughout all parts of the country, state government must usually amend or change some provisions in order to address its own particular geography, climate and legislative mandates. Minnesota rules Minnesota law states that the commissioner [of the Minnesota Department of Labor and Industry] shall by rule and in consultation with the Construction Codes Advisory Council establish a code of building standards. A rule is a type of Minnesota law that is produced by a state agency through a legally prescribed process. Although authority for making a rule must be granted by the legislature, the legislature is not directly involved in the process. Adopting a model code into the State Building Code is done by rule. Another example of a rule is when the changes are made to specific requirements of the model code. Usually these are referred to as amendments or amending the model code. Minnesota statutes Even though the State Building Code is established by rule using model codes, the legislature can still enact specific requirements into law to regulate the construction of buildings. Most often, this occurs as a result of a tragedy or string of accidents where the State Building Code may not have provided adequate protections. Examples of some of the special provisions passed into law by the legislature include: • bleacher safety, • window-fall protection, • required safety devices for automatic garage door openers, • window-cleaning safety anchorages, • radon control, and • smoke detection devices. The State Building Code is a set of documents that regulate the construction of buildings so they are safe, energy efficient and accessible. The specific regulations contained in the State Building Code appear in one of three forms: model codes and standards, Minnesota Rules and Minnesota Statutes. 12 | G uide to the State Building Code ENFORCEMENT AREAS Minnesota State Building Code is enforced throughout these 21 counties. Minnesota State Building Code is enforced by certain cities and townships. Throughout Minnesota, 507 municipalities enforce the State Building Code. This includes: • 432 of 852 cities • 59 or 1,790 townships • 16 of 87 counties 217 designated building officials serve the 507 municipalities. 54 of the 217 designated building officials serve multiple municipalities. The State Building Code is enforced throughout 21 counties, 16 of which have their own county building official. 12 | Guide to the State Building Code Guide to the State Building Code | 13 CHAPTERS The Minnesota State Building Code consists of 18 chapters. Most of them adopt by reference a model code or standard that has been developed by a national code-making organization. The remaining chapters contain subject matter that has been written specifically for Minnesota. 1300 – Minnesota Building Code Administration 1303 – Special Provisions 1305 – Minnesota Commercial Building Code 1307 – Elevators and Related Devices 1309 – Minnesota Residential Code 1311 – Minnesota Conservation Code for Existing Buildings 1315 – Minnesota Electrical Code 1322/23 – Minnesota Energy Code 1335 – Flood-proofing Regulations 1341 – Minnesota Accessibility Code 1346 – Minnesota Mechanical and Fuel Gas Code 1350 – Manufactured Homes 1360 – Prefabricated Structures 1361 – Industrialized/Modular Buildings 1370 – Storm Shelters (Manufactured Home Parks) 4714 – Minnesota Plumbing Code 5230 – Minnesota High Pressure Piping Systems 14 | G uide to the State Building Code CODE BOOK FACT SHEET 2020 MINNESOTA BUILDING CODE ADMINISTRATION •Regulates the administration of all Minnesota adopted codes. •Contains detailed provisions governing building official duties, building department operations, permits, plan review, violations, fees, inspections, board of appeals and certificate of occupancy. •Located in Minnesota Rules Chapter 1300. This rule chapter replaces the administrative chapters in each of the 2018 International Code Council (ICC) model codes adopted by Minnesota. EFFECTIVE DATE •Updates to Minnesota Building Code Administration are effective March 31, 2020. CODE BOOK The 2020 Minnesota Building Code Administration is incorporated into custom code books published for Minnesota by the International Code Council (ICC). There is no longer a need to separately purchase the ICC model code and Minnesota amendments and refer to them both. Now they are contained in a single reformatted Minnesota-specific code book. The Minnesota Building Code Administration is available for free online viewing or can be purchased in soft- cover format as part of Minnesota’s other published codes. TO VIEW CODES ONLINE FREE •Visit www.dli.mn.gov/business/codes-and- laws to view the code. TO PURCHASE CODE BOOKS •Minnesota’s Bookstore www.mnbookstore.com 651-297-3000 or 1-800-657-3757 •International Code Council https://shop.iccsafe.org/state-and-local-codes/minnesota.html 701-931-4533 2020 MINNESOTA BUILDING CODE ADMINISTRATION 14 | Guide to the State Building Code Guide to the State Building Code | 15 CODE BOOK FACT SHEET2020 MINNESOTA PROVISIONS TO THE STATE BUILDING CODE 2020 MINNESOTA PROVISIONS TO THE STATE BUILDING CODE •Addresses a number of subjects related to Minnesota’s climatic conditions and other provisions not appropriately regulated in the International Residential Code (IRC) or International Building Code (IBC). •Contains Minnesota provisions addressing restroom facilities in public buildings, parking spaces for commuter vans, automatic garage door opening systems, recycling space, footing frost protection, ground snow load, radial ice on towers, wood for exterior decks, patios and balconies, bleacher safety, simplified wind loads and radon. •Located in Minnesota Rules Chapter 1303. This rule chapter contains special code provisions required by Minnesota statutes. EFFECTIVE DATES •Updates to Minnesota Provisions to the State Building Code are effective July 31, 2020. CODE BOOK The 2020 Minnesota Provisions to the State Building Code is incorporated into both the Minnesota Building Code and Minnesota Residential Code published for Minnesota by the International Code Council (ICC). There is no longer a need to separately purchase the ICC model code and Minnesota amendments and refer to them both. Now they are contained in a single reformatted Minnesota-specific code book. The Minnesota Provisions to the State Building Code is available for free online viewing or can be purchased as part of the Minnesota Building or Minnesota Residential codes in soft-cover format. TO VIEW CODES ONLINE FREE •Visit www.dli.mn.gov/business/codes-and-laws to view the code. TO PURCHASE CODE BOOKS •Minnesota’s Bookstore www.mnbookstore.com 651-297-3000 or 1- 800-657-3757 •International Code Council https://shop.iccsafe.org/state-and-local-codes/minnesota.html 701-931-4533 16 | G uide to the State Building Code CODE BOOK FACT SHEET2020 MINNESOTA BUILDING CODE 2020 MINNESOTA BUILDING CODE •Regulates the design, construction, addition, alteration, repair, use and location of all buildings and structures other than those regulated by the 2020 Minnesota Residential Code. •Contains detailed provisions governing building construction. These include requirements for structural, means of egress, sanitation, life-safety, fire-safety, and moisture protection. •Located in Minnesota Rules Chapter 1305. This rule chapter adopts by reference Chapters 2 through 33 and 35 of the 2018 International Building Code (IBC) and includes amendments to the IBC. EFFECTIVE DATES •Minnesota Building Code is effective March 31, 2020. CODE BOOK The 2020 Minnesota Building Code is a custom code book published for Minnesota by the International Code Council (ICC). It includes Minnesota's amendments into the body of changed sections and reads as a unified code book. It also includes Minnesota chapters about administration, radon and elevators. There is no longer a need to separately purchase the ICC model code and Minnesota amendments and refer to them both. Now they are contained in a single reformatted Minnesota-specific code book. Code books are available for purchase and free, online viewing is available. TO VIEW CODES ONLINE FREE •Visit www.dli.mn.gov/business/codes-and-laws to view the code. TO PURCHASE CODE BOOKS •Minnesota’s Bookstore www.mnbookstore.com -651-297-3000 or 1-800-657-3757 •International Code Council https://shop.iccsafe.org/state-and-local-codes/minnesota.html 701-931-4533 16 | Guide to the State Building Code Guide to the State Building Code | 17 CODE BOOK FACT SHEET2020 MINNESOTA ELEVATOR AND RELATED DEVICES CODE 2020 MINNESOTA ELEVATOR AND RELATED DEVICES CODE •Regulates the design, construction, installation, alteration, repair, removal, operation and maintenance of elevators and related devices. •Contains detailed provisions governing passenger elevators, freight elevators, hand-powered elevators, dumbwaiters, escalators, moving walks, vertical reciprocating conveyors, stage and orchestra lifts, endless belt lifts, wheelchair lifts and other related devices. •Located in Minnesota Rules Chapter 1307. This rule chapter incorporates certain standards of the American Society of Mechanical Engineers (ASME), Chapter 30 of the 2018 International Building Code (IBC), and Minnesota amendments in Minnesota Rules Chapter 1305. EFFECTIVE DATE •Minnesota Elevator and Related Devices Code anticipated effective date is mid-2020. CODE BOOK The 2020 Minnesota Elevator and Related Devices Code incorporates several ASME codes and standards with Minnesota amendments. TO VIEW CODES ONLINE FREE •Minnesota Rules Chapter 1307, Elevators and Related Devices, www.revisor.mn.gov/rules/1307/ TO PURCHASE CODE BOOKS •The American Society of Mechanical Engineers at www.asme.org/ codes-standards/publications-information/safety-codes-standards 18 | G uide to the State Building Code CODE BOOK FACT SHEET2020 MINNESOTA RESIDENTIAL CODE 2020 MINNESOTA RESIDENTIAL CODE •Regulates the design, construction, addition, alteration, repair, use, and location of detached one- and two-family dwellings, certain townhouses and their accessory structures. •Contains detailed provisions governing dwelling construction including requirements for structural, life- safety, fire-safety and moisture protection. •Located in Minnesota Rules Chapter 1309. This rule chapter adopts by reference Chapters 2 through 10, 44, Section P2904, and Appendix K and Q from the 2018 International Residential Code (IRC) as amended in Minnesota. EFFECTIVE DATES •Residential Code is effective March 31, 2020. CODE BOOK The 2020 Minnesota Residential Code is a custom code book published for Minnesota by the International Code Council (ICC). It includes Minnesota's amendments into the body of changed sections and reads as a unified code book. It also includes Minnesota chapters about Administration, Radon and Energy. There is no longer a need to separately purchase the ICC model code and Minnesota amendments and refer to them both. Now they are contained in a single reformatted Minnesota-specific code book. The Minnesota Residential Code is available for free online viewing or can be purchased in soft-cover format (English and Spanish versions). TO VIEW CODES ONLINE FREE •Visit www.dli.mn.gov/business/codes-and-laws to view the code. TO PURCHASE CODE BOOKS •Minnesota’s Bookstore www.mnbookstore.com 651-297-3000 or 1-800-657-3757 •International Code Council https://shop.iccsafe.org/state-and-local-codes/minnesota.html 701-931-4533 18 | Guide to the State Building Code Guide to the State Building Code | 19 CODE BOOK FACT SHEET2020 MINNESOTA CONSERVATION CODE FOR EXISTING BUILDINGS 2020 MINNESOTA CONSERVATION CODE FOR EXISTING BUILDINGS •Regulates the design, alteration, repair, addition, change of occupancy and relocation of existing buildings and structures, including historic buildings. This code does not apply to buildings or structures regulated by the 2020 Minnesota Residential Code. •Contains regulations for building conservation using both prescriptive and performance-based provisions with emphasis on performance. These regulations may often be less restrictive than the IBC, making building conservation and reuse of existing buildings more cost effective while maintaining building safety. •Located in Minnesota Rules Chapter 1311. This rule chapter adopts by reference Chapters 2 through 16 of the 2018 International Existing Building Code (IEBC) and includes amendments to the IEBC. EFFECTIVE DATE •Conservation Code for Existing Buildings is effective March 31, 2020. CODE BOOK The 2020 Minnesota Conservation Code for Existing Buildings is a custom code book published for Minnesota by the International Code Council (ICC). It includes Minnesota’s amendments into the body of changed sections and reads as a unified code book. It also includes a Minnesota chapter about Administration. There is no longer a need to separately purchase the ICC model code and Minnesota amendments and refer to them both. Now they are contained in a single reformatted Minnesota-specific code book. The Minnesota Conservation Code for Existing Buildings is available for purchase in soft-cover format. Free online viewing is also available. TO VIEW CODES ONLINE FREE •Visit http://codes.iccsafe.org/#minnesota to view the code. TO PURCHASE CODE BOOKS •Minnesota’s Bookstore www.mnbookstore.com 651-297-3000 or 1-800-657-3757 •International Code Council https://shop.iccsafe.org/state-and-local-codes/minnesota.html 701-931-4533 20 | G uide to the State Building Code CODE BOOK FACT SHEET2020 MINNESOTA ENERGY CODE 2020 MINNESOTA ENERGY CODE •Provides energy-conserving standards for the design, construction, alteration, renovation and repair of residential and commercial buildings. •Contains design and construction standards regarding heat-loss control, illumination and climate control. •Located in Minnesota Rules Chapters 1322 and 1323. This rule chapter adopts by reference Chapters 2(RE) through 5(RE) of the 2012 International Energy Conservation Code (IECC) for residential, 2(CE) through 4(CE) and 6(CE) of the 2018 IECC for commercial, and optional AHSRAE Standard 90.1-2016, the 2012 IECC and Minnesota amendments to the IECC. The IECC includes requirements for both residential and commercial buildings. EFFECTIVE DATE •Commercial Energy Code with ANSI/ASHRAE/IES Standard 90.1-2016 is effective March 31, 2020. •Residential Energy Code is effective Feb. 14, 2015. CODE BOOK The 2020 Minnesota Energy Code is a custom code published for Minnesota by the International Code Council (ICC). It includes Minnesota’s amendments into the body of changed sections and reads as a unified code book. It also includes a Minnesota chapter on Administration. There is no longer a need to separately purchase the ICC model code and Minnesota amendments and refer to them both. Now they are contained a single reformatted Minnesota-specific code book. Code books are available for purchase and free, online viewing is also available. TO VIEW CODES ONLINE FREE •Visit www.dli.mn.gov/business/codes-and-laws to view the code. TO PURCHASE CODE BOOKS •Minnesota’s Bookstore www.mnbookstore.com 651-297-3000 or 1-800-657-3757 •International Code Council https://shop.iccsafe.org/state-and-local-codes/minnesota.html 701-931-4533 20 | Guide to the State Building Code Guide to the State Building Code | 21 CODE BOOK FACT SHEET 2020 MINNESOTA ACCESSIBILITY CODE 2020 MINNESOTA ACCESSIBILITY CODE •Provides standards for the design and construction of buildings to be accessible for all persons. •Contains detailed scoping requirements from IBC Chapter 11 and detailed technical provisions from ICC/ ANSI A117.1-2009 to ensure that buildings and facilities are designed and constructed to be accessible. •Located in Minnesota Rules Chapter 1341. This rule chapter adopts by reference Chapter 11 of the 2018 International Building Code (IBC), Section 305 of the 2018 International Existing Building Code (IEBC), ICC/ ANSI A117.1-2009, and Minnesota amendments. EFFECTIVE DATE •Minnesota Accessibility Code is effective March 31, 2020. CODE BOOK The 2020 Minnesota Accessibility Code is a custom code published for Minnesota by the International Code Council (ICC). It includes Minnesota’s amendments into the body of changed sections and reads as a unified code book. It also includes a Minnesota chapter about Administration. There is no longer a need to separately purchase the ICC model codes and Minnesota amendments and refer to them both. Now they are contained in a single reformatted Minnesota-specific code book. The Minnesota Accessibility Code is available for purchase in soft-cover format. Free online viewing is also available. TO VIEW CODES ONLINE FREE •Visit http://codes.iccsafe.org/#minnesota to view the code. TO PURCHASE CODE BOOKS •Minnesota’s Bookstore www.mnbookstore.com 651-297-3000 or 1-800-657-3757 •International Code Council https://shop.iccsafe.org/state-and-local-codes/minnesota.html 701-931-4533 22 | G uide to the State Building Code CODE BOOK FACT SHEET2020 MINNESOTA MECHANICAL AND FUEL GAS CODE 2020 MINNESOTA MECHANICAL AND FUEL GAS CODE •Regulates the design, installation, maintenance, alteration and inspection of building mechanical systems that are used to provide control of environmental conditions and related processes. •Contains detailed provisions governing mechanical and fuel gas systems using prescriptive and performance-based provisions with emphasis on performance. •Located in Minnesota Rules Chapter 1346. This rule chapter adopts by reference Chapters 2 through 15 of the 2018 International Mechanical Code, Chapters 2 through 8 of the 2018 International Fuel Gas Code (including amendments to both), chapters 1 through 9 of ANSI/ASHRAE Standard 154-2016, Ventilation for Commercial Cooking Operations, and ANSI/ASHRAE 62.2-2016, Ventilation and Acceptable Indoor Air Quality in Residential Buildings. EFFECTIVE DATE •Minnesota Mechanical and Fuel Gas Code is effective April 6, 2020. CODE BOOK The 2020 Minnesota Mechanical and Fuel Gas Code is a custom code published for Minnesota by the International Code Council (ICC). It includes Minnesota’s amendments into the body of changed sections and reads as a unified code book. It also includes a Minnesota chapter about Administration. There is no longer a need to separately purchase the ICC model codes and Minnesota amendments and refer to them both. Now they are contained in a single reformatted Minnesota- specific code book. The Minnesota Mechanical and Fuel Gas Code is available for free online viewing or can be purchased in soft-cover format. TO VIEW CODES ONLINE FREE •Visit www.dli.mn.gov/business/codes-and-laws to view the code. TO PURCHASE CODE BOOKS •Minnesota’s Bookstore www.mnbookstore.com 651-297-3000 or 1-800-657-3757 •International Code Council https://shop.iccsafe.org/state-and-local-codes/minnesota.html 701-931-4533 22 | Guide to the State Building Code Guide to the State Building Code | 23 CODE BOOK FACT SHEET2015 MINNESOTA PLUMBING CODE 2015 MINNESOTA PLUMBING CODE •Regulates the design and installation of plumbing systems statewide for all buildings including new, addition, alteration, repair and replacement. •Contains requirements for drain, waste, and vent systems, water supply and distribution systems, backflow prevention, water conditioning equipment, roof drainage systems, plumbing fixtures, materials and non- potable rainwater catchment systems. •Minnesota Rules, Chapter 4714. The rule incorporates by reference Chapters 2 to 11, 14,and 17 of the 2012 edition of the Uniform Plumbing Code (UPC), and UPC Appendices A, B and I, except for IS 12-2006, IS 13-2006, IS 26-2006, SIS 1-2003 and SIS 2-2003 of Appendix I, with Minnesota amendments. EFFECTIVE DATE •Minnesota Plumbing Code, Chapter 4714, is effective Jan. 23, 2016. •As of Jan. 23, 2016, Chapter 4715 is repealed. CODE BOOK The 2015 Minnesota Plumbing Code is published by the International Association of the Plumbing and Mechanical Officials (IAPMO) for Minnesota in a single, reformatted custom code book. It incorporates Minnesota amendments and reads as a unified code book. It also includes Chapter 4716, Plumber Licensing and Apprentice Registration, and Chapter 1300, Minnesota Administration Code. The 2015 Minnesota Plumbing Code is anticipated to be available for purchased in January 2016 in a soft-cover format. Online viewing will be available soon after publication of the 2015 Minnesota Plumbing Code. TO PURCHASE CODE BOOKS •Minnesota’s Bookstore www.minnesotasbookstore.com 651-297-3000 or 1-800-657-3757 •International Association of the Plumbing and Mechanical Officials Online Bookstore http://iapmomembership.org/ 909-472-4208 Email: publications@iapmo.org 24 | G uide to the State Building Code 2019 HIGH PRESSURE PIPING CODE •Regulates the design, construction and installation of high-pressure steam and other heating mediums, ammonia refrigeration and bioprocess piping systems. •Contains detailed material and pressure requirements for pipe, fittings and valves as well as procedure, qualification and production welding requirements on high pressure piping (HPP) systems. •The Board of High Pressure Piping Systems has adopted five model codes, with Minnesota amendments: ASME B31.1-2016 for high pressure steam and other heating mediums; ANSI/IIAR2-2014 and ASME B31.5- 2016 for ammonia refrigeration; ASME BPE-2016 for bioprocess; and ASME Section IX-2017 for welding requirements on all high-pressure piping systems. EFFECTIVE DATE •Minnesota Rules Chapter 5230, containing the Minnesota High Pressure Piping Code, is effective May 14, 2019. CODE BOOK Minnesota High Pressure Piping Laws and Rules is available for free online viewing or can be purchased as part of the Minnesota Building Code in soft-cover format. The four American Society of Mechanical Engineers (ASME) codes adopted by reference as part of the Minnesota High Pressure Piping Code are available for purchase online through ASME or other third-party vendors. The International Institute of Ammonia Refrigeration Standard ANSI/ IIAR2-2014 is available for purchase online through IIAR. TO VIEW CODES ONLINE FREE •Visit www.dli.mn.gov/business/codes-and-laws to view the code. TO PURCHASE CODE BOOKS •Minnesota’s Bookstore, www.mnbookstore.com or 651-297-3000 •American Society of Mechanical Engineers www.asme.org/shop/standards or 800-843-2763 •International Institute of Ammonia Refrigeration www.iiar.org or 703-312-4200 CODE BOOK FACT SHEET 2019 HIGH PRESSURE PIPING CODE 24 | Guide to the State Building Code Guide to the State Building Code | 25 CODE BOOK FACT SHEET2020 NATIONAL ELECTRICAL CODE 2020 NATIONAL ELECTRICAL CODE •The 2020 National Electrical Code (NEC) provides the minimum installation criteria for electrical wiring for commercial, residential and industrial occupancies. The original code document was developed in 1897 as a result of united efforts of various insurance, electrical, architectural and allied interests. •The purpose of the code is the practical safeguarding of persons and property from hazards arising from the use of electricity. Contains prescriptive installation requirements for premises wiring systems but is not intended to be a design specification or an instruction manual for untrained persons. •The code is adopted by the Minnesota Board of Electricity as required by Minnesota Statutes 326B.32 Subd. 2 (3) pursuant to Chapter 14. EFFECTIVE DATE •The 2020 NEC anticipated effective date is July 1, 2020, but subject to change. CODE BOOK The 2020 NEC is published by the National Fire Protection Association (NFPA) and is adopted in Minnesota without amendment. The NEC is available for purchase from the NFPA and free online viewing is available with user registration, membership is not required. TO VIEW CODES ONLINE FREE •Visit www.dli.mn.gov/business/codes-and-laws to view the code. TO PURCHASE CODE BOOKS •Minnesota’s Bookstore www.mnbookstore.com 651-297-3000 or 1-800-657-3757 •National Fire Protection Association One Batterymarch Park Quincy, Massachusetts 02169-7471 1-800-344-3555 26 | G uide to the State Building Code INDUSTRIALIZED MODULAR BUILDINGS •Regulates the construction, review process and approval for industrialized modular buildings built away from the site of occupancy by approved modular builders. Modular buildings may be any occupancy or construction type allowed by code. •Provides for Minnesota to become member of the Interstate Industrialized Building Commission. •Contained in Minnesota Rules Chapter 1361. The rule incorporates parts of the 2007 Model Rules and Regulations and 2007 Uniform Administrative Procedures of the Model Rules and Regulations for Industrialized/Modular Buildings as adopted by the Industrialized Buildings Commission. •Regardless where it is manufactured, the building must be constructed to the Minnesota State Building Code when it is to be installed in Minnesota. •Industrialized Modular Buildings must be constructed in accordance with the 2020 Minnesota Building Code. EFFECTIVE DATES •Interstate Industrialized Building Commission, 2007 Model Rules and Regulations and 2007 Uniform Procedures became effective July 1, 2007. •Minnesota Rule Chapter 1361, Industrialized Modular Buildings, became effective in 1995. CODE BOOK •The 2007 Model Rules and Regulations and 2007 Uniform Administrative Procedures are available online. TO VIEW CODE ONLINE FREE •Minnesota Rule Chapter 1361, Industrialized Modular Buildings www.revisor.mn.gov/rules/?id=1361 •2007 IIBC Model Rules and Regulations and Uniform Administrative Procedures www.interstateibc.org/forms • TO PURCHASE CODE BOOKS •Minnesota’s Bookstore www.mnbookstore.com 651-297-3000 or 1-800-657-3757 •International Code Council https://shop.iccsafe.org/state-and-local-codes/minnesota.html or 701-931-4533 CODE BOOK FACT SHEET INDUSTRIALIZED MODULAR BUILDINGS 26 | Guide to the State Building Code Guide to the State Building Code | 27 MINNESOTA MANUFACTURED HOME CODE •Regulates the installation and sales of manufactured homes. Licensing of manufacturers, dealers and installers of manufactured homes