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HomeMy WebLinkAbout2002 10-14 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION October 14, 2002 6:00 P.M. Council Commission Conference Room 1. City Council discussion of agenda items and questions 2. Miscellaneous 3. Adjourn { i ® AMENDED CITY ** CITY COUNCIL MEETING City of Brooklyn Center October 14, 2002 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. • 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. 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 - Council Members not present at meetings will be recorded as abstaining from the vote on the minutes. 1. September 23, 2002 - Special Session 2. September 23, 2002 - Study Session b. Licenses C. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees • �C X • AMENDED CITY COUNCIL AGENDA -2- October 14, 2002 i d. Resolution Approving Final Plat, DOUGLAS METAL SPECIALTIES e. Resolution Authorizing the Conveyance of City Owned Parcels to the Minnesota Department of Transportation f. Resolution Amending Special Assessment Levy Roll Nos. 15382 and 15383 to Provide for the Deferment of Special Assessments g. Resolution Amending Special Assessment Levy Roll Nos. 15380 and 15381 to Provide for the Deferment of Special Assessments h. Resolution Establishing Improvement Project No. 2002 -19, Palmer Lake /Shingle Creek Trail Reconstruction, and Naming Fiscal Agent for Administration of Grant Funds Received Through the Minnesota Department of Natural Resources National Recreational Trail Program i. Resolution Accepting Work Performed and Authorizing Final Payment for • Improvement Project No. 2001 -09, Contract 2001 -D, Exterior Finish Restoration Central Garage Campus 8. Public Hearings a. An Ordinance Amending Ordinance No. 2000 -10 Regarding Council Salaries for 2003 -2004 - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. b. An Ordinance Amending Chapter 34 of the City Ordinances Regarding Development Complex Signs - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 0 • * X AMENDED CITY COUNCIL AGENDA -3- October 14, 2002 C. An Ordinance Vacating Right of Way for Street Purposes, Humboldt Avenue from 59 Avenue North to 60 Avenue North -This item was first read on August 12, 2002, published in the official newspaper on August 21, 2002, and was offered for second reading and public hearing at the September 9, 2002, meeting, at which time was continued to September 23, 2002. On September 23, 2002, this item was continued to October 14, 2002. - Requested Council Action: -Re -open the public hearing. -Take public input. - Continue the public hearing to October 28, 2002. 9. Planning Commission Item a. Planning Commission Application No. 2002 -015 Submitted by Spectacular Electronic Advertising for a Planned Unit Development Amendment to Allow Signs at Brookdale Shopping Center to Exceed the Number, Height, Area and Display Features Authorized as Part of the Brookdale Planned Unit Development and the • Sign Ordinance. The Planning Commission recommended denial of this application at its September 12, 2002, meeting. - Resolution Regarding the Disposition of Planning Commission Application No. 2002 -015 Submitted by Spectacular Electronic Advertising (On Behalf of Brookdale Center) -Requested Council Action: - Motion to adopt resolution. 10. Council Consideration Items a. Proclamation Declaring October 21 Through October 25, 2002, National Business Women's Week - Requested Council Action: - Motion to adopt proclamation. b. Proclamation Declaring October 20 Through 26, 2002, To Be Administrative Services Week -Requested Council Action: - Motion to adopt proclamation. C. An Ordinance Vacating a Portion of a Street Right of Way: Xerxes Avenue North from 55 Avenue North to 300 Feet North of 56 Avenue North - Requested Council Action: - Motion to approve first reading and set second reading and public hearing on November 12, 2002. • X* AMENDED ** CITY COUNCIL AGENDA 4- October 14, 2002 * * d. Schedule Joint Meeting with the Charter Commission on October 23, 2002, 7:00 p.m. in the Council /Commission Conference Room -Requested Council Action: - Motion to set joint meeting with the Charter Commission on October 23, 2002, 7:00 p.m. in the Council /Commission Conference Room. 11. Adjournment • • City Council Agenda Item No. 7a • 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 SEPTEMBER 23, 2002 CITY HALL COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Tim Ricker, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, Consulting Engineer Scott Brink, Police Chief Scott Bechthold, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Mayor Kragness discussed that she had been contacted by a Planning Commission Member who was disappointed with the sign company regarding agenda item 9a, Planning Commission Application No. 2002 -015 Submitted by Spectacular Electronic Advertising for a Planned Unit Development Amendment to Allow Signs at Brookdale Shopping Center to Exceed the Number, Height, Area and Display Features Authorized as Part of the Brookdale Planned Unit Development and the Sign Ordinance. Mayor Kragness questioned if the company in agenda item 7c, Resolution Approving Issuance of an On -Sale B Intoxicating Liquor License to In Good Taste Company dba/Brooklyn Inn Best Western was an established company. Police Chief Scott Bechthold informed the Council that a background check was completed and that the company is established. Councilmember Nelson voiced his opinion on the written language of the City Council Goals for 2003. Council discussed the Southwest area project and the land exchange with School District No. 286. REPORT ON POLICE TRAFFIC ENFORCEMENT AND OTHER ACTIVITIES Mr. Bechthold reported that the apartment calls are up three percent; part one crimes are down four • percent; part two crimes are up five percent; and traffic enforcement is up 36 percent from last year. 09/23/02 -1- DRAFT He updated the Council on the summer code enforcement sweep and informed that staff continues to • work with Brookdale and other community districts regarding a Business Watch Program; that the bike patrol conducted in 2002 went well; and that the part-time Community Service Officer (CSO) was hired to work on the Community Outreach Program. Councilmember Lasman asked if any of the CEAP or CDBG Funds allocated had been utilized. Mr. Bechthold informed the Council that 13 properties had been referred to programs. MISCELLANEOUS Mayor Kragness discussed the first annual Neighborhood Hook -Up event that involved the painting of a 106 year old home on Humboldt Avenue in Brooklyn Center. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the Study Session at 6:40 p.m. Motion passed unanimously. City lerk Mayor or Y 09/23/02 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 23, 2002 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum at 6:40 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, Consulting Engineer Scott Brink, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Marcella Spears, 5842 York Avenue North, addressed the Council to express her concerns with the • Xerxes Avenue beautification project and inform the Council that she would be in favor of concrete if the project, once complete, were not going to be maintained. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Ricker to adj ourn informal open forum at 6:45 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was offered. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 09/23/02 -1- DRAFT 4. ROLL CALL • Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, Consulting Engineer Scott Brink, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Peppe reported that he attended the Park and Recreation Commission meeting on September 17, 2002, and that the Park and Recreation Commission is discussing Central Park, a skate park, the land exchange with School District No. 286, and the idea of having a park highlighted in the City Watch Newsletter. Councilmember Nelson reported that he attended the Association of Metropolitan Municipalities meeting on September 11, 2002, and that the metropolitan cities are concerned with gas taxes. Mayor Kragness reported that on September 4, 2002, she attended the first annual Neighborhood Hook Up event that involved the painting of a 106- year -old home on Humboldt Avenue in Brooklyn Center; on September 17, 2002, she attended the first Pan African Business meeting; and on September 18, 2002, she attended the grand opening of the Read RX Program. Mayor Kragness discussed that the Curb Side Pick Up Event on September 14, 2002, went well and that the City of Brooklyn Center had approximately 460 tons of trash, 79.84 tons of scrap metal, and 1,500 appliances picked up. Mayor Kragness announced that the level three sex offender who was to be moving into Brooklyn Center was back in jail and that he would not longer be moving to Brooklyn Center at this time. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the minutes of September 9, 2002, study and regular sessions, and the September 11, 2002, special session. Motion passed unanimously. 