built and installed to Code of Federal Regulations. •Contains detailed regulations for installation and certification of manufactured homes, application forms to sell manufactured homes and record keeping of the sales and installations. •Is contained in Minnesota Rules Chapter 1350 and the Code of Federal Regulations CFR 3280, 3282, 3285, 3286 and 3288. •Manufactured homes are required only to be constructed to the Manufactured Home Code, CFR 3280 and 3282. EFFECTIVE DATES •Minnesota Rule 1350 became effective Jan. 4, 2010. •CFR 3280 and 3282 became effective June 15, 1976. •CFR 3288 became effective Feb. 8, 2008. •CFR 3285 and 3286 became effective Jan. 1, 2009. CODE BOOK •Code of Federal Regulations is available at http://portal.hud.gov/hudportal/HUD?src=/program_ offices/housing/rmra/mhs/csp. TO VIEW CODE ONLINE FREE •Minnesota Rule Chapter 1350, Manufactured homes www.revisor.mn.gov/rules/?id=1350 •Code of Federal Regulations https://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/rmra/mhs/csp TO PURCHASE CODE BOOKS •The Institute for Building Technology and Safety (IBTS) at www.ibts.org/publications.html CODE BOOK FACT SHEET MINNESOTA MANUFACTURED HOME CODE 28 | G uide to the State Building Code PREFABRICATED BUILDINGS •Governs the construction of prefabricated buildings. These buildings are intended for use as one- and two-family dwellings or accessory buildings of closed construction built away from the site of occupancy typically by vocational schools or lumber yards. •Contains detailed regulations for the submittal of documents to be reviewed and approved prior to construction. Includes requirements for inspections to determine compliance with the Minnesota State Building Code. •Is contained in Minnesota Rules Chapter 1360. •Prefabricated buildings must be constructed in accordance with the 2020 Minnesota Residential Code. EFFECTIVE DATES •Minnesota Rule Chapter 1360 became effective in 1995. TO VIEW CODE ONLINE FREE •Minnesota Rule Chapter 1360, Prefabricated Buildings, is available at www.revisor.mn.gov/rules/?id=1360. TO PURCHASE CODE BOOKS •Minnesota's Bookstore www.mnbookstore.com 651-297-3000 or 1-800-657-3757 •International Code Council https://shop.iccsafe.org/state-and-local-codes/minnesota.html 701-931-4533 CODE BOOK FACT SHEET PREFABRICATED BUILDINGS 28 | Guide to the State Building Code Guide to the State Building Code | 29 MINNESOTA FLOOD-PROOFING CODE • Ensures that buildings and structures located in a flood hazard zone are properly flood-proofed or elevated in accordance with prescribed standards. • These regulations apply to the construction, alteration and repair of any building or parts of a building or structure in the flood hazard area(s) of municipalities. • Located in Minnesota Rules Chapter 1335. The rule adopts by reference sections 100 to 1406 of the 1972 edition of the “Flood- proofing Regulations” from the Office of the Chief Engineers, U.S. Army, Washington, D.C., and made part of the State Building Code. EFFECTIVE DATES • Minnesota Rule Chapter 1335, Flood-proofing, became effective Jan. 14, 1974. CODE BOOK • 1972 Flood-proofing Regulations by the Office of the Chief Engineers, U.S. Army, Washington, D.C. TO VIEW CODES ONLINE FREE • 1972 Flood-proofing Regulations by the Office of the Chief Engineers, U.S. Army, Washington, D.C., available at www.dnr. state.mn.us/waters/watermgmt_section/floodplain/index.html. • Minnesota Rule Chapter 1335, Flood-proofing, is available at www.revisor.mn.gov/rules/?id=1335. CODE BOOK FACT SHEET MINNESOTA FLOOD-PROOFING CODE 30 | G uide to the State Building Code STORM SHELTERS •Ensures that buildings or portions of buildings intended to shelter manufactured home park residents from tornadoes and extreme winds are constructed to provide required protection. •Provides minimum standards of design and construction of manufactured home park storm shelters. •Is contained in Minnesota Rules Chapter 1370, Storm Shelters. The rule adopts by reference FEMA 361, the Design and Construction Guidance for Community Shelters, July 2000, published by the Federal Emergency Management Agency, Washington, D.C. EFFECTIVE DATES •Minnesota Rule Chapter 1370, Storm Shelters, became effective March 1, 1988. CODE BOOK •It is available in the Minnesota State Law Library and the Minnesota Department of Public Safety, Division of Emergency Management, 85 State Capitol, Saint Paul, Minnesota 55155. TO VIEW CODES ONLINE FREE •Minnesota Rule Chapter 1370, Storm Shelters, is available at www.revisor.mn.gov/rules/?id=1370. •www.fema.gov/fema-p-361-safe-rooms-tornadoes-and- hurricanes-guidance-community-and-residential-safe-rooms CODE BOOK FACT SHEET STORM SHELTERS 30 | Guide to the State Building Code Minnesota Department of Labor and Industry Construction Codes and Licensing Division 443 Lafayette Road N., St. Paul, MN 55155 1-800-657-3944 www.dli.mn.gov CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 8th day of June 2020, 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 relating to building codes in the City. 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 CHAPTER 3 OF THE CITY CODE OF ORDIANCES RELATING TO BUILDING CODES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 3-101, is hereby amended as follows: CHAPTER 3 - BUILDING CODE Section 3-101. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes, Sections 16B.59 to 16B.75, one copy of which is on file in the office of the city clerk is hereby adopted as the building code for the City of Brooklyn Center. Such code is hereby incorporated in this ordinance as completely as if set out in full. A. The following chapters of the Minnesota State Building Code are adopted and incorporated as part of the building code for the City of Brooklyn Center: 1. 1300 – Administration of the State Building Code 2. 1301 – Building Official Certification 3. 1302 – Construction Approvals 4. 1303 – Minnesota Provisions of the State Building Code and Window Fall Prevention and Radon 5. 1305 – Adoption of the 20122018 International Building Code with State Amendments 6. 1307 – Elevators and Related Devices 7. 1309 – 20122018 International Residential Code with State Amendments 8. 1311 – 20122018 International Existing Building Code Adopted with State Amendments 9. 1315 – Adoption of the 20142017 National Electrical Code 10. 1322 – 2012 International Energy Conservation Code (Residential Provisions) Adopted with State Amendments 11. 1323 – International Energy Conservation Code (Commercial Provisions) Adopted with State Amendments 12. 1325 – Solar Energy Systems 13. 1335 – Floodproofing Regulations 14. 1341 – Minnesota Accessibility Code Amends 20122018 International Building Code, Chapter 11 (is based on ICC/ANSI A117.1/2009) 15. 1346 – 20122018 International Mechanical and Fuel Codes adopted with State Amendments 16. 1350 – Manufactured Homes 17. 1360 – Prefabricated Buildings 18. 1361 – Industrialized/Modular Buildings 19. 1370 – Storm Shelters (Manufactured Home Parks) 20. 4714 – 2012 Edition of Uniform Plumbing Code with State Amendments 21. 7511 – Minnesota Fire Code 22. Minnesota Energy Code, Minnesota Rules, Chapter 7670 as provided in Minnesota Statutes Section 16B.617, and Minnesota Rules, Chapters 7672, 7674, 7676, and 7678. B. The following optional chapters of the Minnesota State Building Code are hereby adopted and incorporated as part of the building code for the City of Brooklyn Center: 1. International Building Code Appendix J (Grading) 2. 1306, Special Fire Protection Systems, 1306.0020 Subpart 2 Existing and New Buildings 3. 1335, Floodproofing regulations parts 1335.0600 to 1335.1200. Section 2. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2020. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) 6/25/2020 1 An Ordinance Amending Chapter 3 of the City Code October 8, 2018 Review City Council Meeting, June 8, 2020 Jesse Anderson, Deputy Director of Community Development Background •The International Code Council (ICC) is a nonprofit member‐based association. The ICC adopted amendment in 2018. •The State of Minnesota oversees and enforces construction activity in the state through the Department of Labor and Industry (DLI). •The State of Minnesota has recently adopted the 2020 code requirements that included the 2018 ICC codes with amendments.  •DLI authorizes municipalities to administer and enforce various provisions of the state's codes •Chapter 3 of the Brooklyn Center City Code provides for the enforcement of various provisions and amendments to the Minnesota State Building   2 6/25/2020 2 State Code Summary of Changes •General changes were made when the State adopted the 2020 code  to replace the previously adopted 2015 code. •The code included many changes that helped to clarify the  interpretation of the code.  •Modification to basement egress window requirements – •Allows for no egress window in basement when certain conditions are met  relating to a sprinkler system. •Clarification on when to require interconnected smoke alarms or  battery operated smoke alarms.  •Modification to the calculation of required wind loads.  3 State Code Summary of Changes •Adding Roof Access requirements for solar energy systems.  •Reorganizing and clarification of deck requirement relating to materials and  fasteners.  •Adds appendix Q to Residential Code relating to tiny homes – •Applies to homes under 400 square feet in size. •Ceiling height of 6 ft‐8 inches.  •Regulation for Lofts, Stairs, ladders and emergency exits.  •The adoption of this appendix doesn’t grant permission for tiny homes. It only  regulates how they are built. •The Minnesota Plumbing Code was replacing by the 2012 Uniform Plumbing Code. 4 6/25/2020 3 Next Steps • Hold Public Hearing • Review and Consider Second Reading • Code would be effective on July 8, 2020 5 Recommended Action ‐Motion to: Open the public hearing; Take public input; and Close the public hearing. ‐Motion to approve the second reading, and adopt Ordinance Amending Chapter 3  of the City Code of Ordinances Regarding the Administration of the State Building  Code 6 Council Regular Meeng DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:Meg Beekman, Community Development Director BY:Ginny McIntosh, City Planner / Zoning Administrator SUBJECT:Planning Commission Applica/on No. 2020-002 for Planned Unit Development Amendment No. 9 to the 2011 Shingle Creek Crossing Planned Unit Development Background: City Staff was approached by A9orney Ma9hew Wolf (Ta<, Ste=nius, and Hollister LLP) on behalf of property owner Shingle Creek LLC/Gatlin Development Co. Inc. regarding a proposal to bring a standalone car wash to Building Site E, located at the northeast corner of the Shingle Creek Crossing Planned Unit Development (PUD), and between Aspen Dental and the day lit por/on of Shingle Creek. In order to facilitate marke/ng and development within the PUD, Mr. Wolf also indicated a desire by Gatlin Development Co. I nc. to amend the 2011 Shingle Creek Crossing PUD to delete an “ea/ng establishment” requirement in place under Sec/on 4.A of the Shingle Creek Crossing Declara/ons and related PUD concepts, revise the list of uses currently allowed within the PUD, amend the building size and site configura/on of Building Site E, and bring the Shingle Creek Crossing PUD and associated Declara/ons back into synchroniza/on given the number of amendments that have occurred since 2011. I f changes to the building size and site configura/on of Building Site E are approved, the developer of said car wash would be required to submit a separate Planning Commission Applica/on to the City for site and building plan and Special Use Permit approvals. A public hearing no/ce was published in the Brooklyn Center Sun Post on April 30, 2020, and mail no/fica/ons were sent to surrounding property owners per no/fica/on requirements. City staff received no responses from the public in advance of the mee/ng with the excep/on of representa/on from Bank of America (2545 County Road 10), who relayed that they did not have any concerns regarding the proposed amendments to the Shingle Creek Crossing PUD; however, wanted to be no/fied upon submi9al of any applica/on for a car wash on Building Site E as they were concerned about the general appearance of the car wash from the street and from Bank of America. The Planning Commission held a public hearing via Webex mee/ng on May 14, 2020. No further comments were received from the public at the mee/ng, although representa/ves from Gatlin Development Co. Inc., including Frank Gatlin and Park McMillan, A9orney Ma9hew Wolf, and representa/on from the car wash developer, Ma9 Durand, were available to answer ques/ons from the Commissioners during the mee/ng. The Commissioners directed ques/ons towards ownership of the Shingle Creek Crossing shopping center and representa/on of the car wash developer. Concerns were expressed regarding the loca/on of the proposed car wash on Building Site E, which is next to Shingle Creek. Property Owner Frank Gatlin clarified that the exposed por/on of the Creek is day lit and the majority of the Creek has been diverted through a channel under the Shingle Creek Crossing parking lot. Other concerns surrounded the general opera/on of a car wash with traffic and the noise that comes with it. The Commissioners noted that a car wash is needed in the City, but there would be an emphasis placed on the appearance of the proposed car wash, materials used, and poten/al impacts to adjacent roadways and businesses. The Commissioners inquired on the Applicant’s request to remove the “ea/ng establishments” requirement on four of the Shingle Creek Crossing PUD lots, and the decision to allow for veterinarian’s offices (but not animal hospitals), certain educa/onal uses, group day care and drop-in childcare centers. The Planning Commission ul/mately made a recommenda/on to unanimously (7-0) recommend approval of Planning Commission Applica/on No. 2020-002 for amendment no. 9 to the 2011 Shingle Creek Crossing PUD. A9ached for your review are copies of the May 14, 2020 staff report, an excerpt of the dra< Planning Commission minutes, and a dra< copy of the Council resolu/on. Budget Issues: None to consider at this /me. Strategic Priories and Values: Targeted Redevelopment ATTACHMENTS: Descrip/on Upload Date Type PC Staff Report and Exhibits-Shingle Creek Crossing PUD Amd. 9 6/2/2020 Backup Material Excerpt of Dra< Planning Commission Mee/ng Minutes (5.14.2020)6/2/2020 Backup Material Resolu/on-Disposi/on of Planning Commission Applica/on No. 2020-002 6/2/2020 Resolu/on Le9er Powerpoint 6/25/2020 Presenta/on App. No. 2020-002 PC 05/14/2020 Page 1 Planning Commission Report Meeting Date: May 14, 2020 Application No. 2020-002 Applicant: Matthew Wolf (Taft, Stettinius, and Hollister, LLP) on behalf of Gatlin Development Co. Inc. Request: Planned Unit Development Amendment No. 9 to the Shingle Creek Crossing PUD REQUESTED ACTION Matthew Wolf (Taft, Stettinius, and Hollister LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc. is requesting amendments to the Shingle Creek Crossing Planned Unit Development (PUD) that would result in the elimination of certain use restrictions imposed originally by the 2011 PUD and Declarations, as well as changes to the building size and site configuration of Building Site E (Lot 2, Block 1, Shingle Creek Crossing 2nd Addition) that would help prepare the site for a potential standalone car wash. If changes to the building size and site configuration of Building Site E are approved, the developer of said car wash would be required to submit a separate Planning Commission Application to the City for site and building plan and Special Use Permit approvals. A public hearing notice was published in the Brooklyn Center Sun Post on April 30, 2020 (Exhibit A). Notices were also mailed to surrounding property owners per notification requirements. BACKGROUND Site Data 2040 Land Use Plan: Transit-Oriented Development (TOD) Neighborhood: Centennial Current Zoning: Planned Unit Development-Commerce (PUD-C2) District Site Area: Shingle Creek Crossing PUD: 68.05 Acres |Building Site E: 0.92 Acres Surrounding Area Direction 2040 Land Use Plan Zoning North TOD C2 (Commerce) District South ROW (Highway 100) Highway 100 East ROW (Highway 100) Highway 100 West TOD C2 (Commerce) District The original Shingle Creek Crossing Planned Unit Development (PUD) was approved on May 23, 2011, and provided for the overall redevelopment of the Brookdale Mall properties. The mall was originally comprised of over 1.1 million square feet of retail space, which was subsequently reduced following the • Application Filed: April 21, 2020 • Review Period (60-day) Deadline: 06/20/2020 • Extension Declared: N/A • Extended Review Period Deadline: N/A App. No. 2020-002 PC 05/14/2020 Page 2 demolition of 760,000 square feet of old mall space, followed by the planned renovation of 123,242 square feet of former food court space; the redevelopment of over 403,000 square feet of new retail commercial and restaurant uses; and approval of the Shingle Creek daylighting. The second PUD amendment was approved a short time later on September 12, 2011, and provided for the physical separation of the food court building from Sears; the renovation and conversion of the food court space from 123,242 square feet to 150,591 square feet; the removal of Building Site N (between Sears and Walmart); and the addition of a new 6,000 square foot commercial pad site located at the southeast corner of the Xerxes Avenue North and 56th Avenue North entrance. The third PUD amendment, adopted on September 24, 2012, provided for the re-platting of certain lots and revisions to certain building pad sites (i.e. Building Site D, Building Site Q, and Building Site O). The fourth amendment, adopted October 14, 2013, approved the removal and replacement of the former Brookdale Mall food court with ten (10) new retail buildings. The fifth PUD amendment was related to various sign allowances granted throughout the Shingle Creek Crossing PUD. The sixth PUD amendment was adopted June 9, 2014 and incorporated changes to the food court redevelopment areas, a new 5,400 square foot restaurant pad site (Building Site R); a new 5,500 square foot restaurant pad site (Building Site T); a revised size and layout of Building B from 8,500 square feet to 6,673 square feet; and approval of the Shingle Creek Crossing 5th Addition. The seventh PUD amendment was adopted November 9, 2015 and authorized the re-subdivision of the Kohl’s store property into two separate lots, along with the planned development of a new Building Site X. The eighth PUD amendment was adopted February 13, 2017 and allowed for certain changes to the approved uses under the PUD, certain allowances and the expansion of Building Site Y (HOM Furniture), and certain size allowances for a digital sign on the Building Y property. This request was followed by subsequent requests, adopted on November 13, 2017 to address changes associated with storm water management improvements, and flexibility in the design of commercial/office uses and building placements for Building Sites X and F (Bank of America). PUD AMENDMENT City Staff was approached by Attorney Matthew Wolf (Taft, Stettinius, and Hollister LLP) on behalf of property owner Shingle Creek LLC/Gatlin Development Co. Inc. regarding a proposal to bring a standalone car wash to Building Site E, located at the northeast corner of the Shingle Creek Crossing Planned Unit Development (PUD), and between Aspen Dental and Shingle Creek. In order to facilitate marketing and development within the PUD, Mr. Wolf also indicated a desire by Gatlin Development Co. Inc. to amend the 2011 Shingle Creek Crossing PUD to delete an “eating establishment” requirement in place under Section 4.A of the Shingle Creek Crossing Declarations and related PUD concepts, revise the list of uses currently allowed within the PUD, and bring the Shingle Creek Crossing PUD and associated Declarations back into synchronization given the number of amendments that have occurred since 2011. Refer to Exhibit B. App. No. 2020-002 PC 05/14/2020 Page 3 Amendment to Uses The Applicant is requesting changes to the uses allowed within the PUD that would remove restrictions currently in existence on four of the lots that require them to be reserved for an “eating establishment” use only. One of the lots with this restriction is Building Site E, which has been proposed for use as a standalone car wash. The Applicant has also requested the removal of restrictions on group day care facilities and drop in child care centers (Section 35-322.l.k of City Code), veterinarian offices (but not animal hospitals), educational uses (Section 35-322.l.h of City Code), and gasoline service stations. It should be noted that, while the underlying zoning of the Shingle Creek Crossing PUD is C2 (Commerce) District and allows gas stations by Special Use, gas stations are no longer a permitted use within the Central Commerce Overlay District where the Shingle Creek Crossing PUD is located, with the exception of certain auto-oriented businesses in existence prior to October 1, 2019. City staff discussed this with the Applicant. The Applicant has requested the following changes in the Declarations: App. No. 2020-002 PC 05/14/2020 Page 4 It should further be noted that the above-mentioned Declarations are from 2011 and both the City and Shingle Creek Crossing PUD have had numerous amendments since this time that should be reviewed with any updating of the Declarations to ensure consistency. For instance, “hospitals, medical, and dental laboratories” are listed as a prohibited use within the 2011 Shingle Creek Crossing PUD Declarations; however, the 8th Amendment to the Shingle Creek Crossing PUD (2017) granted an option for Building Site X to be used as a potential medical center. The Applicant has acknowledged that the Declarations and amendments to the PUD have fallen out of sync and would like to work with City staff and the City Attorney to ensure all of the amendments approved since 2011 are accounted for and up- to-date with City regulations. As a final note, Section 4.C makes note that, “notwithstanding anything to the contrary herein, the permitted uses shall also include those uses listed in Subsection 1(v) and Subsection 3(b) of Section 35- 320,” which is actually the C1 (Service/Office) District. The aforementioned sections referenced are for the drop-in child care center (Subsection 1v) and group day care facility (Subsection 3b) uses. The drop- App. No. 2020-002 PC 05/14/2020 Page 5 in child care center use is a permitted use within the C2 (Commerce) District under Section 35-322.1.k and the group day care facility use is a special use within the C2 (Commerce) District under Section 35- 322.3.q. As these uses are already addressed under Sections 4.B.6 and 4.B.15 of the above Declarations, this language is likely unnecessary. Amendment to Building Site E Should the above-mentioned amendments be approved, the Applicant is also requesting an amendment to the PUD master plans to update Building Site E’s building size and site configuration in anticipation of a separate Planning Commission Application for site and building plan and Special Use Permit approval for a standalone car wash. Although the intended developer of the car wash could request another PUD amendment at time of their application, property owner and Applicant Shingle Creek LLC/Gatlin Development Co. Inc would like to be pro-active and streamline the process as much as possible by addressing the need to update the size and configuration of Building site E now and to minimize the number of PUD amendments navigating the City’s approval process, as this application would serve as the ninth PUD amendment since 2011. The amendment to the PUD to address Building Site E is required as the City’s Zoning Code states the following under Section 35-355, Subdivision 5.d (Planned Unit Development): The PUD master plans were last updated in 2017 by Kimley-Horn and currently reflect Building Site E as an “eating establishment” use within a 4,800 square foot building and with 48 available on-site parking spaces, which is reflective of the Easements, Covenants, and Restrictions (ECRs) currently recorded against the entire property that outline specific parking restrictions for certain uses. In the case of Building Site E and the “eating establishment” use, a ratio of 10 parking spaces per 1,000 square feet of building was required. App. No. 2020-002 PC 05/14/2020 Page 6 Assuming a car wash use receives approval for this location, the parking needs would be substantially less, as the developer interested in Building Site E has indicated that the standalone car wash and business model is designed around the convenience of customers by minimizing wait times. The information provided to City staff indicate each car wash would take 1.5 minutes per car, with a maximum of three (3) vehicles allowed in the wash tunnel at any one time. It is anticipated that the total time at the car wash only would take approximately three (3) minutes to compete, and the anticipated total time at the car wash, assuming a customer cleans and vacuums their car after, would take approximately 10 to 15 minutes. The car wash would likely have two employees available during their hours of operation. Although parking needs will be reviewed in greater detail with any future Planning Commission Application for site and building plan approval, City staff reviewed the site plan and proposed parking assuming a retail use of 4.5 stalls per 1,000 square feet given that there is no outlined parking ratio in the PUD for car washes. Assuming a 3,667 square foot building, 16.5 on-site parking spaces would be required. The updated site plan for Building Site E reflects 17 on-site parking spaces as well as two lines of stacking for the car wash queue. The proposed new parking lot and circulation would impact parking along the east side of Building Site D; however, upon review of the PUD master plans it appears Building Site D would maintain the minimum 50 parking spaces it requires (refer to Image 1 below). Image 1. Existing 2017 Shingle Creek Crossing Master Plans (PUD Amendment #8) for Building Site E. The Applicant and the proposed developer of the car wash worked with one another to provide as complete of detailing as possible for the proposed car wash, as per Section 35-355 above, the floor area of nonresidential areas cannot increase or decrease by more than 5 percent, and the lot coverage of any App. No. 2020-002 PC 05/14/2020 Page 7 individual buildings cannot increase or decrease by more than 10 percent. The Applicant and proposed developer of the car wash held an online meeting with City staff to discuss any immediate concerns and the City’s process and timeline for the PUD amendment, and subsequent site and building plan and Special Use Permit approvals. The only other recent example of a standalone car wash in Brooklyn Center existed at 5500 Brooklyn Boulevard and was demolished to facilitate redevelopment of the site into a two-unit retail building with drive thru in 2017. The site of the former car wash (0.82 acres) is of similar size to Building Site E (0.92 acres). In the case of the former car wash on Brooklyn Boulevard, the building was constructed in 1966 and encompassed 8,936 square feet of the property. Kimley-Horn, who has historically updated the master PUD plans for Shingle Creek Crossing, provided an overlay of the proposed 3,667 standalone car wash and revised parking lot in Image 2 below and attached as Exhibit C: Image 2. Proposed Changes to Building Size and Site Configuration of Building Site E (Changes indicated in Red). As proposed, the revised Building Site E building would decrease by 1,133 square feet, and on-site parking would be reduced from 48 to 17 parking spaces and stacking for the car wash tunnel. Per Kimley-Horn, the revised Building Site E would feature 0.08 acres (3,484.8 square feet) more open space than the previous design. The revised site plan would also bring the proposed car wash tunnel more in line with the setbacks for the buildings to the west of Building Site E. App. No. 2020-002 PC 05/14/2020 Page 8 Although setbacks and dimensions were not indicated on the above site plan, City staff was able to approximate the building setbacks for Building Site E as follows: North Property Line: 57 Feet South Property Line: 69 Feet East Property Line: 7.5 Feet West Property Line: 99 Feet City staff will need to see verified dimensions upon submittal of any application for site and building plan approval. The PUD master plans indicate a 20 foot building setback along Bass Lake Road (North Property Line), which the updated building on Building Site E would meet. The Applicant of the car wash will also need to confirm the setback from the eastern property line as the underlying C2 (Commerce) zoning district typically requires a 10 foot setback and City staff will want to confirm spacing between the trail/sidewalk areas and weir at Shingle Creek. Summary City staff believes a standalone car wash in the area would meet a need that has been expressed by residents since the demolition of the former Brookdale Car Wash at 5500 Brooklyn Boulevard. In late 2019, amendments to the City’s Central Commerce Overlay District were approved by City Council to provide clarity to the permitted and prohibited uses within the District, and specifically auto-oriented uses. While existing auto-oriented uses, such as the Holiday Gas Station at the northwest corner of Xerxes Avenue North and Bass Lake Road, and the auto repair shops located along Xerxes will be allowed to remain as conforming uses so long as they are active businesses, any future auto-oriented uses would not be permitted. The one exception to this is standalone car washes. Other uses not permitted within the Central Commerce Overlay District include sauna and massage establishments, currency exchanges, pawn shops, secondhand goods dealers, indoor storage establishments, and truck and trailer rental establishments. Should the requested amendments to the uses and Building Site E be approved, the Applicant will need to work with City staff and the City Attorney to update the Declarations and provide a fully updated PUD master plan set. City staff will want to ensure all updates to the PUD are recorded at the Hennepin County Recorder’s office as not all amendments have been in the past. FINDINGS & RECOMMENDATION Similar to those findings City staff has indicated and provided under previous considerations of amendments to the Shingle Creek Crossing PUD, the updating and easing of restrictions on uses within the Shingle Creek Crossing PUD and revisions to the master plan for Building Site E will allow property owner and Applicant Gatlin Development Co. Inc. more opportunities to appeal to potential tenants and developers, as the PUD has yet to reach full build out. As the request is generally in line with the uses already permitted, either by right or through special use, within the underlying and adjacent C2 (Commerce) District, City staff finds that the proposed PUD amendments can be supported based on the following findings: a) The proposed amendments to the uses allowed within the Shingle Creek Crossing PUD are App. No. 2020-002 PC 05/14/2020 Page 9 generally in line with the uses allowed by right or special use within the underlying C2 (Commerce) District, and will open up more opportunities for the PUD site to build out; b) The updating of Building Site E in the Shingle Creek Crossing PUD master plans addresses a current need to the overall Shingle Creek Crossing PUD plans as requested by property owner and Applicant Shingle Creek LLC/Gatlin Development Co. Inc.; c) The updating of Building Site E in the Shingle Creek Crossing PUD master plans will not impede the normal orderly development and proposed improvements of this Shingle Creek Crossing PUD, but rather take a pro-active approach by facilitating further buildout on the eastern edge of the Shingle Creek Crossing Planned Unit Development; d) The updating of Building Site E to reflect a potential car wash will not be injurious to the use and enjoyment of other uses in the Shingle Creek Crossing Planned Unit Development, nor be detrimental or pose any threat or danger to the public; and e) The updating of Building Site E to reflect a potential car wash will be cognizant of and provide adequate measures to maintain and provide suitable access and parking to the site. Staff recommends the Planning Commission adopt the attached Resolution No. 2020-02, which comprehends the approval of Planning Commission Application No. 2020-02, requesting amendments to the 2011 Shingle Creek Crossing Planned Unit Development plans and documents (including all subsequent amendments), subject to the following conditions and allowances: 1) The Applicant is allowed to amend and update the 2011 Shingle Creek Crossing Planned Unit Development plans and documents, including the associated Declarations, to reflect all approved amendments approved by City Council since 2011, as well as the following: a. Removal of the “eating establishments” requirement for the four Shingle Creek Crossing PUD lots, as noted under Section 4.A of the PUD Declarations; and b. Allowance of educational uses (Section 35-322.1.h), group day care and drop-in childcare centers (Section 35-322.1.k), and veterinarian’s offices (but not animal hospitals). c. Update Building Site E to reflect a 3,667-square foot building and 17-onsite parking spaces with two stacking lanes, as reflected in the exhibit provided by Kimley-Horn, and dated May 8, 2020 (Exhibit C). d. Relocation of the Shingle Creek Crossing monument sign on Building Site E to facilitate development. 2) No other allowances shall be permitted in the updating of the Shingle Creek Master Plan set, with the exception of any site-specific changes necessary for the site and building plan approval for Building Site E (e.g. landscaping, lighting). Any final changes to the building size and site configuration shall fall within the provisions addressed in Section 35-355, Subdivision 5.d (Planned Unit Development) or require further amendment to the 2011 Shingle Creek Crossing Planned Unit Development plans and documents. a. Any development on Building Site E will be required to follow the signage and architectural guidelines for Shingle Creek Crossing Planned Unit Development. b. Any items not covered by the aforementioned guidelines are subject to approval through City Code requirements. App. No. 2020-002 PC 05/14/2020 Page 10 3) A fully updated master plan set of the Shingle Creek Crossing Planned Unit Development is to be provided to the City as part of any subsequent application for site and building plan approval for Building Site E. 4) Unless amended otherwise or under separate agreement, all existing provisions, standards, and variations provided under the 2011 Shingle Creek Crossing Planned Unit Development and any subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development. 5) Any future amendments to the Planned Unit Development or application requests will require the submittal or adoption (acceptance) of an updated master plan, which shall govern the planned and future redevelopment areas of this site. ATTACHMENTS Exhibit A— Public Hearing Notice, published in the Brooklyn Center Sun Post, dated April 30, 2020. Exhibit B— Planning Commission Application No. 2020-002 Submittal Packet dated April 21, 2020. Exhibit C— Site Plan/PUD Overlay Exhibit for Building Site E, prepared by Kimley-Horn, and dated May 8, 2020. Exhibit A Applicant Information: Name: Address: Office Phone: Cell: Email: FAX: Property Owner Information* (if different from Applicant): Name: Property Owner Address: Office Phone: Cell: Email: FAX: 2020 Planning Commission Application Project Information: Provide a general description of your project and request(s): Address/Location of Property: Legal Description of Property: Application Type (Mark all that Apply) Comprehensive Plan Amendment $1,050 Appeal $200 Rezoning $1,050 Zoning Code Text Amendment $500 Special/Interim Use Permit $250 Special/Interim Use Permit Amendment $150 Site and Building Plan Review $750 Variance $200 Planned Unit Development $1,800 Planned Unit Development Amendment $700 Preliminary Plat $400 Final Plat $200 IMPORTANT: All applications may be subject to additional fees for reimbursement of costs incurred by the City for filing, reviewing, and processing applications in the form of an escrow to the City. Application Fee: $ Escrow Amount: $ Receipt No: For Office Use Only Date Received: Date Application Complete: Letter of Completeness: PC App No. For Office Use Only Matthew Wolf, Attorney for Applicant (Taft, Stettinius & Hollister LLP) 80 South 8th Street, Suite 2200, Minneapolis, MN 55402 612-977-8557 mwolf@briggs.com Shingle Creek LLC, c/o Gatlin Development Co. Inc. 1301 Riverplace Blvd #1900, Jacksonville, FL 32207 904.379.4774 frank@gatlindc.com Owner is requesting elimination of some use restrictions on the property that were imposed by the original PUD and declaration, and also requests adjustment of the site plan approved under the PUD to allow for a building size (approximately 3500 sqft) and site configuration compatible with a car wash use. 1080 Shingle Creek Crossing, Brooklyn Center, MN Lot 2, Block 1, SHINGLE CREEK CROSSING 2ND ADDITION, Hennepin County, Minnesota 700 1000 4 2020-002 04/21/2020 Exhibit B Escrows: All Planning Commission Applications shall be subject to a $1,000 escrow deposit. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include attorney and consulting fees and/or mailing and public notice costs. The escrow amount may be reduced or increased by the City Planner on a project by project basis. If at any time a required cash escrow is depleted the applicant shall deposit additional escrow funds as determined by the City. Unused portions of an escrow deposit shall be returned to the Applicant upon successful implementation of an approved application. Complete/Incomplete Applications: A preliminary meeting with City Staff is required prior to the submission of a Planning Commission Application. No application will be considered complete prior to such meeting. Once an application is submitted, City Staff shall have fifteen (15) business days to determine if the application is complete. An incomplete application will delay process of the request. If incomplete, City Staff will notify the Applicant in writing that the application is incomplete and what information is needed in order to make the application complete. Once an application has been deemed complete it will be placed on the next available Planning Commission agenda. Meeting Schedule: The deadline for submittal of Planning Commission Applications is outlined in the below schedule. Failure to submit all application materials, fees, and escrows by 4:30 p.m. on the application submittal deadline may delay the review process. Planning Commission meetings are held the second Thursday of each month at 7:00 p.m. If a recommendation is made by the Planning Commission regarding the application it will typically be placed on the agenda of the next available City Council meeting, which are held the fourth Monday of each month at 7:00 p.m. Meetings are held in the City Council Chambers at Brooklyn Center City Hall. Additional meetings and/or work sessions may be scheduled as necessary for the review of an application. 2020 Application Schedule (subject to change) Application Submittal Deadline (30-Days Prior to Meeting) Planning Commission Meeting Dates City Council Meeting Dates (for application review) December 10 (2019) January 9 January 27 January 14 February 13 February 25 February 11 March 12 April 13 March 10 April 9 April 27 April 14 May 14 June 8 May 12 June 11 July 13 June 9 July 9 July 27 July 14 August 13 September 14 August 11 September 10 September 28 September 8 October 8 October 26 October 13 November 12 December 14 November 10 December 10 January 11 (2021) Note: The above schedule is outlined for those submitting Planning Commission applications and does not outline all City Council meetings scheduled. Please access the City of Brooklyn Center’s website at www.cityofbrooklyncenter.org to receive up to date meeting dates and notices of any changes made to this schedule. Individuals may also review and download meeting agendas and packets from the city website. Meeting Attendance: In order for the Planning Commission and City Council to consider any application, the Applicant or a designated representative must be present at the scheduled meeting(s). If not, the matter may be tabled until the next available agenda. 11111111111111111111 Doc No T4868187 Certified, filed and/or recorded on 6/30/11 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 45 Pkg 10720776 Doc Name: Declaration Document Recording Fee Attested Copy or Duplicate Original Multiple Certificates Affected Fee Document Total Existing Certs 1337298 1337299 This cover sheet is now a permanent part of the recorded document. New Certs $46.00 $2.00 $20.00 $68.00 Shingle Creek Crossing DECLARATION OF COVENANTS AND RESTRICTIONS / TillS DECLARATION made this ~ day of_-=j_l'\'_\,\_~=-) ___ ,2011, by Shingle Creek, LLC, a Delaware limited liability company (hereinafter "SC LLC"), and the Economic Development Authority in and for the City of Brooklyn Center, Minnesota, a body politic and corporate under the laws of the State of Minnesota ("EDA") (SC LLC and EDA are hereinafter collectively referred to as "Declarants"). Declarants are executing this Declaration of Covenants and Restrictions to subject their interests in the Subject Property, as defined below, to the terms ofthis Declaration of Covenants and Restrictions ("20 II Declaration"). WHEREAS, SC LLC is the owner of the real property described on Attachment One (hereinafter the "SC LLC Property"). The EDA is the owner of the real property described on Attachment Two (the "EDA Property"). The SC LLC Property and the EDA Property are referred to herein, collectively as the Subject Property; and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the city of Brooklyn Center, Minnesota ("City") in connection with the rezoning of the Subject Property from the zoning classification C-2 (Commerce) to PUDIC-2 as provided in City Resolution No. 99-37 adopted on March 8, 1999, as amended by Resolution No. 2002-144 adopted on October 14, 2002 (the "Current Zoning"); and WHEREAS, in connection with such rezoning, a portion of the Subject Property was encumbered by an instrument entitled Declaration of Covenants and Restrictions, dated December 9, 1999 and filed in the office of the Hennepin County Registrar of Titles on January 8,2003 as document no. 3659543 (the "1999 Declaration"); and 387723 eLL BR29J-305 Return to: First American Title Insurance Company 1900 Midwest Plaza, 801 Nicollet Mall Minneapolis, MN 55402 . ~ ~.\ NCS-'-i 3(l~ IcR -MPLS (P5) /roVI tV WHEREAS, SC LLC has applied to the City for an amendment to the planned unit development ("PUD") for the Subject Property; and WHEREAS, the City approved SC LLC's application subject to certain conditions by Resolution No. 2011-85 adopted on June 13,2011; and WHEREAS, the approval of such PUD was based on the determination by the City Council of the City that such amendment was acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the PUD amendment would not have been approved; and WHEREAS, as a condition of approval of the PUD amendment, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration"); and WHEREAS, to secure the benefits and advantages of the PUD amendment, Declarants desire to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarants declare that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. I. Except as otherwise provided herein, the use and development of the Subject Property shall conform to the development plans described in subsections A through N below (the "Development Plans"). The City has approved the Development Plans and full sized originals of the Development Plans are on file with the Business and Development Department of the City: 2 387723 eLL BR291-305 A. Shingle Creek Crossing Master Plan, prepared by Kimley-Horn Associates, Inc. dated May 2011, and attached as Attachment Three B. Development Plan/Site Plan Exhibit prepared by Kimley-Hom and Associates, Inc. dated May 11,2011, and attached as Attachment Four C. Development Plan/Phasing Exhibit prepared by Kimley-Horn and Associates, Inc. dated May 11,2011 and attached as Attachment Five D. Development Plan/Existing Grading Exhibit prepared by Kimley-Horn and Associates, Inc. dated May 11, 2011and attached as Attachment Six E. Development Plan/Grading Exhibits prepared by Kimley-Horn and Associates, Inc. dated May 1 I, 2011 and attached as Attachment Seven F. Development Plan/Storm Sewer Exhibit prepared by Kimley-Hom and Associates, Inc. dated May 1 I, 201 land attached as Attachment Eight G. Development Plan/Water Utility Exhibit prepared by Kimley-Hom and Associates, Inc. dated May 11, 2011 and attached as Attachment Nine H. Development Plan/Sanitary Sewer Exhibit prepared by Kimley-Horn and Associates, Inc. dated May 11, 2011and attached as Attachment Ten I. Development Plan/Lighting Exhibit prepared by Kimley-Horn and Associates, Inc. dated May 11, 2011 and attached as Attachment Eleven 1. Development Plan/Landscaping Exhibit prepared by Kimley-Hom and Associates, Inc. dated May 1 I, 2011 and attached as Attachment Twelve K. Development Plan/Circulation Exhibit prepared by Kimley-Horn and Associates, Inc. dated May 11, 2011 and attached as Attachment Thirteen 3 387723 CLl. BR291-305 L. Major Access Routes -PUD prepared by Kimley-Hom and Associates, Inc. dated June 1, 201 land attached as Attachment Fourteen M. Shingle Creek Crossing Sign Program prepared by Architectural Consortium, LLC dated November 4, 2010 and attached as Attachment Fifteen N. Typical building elevations prepared by Architectural Consortium, LLC, dated April 6, 2011 and attached as Attachment Sixteen, along with other typical building elevations prepared by Architectural Consortium, LLC, dated May 13,2011 and attached as Attachment Sixteen O. Architectural design guidelines attached as Attachment Seventeen. The attached Development Plans are expressly made a part hereof. Except as authorized by the City in accordance with this Declaration, no buildings or structures other than those shown on Attachment Four through Seventeen may be erected or maintained on the Subject Property. 2. The approval of the PUD amendment authorizes the following variations from the requirements of the City Code applicable to the zoning classiiication C-2 uses on the Subject Property: A. The setbacks from property lines to parking lot pavement (greenstrip) is reduced from 15 feet to 5 feet in certain locations along Xerxes Ave. and Bass Lake Road, as shown on Attachment Four. B. The setbacks from public right of ways to buildings are reduced from 35 feet to 20 feet for Lots 7,8,9, 12, & 13, Block 1 and 18 feet for Lot 11, Block 1 to offset the dedication of additional right of way for the Twin Lake Regional Trail. 4 387723 eLL BR29 1-305 C. The setbacks from property lines for a side and rear yard setback are reduced from 10 feet to 6 feet for the east and south lot line of Lot 16, Block 1 and from 10 feet to 0 feet for the south lot line of Lot 3, Block 1. D. Required parking for a retail use is reduced from 5.5 spaces per 1000 square feet of gross floor area to 4.5 spaces per 1000 square feet of gross leasable area. E. Required parking for a restaurant use is reduced from one space per two seats and one space for each employee on a major shift to 10 parking stalls per 1,000 sq.ft. of gross leasable area of the restaurant use. Up to 20% of the gross leasable area in a multi-tenant retail building may be a restaurant use without such additional parking. F. The space between rows of 90 degree parking stalls is reduced from 63 feet to 60 feet and the space between rows of 60 degree parking is reduced from 57 feet to 52.5 feet. G. Two freestanding signs, each up to 350 sq.ft. in area, are allowed along Highway 100, two freestanding signs are allowed along Bass Lake Road up to 140 sq.ft. and two freestanding sign along Xerxes Ave. up to 140 sq.ft. is allowed as development identification signs as illustrated on Attachment Four and Fifteen. Four monument signs up to 140 sq.ft. are allowed along Bass Lake Road, and one monument sign up to 140 sq.ft. is allowed along Xerxes Ave. 3. Site plan details of the Development Plan on a lot may be amended by site plan approval by the City Council without a PUD amendment subject to the following limitations: 5 387723 eLL BR291-305 A. There is no change in the dimensions of the lot, as platted. B. Building square footage on the lot may decrease from the area listed on Attachment Four, but may not increase. C. Development meets the C-2 Commerce District setback standards or as allowed within this Declaration. D. Parking available on each lot for the use and structure on that lot meets the standard specified in paragraph 2. D & E. of this Declaration. E. Parking and traffic circulation on the lot is compatible with parking and circulation plans for adjacent lots within the Subject Property and there is no change to the Major Access Routes shown on Attachment Fourteen. F. The plan does not reduce the landscape points, determined in accordance with City policy, for that lot shown on Attachment Twelve. G. No other development that is inconsistent with the Development Plans is allowed without first securing approval of a PUD amendment or approval of a rezoning, that allows such development. 4. Land uses on the Subject Property shall be as regulated in the C-2 Commerce District, Central Commerce Overlay District and subject to the following additional limitations: A. A minimum of three Lots shall be developed for eating establishments. 387723 eLL BR291-305 Lots 6, 13, and 15, Block 1 may only be developed and used for eating establishments, without an amendment to this Declaration designating a different lot for development and use only as an eating establishment, which amendment may be approved by the City Council upon a 6 determination by the City Council that the alternative lot is an acceptable substitute and is consistent with the spirit and intent of the PUD. B. The following uses are not allowed either as permitted uses or special uses on the Subject Property: 387723 eLL BR291-305 1) Hospitals, medical and dental laboratories, and nursing care homes listed in Brooklyn Center City Code, Section 35-322.1.f. 2) Contractor/construction uses listed in Brooklyn Center City Code, Section 35-322.1.g. 3) Educational uses listed in Brooklyn Center City Code, Section 35- 322.1.h. 4) Places for religious assemblies such as chapels, churches, temples, mosques, and synagogues. 5) Funeral and crematory services. 6) Drop-in child care centers listed in Brooklyn Center City Code, Section 35-322.I.k. 7) Gasoline service stations. 8) The sale of motor vehicles. 9) The out-of-door display or sale of marine craft. 10) Transient lodging. 11) Animal hospitals. 12) Clubrooms and lodges. 13) School bus garage facilities. 14) Automobile and truck rental and leasing. 7 15) Group day care facilities. 16) Normal retail customer parking may occur during night time hours. However, transient overnight parking and/or overnight RV parking is not allowed. C. No uses inconsistent with this section may be established on the Subject Property without first securing approval of a PUD amendment or change in zoning allowing such use. 5. Lot 16, Block I on the Subject Property lies within the 100 year flood plain of the City and accordingly may not be filled or developed without providing approved compensating floodwater storage. 