09/23/02 -2- DRAFT • 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL White Bear Mechanical 2379 Leibel Street, White Bear Lake RENTAL Renewal: 5337 70 Circle Gary Bistodeau 5400 Sailor Lane Duane Christiansen Initial: 5618 Hillsview Road Nita Morlock 3319 Mumford Road William Coleman 5655 Northport Drive Cindy and Raymond Scherbing SIGNHANGER Crosstown Sign 16307 Aberdeen Street NE, Ham Lake 7c. RESOLUTION APPROVING ISSUANCE OF AN ON -SALE CLASS B INTOXICATING LIQUOR LICENSE TO IN GOOD TASTE COMPANY DBA/BROOKLYN INN BEST WESTERN RESOLUTION NO. 2002 -128 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF AN ON -SALE, CLASS B INTOXICATING LIQUOR LICENSE TO IN GOOD TASTE COMPANY DBA/BROOKLYN INN BEST WESTERN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7d. APPROVAL OF APPLICATION FOR TEMPORARY BEER LICENSE FROM THE ARTHRITIS FOUNDATION FOR AN EVENT ON SEPTEMBER 27, 2002, AT THUNDER ALLEY A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve application for temporary beer license from the Arthritis Foundation for an event on September 27, 2002, at Thunder Alley. Motion passed unanimously. • 09/23/02 -3- DRAFT 7e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE e REMOVAL OF DISEASED TREES RESOLUTION NO. 2002 -129 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7f. RESOLUTION APPROVING CHANGE ORDER NO. 3, IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2002 -130 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO.3, IMPROVEMENT PROJECT NOS. 2002- 05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY O IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7g. AN ORDINANCE VACATING A PORTION OF A STORM SEWER EASEMENT WITHIN LOT 20, BLOCK 1, BOBENDRIER'S 4TH ADDITION A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on October 28, 2002. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE VACATING RIGHT OF WAY FOR STREET PURPOSES, HUMBOLDT AVENUE FROM 59 AVENUE NORTH TO 60 AVENUE NORTH City Manager Michael McCauley still no agreement for an exchange C y g cCauley discussed that there is st e of land 1 g g with the School District and suggested that the Council re -open and continue the public hearing to the October 14, 2002, meeting. g 09/23/02 -4 DRAFT • A motion by Councilmember Lasman, seconded by Councilmember Nelson to re -open the Public Hearing. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Peppe to continue the Public Hearing to October 14, 2002. Motion passed unanimously. 8b. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2002 -05 AND 2002 -06, CONTRACT 2002 - B, GARDEN CITY SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2002 -05 AND 2002 -06, CONTRACT 2002 - B, GARDEN CITY SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION DEFERRING SPECIAL ASSESSMENTS FOR CITY PROJECTS 2002 -05 AND 2002 -06 AGAINST CERTAIN UNIMPROVED PROPERTY Mr. McCauley discussed that the Council adopted the assessment rolls for the Garden City South Neighborhood project at the September 9, 2002, meeting; however, staff had been directed not to certify the assessments to Hennepin County. This matter is being brought back to the Council for O further discussion and status of the project, additional public input if so desired by the Council, and for a motion on the certification of the resolutions certifying the assessment rolls. Mr. McCauley presented a PowerPoint presentation on the general policies and practices before having Consulting Engineer Scott Brink provide an overview of the project. Mr. Brink outlined the construction and timeline provided from the beginning of the overall project and informed the Council that as of September 23, 2002, the contractor was finishing up west of Xerxes Avenue with bituminous paving as early as September 24, 2002; and getting ready for sod east of Xerxes. Mr. Brink informed the Council that optimistically the sod would be installed by mid - October, if the contractor has no delays; however, with the previous sod problems, staff would like to make sure that the issue is dealt with correctly. Mayor Kragness welcomed the public to address the Council for public input on the project. Marta Schlavin, 5907 Upton Avenue North, addressed the Council expressing that she believes the viable solution to this matter is to extend the assessment period to mid - October or mid - November. 09/23/02 -5- DRAFT Jack Steller, 5835 Zenith Avenue North, addressed the Council to ask if the streetlights would be e replaced in his neighborhood. Mr. Brink informed the Council that the streetlights are part of the contract with Xcel Energy and that the streetlights will be replaced. Ernie Olson, 3200 61" Avenue North, addressed the Council to thank Mr. Brink for his overview of the project and answering his questions; and to express that he believes his assessment should be forgiven since there is no storm water replacement on his street. Chuck Koelblinger, 5931 York Avenue, addressed the Council to express that he does not believe the contractor is doing a good job with the grading and paving and that he is concerned about the thickness of the paving. He informed the Council that the work done on the cement aprons already have large cracks and that his yard has a mix of blacktop in his yard that he hopes will soon be removed. Mr. Koelblinger asked for a status on the project. Mr. Brink informed the Council that the contractor had asked for an extended completion date due to the extra work that was done at the request of the City, weather, and to deal with scheduling problems. At this time the proposed completion date is mid - October. City Attorney Charlie LeFevere discussed the interest free period for special assessments begins to run from the adoption of the assessment; therefore, the first day of the 30 days would be the day following the adoption of the assessment roll. On September 9, 2002, the Council adopted the resolution to certify the assessments with a motion directing staff not to certify the assessments on that date. Paul Johnson, 5843 Upton Avenue North, addressed the Council to inquire if the resolution regarding the approval of assessments adopted on September 9, 2002, would be amended. Mr. McCauley discussed that the resolutions approved could not be rescinded and asked Mr. LeFevere to comment. Mr. LeFevere informed the Council that if they wished to make a motion that the resolution be amended to not commence until a specific date without interest for 30 days from September 23, 2002, they could amend the date on the resolution already approved from October 1, 2002, to October 23, 2002. Geralyn Masica, 5842 York Avenue North, addressed the Council to express her concern regarding the sod and that she hopes that the City will take appropriate action regarding the sod for this project. Rex Newman, 3107 61" Avenue North, addressed the Council to thank them for the information provided on the project and believes that in the future the Council should have more communication earlier than the assessment time. 09/23/02 -6- DRAFT ® Mr. LeFevere discussed that if the Council would like to allow for a 30 day interest free payment period, the motion needed would be to change the date for commencing in paragraph two of the resolution to read October 23, 2002, instead of October 1, 2002; directing staff not to certify the resolution until after October 23, 2002; and directing staff to notify Garden City South residents by mail regarding the change for the interest free period. The notification by mail would be statutory. Councilmember Nelson raised a concern about setting precedence and the costs associated with this change. Mr. McCauley informed the Council that the expenditure is justifiable. There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to amend Resolution Certifying Special Assessments for Improvement Project Nos. 2002 -05 and 2002 -06, Contract 2002 -13, Garden City South Neighborhood Street and Storm Drainage Improvements, to the Hennepin County Tax Rolls, to read the following; 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments to be payable with ad valorem taxes in 2003, and shall bear interest at the rate of six and one half (6 ' / 2) percent per annum on the entire assessment from October 23, 2002 through December 31, 2003. and directing staff not to certify the assessments until after October 23, 2002; along with directing staff to notify Garden City South residents by mail regarding the change of the interest free period. Motion passed unanimously. Sc. PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2002 -01 AND 2002 -02, CONTRACT 2002 -A, SOUTHWEST AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2002 -01 AND 2002 -02, CONTRACT 2002 - A, SOUTHWEST AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley gave an overview of project including the deletion of Twin Lake Avenue from the assessment roll since construction cannot be completed due to a 3 foot rise in the water table due to the fourth wettest summer on record. Completion of Twin Lake Avenue will be attempted in the spring of 2003 and assessed with completion is assured. John Parotti from SEH outlined the construction schedule for all areas of the project and discussed the issues happening with Excel Energy. A motion by Councilmember Lasman, seconded by Councilmember Peppe to re -open the Public Hearing. Motion passed unanimously. • 09/2' 9 -7 DRAFT Dick Sharp, 5317 Brooklyn Boulevard, addressed the Council to express his frustration about his • yard being torn up since May 20, 2002, and questioned why they started in his area if they were not going to continue working in that area. Mr. Parotti informed the Council that the contractor had to start in that area because that area had the deepest storm sewer. Audrey Wellman, 3619 53 Place North, addressed the Council to inform the Council that she had contacted the City regarding her sprinkler system before the project started. During the construction her sprinkler system was damaged and she wants to know who will be replacing her sprinkler system? Mayor Kragness asked her to speak with Mr. Brink after the meeting about this issue. Ms. Wellman informed the Council that the traffic on 53 Avenue since the construction has started is wearing from all the big trucks and that she believes the street will need to be replaced. Buster Thjelman, 5325 France Avenue North, addressed the Council to voice that when the water trucks come around his area one side gets water and one side gets dust. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2002 -131 Councilmember Lasman introduced the following resolution and moved its adoption with the amendment to paragraph two to read the following: 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments to be payable with ad valorem taxes in 2003, and shall bear interest at the rate of six and one half (6 1 /2) percent per annum on the entire assessment from October 23, 2002 through December 31, 2003. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2002 -01 AND 2002 -02, CONTRACT 2002 -A, SOUTHWEST AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. • 09/23/02 -8- DRAFT • 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2002-015 SUBMITTED BY SPECTACULAR ELECTRONIC ADVERTISING FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW SIGNS AT BROOKDALE SHOPPING CENTER TO EXCEED THE NUMBER, HEIGHT, AREA AND DISPLAY FEATURES AUTHORIZED AS PART OF THE BROOKDALE PLANNED UNIT DEVELOPMENT AND THE SIGN ORDINANCE. THE PLANNING COMMISSION RECOMMENDED DENIAL OF THIS APPLICATION AT ITS SEPTEMBER 12, 2002, MEETING. IT IS RECOMMENDED THAT THE APPLICATION BE TABLED UNTIL THE OCTOBER 14, 2002 CITY COUNCIL MEETING. A motion by Councilmember Nelson, seconded by Councilmember Ricker to table this item to the October 14, 2002, meeting. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF OFFICER WALT FILSON Mayor Kragness read the resolution expressing recognition and appreciation for the public service of ® Officer Walt Filson. RESOLUTION NO. 2002 -132 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF OFFICER WALT FILSON The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10b. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF DETECTIVE MICHAEL KAULFUSS Mayor Kragness read the resolution expressing recognition and appreciation for the public service of Detective Michael Kaulfuss. RESOLUTION NO. 2002 -133 Councilmember Lasman introduced the following resolution and moved its adoption: is 09/23/02 -9- DRAFT RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF DETECTIVE MICHAEL KAULFUSS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. loc. RESOLUTION ACCEPTING CITY COUNCIL WORKSHOP SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REPORT AND ADOPTING CITY COUNCIL GOALS FOR 2003 Mr. McCauley presented a PowerPoint presentation of the City Council Goals for 2003 which are not in any priority. RESOLUTION NO. 2002-134 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING CITY COUNCIL WORKSHOP SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REPORT AND ADOPTING CITY COUNCIL GOALS FOR 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. • 10d. RESOLUTION DECLARING OCTOBER 10, 2002, AS LIGHTS ON AFTER SCHOOL DAY Mayor Kragness read the resolution declaring October 10, 2002, As Lights On After School Day. RESOLUTION NO. 2002 -135 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING OCTOBER 10, 2002, AS LIGHTS ON AFTER SCHOOL DAY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 10e. RREPORT FROM PARK AND RECREATION COMMISSION REGARDING GRANDVIEW PARK/INDEPENDENT SCHOOL DISTRICT NO. 286 Mr. McCauley informed the Council that the Park and Recreation Commission had discussed the land exchange with School District No. 286 and that they had a concern with the progress and position of an agreement not in place. A letter was sent to Dr. Antoinette Johns, Superintendent, regarding the Park and Recreation Commission's concerns. 09/23/02 -10- DRAFT • Dr. Johns submitted a letter today regarding their position. He informed the Council that neither party are as far as they would like to be and that until an agreement is acceptable, the work will not take place. Councilmember Lasman discussed that she believes that the School District and City staff are on track and encouraged both parties to continue working together to resolve the issues. Councilmember Nelson asked if the groundbreaking ceremony that is planned for September 24, 2002, was going forward. Dr. Johns addressed the Council and informed that the groundbreaking ceremony will continue at 9:30 a.m. on September 24, 2002, 10L RESOLUTION AMENDING 2002 PAY PLAN AND CONTINUING INTERIM ENGINEERING ARRANGEMENTS Mr. McCauley discussed the proposed amendments to the pay plan and reviewed the Council packet materials, and engineer arrangements to be implemented. Councilmember Ricker questioned if there will need to be any consulting with the proposed changes. Mr. McCauley discussed there may need to be some consulting in the future and that the savings from the proposed changes could be allocated for that purpose, but overall the reorganization will reduce costs significantly. RESOLUTION NO. 2002 -136 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING 2002 PAY PLAN AND CONTINUING INTERIM ENGINEERING ARRANGEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. log. AN ORDINANCE RELATING TO THE LICENSURE OF MASSAGE; AMENDING BROOKLYN CENTER CODE SECTION 23 -1703 Mr. McCauley discussed that this matter needs to be referred back staff. The Police Chief and City Attorney continue to work on the amendment. A motion by Councilmember Lasman, seconded by Councilmember Nelson to refer this matter back to staff. Motion passed unanimously. 09/23/02 -11- DRAFT 11. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the City Council meeting at 8:56 p.m. Motion passed unanimously. City Clerk Mayor • • 09/23/02 -12- DRAFT City Council Agenda Item No. 7b OX City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: October 9, 2002 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on October 14, 2002. MECHANICAL Environmental Comfort Systems Inc. 8385 Canoga Avenue, Canoga Park, CA R & S Heating and A/C 12600 Creekview Avenue, Savage Total Air Supply 541 North Wheeler Street, St. Paul UHL Company Inc. 9065 Zachary Lane North, Maple Grove PRIVATE KENNEL • Denise Mueller 1601 70 Avenue North Jeanne O'Brien 6730 Drew Avenue North Lynn Amacher -Maim 5420 Fremont Avenue North RENTAL Renewal: 371347 1h Avenue N. Bill Modell 3606 58 Avenue N. Daniel Soffa 3218 63 Avenue N. Eugene Hess 5347 Brooklyn Blvd. Randall Cook 5501 Brooklyn Blvd. Mains'1 Services 5801 Brooklyn Blvd. Daniel Soffa 5809 Brooklyn Blvd. Daniel Soffa 6315 Brooklyn Blvd. Joseph Brauer 5137 -39 France Avenue N. Randal Tyson 6765 Humboldt Avenue N, Morning Sun Investments Initial: 521 62" Avenue N. Curtis & Cheryl Hawkins 1708 69 Avenue N. Angela Griesser 5817 Brooklyn Blvd. William Kotonias 3618 Commodore Drive Pao Choua Vue s j i 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 e City Council Agenda Item No. 7c • • MEMORANDUM DATE: October 9, 2002, 2002 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting E during the summer and fall as new trees are marked. i A adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City ofBrooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER___ ____________ ______ __ PROPERTY ADDRESS NUMBER ___ __-_ __ _ __ ___ MELBA EVANSON 80069 AVE N 128, 129, 130, 131, 132, 133 TIMOTHY & NANCY ROCHE 81669 AVE N 134 BRUCE NICKOLAUSON 865 70 AVE N 135, 136, 137, 138 MARY SIKES 86970 AVE N 139 MN /DOT 68 & CAMDEN 140, 141, 142, 143 MAURICE LUBY 7031 DREW AVE N 144 JACK & PEARL MAYERICH 5830 EMERSON AVE N 145 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 7d MEMORANDUM DATE: October 2, 2002 TO: Michael McCauley, City Manager FROM: Scott Brink, Consulting Engineer SUBJECT: Resolution Approving Final Plat, DOUGLAS METAL SPECIALTIES On August 26, 2002, the City Council approved a Preliminary Plat for DOUGLAS METAL SPECIALTIES, 4912 France Avenue North. The Preliminary Plat essentially provided for the combining of two parcels of land in order to accommodate a building expansion. The property owner has submitted an application for Final Plat approval, along with the required fee. It is recommended that the City Council approve the attached resolution, approving the Final Plat for DOUGLAS METAL SPECIALTIES. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, DOUGLAS METAL SPECIALTIES WHEREAS, the City Council in August 26, 2002, approved a Preliminary Plat for DOUGLAS METAL SPECIALTIES; and WHEREAS, The property owner has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for DOUGLAS METAL SPECIALTIES is hereby approved subject to the following conditions: 1. Any additional requirements of the City Engineer or City Attorney. 2. Any additional provisions of Chapter 15 of the City Ordinances. 3. Any other conditions of Hennepin County as required. s Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7e MEMORANDUM DATE: October 2, 2002 TO: Michael J. McCauley, City Manager FROM: Scott Brink, Consulting Engineer `� ,, SUBJECT: Resolution Authorizing the Conveyance of City -Owned Parcels to the Minnesota Department of Transportation The Minnesota Department of Transportation (Mn/Dot) has completed plans for improvements to I -94, more commonly known as the "Third Lane Project." These plans have previously been reviewed and approved by the City. As part of the improvement project, some acquisition of property along the south side of I -94 is necessary in order to construct storm water detention ponds behind the existing noise wall and highway. In some locations, the noise walls must also be removed and reconstructed to accommodate the detention areas, thus requiring additional right of way acquisition. Mn/Dot is in the process of acquiring property as needed to accommodate the improvement. Mn/Dot desires to acquire two outlot properties currently owned by the City of Brooklyn Center. The outlots are located behind 4400 and 4412 66 Avenue North (see attached drawings). Mn/Dot is also working to acquire outlots owned by individual property owners as well. A monetary compensation of $6,100.00 has been presented as a certified offer by the State. The total compensation offered to the City is therefore $12,200.00. It is recommended that the City Council approve the attached resolution Authorizing the Conveyance of City -Owned Parcels to the Minnesota Department of Transportation. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CONVEYANCE OF CITY -OWNED PARCELS TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the Minnesota Department of Transportation (Mn/DOT) has prepared a preliminary design for storm drainage improvements associated with the upcoming improvements to I -94 known as the "Third Lane Project "; and WHEREAS, Mn /DOT desires to utilize two City of Brooklyn Center owned parcels of land on the south side of I -94 east of Lee Avenue, for storm water ponding and sound wall replacement to accommodate the expansion of I -94; and WHEREAS, said parcels are located behind 4400 66`'' Avenue North and 4412 66' Avenue North, more specifically described as Outlot L and Outlot J respectively; and WHEREAS, Mn/DOT has requested that the City of Brooklyn Center convey the two City -owned parcels to Mn/DOT, and provide compensation in accordance with State of Minnesota laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The conveyance of two parcels of City -owned land to the Minnesota Department of Transportation for the purposes of constructing storm water ponding and noise wall is hereby authorized, pursuant to the authority of Minnesota Statutes. 2. The City Council accepts compensation from the Minnesota Department of Transportation in an amount of $6,100.00 for each property, for a total compensation to the City of $12,200.00. 3. The Mayor and City Manager are authorized and directed to take such actions as necessary to effect the conveyance thereof. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded b member p g g Y Y 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. Mn /DOT parsk.cei G°3 ONT OF WAY PARCEL LAYOUT MINNESOTA DEPARTMENT OF TRANSPORTATION Topographic information required: Proposed R/W line & access taking. Lot lines & dimensions. r°t•rM� Show north arrow. Outline & location of buildings & improvements. Streets or highway frontage. S. 2786 (94 =393) 901 . P. 2786 -116 COUNTY Hennepin PARCEL NO. 306L OWNER CITY OF BROOKLYN CENTER Scale 1" =100 fit. N — I O Al r �_ �����__�����. � �_ �� ---•� -- �' \ \ \mob -'��� \i 1145 I -------------- P I -------------------- 0 j I � TH.94 EB - - - - -- _ _ � —_ (lip -__- _- OUT 0 UU _ ._ . • — _ _ - _ _ LO M OUTLOT�N fl fl LEE o ,DoT: _:: T OT K OUTLOT L. 1 fi'�)T EASEMENT fl WA GAR EXTE N OF EE A fl fl fl© GAR fl 0 C Q W fl BLOCK 2 fl } ilp GAR AR GA < GAR / { GAR fl f W fl 6 GAR ' GAR 14 I fl m 4500 m 4418 4412 1 146 4400 I I 4318 GAR 4312 � 4306 4300 ' 4 30 1 -S -F fl 1 -S -F 1 -S -F 111� -F 1 -S -F , I 1_5_F I 1 -S -F 1 5 -F i 1 -S -F d 1 -S -F 1 66TH AVENUE N CITY PARCELS FOR PURCHASE BY MNDOT , Wfi4- f►iWii•q i I I Lavout sketch by MJG Date 1/15/02 Parcel No. 306L • City Council Agenda Item No. 7f • MEMORANDUM DATE: October 9, 2002 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide v SUBJECT: Resolution Amending Special Assessment Levy Roll Nos. 15382 and 15383 to Provide for the Deferment of Special Assessments On September 9, 2002, the City Council by Resolution 2002 -117 approved Special Assessment Levy Nos. 15382 and 15383 for the Garden City South Neighborhood Street and Storm Drainage Improvements. The attached resolution amends the respective levy rolls to provide for the deferment of special assessments on one property where a qualifying person is eligible because they are at least 65 years of age or older and whose household meets certain financial characteristics. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS, 15382 AND 15383 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 15382 and 15383 for the following improvements: GARDEN CITY SOUTH STREET IMPROVEMENTS IMPROVEMENT PROJECT NO. 2002 -05 GARDEN CITY SOUTH STORM DRAINAGE IMPROVEMENTS IMPROVEMENT PROJECT NO. 2002 -06 WHEREAS, Special Assessment Levy Nos. 15382 and 15383 were approved by the City Council on September 9, 2002; and WHEREAS, the City Council has established a program to defer a portion of the special assessments of qualifying persons who are at least 65 years of age or older or who are retired due to ermanent and total disability whose households meet certain financial characteristics. P Y NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A certain property owner is eligible to defer a portion of their special assessment. Special Assessment Levy No. 15382 is hereby amended to reduce the previous amount of $2,400.00 from the following assessments to the new amount as noted: Pid# Amount 03- 118 -21 -11 -0028 $1,569.49 Special Assessment Levy No. 15383 is hereby amended to reduce the previous amount of $790.00 from the following assessments to the new amount as noted: Pid# Amount 03- 118 -21 -11 -0028 $434.07 . RESOLUTION NO. 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. • I City Council Agenda Item No. 7g • MEMORANDUM DATE: October 9, 2002 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide .� SUBJECT: Resolution Amending Special Assessment Levy Roll Nos. 15380 and 15381 to Provide for the Deferment of Special Assessments On September 23, 2002, the City Council by Resolution 2002 -131 approved Special Assessment Levy Nos. 15380 and 15381 for the Southwest Area Neighborhood Street and Storm Drainage Improvements. The attached resolution amends the respective levy rolls to provide for the deferment of special assessments on one property where qualifying persons are eligible because they are at least 65 years of age or older and whose household meets certain financial characteristics. Amended Member Ed Nelson introduced the following resolution and moved its adoption: RESOLUTION NO. 2002 -141 RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 15380 AND 15381 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS WHEREAS, ursuant to proper notice duly given as required by law, the City p P p Y g q Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 15380 and 15381 for the following improvements: SOUTHWEST AREA STREET IMPROVEMENTS IMPROVEMENT PROJECT NO. 2002 -01 SOUTHWEST AREA STORM DRAINAGE IMPROVEMENTS IMPROVEMENT PROJECT NO. 2002 -02 WHEREAS, Special Assessment Levy Nos. 15380 and 15381 were approved by the City Council on September 23, 2002, and WHEREAS, the City Council has established a program to defer a portion of the special assessments of qualifying persons who are at least 65 years of age or older or who are retired due to permanent and total disability whose households meet certain financial characteristics. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A certain property owner is eligible to defer a portion of their special assessment. Special Assessment Levy No. 15380 is hereby amended to reduce the previous amount of $2,400.00 from the following assessments to the new amount as noted: I Pid# Amount 03- 118 -21 -43 -0059 $1,581.82 Special Assessment Levy No.15381 is hereby amended to reduce the previous amount of $790.00 from the following assessments to the new amount as noted: Pid# Amount 03- 118 -21 -43 -0059 $439.35 . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 15380 AND 15381 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 15380 and 15381 for the following improvements: SOUTHWEST AREA STREET IMPROVEMENTS IMPROVEMENT PROJECT NO. 2002 -01 SOUTHWEST AREA STORM DRAINAGE IMPROVEMENTS IMPROVEMENT PROJECT NO. 2002 -02 WHEREAS, Special Assessment Levy Nos. 15380 and 15381 were approved by the City Council on September 23, 2002; and WHEREAS, the City Council has established a program to defer a portion of the special assessments of qualifying persons who are at least 65 years of age or older or who are retired due to permanent and total disability whose households meet certain financial characteristics. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A certain property owner is eligible to defer a portion of their special assessment. Special Assessment Levy No. 15380 is hereby amended to reduce the previous amount of $2,400.00 from the following assessments to the new amount as noted: Pid# Amount 03- 118 -21 -43 -0059 $1,414.82 Special Assessment Levy No. 5381 is hereby amended to reduce the previous amount of $790.00 from the following assessments to the new amount as noted: Pid# Amount 03- 118 -21 -43 -0059 $606.35 RESOLUTION NO. 