6. The Subject Property may only be developed and used in accordance with Paragraphs I through 5 of these Declarations unless the owner first secures approval by the City Council of an amendment to the planned unit development plan or a rezoning to a zonmg classification that permits such other development and use. 7. Except as provided herein, use of the Subject Property shall conform to the regulations of the City of Brooklyn Center applicable to C-2 (Commerce) District, the CC (Central Commerce Overlay District, and City Council Resolution No. 2011-85 adopted on June 13,2011. 8. The City of Brooklyn Center and SC LLC have agreed in connection with the amendment of the PUD that the entrance to Lot 2, Block 2 of the Subject Property from County Road 10/Bass Lake Road will be closed as soon as it may be done without violating lease rights of the tenant on Lot 2, Block 2, which SC LLC represents will occur no later than the end of the year 2024. Accordingly, at any time after 2024, or at such earlier date that SC LLC notifies the 8 387723 ell BR29J-305 City that such entrance may be closed, the City may close such entrance without violating the rights of, or creating any entitlement to compensation to, the owners of, or any other party with an interest in, the Subject Property. Thereafter, the owners of Lot 2, Block 2 will apply for site plan approval for any change to parking or traffic circulation required because of the closure of such entrance. 9. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarants, their successors and assigns, by the City acting through its City Council and by no other person or entity. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots within the Subject Property that is or are affected by said amendment. The City, acting through its City Council may release all or any portion of the Subject Property from any or all of the terms of this Declaration at any time. No persons or entities other than the City are intended beneficiaries of this Declaration and no such persons or entities shall have any rights to enforce this Declaration. 10. The City, by signature of its Mayor and City Manager on this Declaration, hereby releases the Subject Property from each of the terms of the 1999 Declaration and acknowledges and agrees that the 1999 Declaration is of no further force or effect with respect to all or any part of the Subject Property. SC LLC and the EDA, by their signatures below, hereby release any and all rights or interests they may have pursuant to the 1999 Declaration with respect to 'the Subject Property. 9 387723 eLL BR29J-305 IN WIlNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Dec1arants have hereunto set their hands and seals as of the day and year first above written. STATE OF TENNESSEE ) ) ss. COUNTY OF DICKSON ) SHINGLE CREEK, LLC By: Shingle Creek MM, Inc., a Delaware corporation. Its Managing Member Sole Regular Director The foregoing instrument was acknowledged before me on June 23, 2011, by Franklin C. Gatlin III, the Sole Regular Director of Shingle Creek ,nc., a Delaware corporation, the Managing Member of SHINGLE CREEK, LLC, a Delaw re Ii ited liability an , on behalf of said limited liability company. We My commission expires: September 24, 2013 387723v4 eLL BR29J-305 10 (SEAL) STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN ) ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKL YN CENTER :: .. By: cy:;~ U~£V~ Its President The foregoing instrument was acknowledged before me ~is aDt~ay of Ju nt , 2011, by -riM V~; \\SD(\ , the \"'res~den·-t-and C lim (\ i IA $" L. B b~4.ne~ , the E )£e(.l)tj\,Je Di (t'l:-\w-for and on behalf of the Economic Development Aut ority m and for the CIty of Brooklyn Center. SHARON L. KNUTSON Notary Public-Minnesota Commission Expires Jan 31,2015 387723 eLL BR291-305 NotaryP~ II APPROVED: CITY OF BROOKLYN CENTER ., ~_ )$7 By: d /4fl {~~J::~A.../ Tim Willson, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 6l0~ay of .::r tA. nP 2011, by Tim Willson and Cornelius L. Boganey, the Mayor and City Manager for the City of Brooklyn Center, a municipal corporation, on behalf of the corporation. SHARON L. KNUTSON) Notary Public-Minnesota My Commission Expires Jan 31, 2016 387723 eLL BR291-305 Notary Public 12 ATTACHMENT ONE SC LLC PROPERTY Lots 1 through 17, Block 1, Lot 2, Block 2 and Outlot A, Shingle Creek Crossing, Hennepin County, Minnesota 387723v4 eLL BR29J-305 ATTACHMENT TWO EDA PROPERTY Lot 1, Block 2, Smngle Creek Crossing, Hennepin County, Minnesota 3S7723v4 eLL BR291-305 i' ~. I"'PRovr~STOSu.MP"'Acnl'l"OTPARTOFnn5PIiONlO SHINGLE CREEK CROSSING BROOKLYN CENTER, MN MASTER PLAN MAY2011 GfD :J=~ GATLIN DEVELOPMENT COMPANY Kimley-Horn and Associates, Inc. In] !li>ulh~t.;ftS"<'r1 Oi<l ... .,.,T.nM ..... l1b5S TeI;MS.j.I(,.TIII.I F .... GIJ-I~6-1IaJ ATTACHMENT THREE e' H ~l "I Ij :1 ~ r i!" ::1 •• ~ I ;;1 ~ I ~!. § I .. if ,;, i! ~ I )I., ~ i § I ~ ; ~: ~ . ~ , ~ i ~ ~ "",-- ,,,-,,.- -' • Ito ow ; ! "111[ uNOIiu'O u.eh 'IUJL~MI'IIIIO UI[ .... "U"" . .,.. ...... 'OOULN. •• QlCI~lo:n~.'.u.OI .. UUtll.<:.1..S. SYMBOL LEGEND: ;:: -.:--: ..... = c=::::J IL~')':~~;h~l "lICIP[lIrrl~ '1ICPil!nI1,DIT PU.£ (~11 LQIn~(; Pl.AII roll nllVllt Llctt4:1) I'Im~O nu~IlbAH-Ll.vtI. ~""'1IHI;i 1:Kl: LOtmc PI..lH fOil 'OXUT'll[ "'WoOl CARlt;OIt.llJ.l. ''''''.j ~[[. 5I-«TIIQU. "ATtIIHAl\I'lI[/SIOIIII""I't'.11 'lRtATWtw,AIIII:" PIIoPOS(Oc:oNC1I[lt I!llallhHffii!1 ~05aI"'1U"~1R"\. SIGN LEGEND: M IICfNIoIDlT:ilCJI P I'1\ON$ICH FP iii il~ i: ~' j ~ ~E ~l L /' il .. ~~ ". .l1 ~ it;h ~j !!'A h!~~1 ~Im II!!' ~n IS i ~ § ~ ci ~ J. ; ! en Zt--.....:)0;0 ~o..I"'" ~I-Xu. ~~~~ U::<<(t--ZQ....JUJ O°"-W U-JW:Z: wt--en >-w'" o (!) ZZ Vi:;'!; Cf)-On: n:W (.)1-~z LULU LU(.) n:Z (.)~ LU~ -'0 ~~ ~ :c CO i? Cf) ';! ~ 05/11/20\1 ~ l~~JJ~~~ 01 ATTACHMENT FOUR Walmart~::: STDREIfl.SS25.00 C·1BOoSGL.NO 181,943 B.P.(APPRQX.) r~~t~~sIIS~E~~= :R~~:;~;E~~ "EOl.IIIED,OMO[ srT 10ElASl ElLVJl.l'ONj ~~~T~~~l~N BE OISTURBE"O OUl~ING 02 ATTACHMENT FIVE NhN(SOTA i 1 ; iI I ~ ~ 8 = CONCEPTUAL DEVELOPMENT PLANS EXISTING GRADING EXHIBIT SHEET 30F 10 .,~<:' , -L .. " u.,) ACREAGE SUMMAR'!' -PHASE II (rol<t~r~II.l.t:tt.rpw..I:DV"'(IIUI" lQT...,.'IIG./tCI.t.II(A ~'~I1' 1)~I\Ift[()JI['" O'f'-S'ItDCSI\.RB'tIIAIIEA TOTl.I.OCSlUlliltOM[.l{\IUClIoII.It>INCII) IILII(AI'lllU5 U[ .... , UIW'\.(lIt1'1 --------P(II'(QI5,SUtJ[O.lJl(''''C01C'1.t_ SITE FEA ruRES ~ cmtth~rTOYDIU.l/Ono. -+-UIoIl5crcur .... U~,~_'''s~ ~R~05(D UII'ISOI OLSlVAI'lUItt ~ .----!::: III ~lu:colO'lt.(pM;nNO.l'O"'O"~(' WI ZX ...J:'SUJ o ~ 1\0:0 rOllf At (rUIn NO, 2101~'m'lUI c:(a..(!)"<"" =>I-Zu.. (DS'lUrOSIOltIl~-vr. lOKi(1oIO'ttD f-ZOO [IbSlUIGStollllstll1l1,IOIltIl-'<llo D.W<C"\f [:(;;;:;;::::1 UJ~O:f-~o..C,!)W P.tol>CRD'~St'/lOl oOa W EROSION DETAILS ()U:~t5 c;;::::E::::) § swrv. _111'lI0II SICH'~ DC' .... 5I<{" 60n~ Gj~ Cl O 8.UlUllltL'I'IIOn:C'TItINItO:lltll'ctlNTIIIO\. 0: (stCOtT~SM:II~)gJ fJ 8 OJUDo\Jr~!(ellCH$tOOI.I£JIrCCIIIIICII. a. (5((WI .... ~~T6Ol1) @ IItUOIlWloIIllllolZlf'IIOTlChCl"'SCOI>/tNTQlOITIlo.. <!l ~ I$[(OlIlLSI'tU«I2t) 0 @ nrf("'Dn:ClDolrDrQ!:IS[(oct.lol~SI<I:(I'D19) zz ~ ® ='m~:J.t~::~!f~PlW (j):2 f en -~ _@Ca.5nrvcDO>ltlll'I'trOETu..~'I!~ro) otr trW .,.-. ~ .. -@ g=ts°:Jt'!t~~U .. ~t\Cb~~k~ACJQ ul- IOAJt'r sur 1I'OIIiC. O!VtR"I)'IIOat ;,,::Z n=~i,&c~5=,Wc~O .. ~=,[t<Cm WW e ~at".'Slg;1lD<,"",pI:ucou .. 't'H(cr.o. lJ.Ju tr Z e u~ _ '''-8 PAOPQW II'[JIo::"CI'It.m SI~' me[ W;,,:: -'0 ~9 "HoCOI!:J"vc:to<l~&JflC""\J\I <!lo ~ --o-@ ~tr :cal ~ ~~ 9 f\.O.'DoC SI~' I;UIIrMi en bftlliil I'[IIIIA~[lI' S[tD~CfI,:CO'.llC "" ~9[11~c.ollll"-k"""K[t 05/11/2011 P~o..tC:T 110. @ rtll:>QIIUY VD~p<r .'SlN 1606J3OO1 A @ e SI0~WWlltlllU.ll·COI(1I1 rAcurr 04 ATTACHMENT SEVEN i ! STORL!CE<PTDR -~- ATTACH MENTEIGHT X" ~FI-: :=H EklSToNG W"TEA PIPE PACl"OSED POTABlE WATER PIPE CAI[ YALVE 1111 VAl¥[ BOX {I.IU5T DE I<lO TRm/CiI..tTEOINP/IYEI.I£NTAJiEAS) FIRE I-IYDR.vITllIlH DOL.LARtl PROTECTlON ElUSnHG II_INCH WATER I..tIf. PROPOUU lC_~CH WATER WlE DISTlKOFIlt!HVOI'IANT PROPOSEOFIRI!If'I'DRAHT PUO BOtlNDAR'i' ATTACHMENT NINE 06 [KISTING SANITARY S(W[R PIP( ---.r------PRO",OSED SANITARY S[II'CR PIPE --j .;~-" --PROPOSEO SANITARY SE\~R FORCE MAIN £XISTI.'.!C )(-'t.K:H SMllTAAY SEI'/f.R lll,l( __ .:.~ ___ :::P::::~::':CII SAI,IITARY S£I'~R L~ 'ALL SANITARY SE:\VER AND STRUCTURES loRE PRIVATE UNLESS NOlEO OTHER'h1SE ATT ACHMENT TEN 07 ~ I :"'3 ~ i q 8 I , q H ~ i ~ . ~ f ~ , ~ i ~l ~ I P ~ : ~ i n ii Ii . : a: ~: ~ 1 H 5 I a i ~ i ~ : ~i III olL. __ _ --- os- ,i ---~-~,,~~==~~~~-~~~~--~~~~~;'COUNTY ~;;~~~~~;~~:i~-~~~-=~~~~~~~~~~~~) _______ 0;;;;;.:;;.,: 'co CI ~ '" '" pot •• UII;J'u [,r1l·"KI?CI-pS'Iv·r ,/. 1-r'¥' ·······-T'"~ 1"-r·· .. I:::· Iltr ... ,-,~, .". ,~ .... --.-., """'" ",,." q. ~:'V!;JiijKi I<R pot •• ~/ ~:~~~:E~LE. .-................ ~/ .... _.::--5 FC (FOOT CANDLES) ~LI~::E& .... '/" ,'" ' '\ ....,......-JFC ......... ;' \-1~1FC 10FC(FOOTCANDlEI ,.../ l r ; r 6FC ".",.... \ . .' r a . Fe • / \~// ~1FC /'./ ,,~ ,/'." PARKING LOT LIGHTING PEDESTRIAN TRAIL LlGHITNG PHOTOMETRIC NOTES: .... c,o,sT IIlPV.CECClI.'CAIOI'E OA'5ES \\Iu.. O£ US~D~C1" UOHTPOl!;l\A.$ErOUt.'t1Anot.'S PCl.EIIA~EDE!lGto!I~LBEPAOVIDEDA' EJ::IIUf'fRItIlPI!IUllnr';OSIIoOE. H AeFER10AACH.PI..AII'llFOR:tItElrG.nh.G HKTR.CIU.Pl.oI.IL c. l"Hlfll\'UAESSW.o.:.L~;:"·8,1.lW;lr.J=- ATTACHMENT ELEVEN III .!! ~ t-~i' t· .; ". hi! ~"§ e~!i i:Jlm II!i! ~l ----r.r- ~ W ::;; 0.. f-o COO -' -~ g!(I,)~LL WZ wO CiS(!)co ~Q.~tii ::> f-W f-::C::C 0.. (!)({) ~ :J z o u (9 ~ zz ~ us:a: ~ C/) -• 00:: o::LlJ ()I-:><:Z ttl~ o::Z ()r -' w:><: -'0 (90 i Zo:: :em C/) Ii! ~ 05/11/2011 raOJtcr NO. 160633001 ~ 08 ; I • PRELIMINARY PLANT SCHEDULE SYMBOL -~ ( . ) '---' OVERSTORY DECIOUOUS o ORIIAMEIlTAL DeCIDUOUS EVfRGRfEN ~ ~ OTY I SHRUBI PERErlNIAL <:: C COMMON NAME SWAMP WHITEOAK COMMON HACKBERRY ACCOLADE ELM AU ruMN BlAZE IMPlE QUAJ(INGASPEtI BIRCH (SrNGLESTEM&CLUIllp) IVOR-V5ILKUlAC CRAB,a,PPLE BLACK HILLS SPRUCE REO PINE AUSTRIAN pme vraURNUM DWARF BUSH HOUEVSUCKLE OOGWOOO LIlAC SPIR£..\ DAYLILY KARL FOERSTER BlACK-EYED SUSAN EXIST,"a TREES (TO REMAINI SIZE 2" CAL. 2.~·CAl. 2.5" CAL. '" '" '" '" S'HT S'HT ROOT B&. B.B CONT. CONT. CONT. CONT. .&. B&. CONT. COIIT. CONT. ATTACHMENT TWELVE !z w :;;; t:: "-lila o :C,-~ Xu. >(I)WO WZWm °5"->-..Ja.(3w ~ ~~ h: zen l':j 5 z o (J (!) ZZ iii:;; (/). or<:: r<::W Uf-~Z WW WU r<::Z u~ W~ -'0 ~~ ~ :c CO ~ (/) !I! ~ O~/I\/2011 ~ 160S33OO1 ~ 09 HATCH LEGEND: c::=::J c:=:J l·h;"·:·""~;'1 c::=::J CAA9AC£ TRUI::~ ROUTE (I.IAt;[HU INDICATES TRUCK Boovl wa-~o TRuex ROUTe .... Il-Ill TRUCK ROUn: PAVEMENT HATCH LEGEND: ~ PRW'OSCO IICAY"I' OUrvA!>PIiALT ~ PROI'os(O~"'VYDUTYCONCRCT( ATTACHMENT THIRTEEN ,;f{---YS ~:. SYMBOL LEGEND :.--: :~:::.:.~ "''''JOR VEHICULAR 1-' . .p-...... I REGIONAL TRAIL ACCESS ROUTES . • PEOESTRIAN CONNECTIONS '.\ '. ATTACHMENT FOURTEEN .) SHINGLE CREEK CROSSING SIGN PROGRAM A. INTRODUCTION The intent of this sign criteria is to provide the guidelines necessary to achieve a visually coordinated. balanced and appealing sign environment, harmonious with the architecture of the project, while maintaining provisions for individual graphic expression. Submittal drawlng(s) to indicate accurately scaled signage on the elevation shall be required. Performance of this sign criteria shall be rigorously enforced and any nonconforming sign shall be removed by the tenant or his sign contractor at their expense. upon demand by the landlord. Exceptions to these standards shall not be permitted without approval from the landlord and will require approval of a modification to the sign program application by the City. Accordingly, the landlord will retain full rights of approval for any sign used in the center. No sign shall be installed without the written landlord approval and the required City permits. B. GENERAL LANDLORD/TENANT REQUIREMENTS: 1. Each Tenant shall submit to tandtord lor written approval. three (3) copies of the detailed shop drawings of the proposed sign. indicating conformance with the sign criteria herein outlined. 2. The landlord shall delermlne and approve Ihe availability and position of a Tenant name on any ground sign(s). 3. The Tenant shall pay for all signs, related materials and Installation fees including nnallnspectlon costs. 4. The Tenant shatl obtain all necessary permits. 5. The Tenant shall be responsible for fulfillment of atl requirements of this sign criteria. 6. It is the responsibility of the Tenant's sign company to verily all conduit and transformer locations and service access prior to fabrication. 7. Should a sign be removed. it is the Tenant's responsibility to patch all holes, paint surface to match the existing color, and restore sulface to original condition. ARCHITECTURAL GfD CONSORTIUM L.L.C. SHINGLE CREEK CROSSING SIGN CRITERIA .. b 90\ Norlh 3rd Slt~~l v.....-.ea:>oIls. WJ>l 55401 612-43G-'103D FIIJI612-692·9960 GAnIN DEVELOPMENT COMPANY BROOKLYN CENTER, MN - SCALE: N.T.S. SC-1.1 ArchltOCIUfliIConsotllum,L.l.C.2Q10 ATTACHMENT FIFTEEN SHINGLE CREEK CROSSING SIGN PROGRAM C. GENERAL SIGN CONSTRUCTION REQUIREMENT: 1. All signs and their installation shall comply with all tocal building and electrical codes. 2. All electrical signs will be fabricated by a U.L. approved sign company. according to U.L. specifications and bear U.L. Label. 3. Sign company to be fully licensed with the City and State and shall provide proof of full Workman's Compensation and ganaralliability Insurance. 4. All penetrations of building exterior surfaces are to be sealed, waterproof, and In color & finish to match existing exterior. 5. Internal illumination to be 30 milliamp neon, fluorescent tube or LED for storefront elevations and #3500 while neon or LED halo for freeway elevations. Installed and labeled in accordance with the "Nalional Board of Fire Underwriters Specifications". 6. Painted surfaces must have an acrylic polyurethane finish or baked-on finish. 7. Logo and letter heights shall be as specified and shall be determined by measuring the normal capital letter of a type font exclusive of swashes,8scenders and descenders. See diagram on following page. 8. All sign fabrication work shall be of excellent quality. All logo images and Iype-styles shall be accurately reproduced. 9. All lighting must match the exact specification of the approved working drawings. NO EXPOSED CONDUITS OR RACE WAYS WILL BE ALLOWED. 10. Signs must be made of durable rust -Inhibited materials that are appropriate and complimentary to the building. 11. Color coatings shall exactly match the colors specified on the approved plans. 12. Joining of materials le.g .. seamsj shall be finished in such a way as to be unnoticeable. Visible welds shall be continuous and ground smooth. Rlvets,screws, and olher fasteners that extend to visible surfaces shall be nush, filled. and finished so as to be unnoticeable. 13. Finished surfaces of metal sholl be free from canning and warping. All sign finishes shall be free from dust, orange peel, drips, and runs and shall have aunlform surface conforming to the highest slandards of the industry. 14. In no case shall any manufaclurer's label be visible from the street from normal viewing angles. 15. Exposed raceways and conduit are not permitted unless they are Incorporated into the overall sign design. 16. Exposed junction boxes, lamps. tubing or neon crossovers of any type are not permilled. ARCHITECTURAL GfD SHINGLE CREEK CROSSING SIGN CRITERIA oStutDO"'· I~'O''''_' CONSORTIUM L.L.C. OOlNOIll'l3rdSlrUI MiM~apDIIs. M~ 55401 61204JQ...o:OJO FilIl612-1192·;goo GATliN DEVELOPMENT COMPANY BROOKLYN CENTER, MN SCALE: N.T.S. SC-1.2 Archl1cclural Cortsonlum, L.L.C. 2010 SHINGLE CREEK CROSSING SIGN PROGRAM D. SHOP TENANTS SIGNAGE SPECIFICATIONS: The intent of this criteria is 10 encourage creativity to ensure the individuality of each tenant sign as opposed to similar sign design. construction, and colors repeated throughout the project. Signs must be architecturally compatible with the en1ire center. The following types of construction will be allowed: Acrylic face channel leUers Through face and halo channel letters Reverse pan channel leUers Skeleton neon behind flat cut out shapes and letters. Open pan channelleUers (Only In an artistic letter style I font) Push Ihru letters and log05 in aluminum cabinets Flat cut out dimensional shapes and accents Metal screen mesh accents Exposed skeleton neon accents The idea of using dissimilar materials and creaUng signs with varying colors, layers and textures will creale an exciUng and appealing relall environment. In order to allow creativity and artistic designs, ascending and descending shapes will be allowed to extend up to 25% beyond the envelope limits provided that the overall allocated square footage Is not exceeded. In other words, these areas have to be calculated individually. Ascender. (The part of the lowercase letters, such as b, d, and h. Ihat extends above Lhe other lowercase letters). Descender: (The part of the lowercase letters, such as g, p, and q, that extends below the other lowercase letters). ARCHITECTURAL CfD CONSORTIUM L.L.C. SHINGLE CREEK CROSSING SIGN CRITERIA GAnIN DEVELOPMENT COMPANY BROOKLYN CENTER, MN SCALE: N.T.S. SC-1,3 I . L.L.C. 2010 SHINGLE CREEK CROSSING SIGN PROGRAM E. PROHIBITED SIGNS: 1. Signs constituting a Traffic Hazard No person shall Install or maintain. or cause to be Installed or maintained. any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of the words "STOP". "LOOK". "DANGER" or any words. phrases, symbols, or characters In such a manner as to interfere with, mislead or confuse traffic. 2. Signs In Proximity to Utility lines: Signs which have less horizontal or vertical clearance from authorized communication or energized electrical power lines that are prescribed by the applclable laws and or code are prohibited. 3. Painted letters will not be permitted. 4. Wall signs may not proiect above the top of a parapet. the roof line at the wall. or roof line. 5. There shall be no signs that are flashing. moving or audible. 6. No sign shall project above or below the sign'able area. The sign-able area is dell ned in the altached Exhibit for major and shop tenants. 7. Vehicle Signs: Signs on or affixed to trucks. automobiles, trailers, or other vehicles which are used to advertise, identify. or provide direction to a use or activity not related to its lawful activity are prohibited. B. Light Bulb Strings: External displays. other than temporary decorative holiday lighting which consists of unshielded light bulbs are prohibited. An exception hereto may be granted upon review and at the sale discretion of the Landlord. 9. Banners. Pennants & Balloons Used for Advertising Purposes: Temporary flags, banners, or pennants, or a combination of same constituting an architectural feature which is an integra! part of the design character of a praieet may be permitled subject to Municipal Code requirements. landlord's. and City approval. IO.Blliboard Signs are not permitted. 11. The use of permanent "sale" sign Is prohibited. The temporary use of these signs are limited to a thirty-day period and is restricted to signs affixed to the Interior 01 windows which do not occupy more that 20% of the window area. Each business is permitted a total of not more than ninety (90) days of temporary window sale signs per calendar year. 12. No cabinet construction only allowed. F. ABANDONMENT OF SIGNS: Any tenant Sign left after thirty (30) days fram vacating premises shall become the property of Landlord. G. INSPECTION: Landlord reserves the right to hire an Independenl electrical engineer at the Tenant's sale expense to inspect the Installation of all Tenant's signs. ARCHITECTURAL GfD SHINGLE CREEK CROSSING SIGN CRITERIA CONSORTIUM L.L.C. 901 Ngrlh3rdS!fll8l GATIIN DEVELOIMOO COMPANY BROOKLYN CENTER. MN SCALE: N.T.S. SC-1.4 ArchitoclUral Consonlum, L.L.C. 2010 SHINGLE CREEK CROSSING SIGN PROGRAM SECTION A NEW SINGLE FACED INTERNALLY ILLUMINA.TED LEXAN FACED CHANNEL LETTER DISPLAY USE STANDARD ALUMINUM CONSTRUCTION WITH MATHEWS (OR EQUIVALENn SEMI GLOSS ACRYLIC POL VURETHANE fiNISH, FACES USE TRANSLUCENT LEXAN WITH 314" TRIM CAP. IllUMINATE WITH 30 rna NEON OR LED LAMPING WHERE APPROPRIATE. PAINT RETURNS SECTIONS NEW SINGLE FACED ILLUMINATED WALL DISPLAY USE FLAT CUT QUT 0.090 ALUMINUM GRAPHICS WITH NEON OR LED AS APPROPRIATE BEHIND. PAINT ALUMINUM MATIHEWS (OR eQUIVALENT) SEMI GLOSS ACRYLIC POLYURETHANE,USE NEON WITH PK TYPE HOUSINGS. SECTIONC NEW SINGLE FACED INTERNALLY IllUMINATED LEXAN FACED CHANNEL LETTER DISPLAY WITH THROUGH FACE AND HALO ILLUMINATION. USE STANDARD ALUMINUM CONSTRUCTION WITH MATTHEWS (OR EQUIVALENT) SEMI GLOSS ACRYLIC POLYURETHANE FINISH, FACES USE LEXAN WITH 3/4" TRIM CAP, ILLUMINATE WITH 30 rna NEON OR LED WHERE APPROPRIATE THROUGH FACE AND HALO, PAINT RETURNS SECTIOND NEW SINGLE FACED INTERNALLY ILLUMINAUD ALUMINUM FACED CHANNEL LETTER DISPLAY WITH THROUGH FACE AND HALO ILLUMINATION. USE STANDARD ALUMINUM CONSTRUCTION WITH MATTHEWS (OR EaUIVALENT) SEMi GLOSS ACRYLIC POLYURETHANE FINISH. ROUTE OUT WHERE GRAPHICS OCCUR AND BACK UP WITH LEXAN, IL.LUMINATE WITH 30 ma NEON OR LED WHERE APPROPRIATE THROUGH FACE AND HALO. PAINT ALUMINUM FACE AND RETURNS. SECTION E SAME AS "D" EXCEPT ROUTE OUT WHERE GRAPHICS OCCUR AND PUSH THROUGH 1/2~ CLEAR PLEX Willi APPLIED VINYL OVERLAYS. SECTION F NEW SINGLE FACED INTERNALLY ILLUMINATED ACRYLIC FACED CHANNEL LInER DISPLAY USE STANDARD ALUMINUM CONSTRUCTION WITH MATTHEWS (OR EQUIVALENT) SEMI GLOSS ACRYLIC POL. YURETHANE FINISH OR BAKED'ON RNISH, FACES USE TRANSLUCENT ACRYLIC WITH 3/4" TRIM CAP,ILLUMINATEWITH CWHO FLUORESCENT TUBES OR LED, PAINT RETURNS SECTION G NEW SINGLE FACED NON-ILLUMINATED WAL.L DISPLAY USE PLASTIC FORMED GRAPHICS, FLUSH MOUNTED --WI To.r U "",.rwrD 11.'11) Ir'~ UI lun ttJV.N FA~J~~mt~t LETf(1U n·uouOQI .. surAUD ''''1(UIOU1 .. 1I"" .... II~i,~:,:I\~:~ .... C.SIIflOI.,.'HION51I1itD5 ~\fo~~J~~:rflY TUNS'O.MfR DISCOHN[C15wnC'1 (OIlDUIl'WIGTOIlI~ID( SIGItTU II UI U'PROVIO "'O.IUIA I"n (XPOSfDmot'(I..mI AUMNU\\'ACI <MRl/ITS 5"HIOII[~"JI'I'I:(lYIOAllf)tf'~UIIA!1I 8EVIRS( PAN CHMlH[lS THI10UGH FA.CE AND HAlO IUUr.uN&lIOH PUSH THItOUGH GllAI'rilCS .HCHO' aI)UI.uc~fT·~I~1 m l5sv.~\1tI10tOIUllsnIUIOH P""jtli'iG6J:~I~'~ IOt .. 'roeO ...... \ IU10USCllitluDIIIC."..oU>III0 'CII\ItSIClNr.tt-f~~~s'to~~~,'A~:'&.C~I~\1 IlUO~I~(!II'IIGIII"""Sl hUCOIIOUIISM"IfO 'V"hSlflOUSIOIIS,.,O'. IHlnUA.S1UUIOIHIOUOH .. HOC"'UIItIDln~IIUISl"'IL1I '.'WIO'IUM "(I. IS~':I~~~:I~~~~: ,., l;ro~;,Wt',~l~~~·g~.~~~m"~KWI. !IGUTOA:I/I.UI9OY[O&nOI'.~\lI""!1L "(TI2N' w.:mr,e.c:mowlHrLU"TlEJ1:5 ®",SC... 5IGh"0111Jl"""O'Jto .... OIlIlJ:UI!.l~n 1I~'" 'ACE ,6. ... 01110.1.0 llUIMI.':'.llllcrO ... .ul) OI'IIUllD>lOU 1111(0 A~J:~I~~RJf~~~ur£:~ Oh.~HIC5 wr"tlCOII,aDHI5r,'r rr'.3/U·I"',.D[OSIUQ S,.H 10 II U~ &P/'I:O'{lo .l,1f) tl •• 1.1'. IA~II PLAS'l~~ci~rol1'h\~HIa; ARCHITECTURAL CfD SHINGLE CREEK CROSSING SIGN CRITERIA I'-""~'" CONSORTIUM L,L,C, 901 Nor1h3rdSlreel M!~ne;lpDiJ.MN55401 612-436-4030 Fa>t612-G92·99S0 GATlIN DEVELOPMENT COMPANY BROOKLYN CENTER, MN CI.C<lI,,-", SCALE: N.T.S. SC-1,5 Arr:hi"'tlural ConsoI11L!m.1...1..,C. 2010 ARCHITECTURAL CONSORTIUM L.L.C. 901 NorLh3rdSLreel lIiMeBPOUI.Mi>lSSoIDI 612",,3&040JO fa. 612·692-9950 ~ SHINGLE CREEK CROSSING GAnIN DEVElOPMENT COMPANY BROOKLYN CENTER. MN o NORTH SCALE: N.T.S. SITE SIGNAGE EXHIBIT I"~""~'" CtlEat ... " SE1.1 ArchiloClUIIIIConllor1ium.L.l.C.2nlO ARCHITECTURAL CONSORTIUM LLC. 001~ctlh3rdSlloel • tAN 55401 612-436-4030 Fax 612-692·9QOO b -' ;; 19'-0" TENANT TENANT TENANT BLUE PREFIN. METAL FIN 15'-0· PAD MONUMENT 516N IWTERIClR ILLlIMINA TED 516N PANEl.- TWo-SIDED - IE) SF Sl6N AREA 5-" ""'~=~~~"'!I-~-INTERIOR ILLIMINATED NOTE: CORPORA 1E LOGO /GRAPHIC.S AlLOJo'oED UPON REVIElI'l AND APPROVAL FROM lANDLORD N TENANT' TENANT TENANT MAJOR fREE~AY PYLON 516N CfD GATIlN DEVElOPMENT COMPANY 51&N PANELS - 'MO-SIDED - 912 SF 51GoN AREA ~--1~ ~::~~;:~:~ INTERIOR ILl.1JH1NATED SHINGLE CREEK CROSSING BROOKLYN CENTER, MN MAJOR PYLON 516N SIGN PANELS - mD-SIDED - 140 SF SI6N AREA SITE SIGNAGE EXHIBIT SCALE: 1/8" ~ 1'-0" SE1,2 ArchUoclurai ConsDnlum, LLC. 2010 ARCHITECTURAL CONSORTIUM L.L.C. 612-436-4030 F81l!312-692·9900 MAJOR FREE~AY PYLON SIGN rfD GATIIN DEVELOPMENT COMPANY PAD MONUMENT SIGN = ~ ..... 1],,.,.. t_·1 ~ TENANT ~ TENANT TENANT TENANT TENANT TENANT TENANT TENANT - MAJOR PYLON SIGN -. ~ SHINGLE CREEK CROSSING SITE SIGNAGE RENDERING SCALE: N.T.S. BROOKLYN CENTER, MN SE1.3 Arch1!eclufO)l Consortium. L..t.C. MAXIMUM 90% Ul 1 OF ADJACENT SURFACE LENGTH 1 1-1-00 I ZI W ~~~~r' r------------------------------------, ~~;~ i ANCHOR TENANT i ,,-«cow I I ~~~~L------------------------------------J ;;:;:::~ ~ [2 00 t ANCHOR TENANTS (OVER 90,000 SQUARE FEET) ~ MAXIMIUM 90% I-I-~ r OF ADJACENT SURFACE LENGTH---t ill i3 . ~ I nUl [~~~~~~~~~~~~~J ~g;o~ 0 00 I r--~ ANCHOR TENANT SIGN EXAMPLE ARCHITECTURAL CONSORTIUM L.L.C. GfD SHINGLE CREEK CROSSING 901 NortnlldSIr~cl MlMeaPOlI5.MN5S401 612-436-4030 FuS1Z-692·9960 GATIIN DEVELOPMENT COMPANY BROOKLYN CENTER. MN SIZE: 1.5 SQUARE FOOT OF SIGN AREA PER LINEAR FOOT OF LEASeD PREMISES. MAXIMUM OF 750 SQUARE FEET TOTAL PER ELEVATION. MATERIALS: VARIETY OF lYPES PER SIGN CRITERIA, SINGLE TYPE OF CONSTRUCTION ALLOWED ILLUMINATION: YES COPY: TENANT NAME AND OR LOGO HEIGHT: SEVENTY PERCENT OF ADJACENT SURFACE LENGTH: NINElY PERCENT OF ADJACENT SURFACE TYPEFACE: CUSTOM LOGO AND TYPE OK COLOR: CUSTOM COLORS OK SECONDARY SIGNS: YES (NOT TO eXCEED 25% OF TOTAL ALLOWABLE SIGN AREA) ONLY ~OR SERVICES I DEPARTMENTS ALLOWED. NO ADVERTISING OR SLOGANS TYPE AND LOCI\TION: AS SHOWN ON AITACHED ELEVATIONS SECONDARY SIGN EXAMPLE ANCHOR TENANT BUILDING SIGNAGE SCALE: N.T.S. I:~:~:~" . SE2.1 tvchi!eclut<ll Consortium. L.L.C. 2010 ARCHITECTURAL CONSORTIUM L.L.C. 901 Nc:r1h3rdS'fllCI lI;uMlepolis.MN5s.l01 612-436..qOJO Fa. 612-692-9950 SIGN D CfD GAnJN DEVELOPMENT COMPANY A. B. C. D. E. F. G. Sign Walmart Market & Pharma cy Home & Living Outdoor Living Pharmacy Drive-Thru Enter Exit Qty 2 1 1 1 1 1 1 SHINGLE CREEK CROSSING BROOKLYN CENTER. MN Color Height Illumination Sq Ft Total Sq Ft WhiteNellow 5'·6" Internal 298.00 596.00 White 2'-0" N/A 65.65 65.65 White 2'·0" N/A 46.47 46.47 White 2'·0" N/A 49.43 49.43 White 1'-6" N/A 39.88 39.88 White 1'-0' N/A 3.23 3.23 White 1'-0" N/A 2.34 234 Total Bulldmg Slgnage: B03.00 ANCHOR TENANT BUILDING SIGNAGE SCALE: N.T.S. SE2.2 Archllec.ural ConsorUum, L.L.C. 2010 , MAXIMUM 70% , ~ ~ ~ 1 OF ADJACENT SURFACE LENGTH 1 i!!