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. i City Council Agenda Item No. 7h i �i MEMORANDUM DATE: October 7, 2002 TO: Michael McCauley, City Manager FROM: Scott Brink, Consulting Engineer SUBJECT: Resolution Establishing Improvement Project No, 2002 -19, Palmer Lake /Shingle Creek Trail Reconstruction, and naming Fiscal Agent for Administration of Grant Funds Received Through the Minnesota Department of Natural Resources National Recreational Trail Program An application was previously submitted to the Minnesota Department of Natural Resources (DNR) for funds to assist in improving the Palmer Lake /Shingle Creek Regional Trail. The DNR program makes funding available for specific projects with a 50% local match required. Projects are awarded funds based upon specific Federal and State review criteria, and the degree of need and justification provided by the applicant. The City has received notification that funding has been approved for improvements to the Trail. The Palmer Lake /Shingle Creek Regional Trail connects with existing trails in Minneapolis and Brooklyn Park, and is considered a vital transportation and recreation link in the greater region. The trail system also connects with the Grand Rounds trail system in Minneapolis and the regional system maintained by Hennepin Parks. The intent is to utilize funds to repave and restore existing segments of the trail at various portions throughout its length between County Road 10 and the north end of Palmer Lake. Isolated portions of the trail have either fallen into a condition of disrepair or settled to the point where portions of the trail are often under water and unusable. The estimated cost of the improvements is $120,000. $60,000 would therefore be available from the DNR as part of the matching grant program. The $60,000 matching City share has been earmarked in the budget and Capital Improvements Program. Although the matching grant funds have been approved by the DNR, a substantial amount of administrative work remains to be completed before the funds are allowed to be released. This work includes required reviews and approvals of the local watershed, environmental review documentations, wetland impact evaluations, etc. In addition, a resolution and /or legal certification from the governing authority (City) must be provided that demonstrates the following: 1. Shows concurrence with the trail development being partially funded b the Minnesota P gP Y Y Department of Natural Resources National Recreational Trail Program. 2. Names the fiscal agent from the unit of government (City) for the project. Council Recommendation Approve the attached Resolution Establishing Improvement Project No. 2002 -19, Palmer Lake /Shingle Creek Trail Reconstruction, and naming Fiscal Agent for Administration of Grant Funds Received Through the Minnesota Department of Natural Resources National Recreational Trail Program. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2002 -19, PALMER LAKE /SHINGLE CREEK TRAIL RECONSTRUCTION, AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE MINNESOTA DEPARTMENT OF NATURAL RESURCES NATIONAL RECREATIONAL TRAIL PROGRAM WHEREAS, the City of Brooklyn Center desires to repair and reconstruct certain portions of an existing trailway, more commonly referred to as the Palmer Lake /Shingle Creek Regional Trail; and WHEREAS, the total estimated cost to effect said repairs and reconstruction is $120,000; and WHEREAS, the City of Brooklyn Center has applied for and subsequently received a conditional grant award from the National Recreational Trail Grant program through the Minnesota Department of Natural Resources in an amount of $60,000 for said reconstruction and repairs; and • WHEREAS, a total matching amount of $60,000 must be provided by the City of Brooklyn Center to provide for the completion of said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. Improvement Pro No. 2002 -19, Palmer Lake /Shingle Creek Trail p J Reconstruction is hereby established. 2. The City f Brooklyn Center acknowledges and accepts rant money from Y Y g P g Y i National Recreational Trail Grant Program through the Minnesota Department of Resources in the amount of $60,000. 3. A local matching amount of $60,000 from the City of Brooklyn Center's MSA local fund will be provided for Brooklyn Center's share for completion of the project. 4. The City of Brooklyn Center Director of Fiscal and Support Services is designated as Fiscal Agent for administration of grant funds received through the Minnesota Department of Natural Resources National Recreational Trail Program. • ® RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 7i MEMORANDUM DATE: October 8, 2002 TO: Michael J. McCauley, City Manager FROM: Scott Brink, Consulting Engineer qr SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment for Improvement Project No. 2001 -09, Contract 2001 -D, Exterior Finish Restoration, Central Garage Campus On April 8, 2002, the City Council awarded a contract to Rainbow, Inc. in the amount of $59,880.00 to provide exterior finish restoration to the Central Garage Campus. This included work to the main garage building, salt /cold storage building, and the street side of the masonry perimeter retaining wall. Rainbow, Inc. has completed the work in accordance with the specifications. All work has been completed per the original contract amount of $59,880.00. The project has been funded under the Capital Improvements Fund. It is recommended to accept the work performed and authorize final payment to Rainbow, Inc. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO, 2001 -09, CONTRACT 2001 -D, EXTERIOR FINISH RESTORATION, CENTRAL GARAGE CAMPUS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Rainbow, Inc. has completed the following improvement in accordance with said contract: Improvement Project No. 2001 -09, Contract 2001 -D, Exterior Finish Restoration, Central Garage Campus NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the contractors receipt in full. The total amount to be paid for said improvement under said contract shall be $59,880.00. 2. Projected costs shall be funded from the Capital Improvements Fund, Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a CITY OF BROOKLYN CENTER • Notice is hereby given that a ublic hearing g will be held on the 14 day of October, 2002, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Ordinance 2000 -10 Regarding Council Salaries for 2003 - 2004. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2000 -10 REGARDING COUNCIL SALARIES FOR 2003- 2004 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance 2000 -10, which amended the amount of the annual salaries to be paid to the Mayor and Council Members to become effective January 1, 2001, is hereby amended. Section 2. Effective January 2, 2003, the annual salary for Mayor shall be • $10,166 and the annual salary for Council Members shall be $7,784. Section 3. Effective January 1, 2004, the annual salary for Mayor shall be $10,522 and the annual salary for Council Members shall be $8,056. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication.. Adopted this day of 2002. Mayor ATTEST: City Clerk Date of Publication: Effective Date: i • Financial Commission Meeting Minutes August 15, 2002 1. Call to Order The meeting was called to order by Chair Escher at 7:00 PM 2. Roll Call Members Present: Chair Escher, Commissioners Elftmann, Blarney, Nemec and Peterson. Members absent and excused: Commissioners Hruska and Wilkinson Others Present: Fiscal and Support Services Director Douglas Sell. 3. Meetimz Minutes of June 17, 2002 Meeting Minutes of the June 17, 2002 were reviewed. Motion by Commissioner Peterson, Second by Commissioner Nemec to approve as amended. Motion carried. 4. Approve Agenda Motion by Commissioner Blarney, Second by Commissioner Elftmann to approve the agenda. Motion carried. • 5. Citv Council Member Compensation Commissioner Elftmann and Commissioner Peterson reported on their assignment regarding City Council Member compensation. Commissioner Elftmann identified the various options considered by the sub - committee including a range of increases from 3.0% to 4.0 %. Commissioner Elftmann calculated the increases on an annual basis for Mayor and Council Members and presented the sub - committees findings for consideration.. Commissioners discussed the impact on the salary structure and compared the City's current rates with surrounding communities. It was noted that the City of Brooklyn Center has traditionally been in the "middle of the pack" as it relates to compensation for Mayor and Council Members. The CPI increase for the twin cities metropolitan area for the past twenty -four months has averaged 3.96% based on the most current data from the Bureau of Labor Statistics. Motion by Commissioner Peterson and Second by Commissioner Blarney to recommend to the City Council adjustments for Mayor and Council Member annual salaries for the period 2003 and 2004 as follows: Calendar Year 2003, Calendar Year 2004 Mayor $10,166 Mayor $10,522 Council Members $ 7,784 Council Members $ 8,056 • • Motion carried. The Chair thanked the sub - committee for their work and report. 6. Next Meeting The next meeting has been scheduled for Monday, August 19, 2002 at 6:00 PM to discuss budget in a joint meeting with the City Council at City Hall, Council /Commission Conference Room. 7. Adi ournment Motion by Commissioner Blarney, Second by Commissioner Elftmann to adjourn the meeting at 7:55 PM. Motion carried. • • • City Council Agenda Item No. 8b MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zonin pecialist SUBJECT: City Council Consideration Item — An Ordinance Amending Chapter 34 of the City Ordinances Regarding Development Complex Signs DATE: September 4, 2002 On the September 9, 2002, City Council Agenda is an ordinance amendment recommended for first reading that amends the City's Sign Ordinance (Chapter 34) regarding development complex signs. This matter was recommended by the Planning Commission at its August 28, 2002, meeting and would add a new category of signs called "Development Complex Signs" that would be allowed under certain circumstances in the Commercial (C -1 and C -2) and Industrial (I -1 and I -2) zoning districts. These development complex signs would be allowed to identify multiple building complexes that are under common ownership or a common landlord and would be in addition to other permitted freestanding signs. Such signs would be limited to 145 sq. ft. in area and 15 ft. in height and could be located on each street frontage where the buildings are located. The signs could only ® identify the development complex by name and could not advertise or identify businesses or tenants within the complex. Such signs could be used to identify multiple building development complexes such as office complexes, planned industrial parks or shopping centers. The ordinance amendment came about after a request by Mr. Richard Schadegg on behalf of the ownership of the Brookdale Corporate Center complex located at 6200 and 6300 Shingle Creek Parkway and 6160 Summit Drive. They were attempting to identify the cluster of commonly owned buildings in addition to the buildings individually. The matter was first reviewed by the Planning Commission at a study session on June 27, 2002, at which time the Commission requested a draft ordinance be put together for their review. It was again reviewed by the Planning Commission on August 28, 2002, at which time they recommended approval of the ordinance on a three in favor, two against vote. The two Commissioners who voted against the recommendation were not opposed to the language or the concept of the development complex signs, but rather the timing of the recommendation. They preferred the ordinance go to the City Council for consideration after an upcoming consideration of a PUD amendment by Brookdale to allow some signs that are otherwise not permitted. Attached is a copy of the ordinance amendment, the Planning Commission agendas and minutes from June 27, 2002, and August 28, 2002. It is recommended that the City Council have a first reading of the proposed ordinance • amendment and set it for public hearing. CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the day of 2002, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 34 of the City Ordinances Regarding Development Complex Signs. 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 34 OF THE CITY ORDINANCES REGARDING DEVELOPMENT COMPLEX SIGNS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 — 110 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following new definition: DevP. 1 Px — A f Sign,, Lnment (�'omn �estandmg sla identifi�ng a m»1tin1P • hnilding development, such as a shopping center, a planned industrial nark or office development which is controlled by a single drnamer or landlord Section 2. Section 34 -140 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 34 -140. PERMITTED SIGNS 3. Permitted Signs Requiring a Permit A. Commercial (C -2) and Industrial (I -1 and I -2) Districts 2. Freestanding Signs .e nt (__mmip In addition to th free standing id ntifiration signs otherwise } allowed by this ardin nce, every multiple huilding develment cmmplex shall 11'- Pnt jfled to one frees adding s_iP P= street frnnt, at a maximum size of 145 sa ft , at a height not to exce 1 5 ft to id n ifv a d_ e yeldznment cnm4 lex Nn tenant or hnsin ss identifi .atinn shall h S errnitted an a d v loom nt comple sign Any freestanding sign ntherwis nermitt d under this nrdimnce may id n ifvthe n2rnp of the d velnnment rnmTllx • 1 B. Commercial (C -1 and C -IA) Districts 2. Freestanding Signs a. Individual and Clustered Establishments b. De velopment complex z In addition to the freestanding identification sigma otherwise allowed by this ordinan every multiple building develonm nt complex Shall he entitled to on freestaniina, sip per street front, at a maximum size of 145 sn_ fl at a h fight not to exceed 15 to identify a develonm nt comp N n t .Wan nr hi isiness identification shall he permitted on a deve.lnp COl21nl eX sign Any freestandmb si�5i otherwise permitted under this ordinance may identify the name of the development complex. Section 3. This ordinance shall become effective after adoption and upon thirty (30) days its legal publication. Adopted this day of , 2002. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • 2 • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 28, 2002 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:34 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, , Rex Newman, Sean Rahn, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Stephen Erdmann and John Whitehead were absent and excused. APPROVAL OF MINUTES — AUGUST 15, 2002 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the August 15, 2002 meeting as submitted. The motion passed unanimously. ® CHAIR'S EXPLANATION Chair Willson 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. DISCUSSION ITEM DRAFT ORDINANCE AMENDMENT REGARDING DEVELOPMENT COMPLEX SIGNS Chair Willson introduced a draft ordinance amendment regarding development complex signs. Mr. Warren explained the ordinance amendment, which amends Chapter 34, Section 110, of the City's Sign Ordinance giving a definition for a development complex sign. It would amend the C -2, I -1, I -2, C -1 and C -IA Zoning Districts. To be eligible, a property must be a multiple building development and be under common ownership or a common landlord. A discussion ensued regarding what signage is currently allowed on commercial site and how this change would affect what additional signs would be allowed. Mr. Warren further explained that this would allow an additional freestanding sign that would identify a complex or multiple buildings only for naming or identifying a complex not for tenant identification. Commissioners Reem inquired if the change would affect signage allowed for car dealerships along Brooklyn Boulevard. Mr. Warren explained how Section 34 of the City's Sign Ordinance • regulates signs at car dealerships. 8 -28 -02 Page 1 • Size and height limitations for signs allowed under the proposed ordinance amendment was discussed by the Commission. Mr. Warren suggested to the Commission that there be a maximum size of 145 sq. ft. and a height not to exceed 15 ft. Commissioner Newman inquired as to how this sign ordinance change would affect signs allowed at Brookdale. Mr. Warren responded that Brookdale is proposing an amendment to its PUD approval to allow a variety of signs that exceed that authorized by its PUD approval or are in conflict with the provisions of the City's Sign Ordinance. That PUD amendment is scheduled for the Planning Commission's September 12, 2002 agenda. Commissioner Newman suggested it might be premature to consider the proposed ordinance amendment given Brookdale's pending application. Further discussion ensued regarding the pending Brookdale application and the proposed ordinance amendment. Mr. Warren suggested that the Planning Commission make a recommendation to the City Council for approval of the Ordinance Amendment. There was a motion by Commissioner Boeck, seconded by Commissioner Rahn to recommend approval of an ordinance amending Chapter 34 of the City Ordinances Regarding Development Complex Signs including a maximum sign area of 145 sq. ft. and a height not to exceed 15 ft. . Commissioner Newman stated that he felt the ordinance amendment should be tabled for further discussion until Brookdale's request for a PUD relating to signs is reviewed. Voting in favor: Chair Willson, Commissioners Boeck and Rahn. Voting against: Commissioners Newman and Reem. The motion passed. Both Commissioners Newman and Reem stated their negative vote reflected the timing of the recommendation not the content of the proposed ordinance amendment. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Boeck to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:25 p.m. Chair • Recorded and transcribed by: Rebecca Crass 8 -28 -02 Page 2 r PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER WEDNESDAY, AUGUST 28, 2002 STUDY SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - August 15, 2002 4. Chairperson's Explanation The Planning Commission is 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. 