( ~~r i----NfAJO-R--YENANy-----i LL<{WW I I ~~~o L ____________________________________ ~ ~ ~ i MAJOR TENANTS (OVER 10,000 -89,999 SQUARE FEET) MAXIMIUM 70% ~ '"" ~ r OF ADJACENT SURFACE LENGTH ---t W 1'5 . ~ I nUl [~~~~~~~~~~~~~~~~J ~§5o~ 0 00 :r: ..... ~ MAJOR TENANT SIGN EXAMPLE TYPICAL MAJOR TENANT ELEVATION SCALE: 1/16" = 1 '-0" ARCHITECTURAL CONSORTIUM L.L.C. D01NOI1h3rdStrCCI 1JI....,t8pDl~.MNS5401 612";3~030 FiLl( GI2-6~2-!1~1iO rfD SHINGLE CREEK CROSSING GATUN DEVELOPMENT COMPANI' BROOKLYN CENTER. MN SIZE: 1.5 saUARE FOOT OF SIGN AREA PER LINEAR FOOT OF LEASEi:O PREMISES. MAXIMUM OF 350 SQUARE FEET TOTAL PER ELEVATION. ~ VARIETY OF TYPES PER SIGN CRITERIA, SINGLE TYPE OF CONSTRUCTION ALLOWED ILLUMINATION: YES COPY: TENANT NAME AND OR LOGO HEIGHT: SEVENTY PERCENT OF ADJACENT SURFACE LENGTH: SEVENlY PERCENT OF ADJACENT SURFACE TYPEFACE: CUSTOM LOGO AND TYPE OK COLOR: CUSTOM COLORS OK SECONDARY SIGNS: YES (NOT TO EXCEED 25% OF TOTAL ALLOWABLE SIGN AREA} SECONDARY SIGN EXAMPLE MAJOR TENANT BUILDING SIGNAGE SCALE: AS NOTED .. loInIo o.r.~" I'_'''U~ SE3.1 Arc;hlloclural Consortium.l.L.C. 2010 , MAXIMUM 70% Ui 1 OF ADJACENT SURFACE LENGTH ~!i: ~ !II II [~~~~~~~~~!--i~~~~!~~~~~~] ~~ :c ~ TYPICAL SHOP TENANT ELEVATION ARCHITECTURAL CONSORTIUM L.L.C. 901NDrlh3rdSUl!el ',lInnelpola.MN55401 612-4J6..1l030 FIX 612-692·9960 SHOP TENANTS (UP TO 10,000 SQUARE FEET) 'NOTE: ONE SIGN PER TENANT PER ELEVATION SCALE: 1116" = 1'-0" GfD SHINGLE CREEK CROSSING GAnIN DEVEWPMENT COMPANY BROOKLYN CENTER, MN SIZE: FRONT ELEVATION: 1.5 SaUARE FOOT OF SIGN AREA PER LINEAR FOOT OF LEASED PREMISES, MAXIMUM OF 150 SQUARE FEET TOTAL. REAR ELEVATION: 75% OF ALLOWABLE FRONT ELEVATION SIGNAGE. VARIETY OF TYPES PER SIGN CRITERIA ILLUMINATION: YES COPY: TENANT NAME AND OR LOGO HEIGHT: SIXTYFIVE PERCENT OF ADJACENT SURFACE LENGTH: SEVENTY PERCENT OF ADJACENT SURFACE TYPEFACE: CUSTOM LOGO I\ND TYPE OK COLOR: CUSTOM COLORS OK SECONDARY SIGNS: NO SHOP TENANT BUILDING SIGNAGE SCALE: AS NOTED SE4,1 ArchUceMaICon,onlum, L.L.C. 2010 MAXIMUM 70% en 1 OF ADJACENT SURFACE LENGTH l' ~~ ff3 i!:[ ~~ i----PA-O---YENANY-----l ~~vw I I ~ ~ gs U L _______________________________ J ~~ :t ~ "NOTE: TYP. ONE SIGN MAX. PER ELEVATION FOR SINGLE USER. OTHERS UPON REVIEW AND APPROVAL BY LANDLORD TYPICAL SIGN EXAMPLE CfD GATIIN DEVELOPMENT COMPANY SHINGLE CREEK CROSSING BROOKLYN CENTER. MN SIZE: 1.5 SQUARE FOOT OF SIGN AREA PER LINEAR FOOT OF LEASED PREMISES, MAXIMUM OF 250 SQUARE FEET TOTAL PER ELEVATION. MATERIALS: VARIETY OF TYPES PER SIGN CRITERIA, SINGLE TYPE OF CONSTRUCTION REQUIRED. ILLUMINATION: YES COPY: TENANT NAME AND OR lOGO HEIGHT: SIXTY FIVE PERCENT OF ADJACENT SURFACE LENGTH: SEVENlY PERCENT OF ADJACENT SURFAce ~ CUSTOM LOGO AND lYPE OK £QhQ&. CUSTOM COLORS OK SECONDARY SIGNS: NO TYPICAL SIGN EXAMPLE PAD TENANT BUILDING SIGNAGE SCALE: AS NOTED SE5.1 [, 8 =XI~TINS NORTH ELEV"UON o PROPOSED NORTH eLE'/ATlON ' ....... r.., ATTACHMENT SIXTEEN RCHITECTURAL I' ONSORTIUM L .•. C., I COMPANY: I, [--------1 r-H~~~~~~~~EK I BROOKDALE CENTER REDEVELOPMENT ~~~~~~M~ EXTERIOR ELEVATIONS 1'""-'-~." ~' ... ~:> ,"",': ,,~~~,:.. '-: .. :.::'" ArchileClural Consortium, L.L.C. 2010 t=r==1_. mr= _______ .-5::::f ··--·'c--'_:Eh:? ==.-.... = .. "" .. "="-... =" .. -.=.~ ='1=~ ====!=I.,~-=r.I=·=======t'1 E~ .J:!:=-L hBl H ••• ...r"1 .t ~,--~ L. 8 E)(ISTl"6 O~LI-EAST eLevAT10~.~ o EXLSTIN5 eAST ELEVp.T10N -o I"'ROPOseD EAST EL.!:VATION 1 I 1 L __ . ____________ . CfD GAnIN DEVEWPMElIT COMPANY Key Plan D Li SHINGLE CREEK CROSSING BROOKOALE CENTER REOEVELOPMENT BROOKLYN CENTER. MN EXTERIOR ELEVATIONS ';:.:.: . .::'" ......... _. __ . __ ._-::;.;---- A2 Archl!eclursl Consortium, l..LC. 2010 o TYPlc:.AI.. a.EVATlOt5 -!-'IA.Y.JR ANCHOlt " .... c...,' GfD GA1UN DEVELOPMENrCOMPANY SHINGLE CREEK CROSSING [ BROOKDALE CENTER REDEVELOPMENT BROOKLYN CENTER, MN EXTERIOR ELEVATIONS A3 Archllc<:lural Consortllnl. L.l.C. 2010 (jJ .:.....J C <1.J U cj ..?:-I ~I cDl I !I -c- I ~ I ATTACHMENT SIXTEEN '---"""-"" --" ""---.---:-? I ~,t11Lo I WaJ ~ m.Blli'~ /V1ay 13, 2011 I Brooklyn Center,iVll~ F'cm:;~"'fIC"roScuoQ~ I _____________ ~------~ "----"-----------------------pe"-rs-p-ec-l-;v-es ~i I~ _____ J ,g!Jlk~1 W<aJ~ ~_ial_Ii"_~_·_-----.JI __ M_a_Y_13_, 2 __ 0~ Brooklyn Cenler,MI\j Perspeclives LJ -~-:;--;-:-_-:--I'---------'---------;--------· __ ~t~l~"~_LWaJ~m_aJ_rr_~ ___ ~_Ol_l __ 1 Brooklyn Center.MI\1 Per>peclives I I 1 ___ -' perspe(ti~:l 5] i-ront Elevation HeCir ElevntiOll ~~;< ;;-I --------1--------.,-------------------------,----------------,---------- c=5';"~~6o I WiPl~mi@rr~ I iVlay '13. 20'11 ! BrooklynCenter.MN F·O)." SC,Mt .. /" SCo/t...".../I1 ! ------------,.------------~-. ! i:levations i-I I " i L ___ ~ Right Elevation Left Elevation Sign Qty Color Height illumination 5q.Ft Total Sq.Ft ~almart White 5'-6" Internal ~p.rk Yellow 8'-0" Internal 298,00 596.00 utdoor Living White 2'-6" N/A 77.24 77.24 Market White 2'-6" N/A 28.13 28.13 Home & Pharmacy White 2'-6" N/A 97.53 97.53 Phlum2lcy Drive-Thru Bronze "-6" N/A 39.8B 79,76 Total Building Signage: 878.66 May 13, 2011 Elevations 7 <0 -' "-N ARCHITECTURAL CONSORTIUM L.L.C. 901 North 3rd Street Minneapolis, MN 55401 612-436-4030 Fax 612-692-9960 EAST ELEVATION SOUTH ELEVATION 1/16" = 1'-0" 1116" = 1 '-0" I SHINGLE CREEK CROSSING BROOKLYN CENTER, MN OUTBUILDING - A PROJECT tfUMBER: ISSUEOOATE: 5-13-11 DRAWN OV: ,JrJ CHECKED BY: KA A-301 Architectural Consortium, L.L.C. 2011 ATTACHMENT SIXTEEN.ONE 18'-8" N ARCHITECTURAL CONSORTIUM L.L.c. 901 North 3rd Street Minneapolis, MN 55401 612-436-4030 Fax 612-692-9960 20'-0" 20'-0" WEST ELEVATION NORTH ELEVATION I. " l , 18'-8" l 1 20'-0" 20'-{)" 1/16"= 1'-0" 1/16" = 1'-0" I SHINGLE CREEK CROSSING ?E::~:~~ER BROOKLYN CENTER, MN ~c"",",c~,,~o,,"-y, ---""---1 OUTBUILDING - A A-302 Architectural ConsortIum, L.L.C. 2011 ~ ______ ~4~2'-~O"~ ______ ~~ ____________ ~60~CO~" ____________ ~'~i' ________ ~4~2'~-O_"--------~r ARCHITECTURAL CONSORTIUM L.L.c. 901 North 3rd Street Minneapolis, MN 55401 612-436-4030 Fax 612-692-9960 EAST ELEVATION 42'-8" SOUTH ELEVATION 1116" = 1'-0" 42'-8" 1116" = 1'-0" INGLE CREEK CROSSI BROOKLYN CENTER, MN OUTBUILDING -C C-301 Architectural Consortium, L,L.C. 2011 +-________ ~4~2~'-B~" ________ ~~--------4~2~'-B~"----------+ ARCHITECTURAL CONSORTIUM L.L.C. 901 North 3rd Sireet Minneapolis, MN 55401 612-436-4030 Fax 612-692-9960 NORTH ELEVATION I 1/16" = 1'-0" HINGLE CREEK CROSSIN BROOKLYN CENTER, MN OUTBUILDING -C C-302 Architectural Consortium, L,L.C. 2011 E.I.F.S. eMU ARCHITECTURAL CONSORTIUM L.L.C. 901 North 3rd Sireet Minneapolis. MN 55401 612-436-4030 Fax 612-692-9960 31'-0" SOUTH ELEVATION 33'-8" EAST ELEVATION STONE VENEER 1/16" = 1'-0" 33'-8" 1/16" = 1 '-0" I SHINGLE CREEK CROSSING BROOKLYN CENTER, MN OUTBUILDING - D PROJECT NUMBER: ISSUED DATE: 5-13-11 DRAWN BY: Jr.A CHECKED 8'1': KA 0-301 Architectural Consortium. L.L.C. 2011 E.I.F.S. eMU ARCHITECTURAL CONSORTIUM L.L.C. 901 North 3rd Street Minneapolis, MN 55401 612-436-4030 Fax 612-692-9960 NORTH ELEVATION WEST ELEVATION STONE VENEER =~""VU. ALUM. 1/16"= 1·-0" 1/16'· = 1'-0·' I SHINGLE CREEK CROSSING ~;:~~~~ . .,. ".""., BROOKLYN CENTER, MN ~C~"ECK~E~O'Y,,-, --~-l OUTBUILDING - D 0-302 Architectural Consortium. L.L.C. 2011 ARCHITECTURAL CONSORTIUM L. L.C. 901 North 3rd Street Minneapolis, MN 55401 612-'136-'1030 Fax 612-692-9960 WEST ELEVATION NORTH ELEVATION ~~~~~~FROSTED BACK d::~~~~~ LIT GLASS 1/16" = 1'-0" 1/16" = 1'-0" I SHINGLE CREEK CROSSING BROOKLYN CENTER, MN OUTBUILDING - E STONE VENEER PROJECT NUM8ER: ISSU&'OOATE; 5-1:3-1' ORAWNBY: ...... CHECKED 6'1'; KA E-301 Architectural Consortium, L.L.C. 2011 ARCHITECTURAL CONSORTIUM L.L.C. 901 North 3rd Street Minneapolis, MN 55401 612-436-4030 Fax 612·692-9960 EAST ELEVATION SOUTH ELEVATION 20'·8" ~~~~~jL FROSTED BACK ~~~~~~ LIT GLASS 1/16" = 1'·0" 1/16" = 1'·0" I SHINGLE CREEK CROSSING BROOKLYN CENTER, MN OUTBUILDING - E VENEER PI'I.OJECTNUMeER: ISSUEOOATE: DRAWN BY; JM CHECl<EOBY; KA E-302 Architectural Consortium, L.L.C. 2011 ARCHITECTURAL CONSORTIUM L.L.C. 901 North 3rd Sireet Minneapolis, MN 55401 612-436-4030 Fax 612-692-9960 WEST ELEVATION NORTH ELEVATION 1"=20'-0" 1"=2D'-0" ~~~~~~FROSTED BACK r:f:'~~~==~ LIT GLASS VENEER PROJECT NUMIlEn: SHINGLE CREEK CROSSING ISSUED DATE: 5.':J.ll ORAWNIIV: JM BROOKLYN CENTER, MN I-'C~"E~CH~ED!!,BY; __ ~---l OUTBUILDING - H H-301 Archil.c!ural Consortium, L.L.C, 2011 ARCHITECTURAL CONSORTIUM LLC. 901 North 3rd Street Minneapolis. MN 55401 612-436-4030 Fax 612-692-9960 EAST ELEVATION ~~~~~ FROSTED BACK r-fU"-'-..I.-..l....:.....Iio'±J LIT GLASS 1" = 20'-0" HINGLE CREEK CROSSIN BROOKLYN CENTER, MN OUTBUILDING - H H-302 Archilectural Consortium, L.L,C. 2011 ARCHITECTURAL CONSORTIUM L.L.C. 901 North 3rd Street Minneapolis, MN 55401 612-436-4030 Fax 612-692-9960 EAST ELEVATION SOUTH ELEVATION 1/16" = 1'-0" 1/16" = 1'-0" I SHINGLE CREEK CROSSING BROOKLYN CENTER, MN OUTBUILDING -J PROJECT NUMBER: rssuEOCATE: DRAWi'lBY: CH'ECI<EDElI'; J-301 Architectural Consortium, L.L.C. 2011 t 20'-0" J. , I ARCHITECTURAL CONSORTIUM L.L.C. 901 North 3rd Street Minneapolis. MN 55401 612-436-4030 Fax 612-692·9960 20'-0" J. 20'-0" WEST ELEVATION NORTH ELEVATION 20'-0" 20'-0" l 18'-8" l , ,- I I SIGNAGE 1/16"; 1'-0" 1116" ; 1 '-0" I SHINGLE CREEK CROSSING BROOKLYN CENTER, MN J.-!CI<~ECK"",~O'~v, --"""----j OUTBUILDING -J PROJECT NUMBER: ISSUED CAlE: 5-13-11 ORAWNIJY; JM J-302 Architectural Consortium. L.L.C. 2011 ARCHITECTURAL CONSORTIUM L.L.C. 901 North 3rd Street Minneapolis, MN 55401 612-436-4030 Fax 612-692-9960 WEST ELEVATION NORTH ELEVATION 1"=20'-0" 1" = 20'-0" K-301 I SHINGLE CREEK CROSSING BROOKLYN CENTER, MN J-!C:!!OHECl<""E,,-,O'!'-.~ --~----l OUTBUILDING - K PROJECT NU .... BER: ISSUEDOA1E: 5-13-11 ORAWN!!Y: JM Architectural Consortium, L.L.C, 2011 ARCHITECTURAL CONSORTIUM L.L.C. 901 North 3rd Street Minneapolis, MN 55401 612-436-4030 Fax 612-692-9960 EAST ELEVATION 1"; 20'-0" SOUTH ELEVATION ~~~:;=~iLFROSTED BACK AW~nNG"",,,,~~~~~ LIT GLASS VENEER 1" = 20'-0" SHINGLE CREEK CROSSING g~;~s~~~:~~U~:MBE~", ~:"~M 3 BROOKLYN CENTER, MN OUTBUILDING - K K-302 Architectural Consortium, L.L.C. 2011 ARCHITECTURAL CONSORTIUM L. L.C. 901 North 3rd Siroet Minneapolis. MN 55401 612-436-4030 Fax 612-692-9960 EAST ELEVATION NORTH ELEVATION 1"=20'-0" 1" = 20'-0" I SHINGLE CREEK CROSSING ~;:~~~mE" BROOKLYN CENTER, MN ~C:!!,HE~CKE""DB",--" --""--I OUTBUILDING - L L-301 Architectural Consortium, L.L.C. 2011 ARCHITECTURAL CONSORTIUM L.L.C. 901 North 3rd Street MInneapolis, MN 55401 612-436-4030 Fax 612-692-9960 WEST ELEVATION 1"= 20'-0" SOUTH ELEVATION 1" = 20'-0" I SHINGLE CREEK CROSSING BROOKLYN CENTER, MN OUTBUILDING - L PROJECTNU~!lER: ISSUED DATE: DRAWN BY; JM CHECKED BY: KA L-302 Architectural Consortium, L.L.C, 2011 lB'.()" ARCHITECTURAL CONSORTIUM L.L.C. 901 North 3rd Street Minneapolis. MN 55401 612-436-4030 Fax 612-692-9960 20'-0· 20'-0· WEST ELEVATION NORTH ELEVATION 20'-0· 1 20'-0· ILLUMINI}TED SIGNAGE lB'-O· ~~~~~--FI'!OSlED BACK LIT GLASS 1"= 20'-0" 1"= 20'-0" SHINGLE CREEK CROSSING BROOKLYN CENTER, MN OUTBUILDING - M PROJECT NUMElER: !SWEDO"",1!:: 5.Il-ll CRAWH8'!': .1M CHECi<EOBV: t<A M-301 Architectural Consortium, L.LC_ 2011 16',0" ARCHITECTURAL CONSORTIUM L.LC. 901 North 3rd Street Minneapolis. MN 55401 612-436-4030 Fax 612-692,9960 r 20',0· 20'.()" 20',0· 20'.()" ILLUMIJTEO SIGNAGE 16',0· ~~~~~----FROSTED BACK LIT GLASS VENEER ANOO, ALUM. STOREFRONT ~-- EAST ELEVATION 1" = 20',0" SOUTH ELEVATION 1" = 20',0" I SHINGLE CREEK CROSSING ~;~~g,°fu~~:"="R'=='~"'"~''' BROOKLYN CENTER, MN OUTBUILDING - M M-302 Architectural Consortium, L.L.C. 2011 Shingle Creek Crossing Architectural Design Guidelines (Submitted 5/11111) (Modified 5/23/11) Architectural Consortium LLC The overall design concept is to create a cohesive master planned development combining potential uses that may include anchor tenants, small shop retail, restaurants, enclosed mall tenants, as well as open-air tenants. The architecture shall maintain a uniform character and reflect a style that provides for a harmonious retail development within the project. The aesthetics for key design elements shall be an abstraction of Shingle Creek, and be found in the pallet of materials such as masonry, stone, and metal accents that complement the established streetscape on Bass Lake Road/County Road 10. BUILDING ORIENTATION Site planning concept of multiple buildings with a focus inward as well as exposure toward Highway 1 00, Bass Lake Road, and Xerxes Avenue as generally depicted on the 05/1112011 site plan submittal. The orientation of buildings should take advantage of available view sheds of future development sites where possible. Building entrances shall have a direct relationship to convenient parking fields. Buildings along Bass Lake Road shall be located close to the road to create a pedestrian! urban environment with signage on the street and principal entrances and signage facing internal communal parking and entry drives. Anchor tenants along Highway 100 shall take advantage of the highway visibility by backing up to the property lines with loading docks and servicing and may incorporate architectural elements that reflect some components of the front facades such as signage features and raised parapets. Buildings along the day lighted Shingle Creek, as available to restaurants, shall maximize opportunities for outdoor patios, pedestrian relationships and other recreational interactions. Buildings containing restaurants adjacent to water features shall maximize opportunities for outdoor patios and internal views of the water. Buildings along the major entry corridor shall locate in close proximity to the street to form a "main street," pedestrian friendly, environment. Tenants in the enclosed mall shall take advantage of internal shopping traffic as well as external. BUILDING DESIGN Building Mass Varying scale of buildings shall be encouraged. Varying rooflines to create interest in design styles shall be encouraged. Maximum building coverage of the overall site shall not exceed 40%. Large expanses of blank and featureless wall facing public street frontage shall incorporate architectural elements to mitigate the expanse. ATTACHMENT SEVENTEEN Facade Design Colorful canopies, roofs, and accents are encouraged, however controlled to a palette of selected colors pursuant to the color and material board submitted and approved by the city. Architectural character shall be consistently contemporary (non-traditional) with all buildings within master plan. Masonry detailing such as soldier coursing, plane changes, or patterning shall be encouraged. The use of cornices, ornamental lights, graphics, Tenant blade signs, and other architectural details shall be encouraged. Buildings that front Bass Lake Road, Xerxes Avenue, or main entry drives must have four-sided architecture. The architecture shall reflect a two-story appearance with the use of upper windows, roof forms, and undulated skylines. Storefront glass shall dominate each fac;ade. Where true, clear storefront glass is not feasible due to tenant functions, the use of spandrel glass is acceptable. Multi-tenant buildings shall break up the rhythm ofthe fac;ade for individuality of shops to reinforce a "main street" theme of architecture. Elevations facing Highway 100 may incorporate signage features where visible from the highway or not screened from landscaping. Building Materials Materials shall be selected for suitability to the type of buildings and the design in which they are used. Building walls are to be finished in aesthetically acceptable tones and colors to be compatible with tones and colors of the approved palette. Materials shall be of a durable quality. All wood treatment shall be painted and weather proofed. Colors and specifications of masonry and stucco colors should be a consistent range throughout the development Rear of buildings shall be in a color to match predominant front masonry colors. Existing buildings may be renovated to match new construction with the use of paint colors or other applied surface treatments. Buildings A thru M shall have at least all four sides with at least 50% Class I and remaining 50% Class II materials. Building N shall have its northerly and easterly faces with at least 50% of Class I and remaining 50% Class II; with rear and sides of25% Class I and 75% Class II materials. Buildings P & Q shall have their front facades with 50% of Class I and 50% of Class II, with all other faces with at least 25% of Class I and 75% Class II materials. Class I materials shall include brick or acceptable brick-type material; marble, granite, other natural stone or acceptable natural looking stone; textured cement stucco; copper; porcelain; glass; architectural textured concrete pre-cast panels; and other materials including masonry units with enhanced detailing such as patterns, textures, color, dimension, banding, and brick inlay as approved by the City Planning Commission and City Council. ATTACHMENT SEVENTEEN Class II materials shall include exposed aggregate concrete panels; burnished concrete block; integral colored split face (rock face) and exposed aggregate concrete block; cast-in-place concrete; artificial stucco (E.I.F.S., Drivit); artificial stone; fiber-reinforced cement board siding with a minimum thickness of 14 inch; canvas or vinyl awnings; prefinished metal; and other materials not listed elsewhere as approved by the City Planning Commission and City Council. Doors and Windows Canopies shall be encouraged at entry ways. Window frame, material, and color to complement architectural style and be consistent in color throughout development. Window openings may be modulated to scale and proportion that is compatible with the architectural style. Maximize storefront and graphic opportunities to avoid long expanses of blank and featureless walls at street fronts. A minimum of 8' clear space shall be provided from sidewalk elevation to the lowest point of a canopy and or suspended sign. Window frames shall be constructed of pre finished metal. Window and doors shall be glazed in clear glass for retail buildings. Mirrored windows shall be discouraged. Where appropriate, the use of spandrel glass may be incorporated to mimic storefront glass. Graphic elements may be incorporated into wall areas to mimic storefronts. SCREENING Loading areas shall be screened from public view with walls similar to adjacent building material, fences, landscaping, or physical distance separation. Service and utility doors to be painted to match, or be compatible with, surrounding colors. Drive -thru or service lanes shall be screened with berming, landscaping or fencing. Rooftop units may be screened by parapets or wall/fencing materials, or paint to match surrounding colors when visible from the public right of way. FRANCHISE DESIGN The requirements of regional and national franchises shall be allowed to maintain their corporate identity and design theme but shall be encouraged to utilize similar materials, scale and style of these architectural standards. ATTACHMENT SEVENTEEN LANDSCAPE AND SITE TREATMENT Landscape design Plant material is to be utilized within the master plan as an aid to provide continuity within the site and provide a recognized definition of its boundaries. Thematic boulders and water elements shall be incorporated to reinforce the branding of Shingle Creek as a site amenity Reference the 2010 Bass Lake Road landscaping as inspiration to both plant varieties and theme. Overstory trees shall be utilized along external and internal roadways to reinforce roadway pattern but, placed so as to not block visibility of commercial signage. Unity of design shall be achieved by repetition of certain plant varieties, planting patterns, and other streetscape materials and by correlation with the approved landscape plan. Entry points into the site are to be specially landscaped and are to be designed with a common theme. Plant materials are to be utilized as a screening element for parking and building utility areas. Plant materials are to be utilized within parking lot islands, grouped massing of landscape is encouraged in parking lots versus individual planting to maximize landscape impact and allow functional snow removal. Some islands may be paved as pedestrian walk areas. Loading, service, utility and outdoor storage areas that are visible from public roadways shall be predominantly screened with fencing, walls, landscaping or berms. When natural materials are used as principal screening, 75% opacity must be achieved year round through the use of evergreen trees. Plant materials shall be selected with regard to its interesting structure, texture, color, seasonal interest, climate zone durability and its ultimate growth characteristics. Where building sites limit planting, the placement of plant materials in planters, pots, or within paved areas is encouraged. PerenniaVshrub planting beds, trees and turf areas shall be irrigated with an automatic irrigation system to provide optimal plant establishment and long-term plant health. Parking When determined appropriate, commercial buildings are to accommodate bicycle/motorcycle parking areas and bike racks. Cross parking between building areas shall be permitted. Parking stalls to be a minimum of 9'x 18' and drive aisles to be 24' (60' bay spacing) for two-way traffic and drive aisles to be 20' (56' bay spacing) for one- way traffic. Parking stalls may be oriented at 60, 75, and 90 degree angles. Major drive aisles or truck routes may have increased aisle widths. Parking lot layout shall include clear, traffic movement for both pedestrian and automobile. ATTACHMENT SEVENTEEN A minimum overall parking ratio of 4.5 11000 shall be maintained Site impervious surface should be minimized to help preserve green space, yet provide the necessary parking amount to support the development regardless of uses. Lighting Lighting shall provide continuity and consistency throughout the area. All parking lot lights shall be metal halide or 2000-4000 kelvin LED and be uniform in style, color, and height. Maximum pole height of 50' in parking areas and 28' in entry drive areas and along property edges. Pedestrian lighting shall be of pedestrian scale height (12'-18') and be uniform in style and color. Light poles, fixtures, and bases shall be a consistent dark color (i.e. bronze, black, or brown). Exterior wall lighting shall be encouraged to enhance the building design and the adjoining landscape. Lighting styles and building fixtures shall be of a design and scale compatible with the building and adjacent areas. Shoe or hat box style fixtures are acceptable for taller parking lot lighting. More detailed ornamental style fixtures shall be encouraged for pedestrian impact. Light levels that promote a safe environment are required. Excessive brightness shall be prohibited. Dark sky and cutoff style fixtures shall be used for safety purposes. Pedestrian Connections Pedestrian connectivity shall be incorporated to link all buildings within the site where feasible. Pedestrian connections shall be made to the existing public sidewalk system. Benches or seating shall be provided at appropriate areas for pedestrians. Striping of crosswalks shall be required at appropriate crossings. Outdoor seating areas and outdoor sales areas shall be incorporated where appropriate. Such areas shall utilize a unified theme and approach to the defining . elements (structural elements, railings, shading, paving, lighting, landscaping) for the creation of these exterior spaces. Bicycle Connections Trail connections shall be maintained and connected to the existing overpass system. Bike parking and resting areas shall be incorporated as an element of the Shingle Creek waterway. The trail shall be designed to allow continuous flow of bicycle traffic as well as areas of refuge. Pedestrian shopping sidewalks shall connect to the trail at appropriate intersections. ATTACHMENT SEVENTEEN E 4,800sfD 11,200sf EXISTING SIGNAL BASS LAKE RD SHINGLE CREEK PKWY E PROPOSED CAR WASH 3,667 SF INSTALL NEW 30' x 30' "DO NOT ENTER" SIGNS "DO NOT ENTER" SIGNS "RIGHT TURN ONLY" SIGN RELOCATED MONUMENT SIGN REMOVE AND RELOCATE MONUMENT SIGN This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2018 KIMLEY-HORN AND ASSOCIATES, INC.767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\GATLIN DEVELOPMENT\BROOKDALE CENTER\CADD\PHASE 3\Holiday Car Wash\3 Design\CAD\Exhibits\Truck Turning Exhbit\2020-0503 PUD Comparison Exhibit.dwg May 08, 2020 - 3:48pm©BYREVISIONSNo.DATEPRELIMINARY - NOT FOR CONSTRUCTIONNORTH PREPARED FORSITE PLAN / PUDOVERLAY EXHIBITEX-1BUILDING EGATLIN DEVELOPMENTCOMPANYBROOKLYN CENTERMNDATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16018800005/08/2020AS SHOWNKJOKJOBMWExhibit C Commissioner introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2020-002 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-002 SUBMITTED BY MATTHEW WOLF (TAFT, STETTINIUS & HOLLISTER LLP) ON BEHALF OF GATLIN DEVELOPMENT CO. INC. FOR PLANNED UNIT DEVELOPMENT AMENDMENT NO. 9 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT WHEREAS, the City Council of Brooklyn Center, Minnesota adopted Resolution No. 2011-85, dated June 13, 2011, which is considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, whereby this amendment approved the establishment of the new Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2013-124, dated October 14, 2013, which approved the fourth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2013-72, dated July 8, 2013, which approved the fifth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and PC RESOLUTION NO. 2020-002 WHEREAS, the City Council