5. Draft Ordinance Amendment Regarding Development Complex Signs 6. Other Business 7. Adjournment • • Size and height limitations for signs allowed under the proposed ordinance amendment was discussed by the Commission. Mr. Warren suggested to the Commission that there be a maximum size of 145 sq. ft. and a height not to exceed 15 ft. Commissioner Newman inquired as to how this sign ordinance change would affect signs allowed at Brookdale. Mr. Warren responded that Brookdale is proposing an amendment to its PUD approval to allow a variety of signs that exceed that authorized by its PUD approval or are in conflict with the provisions of the City's Sign Ordinance. That PUD amendment is scheduled for the Planning Commission's September 12, 2002 agenda. Commissioner Newman suggested it might be premature to consider the proposed ordinance amendment given Brookdale's pending application. Further discussion ensued regarding the pending Brookdale application and the proposed ordinance amendment. Mr. Warren suggested that the Planning Commission make a recommendation to the City Council for approval of the Ordinance Amendment. There was a motion by Commissioner Boeck, seconded by Commissioner Rahn to recommend approval of an ordinance amending Chapter 34 of the City Ordinances Regarding Development Complex Signs including a maximum sign area of 145 sq. ft. and a height not to exceed 15 ft. • Commissioner Newman stated that he felt the ordinance amendment should be tabled for further discussion until Brookdale's request for a PUD relating to signs is reviewed. Voting in favor: Chair Willson, Commissioners Boeck and Rahn. Voting against: Commissioners Newman and Reem. The motion passed. Both Commissioners Newman and Reem stated their negative vote reflected the timing of the recommendation not the content of the proposed ordinance amendment. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Boeck to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:25 p.m. Chair • Recorded and transcribed by: Rebecca Crass 8 -28 -02 Page 2 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA CITY HALL STUDY SESSION JUNE 27, 2002 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:35 p.m. ROLL CALL Chair Tim Willson, Commissioners Stephen Erdmann, Rex Newman, Sean Rahn, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Graydon Boeck and Dianne Reem were absent and excused. APPROVAL OF MINUTES — JUNE 13, 2002 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to approve the minutes of the June 13, 2002 meeting as submitted. The motion passed. Commissioner Erdmann abstained as he was absent from the meeting. • CHAIR'S EXPLANATION Chair Willson 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. DISCUSSION ITEM PRELIMINARY SITE PLAN FOR EARLE BROWN ELEMENTARY SCHOOL/ GRANDVIEW PARK REDEVELOPMENT PROJECT Chair Willson introduced the discussion item regarding redevelopment plans for Earle Brown Elementary School/Grandview Park redevelopment project. Mr. Warren stated that Dr. Toni Johns, ISD 286 Superintendent, and Mr. Paul Hagen, Architect for Leonard Parker Associates, are at the meeting to present preliminary plans for redevelopment of the site. He described the area under consideration and the surrounding properties including the proposal for a vacation of Humboldt Avenue North and the relocation of the school and park facilities on the site. Mr. Warren added that this plan will require a public hearing when applications are made to the Planning Commission for Site and Building Plan Approval, Special Use Permit and Preliminary Plat Approval. Notices will be sent to surrounding property owners notifying them of the public • hearing. He noted that the Park and Recreation Commission has reviewed the preliminary plans and recommended that the School District proceed with the project. 6 -27 -02 Page 1 • Marlow and Joan Cordes, 5825 Knox Avenue North, inquired about the process for sending out notices for a public hearing. Mr. Warren explained the process for notifying residents within a required radius of the site in question. The City was not required to notify residents of this study session, but did so as a courtesy. He added that formal notices will be mailed at the time the applications are formally reviewed by the Planning Commission. Dr. Toni Johns explained that the School District has met with city staff several times since passing the bond referendum and the plan being presented is their final plan. Mr. Paul Hagen stated that their plan is to start demolition of the park site in November 2002 and start digging building footings by February 2003. He adds that the existing building will not be demolished until the new building is constructed. They plan to demolish the existing school in June 2004 and open the new in September 2004. Mr. and Mrs. Cordes asked about the plan for the walking path in Grandview Park along Hwy 100 and what routes the trucks will use for construction. Dr. Johns responded that the walking path would remain in place. Mr. Warren stated that grading on site and the construction hauling routes would be addressed when building permit applications are submitted. Mr. Warren explained that Humboldt Avenue would no longer be a through street between 59th and 60th Avenue. He further explained the history of renovations to the school including the use of temporary classrooms leading to the School District's plan to build a new building. It was • later determined that the facility was unable to be expanded further and the School District was only able to improve the facilities by rebuilding. Dr. Johns added that the State regulates size requirements of school buildings and land size. They would not approve any further renovations to the existing structure due to the deteriorating condition of the building. Commissioner Whitehead inquired about the number of floors /stories allowed in elementary schools. Mr. Hagen'answered that two stores are allowed, but not below ground/basement areas. He added that the plan includes a second story on one end of the school with an elevator for accessibility. The other is proposed to be built as one story with the potential to add a story if space needs arise. Commissioner Newman asked about the location and size of the water retention ponds. Mr. Warren explained that the plan would require Watershed Commission reivew and those issues will be addressed at that time. He added that the relationship between the park and the school should allow for adequate open space on the site. Chair Willson stated that he feels that City and School District have partnered together to come up with a nice looking plan. Dr. Johns added that staff, students and parents are excited about this plan. Mr. Cordes asked how many employees are on site during the day at the school. Dr. Johns responded that the average number of staff is about 120. Mr. Warren added that parking on the • plan appears to be adequate and an improvement over the existing layout. 6 -27 -02 Page 2 • Mr. Warren informed the Planning Commission that the applicant would be submitting applications for a Special Use Permit, Preliminary Plat Approval, and Site and Building Plan Approval for the July 25 Planning Commission Meeting. He added that the formal vacation of Humboldt Avenue would require an ordinance amendment. The Planning Commission generally believed the plan to be acceptable and looks forward to reviewing the final plans. DISCUSSION ITEM t REQUEST FOR SIGN ORDINANCE AMENDMENT Mr. Warren explained that a letter had been received from Mr. Richard Schadegg of CB Richard Ellis requesting the City's consideration of a Sign Ordinance Amendment that would allow development complex signs in addition to regular signs under certain circumstances. This would allow easier identification of complexes and tenants and would be placed at the main entrance to individual complexes. It was explained that several years ago the Shingle Creek Business Center was allowed a variance from the sign ordinance to allow such a sign. However, such a sign was never installed, only on site directional signs were placed. Chair Willson asked what sites might be anticipated to take advantage of such a change to the sign ordinance, such as car dealers along Brooklyn Boulevard, which already have several means • of attracting customers. Mr. Warren responded that the car dealerships would qualify for such a sign also. He added that the Commission may want to consider certain limitations to such a sign ordinance amendment in cases where adequate signage is already allowed. The Commission believed it was appropriate to consider ordinance language authorizing complex development signs. Mr. Warren stated that he would put together language for standards as to how a complex would quality for such a sign. OTHER BUSINESS No business items have been submitted for the July 11, 2002 meeting. Mr. Warren stated that Brookdale has asked for an amendment to its Planned Unit Development (PUD) to allow electrical message board signs along Highway 100, which would exceed what is currently allowed. This would be submitted as a PUD amendment and will be on the Commission's July 25 agenda. Chair Willson stated that Commissioner Reem is concerned about the condition of the Thunder Alley /Slumberland site and also the Denny's restaurant along Highway 100 (which has been • closed). Both sites show a deteriorating parking lot, weeds, tall grass, etc. Also, there has been 6 -27 -02 Page 3 • garbage and debris dumped on the Denny's site, which contains an unsecured dumpster enclosure. Mr. Warren assured the Commission the City staff would inspect both sites for any violations. There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:55 p.m. Chair Recorded and transcribed by: Rebecca Crass • • 6 -27 -02 Page 4 • PLANNING CONMSSION AGENDA CITY OF BROOKLYN CENTER JUNE 27, 2002 _ STUDY SESSION CITY HALL COUNCIL CHAMBERS 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - June 13, 2002 4. Chairperson's Explanation The Planning Commission is 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 fmal decisions in these matters. • 5. Preliminary Site Plan for Earle Brown Elementary School/Grandview Park Redevelopment Project. Representatives of ISD 286 will be present to review the proposal site plan for this project. Informational notices have been sent to surrounding property owners inviting them to this meeting. 6. Request for Sign Ordinance Amendment — Development Complex Signs Richard Schadegg, representing the ownership of Brookdale Corporate Center, has requested the City to consider a Sign Ordinance Amendment that would allow development complex signs in addition to regular signs under certain circumstances. 7. Other Business 8. Adjournment v ROWN — DR e�h ' S1fiNG CREEK PKM AOR AV `— cv t ��- - SUA{1.tt7 DR. / UGMI AVE N. � ' n � ,{M{ES AVE N. t a EA,RLE.iRCNJN OR. z � In � i Sr rCQ- z JAMES AVE. N. ` � I I I AV r -- ' +troeeot[iT E ti H "AVE. �• .. - $] -- I:ur.�satar nve. +. \ GIRARD AVE N. GIRARD AVE N,' T AVE. .S �I IIIIIIIIIIIIII ) � IIIlIlI c ue � �� . �- ® I I I L I I I I I I I I 1 1 1 LLLIILW I I I : � 1 ' 4 g 5 � i � 1 I I A z l ,, rt W IIIII I I I I I I ( HHH I IlH EN.ERSO4A' > pUPONTAVE' N., r I I DuPa+T , Y _ V8 N. ' -- m► � I I I Cp{pAX A � I I I I I I I I I I I I I I I I I r �I�N C AXA�,EK r � ANT AVE• N dHYA!!f AVE UL �u- 111,11111 � ALDR1 AVE. ,,._ ( I I I I � LJ _1_l_1_l� -1 ,LLDR I CNAVE �� EN AVE N CAHY3 . -�� I . . . AVE N CAMDEN AVE. N g d N LILU / I t I C , , Existing inn l \ Worm ing House Li \ I I I I' Play II I I Equipment Proposed School I ( I I I � I �\ !II.IIIIIl ............... ��{{11 II II II II II II II II II llLL II II II II II II uIIiIIIIIIIf�IIIIIIIIU I , Water I 103 stalls Retention I I IIIIIIIII �IIIIIIIIIII -I Pond Setback - - - -- -- -- - - - -- lrooklyn Center Elementary School The Leonard Parker Associates June 19, 2002 ASSET SERVICES CB 13 Richard Ellis Licensed Reai Estate Broker Item 6 CB Richard Ellis, Inc. . Plaza VII 45 South 7th Street Suite 220 Minneapolis, MN 55402 T 612 337 9777 F 612 337 9781 www.cbre.com May 6, 2002 1 Mr. Brad Hoffman City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Brad: We have recently presented to you a proposed signage package for the three buildings collectively known as Brookdale Corporate Center. (see attached) You have indicated that the majority of the signage is allowable under the current signage ordinance, but those signs shown as "C" and "D" on the attached plan are not covered under the current ordinance. • We are formally requesting either an ordinance amendment or variance to allow this additional signage. The three buildings that comprise Brookdale Corporate Center have been re- united under common ownership and we are promoting the campus setting as a significant amenity. The proposed signage program is intended to be a unifying element, introducing a common color scheme, numbering style and directional signage. We feel that signs "C" and "D" are critical to the overall signage program, not only to help create the project identity, but also to eliminate confusion as to the identity of the individual buildings. Easier identification of the individual buildings will also help eliminate traffic problems around this busy intersection as people are more easily able to identify their destination. Please let me know what additional steps are necessary to complete this project. I can be reached at 612- 337 -9771. Sincerely, Richard C. G Schadegg Senior Real Estate Manager • � ta•S' �L�1 'dam �'11{Q��d • 5 ;1„• N 'ld. � fi�t`�91 S x.1-1 S 5-�'t bM .lam s (7vNoc.l�o) -LWY (vt-'-�N (m c 1 S �► ► n �y� 'ss i X 9 1 j'd MAN /M N9 ►S allo" N��s hdrnan��u a��s z MN p 6-3Q1 -1 M Q • ,V- �9iS Sndril'd"J a�e`►S'� MAN �; /"' MIN (�/( � ('tbNotld�7� I ON 091.5 5s�claq'�m��o�al /"N ' !� — °—j 0 Ca ONN _ i' Naudp� . 'r •`' . s Mrs �.,.iA �i: � +i��� +"' t .�,- F+•Y•• ;; fix..,. 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Li. �. aCiYla�':- 2 :.7cst1.�S:st2'.C'e:i;?!�'1i54 S .iew'3_�'r.A ^�:.:'.��°ikj'!' r9 • • 7710 Golden Item Triangle Drive m 6 Eden Prairie Minnesota 55344 Tel: 952 943 -9660 Fax: 952 943 -9665 www.edfarrarch.com November 08, 2001 Stew Stender APEX Asset Management Corp. 600 South Highway 169 Suite 1580 Minneapolis, MN 55426 Re: Brookdale Corporate Center - Site Signage EFA # 01.076 Dear Stew: • Enclosed is a set of images describing my recommended signage concept for the three office buildings at Brookdale Corporate Center. The criteria I used to develop this concept was: ■ Need for a unifying element / theme to tie the 3 buildings together into a `campus feel', ■ Establish better building recognition from surrounding streets & highways. • Retain as much existing signage in place as possible, especially tenant names, I agree with your idea .about introducing the color red into the solution, based on the strong red accents in the 6160 building and entry sign. Red goes well with the tan precast tone of the other buildings; and is very eye - catching. We had discussed the idea of using a circle or dot next to the text to add some style, but I noticed the Target store right across the street, and it's red `target' logo is too close to that idea. Instead, the existing diamond shape on top of the 6160 sign is further exploited as a design theme. I added three horizontal stripes next to the numerals, representing the 3 buildings, and pointed the striping to direct traffic towards the entries. All existing ground signs can remain in place. Sincerely, Edward Farr Architects, Inc. Edward A. Farr, AIA • President cc: Dick Schadegg, CB Richard Ellis encl.: five pages of signage images icy ..c �f... 3N yr.�MC t t�._r.. .`*a'�.._"; F..- '+• i 'i• s f ' K m�aacc 1• ' -' Sl''�w•�'„ p��a• ��v .ie!° ..., ^=•3t'•• ti._'w.`K�Sri. _ .^. `!fi?"• ��Ft'�a T t .. J..' /•i ' •i °y�'.rLI"}:f,b9 M•+i7.� .f• i b' di � }H'_i. �.L. ! , <�. ~• � �� �f +yri..... . S r..l „' • 1 � ; !�_Cr - - ?:w• �"•:::�� r . a . : "a ? .. $ '•� . .-:� - y� �i �w,.e+•.�•°Rr,:s't� t!' .'r�xl.'�..�` �+=w.:e. ".mo "'* fkl5•ad ' �='sw: •t, '"Y� +.} T"' �.I!1. r '..`.•�• �.:y3, •k = ;MaiEd � w;'.C.ej $t;'��' ^.' "Y�."� � Y•'.4. '. „_i.a• �' ^' %R1C -c +i a.i�r.9w,nwft. �.s— s •�•�:4M.; 1e'!lrtl+.: ^c"!%t e'. e4' F- S x :�j ="ns;`�_.:'ei: .,.... .'+�.. — s�_.'�ey e_ ".C` �, e•.' y::• �,• �'•." �' �." �� `��%-- ��:�..�iz'Ki- �.•+.'E.:'4Y �"- r.:"�'^• a,w'.�'� .r::�•_.c•,• a '•a - -a � � :..°i... _ j'C.:.� ..•°'.Yi ea =4 ;a_.. rc` Iti:"�.�2 �its� "v"T,y",G�`.-.� \T•:3 �.tYc::., f3"e - .°iy.;i {,";..- 2 :%` - �: -'•'. -� City Council Agenda Item No. 8c • MEMORANDUM DATE: September 4, 2002 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, Consulting Engineer 0 SUBJECT: An Ordinance Vacating Right of Way for Street Purposes, Humboldt Avenue North from 59 Avenue North to 60 Avenue North. Plans have been submitted by School District 286 providing for the reconstruction of Earle Brown School, including changes to Grandview Park. The City Council approved a Site Plan and Preliminary Plat for this item at their August 12, 2001 meeting. As part of the site lan submitted a vacation of Humboldt 59 P umboldt Avenue between 59 Avenue North to 60 th Avenue North is required. However, the 63 -foot wide existing right of way must remain as a drainage and utility easement. Therefore, it is proposed to vacate the right of way use as a public street. Xcel Energy, Reliant Energy, Qwest Communications, and AT &T have been notified of the proposed vacation. None have any objections, provided the vacated area remains as a drainage and utili ty easement. It is recommended that the City Council authorize the proposed Ordinance Vacating Right of .Way for Street Purposes, Humboldt Avenue North from 59 Avenue North to 60 Avenue North. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of September, 2002, 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 vacating certain public street right of way on Humboldt Avenue North between 59" Avenue North and 60"' Avenue North. 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 VACATING HUMBOLDT AVENUE NORTH RIGHT OF WAY FOR STREET PURPOSES FROM 59 AVENUE NORTH TO 60 AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Humboldt Avenue North public right -of -way located between the north line of 59"' Avenue North and the south line of 60" Avenue North is hereby vacated as a public street; provided, however, that a drainage and utility easement is retained and reserved within the area of the public street so vacated. • Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1 2002. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • • City Council Agenda Item No. 9a ® MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: October 8, 2002 SUBJECT: Spectacular Lighting (Brookdale) Signs Monday evening the Council will have before them Planning Application 2002 -015, which is a sign package for Brookdale. The request, which would be handled as an amendment to the existing PUD, is a significant departure from the City's current sign ordinance. As such, the Planning Commission recommended denial of the request. I have had the opportunity to discuss the application with both Ken Meiklejohn from Spectacular Lighting and Jim Schlesinger from Talisman Brookdale. The P1amling Commission expressed concerns with the size of the signs, the establishment of a precedent for similar uses elsewhere and the contemplation of off premise advertising. In my conversations with Mr. Meiklejohn, he • indicated that it was a misunderstanding that they would be providing off premise advertising. He indicated to me that there would be no off premise adds. He also indicated to me that while it would be his preference to have signs along highway 100 that were 55 feet high, he would like the Council to consider the sign package with a modified height of 45 feet