subsequently adopted City Council Resolution No. 2014-75, dated June 9, 2014, which approved the sixth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2015-170, dated November 9, 2015, which approved the seventh amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2017-25, dated February 13, 2017, which approved the eighth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards, and subsequent revisions to the aforementioned amendment under City Council Resolution No. 2017-174, dated November 13, 2017; and WHEREAS, Matthew Wolf (Taft, Stettinius, and Hollister, LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc. submitted Planning Commission Application No. 2020-002, which is considered the ninth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the proposal comprehends the elimination of certain use restrictions within the Planned Unit Development that were imposed under the original 2011 Shingle Creek Crossing Planned Unit Development and associated declaration; and WHEREAS, the PUD Amendment also comprehends an amendment to the building size and site configuration of Building Site E (also known as Lot 2, Block 1 of Shingle Creek Crossing 2nd Addition); and WHEREAS, the Planning Commission held a duly called public hearing on May 14, 2020, whereby a staff report and public testimony regarding the amendment to the Planned Unit Development were received and considered by the Planning Commission; and the Planning Commission gave proper consideration of the amendment to the Planned Unit Development request by utilizing the guidelines for evaluating such amendment as contained in Section 35-355 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 did determine that Planning Commission Application No. 2020-002, submitted by Matthew Wolf (Taft, Stettinius, and Hollister, LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc., may be approved based upon the following findings: a) The proposed amendments to the uses allowed within the Shingle Creek Crossing PUD are generally in line with the uses allowed by right or special use within the PC RESOLUTION NO. 2020-002 underlying C2 (Commerce) District, and will open up more opportunities for the PUD site to build out; b) The updating of Building Site E in the Shingle Creek Crossing PUD master plans addresses a current need to the overall Shingle Creek Crossing PUD plans as requested by property owner and Applicant Shingle Creek LLC/Gatlin Development Co. Inc.; c) The updating of Building Site E in the Shingle Creek Crossing PUD master plans will not impede the normal orderly development and proposed improvements of this Shingle Creek Crossing PUD, but rather take a pro-active approach by facilitating further buildout on the eastern edge of the Shingle Creek Crossing Planned Unit Development; d) The updating of Building Site E to reflect a potential car wash will not be injurious to the use and enjoyment of other uses in the Shingle Creek Crossing Planned Unit Development, nor be detrimental or pose any threat or danger to the public; e) The updating of Building Site E to reflect a potential car wash will be cognizant of and provide adequate measures to maintain and provide suitable access and parking to the site; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota, determined that Planning Commission Application No. 2020-002, submitted by Matthew Wolf (Taft, Stettinius, and Hollister LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc., requesting approval of a ninth amendment to the Shingle Creek Crossing Planned Unit Development may be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Brooklyn Center, Minnesota to recommend to City Council that Planning Commission Application No. 2020-002, submitted by Matthew Wolf (Taft, Stettinius, and Hollister LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc., be approved based upon the following conditions and considerations: 1) The Applicant is allowed to amend and update the 2011 Shingle Creek Crossing Planned Unit Development plans and documents, including the associated Declarations, to reflect all approved amendments approved by City Council since 2011, as well as the following: a. Removal of the “eating establishments” requirement for the four Shingle Creek Crossing PUD lots, as noted under Section 4.A of the PUD Declarations; and b. Allowance of educational uses (Section 35-322.1.h), group day care and drop-in childcare centers (Section 35-322.1.k), and veterinarian’s offices (but not animal hospitals). c. Update Building Site E to reflect a 3,667-square foot building and 17-onsite parking spaces with two stacking lanes, as reflected in the exhibit provided by Kimley-Horn, PC RESOLUTION NO. 2020-002 and dated May 8, 2020 (Exhibit C). d. Relocation of the Shingle Creek Crossing monument sign on Building Site E to facilitate development. 2) No other allowances shall be permitted in the updating of the Shingle Creek Master Plan set, with the exception of any site-specific changes necessary for the site and building plan approval for Building Site E (e.g. landscaping, lighting). Any final changes to the building size and site configuration shall fall within the provisions addressed in Section 35-355, Subdivision 5.d (Planned Unit Development) or require further amendment to the 2011 Shingle Creek Crossing Planned Unit Development plans and documents. a. Any development on Building Site E will be required to follow the signage and architectural guidelines for Shingle Creek Crossing Planned Unit Development. b. Any items not covered by the aforementioned guidelines are subject to approval through City Code requirements. 3) A fully updated master plan set of the Shingle Creek Crossing Planned Unit Development is to be provided to the City as part of any subsequent application for site and building plan approval for Building Site E. 4) Unless amended otherwise or under separate agreement, all existing provisions, standards, and variations provided under the 2011 Shingle Creek Crossing Planned Unit Development and any subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development. 5) Any future amendments to the Planned Unit Development or application requests will require the submittal or adoption (acceptance) of an updated master plan, which shall govern the planned and future redevelopment areas of this site. PC RESOLUTION NO. 2020-002 May 14, 2020 Date Randall 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. PC Minutes 05-14-20 -1-DRAFT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MAY 14, 2020 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. The meeting was conducted via Webex. 2. ROLL CALL Chair Randall Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. City Planner and Zoning Administrator Ginny McIntosh and Community Development Director Meg Beekman were also present. Chair Christensen welcomed newly appointed Planning Commissioner Peter Omari and invited him to introduce himself. Peter Omari stated he works as an attorney and supervisor at Mid-Minnesota Legal Aid. He added he is happy to join the Planning Commission and hopes he will be of some help. City Planner Ginny McIntosh administered the Oath of Office and Commissioner Omari was sworn in. 3. APPROVAL OF AGENDA – MAY 14, 2020 There was a motion by Commissioner Tade, seconded by Commissioner Koenig, to approve the agenda for the May 14, 2020 meeting as presented. The motion passed. 4. APPROVAL OF MINUTES – FEBRUARY 13, 2020 There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to approve the minutes of the February 13, 2020 meeting as presented. The motion passed. Commissioner Omari abstained. 5. CHAIR’S EXPLANATION Chair Christensen explained the Planning Commission’s role as an advisory body. One of the Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. PC Minutes 05-14-20 -2-DRAFT 6.PLANNING APPLICATION ITEMS 6a) Planning Commission Application No. 2020-002 (Public Hearing)Applicant: Matthew Wolf (Taft, Stettinius, and Hollister LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc. Project Location: Shingle Creek Crossing PUD | Building Site E (1080 Shingle Creek Crossing) Summary: The Applicant is requesting review and consideration of the ninth amendment to the Shingle Creek Crossing PUD, which would result in the elimination of certain use restrictions imposed by the original 2011 PUD and Declarations, as well as changes to the building size and site configuration of Building Site E. Ms. McIntosh reviewed a request for an amendment to Shingle Creek Crossing Planned Unit Development (PUD). She added this is the 9th amendment to the PUD established in 2011 for redevelopment of the Brookdale Mall property. She noted the last amendment was related to HOM Furniture in 2017. Ms. McIntosh stated the applicant, Gatlin Development Co. Inc, represented by attorney Matthew Wolf, reached out to City staff as they were recently approached about developing Building Site E with a standalone car wash. In order to facilitate this proposed development, the applicant is requesting an amendment to the Planned Unit Development to delete a section in the PUD requiring that four of the Shingle Creek Crossing lots, including the lot proposed for a car wash, be developed as eating establishments only. The applicant is also requesting the inclusion of certain educational institutions, group day care and drop-in childcare centers, and veterinarian offices, but not full-service animal hospitals as allowable uses in the PUD. These uses were formerly prohibited in the Shingle Creek Crossing PUD. Ms. McIntosh noted that the proposed alterations by the applicant to the Declarations make reference to sub-sections 1b and 3b of City Code related to the C-1 (Service/Office) District but are not relevant as the underlying zoning for the Shingle Creek Crossing PUD is C-2 (Commerce) District, and were accounted for elsewhere in the applicant’s proposed amendments to the Declarations as they relate to group day care and drop-in childcare centers. Ms. McIntosh also noted that “gas stations” were originally proposed by the applicant as an allowable use; however, the Central Commerce Overlay District, where the Shingle Creek Crossing PUD is located, does not permit the development of new gas stations post October 2019. Ms. McIntosh stated the proposed amendment also includes a request to update the building size, site configuration, and parking requirements of Building Site E to accommodate a car wash use, as the most current master plan from 2017 reflects a restaurant use. She added a separate application would still be required for site and building plan approval as well as Special Use Permit approval of any car wash use. She noted the PUD requires that a proposed site plan substantially comply with the approved development plan, and the proposed amendment would PC Minutes 05-14-20 -3-DRAFT bring the site plan as close as possible to the building size and site plan layout for the proposed car wash use. Ms. McIntosh stated the minimum parking requirements for a restaurant use is 10 spaces per 1,000 square feet of building. Based on a review of the proposed car wash site on Building Site E and the current parking requirements in the PUD, City Staff is recommending parking requirements in line with other retail uses, or a total of 16.5 spaces. She added the applicant indicated 17 spaces on the site plan, and two stacking queues to the car wash tunnel. Ms. McIntosh noted that the car wash developer would need to provide dimensional information on any application for the car wash so as to verify minimum building setbacks and dimensional requirements. Ms. McIntosh stated notice of the public hearing was sent to nearby properties and a public hearing notice was published in the Brooklyn Center Sun Post on April 30, 2020. She added a comment was received from Bank of America requesting that they be notified if City Staff receives an application for the car wash, but that they had no concerns regarding the proposed amendments to the uses in the PUD or the updating of Building Site E. She noted they expressed concern about the general appearance and aesthetics of a car wash from nearby streets and Bank of America. Ms. McIntosh stated City Staff reviewed general access to the site, and noted potential traffic problems could arise from the one-way roadway to the south of the site as drivers will sometimes try to use it as a two-way road. She added these issues would be addressed in greater detail upon submittal of an application for the car wash. Ms. McIntosh stated City Staff recommends that the Planning Commission make a recommendation of approval to the City Council regarding the proposed amendments to the Shingle Creek Crossing PUD and Building Site E. Chair Christensen stated he was under the impression that one of the goals of the original PUD was to create sites for restaurants. He added this amendment is removing the required restaurant use from one of the available sites. He asked whether the intention is to remove restaurant use from other sites, or if this is an exception. Ms. McIntosh stated the Declarations specify that four of the lots have restrictions that require a restaurant use, including the site of the proposed car wash. The applicant is requesting that the restriction for restaurant or eating establishment use be removed for all four lots. Commissioner Schonning stated there were good intentions in the original PUD for keeping four sites for restaurant use, to try and bring some restaurant and entertainment use to Shingle Creek Crossing. He added he is not opposed to changing the restaurant requirement, but he is not supportive of having a car wash on this particular property. He noted this is a small site adjacent to Shingle Creek, with a one-way access road, and visibility from Bass Lake Road. He expressed concern that of all the sites in Shingle Creek Crossing, the proposed site is the least conducive to a car wash use. PC Minutes 05-14-20 -4-DRAFT Ms. McIntosh stated representatives from Gatlin Development and the car wash developer were both present on tonight’s Webex meeting and available to answer any questions. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2020-002 There was a motion by Commissioner Tade, seconded by Commissioner Koenig, to open the public hearing on Application No. 2020-002. Car wash developer Matt Durand stated the proposed car wash would be an “express” car wash, with state-of-the-art building design and a fresh, clean look, with a stacking queue and a self-service vacuum area. He added the model is designed around speed and increased productivity, with different, updated aesthetics and appearance. Frank Gatlin, Gatlin Development Co. Inc, stated the one-way road to the south of the site will fit well with the car wash use, and signage will be added to increase traffic flow efficiency. He thanked Ms. McIntosh and City Staff for doing a great job in putting the presentation together. Chair Christensen called for a vote to open the public hearing. The motion passed unanimously. Ms. McIntosh reiterated that the only comments received from the public had come from Bank of America. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Schonning, seconded by Commissioner Tade, to close the public hearing on Application No. 2020-002. The motion passed unanimously. Chair Christensen asked whether the applicant must meet the original PUD requirements for building materials and exterior facades. Ms. McIntosh confirmed this, adding that in the Shingle Creek Crossing PUD, each building elevation must use at least 50% Class 1 materials, with the remaining portion of each elevation allowed for Class II materials. Commissioner Schonning stated there are other open sites in Shingle Creek Crossing that are not as close to the creek. He added he would be in favor of allowing changes to the current restrictions in place for restaurant uses. Mr. Gatlin stated he has tried to market the sites for restaurant use for 10 years with no success, and the requested change will provide flexibility for development of the site. He added the car wash developer is a local car wash owner in the Twin Cities, and he and his team will provide a high-end, high-quality product that will be a benefit for the community. He noted a restaurant would be appealing near the City’s Opportunity Site development. He noted this is the only out-lot that can accommodate this use but will not preclude restaurant or other uses on the other sites. PC Minutes 05-14-20 -5-DRAFT Commissioner Omari stated he drives around this area all the time. He expressed concern about having a car wash so close to Shingle Creek. Mr. Gatlin stated 80 percent of the creek runs through a channel under the parking lot, and daylights on the other side of Highway 100. Commissioner Omari stated most car washes are not visibly appealing in terms of appearance from the road. He added there will be vacuums running, cars lining up, and traffic coming through. He noted he is concerned about noise levels and overall appearance. Mr. Gatlin stated he has several renderings of “express” car washes developed by Mr. Durand, as well as other examples, which will alleviate the Planning Commission’s concerns. Mr. Durand agreed, adding there is a car wash off Bass Lake Road in Crystal that is of similar appearance to what they are hoping to construct. He added the express model has a clean look, and fast service. He noted he can guarantee the appearance is not what might be expected of a car wash. Chair Christensen stated he would like to see renderings, as that would go a long way toward easing concerns. He added he agrees that Brooklyn Center needs a car wash. He expressed the importance of making sure it is an appropriate use for its location. Chair Christensen requested clarification regarding the addition of day care or child care uses to the PUD. He expressed concern about why these types of uses are proposed, when they do not conform with the original Shingle Creek Crossing PUD concept of a shopping center. He added the original vision may be changing and that is acceptable, unless the new uses will prevent the remaining outlots from being developed. Mr. Gatlin stated the original Shingle Creek Crossing concept has not changed, but the potential uses have evolved from restaurant and retail use. He added the goal is to increase flexibility to allow development of other uses that are typical in shopping areas. Matthew Wolf, attorney for Gatlin Development, stated the removal of restrictions will allow lots to fill more quickly, which will be a positive result for the City. Chair Christensen asked whether educational facilities are considered an acceptable use. Mr. Gatlin stated he would support any use that is acceptable to the City and compatible with the Shingle Creek Crossing development. Commissioner Omari stated the removal of restrictions could attract other businesses to the area. He added he hopes the balance will still be in line with the City’s vision for the area, while ensuring the property is being developed and used. He asked why the restrictions were initially placed on the property. Ms. Beekman stated the retail market has changed over the last 10 years, nationally and dramatically in the Twin Cities, and these types of covenants are common in development agreements. She added the majority of restrictions in the PUD were related to the Walmart’s PC Minutes 05-14-20 -6-DRAFT original conditions for developing the site. She noted the proposed changes are fairly minor, in terms of long-term planning. Ms. Beekman stated City Staff have had many discussions about the ongoing development of Shingle Creek Crossing. She added the area is designated “transit-oriented development” in the 2040 Comprehensive Plan. She noted there will probably be additional changes to the PUD in the years to come. Chair Christensen asked why animal hospitals are proposed to be excluded, and what is the difference between a veterinarian’s office and an animal hospital. Mr. Wolf stated typically animal hospitals are prohibited to reduce overnight stays. Mr. Gatlin expressed his desire to renew his commitment to Shingle Creek Crossing, and to see the development through to its completion. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2020-002 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-002. There was a motion by Commissioner Tade, seconded by Commissioner Schonning, to approve Planning Commission RESOLUTION NO. 2020-002. Voting in favor: Chair Christensen, Commissioners, Koenig, MacMillan, Omari, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. 7. DISCUSSION ITEMS 7a) City Updates -Opportunity SiteMs. McIntosh stated City Staff are rolling out a new Opportunity Site master plan website,“Becoming Brooklyn Center”. She added the interactive website provides information on the existing conditions of the area, Phase 1 project timeline, site overview, and the draft Plan. She noted a recently released interactive map allows users to select various aspects of the proposedOpportunity Site plan and provide input. She agreed to send the link to the PlanningCommissioners for their review. Ms. Beekman stated the Engagement Committee and local agencies were doing outreach in partnership with the City, but engagement is not appropriate now as most local agencies are occupied with filling urgent community needs during the COVID-19 pandemic. She added the technical work of the Master Plan continues at the City Staff level, including a traffic study, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-002 SUBMITTED BY MATTHEW WOLF (TAFT, STETTINIUS & HOLLISTER LLP) ON BEHALF OF GATLIN DEVELOPMENT CO. INC. FOR PLANNED UNIT DEVELOPMENT AMENDMENT NO. 9 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT WHEREAS, the City Council of Brooklyn Center, Minnesota adopted Resolution No. 2011-85, dated June 13, 2011, which is considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, whereby this amendment approved the establishment of the new Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2013-124, dated October 14, 2013, which approved the fourth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2013-72, dated July 8, 2013, which approved the fifth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2014-75, dated June 9, 2014, which approved the sixth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2015-170, dated November 9, 2015, which approved the seventh amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2017-25, dated February 13, 2017, which approved the eighth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards, and subsequent revisions to the aforementioned amendment under City Council Resolution No. 2017-174, dated November 13, 2017; and WHEREAS, Matthew Wolf (Taft, Stettinius, and Hollister, LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc. submitted Planning Commission Application No. 2020-002, which is considered the ninth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the proposal comprehends the elimination of certain use restrictions within the Planned Unit Development that were imposed under the original 2011 Shingle Creek Crossing Planned Unit Development and associated declaration; and WHEREAS, the Planned Unit Development Amendment also comprehends an amendment to the building size and site configuration of Building Site E (also known as Lot 2, Block 1 of Shingle Creek Crossing 2nd Addition); and WHEREAS, the Planning Commission held a duly called public hearing on May 14, 2020, whereby a staff report and public testimony regarding the amendment to the Planned Unit Development were received and considered by the Planning Commission; and the Planning Commission gave proper consideration of the amendment to the Planned Unit Development request by utilizing the guidelines for evaluating such an amendment as contained in Section 35- 355 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 did determine that Planning Commission Application No. 2020-002, submitted by Matthew Wolf (Taft, Stettinius, and Hollister, LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc., may be approved based upon the following findings: a)The proposed amendments to the uses allowed within the Shingle Creek CrossingPUD are generally in line with the uses allowed by right or special use within the underlying C2 (Commerce) District, and will open up more opportunities for the PUD site to build out; b)The updating of Building Site E in the Shingle Creek Crossing PUD master plans addresses a current need to the overall Shingle Creek Crossing PUD plans asrequested by property owner and Applicant Shingle Creek LLC/Gatlin DevelopmentCo. Inc.; c)The updating of Building Site E in the Shingle Creek Crossing PUD master plans will not impede the normal orderly development and proposed improvements of thisShingle Creek Crossing PUD, but rather take a pro-active approach by facilitatingfurther buildout on the eastern edge of the Shingle Creek Crossing Planned UnitDevelopment; d)The updating of Building Site E to reflect a potential car wash will not be injurious tothe use and enjoyment of other uses in the Shingle Creek Crossing Planned UnitDevelopment, nor be detrimental or pose any threat or danger to the public; e)The updating of Building Site E to reflect a potential car wash will be cognizant of and provide adequate measures to maintain and provide suitable access and parkingto the site; and WHEREAS, the City Council of the City of Brooklyn Center, Minnesota, determined that Planning Commission Application No. 2020-002, submitted by Matthew Wolf (Taft, Stettinius, and Hollister LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc., requesting approval of a ninth amendment to the Shingle Creek Crossing Planned Unit Development may be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to recommend that Planning Commission Application No. 2020-002, submitted by Matthew Wolf (Taft, Stettinius, and Hollister LLP) on behalf of Shingle Creek LLC/Gatlin Development Co. Inc., be approved based upon the following conditions and considerations: 1)The Applicant is allowed to amend and update the 2011 Shingle Creek Crossing Planned Unit Development plans and documents, including the associated Declarations, to reflect all approved amendments approved by City Council since 2011, as well as the following: a.Removal of the “eating establishments” requirement for the four Shingle Creek Crossing PUD lots, as noted under Section 4.A of the PUD Declarations; and b.Allowance of educational uses (Section 35-322.1.h), group day care and drop-in childcare centers (Section 35-322.1.k), and veterinarian’s offices (but not animal hospitals). c.Update Building Site E to reflect a 3,667-square foot building and 17-onsite parking spaces with two stacking lanes, as reflected in the exhibit provided by Kimley-Horn, and dated May 8, 2020. d.Relocation of the Shingle Creek Crossing monument sign on Building Site E to facilitate development. 2)No other allowances shall be permitted in the updating of the Shingle Creek Master Plan set,with the exception of any site-specific changes necessary for the site and building plan approval for Building Site E (e.g. landscaping, lighting). Any final changes to the buildingsize and site configuration shall fall within the provisions addressed in Section 35-355,Subdivision 5.d (Planned Unit Development) or require further amendment to the 2011Shingle Creek Crossing Planned Unit Development plans and documents. a.Any development on Building Site E will be required to follow the signage andarchitectural guidelines for Shingle Creek Crossing Planned Unit Development. b.Any items not covered by the aforementioned guidelines are subject to approvalthrough City Code requirements. 3)A fully updated master plan set of the Shingle Creek Crossing Planned Unit Development isto be provided to the City as part of any subsequent application for site and building planapproval for Building Site E. 4)Unless amended otherwise or under separate agreement, all existing provisions, standards,and variations provided under the 2011 Shingle Creek Crossing Planned Unit Developmentand any subsequent amendments, shall remain in effect for the entire Shingle Creek CrossingPlanned Unit Development. 5)Any future amendments to the Planned Unit Development or application requests willrequire the submittal or adoption (acceptance) of an updated master plan, which shall governthe planned and future redevelopment areas of this site. June 8, 2020 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. 6/25/2020 1 City Council Meeting| June 8, 2020 Meg Beekman, Community Development Director •REQUEST: Shingle Creek Crossing PUD Amendment #9 to PUD 2 Background •The Shingle Creek Crossing PUD originates with the Brookdale Mall. •In 1999, City Council adopted CC Resolution 99‐37, which approved PUD/re‐ zoning of the Brookdale Mall properties from C2 District to PUD/C2 •In May 2011, Shingle Creek Crossing PUD was approved to redevelop the Brookdale Mall. •760,000 SF of the total 1.1 million square foot mall was demolished to pave way for a new retail center •Since then, the Shingle Creek Crossing PUD has been: •Amended 8 times to account for future alterations/demolition of the remaining mall; •Re‐platted/revisions to certain building pad sites; and •Amended to allow for other approved uses within the Shingle Creek Crossing shopping center. 6/25/2020 2 3 Request •City staff approached by Attorney Matthew Wolf (Taft Stettinius, and Hollister LLP) on behalf of property owner Shingle Creek LLC/Gatlin Development Co. Inc. regarding proposal for standalone car wash on Building Site E •To help marketing and development of PUD, including proposed car wash, Applicant is requesting PUD amendments to: •Delete Section 4.A of Declarations and PUD Concepts, which requires 4 SCC Lots to be used only for “eating establishment” uses—this includes Building Site E •Revise list of uses currently allowed within the PUD •In general, bring PUD and associated Declarations back into sync given numerous amendments that have occurred since 2011 4 1) Remove Section 4.A of Declarations and any  related PUD concepts/documentation, as it  restricts 4 of the SCC Lots for use as “eating  establishments” only.  Amendments to PUD Uses •Applicant is requesting changes to the uses allowed within the 2011 SCC PUD that would remove restrictions currently in existence. 6/25/2020 3 5 Amendments to PUD Uses •Applicant is requesting changes to the uses allowed within the 2011 PUD that would remove restrictions currently in existence. • 2) Remove the following uses from the list of uses currently prohibited as a permitted or special use within the PUD (these uses would now be permitted) : •Educational Uses (Section 35‐322.1.h) •Group and Drop‐in Childcare Centers  (Sections 35‐322.3.q and 35‐322.1.k);  and •Veterinarian’s Offices (but not full  service animal hospitals) 6 Amendments to PUD Uses •Applicant originally included “gasoline service stations” in listing of uses to now be allowed in the PUD. •Gas stations are allowed by Special Use in the underlying C2 (Commerce) District, but are prohibited within the Central Commerce Overlay District unless in existence prior to October 1, 2019. •Gas station use no longer included in request. •Applicant included language stating, “Notwithstanding anything to the contrary herein, the permitted uses shall also include those uses listed in Subsection 1(v) and Subsection 3(b) of Section 35‐320. •Sections referenced actually for the C1 District and not C2 District. •Language not required as group and drop‐in daycares are already noted in request •Group day care facilities allowed as Permitted Use (C2 District) | Drop in child care centers allowed by Special Use (C2 District) 6/25/2020 4 7 Proposed Amendment to Building Site E •Should the amendments to the SCC PUD uses be approved, the Applicant is also requesting amendment to the PUD master plans to update Building Site E’s building size and site configuration. •Request is in anticipation of a separate PC Application for a standalone car wash •Request would result in: •Reduction in building size from 4,800 SF to 3,667 SF (‐1,133 SF) •Reduction in parking size from 48 parking spaces to 17 parking spaces + 2 lines of stacking •Re‐orientation of building + setbacks 8 Current Site Layout (assumes restaurant use)Proposed Site Layout (assumes car wash use) Proposed Amendment to Building Site E 6/25/2020 5 9 Proposed Amendment to Building Site E •Section 35‐355 (Planned Unit Development) requires development plans to be in “substantial compliance (i.e. buildings, parking areas, and roads in essentially same location as previously approved)”, and PUD amendments in cases where: •The number of dwelling units, if any, has not increased or decreased by more than 5%; •The floor area of non‐residential areas has not been increased or decreased by more than 5%; •No building has been increased in the number of floors; •Open space has not been decreased or altered from its original design or use; and •Lot coverage of any individual building has not been increased or decreased by more than 10% 10 Proposed Amendment to Building Site E •Applicant is requesting changes now rather than at time of application for the proposed car wash in order to streamline process for developer of potential car wash •Applicant (Gatlin Development) and car wash developer worked together to get site plan as close to final as possible and recognizes risk should plans change 6/25/2020 6 11 Proposed Amendment to Building Site E •Current use requirement of “eating establishment” on Building Site E •Requires parking ratio of 10 parking spaces per 1,000 SF of building (ECR requirements) •PUD does not factor parking needs for car washes •Assuming 4.5 parking spaces per 1,000 SF (“retail use”), a minimum of 16.5 on‐site parking spaces would be required •Submitted site plan reflects 17 parking spaces + two stacking queues and exit lane •Proposed site plan would remove row of parking along east side of Building Site D (Aspen Dental) •Per City staff review, it appears Building Site D would maintain the minimum 50 on‐site parking spaces it requires (need verification upon any application for car wash) •Site plan reflects north setback that is more in line with buildings to the west, but will want to confirm east interior setback 12 Proposed Amendment to Building Site E •Should the amendments to Shingle Creek Crossing be approved, the developer of the proposed standalone car wash will need to submit a separate Planning Commission Application for: •Site and Building Plan •Special Use Permit •City staff will require entire PUD master plan set to be updated to reflect updated building size and site configuration and other exhibits (e.g. delivery truck circulation, lighting, landscaping, grading) 6/25/2020 7 13 Summary •A public hearing notice was published in the Sun Post on April 30 th and mail notifications were sent out to properties in vicinity of the PUD and Building Site E •City staff received one comment back from representation at Bank of America •Expressed no concerns regarding proposed amendments, but want notification should developer apply for proposed car wash •Only concerns are about the appearance of the car wash from nearby streets and Bank of America •Planning Commission held public hearing on May 14, 2020 via Webex •Representatives of Applicant, including Attorney Matthew Wolf, Frank Gatlin, Park McMillan, and representative of proposed car wash, Matt Durand, were present •No other comments/concerns from the public were received 14 Summary (Cont.) •Commissioners asked questions of the representatives present and noted concerns regarding location of proposed car wash (Building Site E), as it is next to Shingle Creek •Property Owner Frank Gatlin clarified the exposed portion of Creek is day lit and majority of Creek has been diverted through channel under shopping center parking lot •Other concerns included general operation of car wash with traffic and noise •Commissioners agreed a car wash is needed in City, but there would be emphasis on appearance of car wash and potential impacts to adjacent roadways/businesses •Planning Commission unanimously recommended (7‐0) approval of request to amend Shingle Creek Crossing PUD and update building/site configuration for Building Site E 6/25/2020 8 15 Findings of Fact •Similar to findings under past amendments, updating and easing of restrictions on uses within the Shingle Creek Crossing PUD and revisions to Building Site E will allow property owner more opportunities to appeal to potential tenants and developers •Proposed amendments to uses are generally in line with uses allowed by right or through special use within underlying C2 District •Updating of Building Site E addresses current need to overall PUD plans due to interested developer •Updating of Building Site E will not impede normal and orderly development and proposed improvements in PUD, and will hopefully facilitate further build out of eastern edge of PUD •Updating of Building Site E will not be injurious to use and enjoyment of other uses in PUD nor pose a threat or danger to public •Updating of Building Site E to potential car wash will be cognizant of and provide adequate measures to maintain and provide suitable access and parking to/from the site. 16 Recommendation Motion to adopt a resolution to approve Planning Commission Application No. 2020‐002 for Amendment No. 9 to the 2011 Shingle Creek Crossing Planned Unit Development, based on the findings of fact and submitted documentation, as amended by the conditions of approval in the resolution. Council Regular Meeng DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:Dr. Reggie Edwards, Deputy City Manager BY:Barb Suciu, City Clerk SUBJECT:Appointments to Commissions Background: There are several City Commission's have vacancies on them as well as residents that are serving un0l not appointed. Here is a list by commission, with the number of true vacancies, number of current expired terms, names of commissioners that have expressed interest in con0nuing to serve, and the names of residents that have applied to serve. Financial Commission 1 vacancy 2 Expired Terms Budget Issues: - None Strategic Priories and Values: Enhanced Community Image, Safe, Secure, Stable Community, Opera0onal Excellence ATTACHMENTS: Descrip0on Upload Date Type Commission Status 6/3/2020 Backup Material Powerpoint 6/25/2020 Presenta0on Number of True Vacancies:1 Expired Terms:2 Names of commissioners wanting to serve: Dean Van Der Wert Names of Applicant's: Tim Willson Emmanuel Kpaleh Kellie Hmong Lindsay Cremona Number of True Vacancies:1 Expired Terms:3 Names of commissioners wanting to serve: Kathie Amdahl Names of Applicant's: Elizabeth Riel Lindsay Cremona Number of True Vacancies:1 Expired Terms:4 Names of commissioners wanting to serve: Gail Ebert Names of Applicant's:Tanisha Lungelow Writhers Nyenie-Wea Number of True Vacancies:0 Expired Terms:6 Names of commissioners wanting to serve: Randall Christensen Alex Koenig John McMillan Stephen Schonning Rochelle Sweeney Susan Tade Names of Applicant's: Laura Vang Sizi Goyah Alfreda Daniels Joanne Riel Number of True Vacancies:0 Expired Terms:2 Names of commissioners wanting to serve: Names of Applicant's: Financial Commission Housing Commission Park & Recreation Commission Planning Commission Sister City Commission 6/25/2020 1 Commission Appointments City Council Meeting, June 8, 2020 Mayor Elliott Financial Commission 2 VACANCY‐1RE‐APPOINTMENTS ‐1 Emmanuel Kpaleh Dean Van Der Werf 6/25/2020 2 3 Housing Commission VACANCY ‐1RE‐APPOINTMENTS ‐3 Lindsay Cremona None at this time 4 Park & Recreation Commission VACANCY ‐1RE‐APPOINTMENTS ‐3 Tanisha Lungelow None at this time 6/25/2020 3 Planning Commission 5 VACANCY ‐0RE‐APPOINTMENTS ‐6NEW APPOINTMENTS REMOVE FROM  COMMISSION John MacMillan Kellie Hmong Randall Christensen Stephanie Jones Stephen Schonning Alfreda Daniels Rochelle Sweeney Sizi Goyah Susan Tade Cable Commission 6 Darryl Sannes Reappointed Economic Development Authority VIRTUAL meeting being conducted by electronic means in accordance with Minnesota Statutes, section 13D.021 Public portion available for connection via telephone Dial: 1-312-535- 8110 Access Code: 801 615 321 June 8, 2020 AGENDA 1.Call to Order The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the entrance of the council chambers. 2.Roll Call 3.Approval of Consent Agenda The following items are considered to be routine by the Economic Development Authority (EDA) and will been acted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a.Approval of Minutes - Approve minutes from the May 11, 2020 EDA Meeting 4.Commission Consideration Items a.Resolution Approving a Preliminary Development Agreement with C Alan Homes LLC - Motion to approve a resolution adopting a Preliminary Development Agreement between the Economic Development Authority of Brooklyn Center and C Alan Homes LLC 5.Adjournment Economic Development Authority DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:N/A BY:Barb Suciu, City Clerk SUBJECT:Approval of Minutes Background: I n accordance with Minnesota State Statute 15.17, the official records of all mee6ngs must be documented and approved by the governing body. Strategic Priories and Values: Opera6onal Excellence ATTACHMENTS: Descrip6on Upload Date Type 5-11-2020 EDA Minutes 6/2/2020 Backup Material 05/11/20 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 11, 2020 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to order by President Mike Elliott at 8:27 p.m. The meeting was conducted via Webex. 2. ROLL CALL President Mike Elliott and Commissioners Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were Executive Director Curt Boganey, Community Development Director Meg Beekman, and City Attorney Troy Gilchrist. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Ryan moved and Commissioner Graves seconded to approve the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. March 9, 2020 – Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2020-XX APPROVING THE ACQUISITION OF CERTAIN PROPERT LOCATED AT 7015 KYLE AVENUE N Community Development Director Meg Beekman reviewed the proposed acquisition of a single- family residential property at 7015 Kyle Avenue N that is currently occupied and was built in 1965. The property is zoned R-5 multi-family housing. The property is adjacent to St. Alphonsus Church on the north and east, and vacant EDA property to the west and south. The total acquisition price of $245,000 includes the purchase price of $240,000 and $5,000 for moving expenses. The seller can remove any items from the property and leave unwanted items in the home. If approved closing would take place on September 1, 2020. 05/11/20 -2- DRAFT Ms. Beekman stated, if approved, this will be a developable property when combined with the 2 adjacent EDA-owned lots. She added City Staff have had discussions with St. Alphonsus Church staff regarding potential uses of the property, and this is in its early stages. Commissioner Ryan asked whether the size of the parcel would make it suitable for one of the proposed triplex developments discussed during the Work Session. Ms. Beekman stated that could be a possibility, but this parcel is not being considered by that developer. She added it is advisable to have further discussions with St. Alphonsus Church before any decisions are made about the future use of the property. She noted medium to high- density residential use would be appropriate for the site. Commissioner Ryan moved and Commissioner Graves seconded to adopt RESOLUTION NO. 2020-__ Approving the Acquisition of Certain Property located at 7015 Kyle Avenue N. Motion passed unanimously. 4b. RESOLUTION NO. 2020-XX ADOPTING A SMALL BUSINESS EMERGENCY FORGIVABLE LOAN PROGRAM Ms. Beekman reviewed a proposed small business loan program, which the City Council discussed at length at their recent Work Session. She provided a review of the background leading to consideration of this loan program. She stated small businesses have been the most affected by business closures due to the peacetime emergency and “stay at home” order, and in particular, small businesses owned by women and minorities. She added State and Federal programs have been initiated to provide support for small businesses, but there are significant barriers for funding. She noted Brooklyn Center City Staff have made efforts to support small businesses, including outreach and engagement with local community organizations, as well as direct contact with local small businesses to offer staff assistance. Ms. Beekman stated cities are creating programs to fill the gap. She added Hennepin County recently added a support program for small businesses, structured similarly to the program that Brooklyn Center is considering. She noted the Brooklyn Center’s program will provide immediate emergency funds in the form of a maximum $3,000 forgivable no-interest loan with no payments for 1 year. Ms. Beekman stated, after additional consideration, City Staff has added a $30 fee to help cover administrative costs. She added applications would be open on May 5, 2020 and would be reviewed on a first come, first served basis, with approval based on whether eligibility requirements are met. She noted the program would remain open until the funds are expended or the EDA decides to terminate the program. Ms. Beekman stated City Staff recommends that the program be funded with $150,000 from the EDA fund. She added the City has contracted with consulting firms, including ACER, to facilitate this loan program, and they have provided suggestions related to reporting and tracking of demographics. She noted they are very supportive of the program. 05/11/20 -3- DRAFT Ms. Beekman stated City Staff recommends approval of the Resolution adopting a small business emergency forgivable loan program. Commissioner Graves asked whether City Staff could provide updates for the City Council if there are many businesses who apply for loans but are ineligible. She added she is in favor of this program. She expressed her appreciation for Ms. Beekman and City Staff, for their hard work and fast turn-around, and for working collaboratively to put this together. Commissioner Butler stated she supports the program. She thanked City Staff for being reactive to what is going on in the community. She expressed her appreciation for the efforts of City Staff and the work they do on behalf of the community. Commissioner Ryan thanked Ms. Beekman and City Staff for their hard work on this program. He urged Commissioners to reach out to legislators regarding availability of this type of funding, as the economic situation will exceed anything that the City itself can handle alone. President Elliott stated other cities around the country have added a mentorship component. He added they have been able to find retired people and others who serve as mentors for small businesses in this difficult time. He noted that is not included in tonight’s proposed Resolution but could be considered. He noted this program will do a lot to uplift local businesses. Commissioner Graves stated she likes the idea of a mentorship component. She added, however, the community partners will provide technical assistance and support. She noted she supports the involvement of the community partners. Commissioner Graves moved and President Elliott seconded to adopt RESOLUTION NO. 2020- XX Adopting a Small Business Emergency Forgivable Loan Program. Motion passed unanimously. 5. ADJOURNMENT Commissioner Graves moved and President Elliott seconded adjournment of the Economic Development Authority meeting at 9:04 p.m. Motion passed unanimously. Economic Development Authority DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:Meg Beekman, Community Development Director BY:Jimmy Loyd, Economic Development Coordinator SUBJECT:Resolu,on Approving a Preliminary Development Agreement with C Alan Homes LLC Background: On May 11, 2020 C Alan Homes' concept plan was presented to the City Council for Concept Review. The proposal was to develop two separate sites along Brooklyn Boulevard into 13 triplex units. The proposal included combining 8 EDA-owned lots into two separate development sites to allow for the development. One site would be on the 6000 block of Brooklyn Boulevard south of 61st Avenue N and the second would be north of 694, just north of Slim's restaurant. Background The EDA has been acquiring single family and undersized parcels along Brooklyn Boulevard for many years as part of a larger strategy to improve safety by reducing and consolida,ng access points, and to assemble land for redevelopment into high density land uses. The 2040 Comprehensive Plan created an overlay district along the corridor and re-guided most of the future land uses to neighborhood mixed use; allowing medium density residen,al and/or neighborhood-serving commercial uses. The 2040 Plan also called for a comprehensive land use study for the corridor to coincide with the road reconstruc,on plans as well as to create development standards that would create a more walkable, neighborhood-oriented development pa?ern. The Brooklyn Boulevard land use study is underway, and a market analysis of the area in terms of feasible land uses has been completed. One of the goals of the study is to look at the EDA-owned sites, par,cularly those that are only as deep as a single family lot to determine how they could be redeveloped in a way that puts them back into produc,ve use for the City. The EDA currently owns four proper,es located at the southwest corner of 61st Avenue North and Brooklyn Boulevard, which total 1.55 acres. The EDA also owns four proper,es on the west side of the 6900 block of Brooklyn Boulevard that total .88 acres in size. The parcels were acquired between 1995 and 2018. 6000 Block 6900 Block The market analysis for these sites found that a mid-density residen,al product such as row-homes or townhomes would be suitable for the sites, and that given their access constraints they were likely not suitable for retail. The market analysis did find that an office condo product could also be suitable for the sites, but that that market would not bear a specula,ve office development. Development Plan The City has been approached by Terry Robertson and Curt Brekke with C Allan Homes, a local builder and remodeling company specializing in high-end single family homes. Mr. Robertson and Mr. Brekke are interested in diversifying the focus of C Allan Homes and are seeking to develop both sites with a series of tri-plexes which would be available for rent. Each tri-plex would consist of three units with two and three bedrooms. An,cipated rents would range between $1,300/month up to $1,750 per month. They have indicated that each building would have the look and feel of a large, high quality single family home, with a combina,on of individual and shared on-site ameni,es. I ni,al renderings of the proposed tri-plexes are a?ached, as well as a narra,ve from the developer describing their project in more detail and site plans for each site. As this is a concept review, the submi?ed documents are early representa,ons of the project and have not been reviewed in detail by staff. The applicant is not seeking financial subsidy for the development. If the project were to proceed a purchase agreement would need to be nego,ated and purchase price for the land determined. Staff Review Staff was able to provide an ini,al review of the concept which did not indicate any significant issues. Any formal development proposal will be required to meet all stormwater standards as well as ingress/egress and parking requirements. The project will also be required to conform to the design plans for the future reconstruc,on of Brooklyn Boulevard. Conformance with City Policies The EDA has been acquiring property along Brooklyn Boulevard for decades with the intent of assembling it for higher and be?er use as the transporta,on and land use pa?erns of the corridor change. Brooklyn Boulevard is undergoing a complete reconstruc,on which will have an effect on the land use pa?erns as access points are consolidated and the roadway is altered. With the adop,on of the 2040 Comprehensive Plan, the City adopted new future land use designa,ons for much of the Brooklyn Boulevard corridor, which included a new future land use designa,on of “Neighborhood Mixed Use (N-MU).” The NMU future land use designa,on contemplates an allowance of a mix of medium density residen,al and/or commercial uses on a given site depending on its loca,on along the corridor. For example, commercial uses, with a possible mix of housing, will likely converge around primary, signalized intersec,ons, which offer be?er access and visibility; while medium density residen,al uses will make up the balance between these primary nodes. The proposed development project is in keeping with the goals of the corridor, is consistent with the adjacent single family development, and provides a highest and best use for the affected EDA proper,es, some of which have been held by the City for many years. Next Steps ALer reviewing the concept proposal the City Council indicated an openness to the project. The developer is now reques,ng a Preliminary Development Agreement to allow them ,me to conduct a review of the property, obtain financing for the project, prepare appropriate plans, obtain necessary City approvals for the development, and nego,ate with the EDA on an agreement for the sale of the Property. The Preliminary Development Agreement would expire on December 31, 2020. Once the PDA is executed, the next step would be for the developer to submit an applica,on for land use approvals, which would include preliminary and final plats of the two sites and rezoning to allow the triplexes. The EDA and developer will also need to nego,ate a purchase agreement for the property, which would also require a public hearing and approval from the EDA prior to execu,on. Budget Issues: There are no budget issues to consider at this ,me. Strategic Priori$es and Values: Targeted Redevelopment ATTACHMENTS: Descrip,on Upload Date Type C Alan PDA 6/3/2020 Backup Material Triplex Architectural Plans 6/3/2020 Backup Material Triplex Eleva,on 6/3/2020 Backup Material 6000 Block Aerial 6/3/2020 Backup Material 6000 Block Site Plan 6/3/2020 Backup Material 6000 Block Site Plan 6/3/2020 Backup Material 6900 Block Aerial 6/3/2020 Backup Material 6900 Block Site Plan 6/3/2020 Backup Material Resolu,on 6/3/2020 Resolu,on Le?er 638311v1BR305-1 PRELIMINARY DEVELOPMENT AGREEMENT This PRELIMINARY DEVELOPMENT AGREEMENT dated this _____ day of _________, 2020, by and between the Economic Development Authority of Brooklyn Center, a Minnesota body corporate and politic, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 (the “Authority”) and C Alan Homes LLC, a Minnesota limited liability company, 5215 Terraceview Lane No., Plymouth, MN 55446 (the “Developer”). WHEREAS, the Authority is the fee owner of property located in the City of Brooklyn Center (the “City”) at 6045, 6037, 6031, 6025, 6939, 6933, 6927, and 6921 Brooklyn Boulevard (the “Property”) which Property the Authority is willing to consider selling for purposes of development of 13 three bedroom triplexes (the “Development”); WHEREAS, the Developer desires to explore the possibility of acquiring the Property for development of the Development; WHEREAS, the Authority’s Board of Commissioners has reviewed the Development concept and is interested in development of the Property as proposed by the Developer; WHEREAS, if the Developer is successful in obtaining the necessary financing and commitments to construct the Development and agrees to construct the Development, then the Authority would be willing to enter into an agreement with the Developer for the conveyance of the Property and construction of the Development at a mutually agreed upon price together with other negotiated conditions for conveyance of the Development Property; WHEREAS, the Developer has requested that the Authority execute this Preliminary Development Agreement (“PDA”) agreeing to work solely with the Developer during the term hereof on negotiations for acquisition of the Development Property by the Developer to provide the Developer with time to conduct review of the Development Property, obtain financing for the proposed Development, prepare appropriate plans for the Property, obtain necessary City approvals for the Development, and negotiate with the Authority on an agreement for the sale of the Development Property; WHEREAS, the Authority is willing to enter into this PDA for such purposes upon the terms and conditions provided herein. NOW THEREFORE the parties agree as follows: 1. In consideration of the processing of the Development under the terms of this PDA, the Authority agrees that it will negotiate and work solely with the Developer on negotiations for sale of the Property to the Developer for the Developer’s proposed Development until December 31, 2020 (“Term”). Further, the Authority agrees to cooperate with the Developer or a successor in evaluating any development proposal submitted by the Developer, including whether any public financial assistance is warranted in connection with that effort. 2. During the Term of this PDA, Developer agrees to use its best efforts to: 638311v1BR305-1 2 a. complete site planning and site engineering; b. complete architectural concept plans; c. submit applications, and receive all necessary City approvals related to the subdivision and development of the Development Property; d. secure construction financing necessary to construct a project consistent with the terms of this PDA; e. negotiate a Contract for Private Development for acquisition and development of the Development Property and construction of an approved Development. 3. During the Term of this PDA, the Developer and the Authority agree to use their best efforts to resolve property acquisition issues related to the Development Property and to attempt to bring fruition to the proposed Development through a Contract for Private Development for conveyance of the Property and development of the Development Property; provided, however, that the Developer acknowledges that the Authority will not exercise the power of eminent domain with respect to the acquisition of any property in connection with the Development or this PDA. 4. The Developer may assign this PDA to an affiliate controlled by or under common control by the Developer or to an Authority approved successor upon written notification and approval by the Authority. 5. The Developer will provide the Authority with a written progress report on the status of the goals identified in Paragraphs 2 and 3 every 90 days following the date of this PDA. 6. This PDA represents the entire understanding of the parties regarding the Development Area and any amendment to this PDA shall be in writing and be executed by both parties. 7. Both parties are aware of and acknowledge that contingencies and unknowns presently exist, any one or more of which could make the Development cost prohibitive, and that both parties are expending sums of money and time with full knowledge of the risks involved and that neither party shall be liable for any of the other party’s expenses in any event, except (i) as otherwise provided pursuant to a separate agreement between the parties, (ii) in connection with an application for a public subsidy, or (iii) pursuant to required fees or costs related to applications made to the City or under the City Code. 8. The parties agree that this PDA is not intended to bind the parties to enter into an agreement for the sale and acquisition of the Property, but is merely intended to set forth the parties’ intent to proceed with the process of (i) negotiating an agreement for the sale of the Development Property and development of the Development Property and (ii) resolving certain pre-development issues related to the Development Property and Development. 9. No approval given by the Authority hereunder or in connection herewith shall be deemed to constitute an approval of the Development for any purpose other than as stated herein and the process outlined in this Agreement shall not be deemed to supersede any concept review, conditional use permit, vacation, subdivision, or other zoning or planning approval process of the Authority or the City relative to the development of real estate. 638311v1BR305-1 3 10. This PDA may be amended by mutual written agreement of the parties. 11. This Agreement may be terminated by the Developer at any time. The Authority may terminate this Agreement upon 30 days prior notice and opportunity to cure if it reasonably determines that the Developer is not using its best efforts to progress the Development and bring it to fruition. In either case, notice to terminate shall be provided in writing to the other party. 12. If any portion of this Agreement is held invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement. 13. Notice, demand, or other communication from one party to the other shall be deemed effective if sent by certified mail, postage prepaid, return receipt requested or delivered personally to a party at its address in the first paragraph of this Agreement, or at such other address as such party may designate in writing to the other party. 14. The Authority and the Developer agree that this Agreement is intended to be preliminary in nature and will be superseded by one or more definitive contracts, mutually satisfactory to the Authority and the Developer, which shall be negotiated, approved and executed by the Authority and the Developer and no obligation regarding the conveyance of property or provision of any Public Subsidy shall exist with respect to the Development prior the approval and execution of such definitive contract(s). 638311v1BR305-1 4 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA By__________________________________ Its President By__________________________________ Its Executive Director C ALAN HOMES LLC By__________________________________ Its _________________________________ Commissioner _________________ introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2020-____ RESOLUTION APPROVING A PRELIMINARY DEVELOPMENT AGREEMENT WITH C ALAN HOMES LLC WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the “Authority”) has received a proposal from C Alan Homes LLC, a Minnesota limited liability company (the “Developer”) regarding the development of land owned by the Authority for the construction of 13 three bedroom triplexes, which proposal contemplates the Authority's conveyance of the property located at 6045, 6037, 6031, 6025, 6939, 6933, 6927, and 6921 Brooklyn Boulevard (the “Authority Property”) to the Developer; and WHEREAS, the Authority’s Board of Commissioners has reviewed the Developer’s development concept and has caused to be prepared a Preliminary Development Agreement to allow the Developer to negotiate the purchase of the Authority Property, conduct due diligence, and obtain the necessary financing and commitments to construct the development; and NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority of Brooklyn Center, Minnesota (the “Board”), as follows: 1. The EDA hereby approves the Preliminary Development Agreement substantially in accordance with the terms set forth in the form presented to the Board, together with any related documents necessary in connection therewith (collectively, the “Preliminary Development Documents”) and hereby authorizes the President and Executive Director to negotiate the final terms thereof and, in their discretion and at such time as they may deem appropriate, to execute the Preliminary Development Documents on behalf of the Authority, and to carry out, on behalf of the Authority, the Authority’s obligations thereunder. 2. The approval hereby given to the Preliminary Development Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the Authority and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the Authority. The execution of any instrument by the appropriate officers of the Authority herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of the officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the Board by any duly designated acting official, or by such other officer or officers of the Board as, in the opinion of the City Attorney, may act in their behalf. 3. Upon execution and delivery of the Preliminary Development Documents, the officers and employees of the Authority are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the Authority to implement the Preliminary Development Documents. Resolution No. 2020-________ 4. The Board hereby determines that the execution and performance of the Preliminary Development Documents will help realize the public purposes of the Economic Development Authority Act. _________________________ _________________________________ Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner 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/EDA Work Session VIRTUAL meeting being conducted by electronic means in accordance with Minnesota Statutes, section 13D.021 Public portion available for connection via telephone Dial: 1-312-535- 8110 Access Code: 801 615 321 June 8, 2020 AGENDA ACTIVE DISCUSSION ITEMS 1.Revisions to Tobacco Regulations PENDING LIST FOR FUT URE WORK SESSIONS 1.Pending Items Strategic Plans for years 2018-2020 and 2021-2023 Discussion of Mayor/City Council roles & responsibilities (CommonSense Inc.) Beautification & Public Art Master Plan MEMORANDUM - COUNCIL WORK SESSION DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:N/A BY:Curt Boganey, City Manager SUBJECT:Revisions to Tobacco Regulations Recommendation: - Receive the report from Smoke-Free America regarding tobacco product regulations and provide staff direction. Background: Emily Anderson and Jess Nolan have requested an opportunity to make a presentation to the City Council regarding potential regulations to tobacco sales. The Council received a report from the City Manager regarding this request at the last City Council Meeting. (excerpt attached). The Council directed staff to invite representative of Smoke-Free America to present at the June 8th Council meeting. Policy Issues: Does the Council require additional information regarding the information presented by Smoke Free America? Is it in the public interest to adopt additional regulations involving tobacco sales as proposed by Smoke Free America? What additional tobacco regulations should the City Council consider adopting? Strategic Priorities and Values: Safe, Secure, Stable Community ATTACHMENTS: Description Upload Date Type Excerpt.minutes 6/2/2020 Cover Memo Powerpoint 6/5/2020 Presentation REPORT TO CITY COUNCIL REGARDING TOBACCO REGULATIONS Mr. Boganey stated at the City Council’s last meeting, Councilmember Ryan made a request for City Staff to review new regulations regarding tobacco use and provide additional information, and potentially schedule a work session to discuss this issue. He added he spoke with advocates who are requesting City Council consideration of amendments to the City’s tobacco Ordinances, related to the pricing of tobacco and other flavored and menthol tobacco currently being sold in Brooklyn Center. He noted information related to other communities who have taken similar action has been provided for the City Council’s review. Mr. Boganey stated they indicated they have significant substantive documentation and information to present to the City Council regarding why they believe these changes should be made. Mr. Boganey requested the City Council’s consideration of a Work Session. Mr. Ryan stated they have indicated a concern regarding the use of coupons for purchasing tobacco products, especially cheap cigars, as well as concerns about flavored tobacco and smokeless tobacco. He added they expressed concerns about vaping, which should perhaps be set aside until more facts and information are available and vaping can be fully addressed. Mayor Elliott stated this discussion could be added to the City Council’s next work session. Councilmember Graves stated she would like to review this issue at a Work Session. She asked whether there is research available regarding unintended consequences of this type of legislation, in terms of losses for small businesses in the community. She added she has heard from gas station owners who were grateful that the City did not go any further than increasing the age of purchase and banning sales of flavored tobacco in tobacco stores. She noted she understands the health benefits of reducing tobacco use but stressed the importance of learning about the potential community impact on businesses and families on a micro level. Mr. Boganey stated he had a robust discussion about these types of issues with them, and what would be the unintended consequences to businesses. He added they indicated there is data to suggest that the restrictions enacted in other communities did not cause the dire economic consequences that were expected by small business owners. Mr. Boganey stated he also discussed the fact that an increase in prices of these types of products will negatively affect people who are addicted to tobacco, and these are generally the people who can least afford the cost increases. He added they indicated they will be prepared to make their case at a Work Session. Brooklyn Center City Council June 8, 2020 Emily M. Anderson, Director of Policy The Association for Nonsmokers-Minnesota (ANSR) is a nonprofit organization dedicated to reducing the human and economic costs of tobacco use in Minnesota. Our core commitments are to reduce the number of young smokers and to continuously advocate for the rights and health of nonsmokers. »Tobacco Use and Regulations: Today vs. 2018 »Two policy initiatives: ⋄Flavored/Menthol Tobacco⋄Price Discounting Agenda Youth Tobacco Use -MN 2017 Brooklyn Center’s Tobacco Regulations: 2014-2018 »First city in the state to set a minimum price for cigars at $2.10. Since then many MN communities have also set a minimum price for cigars. »Raised the tobacco sales age to 21 and restricted where e-cigarettes and other vaping products could be sold. »Put a cap on the total number of tobacco licenses. Brooklyn Center: Ahead of the Curve »State leader on minimum cigar pricing. »Increased the tobacco sales age to 21 before federal and state law did the same. Tobacco Regulations: 2020 What’s different? »Tobacco 21 is now federal and state law »There are some new, temporary federal restrictions on flavored vaping products. What’s the same? »Flavored and menthol tobacco is largely unregulated »Many types of flavored vaping products are still available Tobacco 21 is Now the Law of the Land. Gov. Walz Signs T21 Law Minnesota Tobacco 21 Flavored Products Temporarily Unavailable Mango Cucumber Creme’ Fruit Mint, Classic Tobacco, Virginia Tobacco, Menthol Federal flavor restriction -These e-cigarette flavors are not includedin the temporary ban. Disposable flavored e-cigarettes Source: Campaign for Tobacco-Free-Kids-1/20 15,000+ flavored e-liquids Popular open systems including refillable Juul- compatible pods Juul and other menthol-flavored pods Tobacco Regulations: What’s left? Price AgeFlavors PRICE AGEFLAVORS Flavored Tobacco Flavored Tobacco and Youth What can communities do? What about menthol... •Is a chemical compound extracted from the peppermint or corn mint plant or created synthetically. •Has anesthetic or numbing qualities. •Is used to relieve throat irritation and produces a cooling feeling. Menthol is used as an additive in nearly all cigarettes to make them more palatable, but only some are promoted as menthol-flavored cigarettes. MN Youth Tobacco Survey, 2014 Source: Fallin, Goodin, King (2015). Menthol cigarette smoking among lesbian, gay, bisexual, and transgender adults. Am J Prev Med. African Americans Use Menthol More Other Racial/Ethnic Groups Smoking Incidence from NHIS 2009; menthol preference from NSDUH 2009; Giovino GA, Villanti AC, Mowery PD, et al. Differential trends in cigarette smoking in the USA: Is menthol slowing African Americans Adult Smokers Who Use Menth Menthol = Harder to Quit •Menthol increases nicotine absorption, leading to greater dependence. •Among high school smokers, those who smoke menthols are more likely to smoke within one hour of waking and more likely to report cravings compared to high school smokers of non-menthols. Wackowski & Delnevo, 2007. Menthol cigarettes and indicators of tobacco dependence among adolescents. Addictive Behaviors, 32(9), 1964-1969. Percent of Smokers Who Quit Gandhi et al, (2009). Lower quit rates among African American and Latino menthol cigarette smokers at a tobacco treatment clinic. Int J Clin Pract. Menthol: Tobacco Industry Targeting •There is sufficient research to confirm that tobacco companies targeted youth, women, and African Americans with menthol marketing •Research also suggests that tobacco companies targeted Latinos, Asians, and Hawaiian/Pacific Islanders TPSAC Report “We don’t smoke that s_ _ _. We just sell it. We reserve the right to smoke for the young, the poor, the black and stupid.” RJ Reynolds Executive, 1971 R.J. Reynolds executive’s reply when asked why he didn’t smoke according to Dave Goerlitz, lead Winston model for seven years for R.J. Reynolds.] Giovanni, J, “Come to Cancer Country; USA; Focus,” The Times of London, August 2, 1992. 1975 2015 Sources: http://tobacco.stanford.edu/Sources: http://tobacco.stanford.edu/ and t i k t dt h 2004Source: www.trinketsandtrash.org 2004Source: www.trinketsandtrash.org Targeting started in 1960s with these five approaches: 1.Collect data about Black consumers 2.Use mobile marketing vans 3.Develop special promotions for inner city tobacco retailers 4.Engage with local Black organizations to improve corporate image 5.Advertise in Black magazines Yerger et al. (2007) If menthol were banned… •Of MN Adults who smoke menthol, about half said they would quit smoking if menthol cigarettes were no longer sold in the United States. (MATS, 2014) The Price of Tobacco A $1.50 per pack increase would: ○Keep 15,900 Minnesota kids from becoming addicted adults ○Decrease youth smoking by 15 percent ○Help 26,600 current smokers to quit ○Save 11,500 Minnesotans from premature smoking-related deaths ○Prevent almost $900 million dollars in long-term health care costs Increasing the price of tobacco will prevent kids from smoking, help smokers quit and save lives. WHAT IS PRICE DISCOUNTING? •Tobacco products are reduced to a lower price through coupons and in- store price promotions. •Tobacco companies use various marketing strategies to keep prices low for consumers. WHAT ABOUT PRICE? “A high cigarette price, more than any other cigarette attribute, has the most dramatic impact on the share of the quitting population...price…is the main driving force for quitting.” -Philip Morris Executive, 1993 HOW MUCH DOTOBACCO COMPANIES SPEND ON DISCOUNTING? •Companies spend the vast majority of their marketing budget on price discounting. •In 2017, tobacco companies spent $8.2 billion •(87% of total marketing budget) on price discounting •That is more than $1 million per hour or $18,000 per minute! WHAT HAPPENS AT THE RETAIL LEVEL? •Tobacco companies work with retailers and wholesalers to offer in-store specials •Examples: •Buy-one-get-one free or multipack discounts •Cents-or dollars-off promotions HOW DO PEOPLE RECEIVE COUPONS? •Emails that direct you to websites •Mail •Phone apps •In-store or at events/bars When coupons are redeemed, retailers are reimbursed by tobacco companies WHAT IS THE IMPACT OF TOBACCO COUPONS? Among Minnesota smokers, about 50% have used coupons or promotions in the past year to save money on cigarettes. Choi, et al. (2013). Receipt and redemption of cigarette coupons, perceptions of cigarette companies and smoking cessation. Tobacco Control; 22(6): 418-22. MN young adult nonsmokers who receive tobacco coupons are twice as likely to becomes smokers. Sources: Choi & Forster (2014). Frequency and Characteristics Associated with Exposure to Tobacco Direct Mail Marketing and Its Prospective Effect on Smoking Behaviors among Young Adults from the US Midwest. American Journal of Public Health; 104(11), 2179-2183. White, et al. (2006). Cigarette promotional offers: Who takes advantage? Am J Prev Med; 30(3):225–231. ARE COUPONS EFFECTIVE? A third of adult smokers use tobacco coupons or discounts every time they see one. HOW DO TOBACCO COUPONS WORK? Original price: $19.98 for 2 packs Discounted Price: $2.00 for 2 packs HOW DO DISCOUNTS IMPACT USE? •Coupons foster nicotine addiction in young smokers and keep heavy smokers addicted. •Minnesota adult smokers who redeemed cigarette coupons were much less likely to quit smoking than those who didn’t use coupons. Sources: Henriksen, et al. (2012). DOI: 10.1093/ntr/ntrl22, Choi, et all. (2012). DOI: 10.1093/ntr/ntr300Choi, K. & Forster, J. Tobacco Direct Mail Marketing: Frequency, Content, and Prospective Effect on Smoking Behaviors of Young Adults. WHAT IMPACT WOULD REGULATION HAVE? •Studies have shown that a $10 per-pack retail price and regulating discounts could result in: ✔637,270 fewer smokers aged 12-17 years ✔4,186,954 fewer smokers aged 18-25 years ✔7,722,460 fewer smokers aged >26 years Source: Marynak, et al. (2016). DOI: 10.1177/0033354916662211 Cost of Tobacco Regulations Cost of Tobacco Regulations The COST of Tobacco Questions? Emily M. Anderson, MA Association for Nonsmokers-MN emily@ansrmn.org MEMORANDUM - COUNCIL WORK SESSION DATE:6/8/2020 TO:City Council FROM:Curt Boganey, City Manager THROUGH:N/A BY:Curt Boganey, City Manager SUBJECT:Pending Items Recommendation: Strategic Plans for years 2018-2020 and 2021-2023 Discussion of Mayor/City Council roles & responsibilities (CommonSense Inc.) Beautification & Public Art Master Plan Background: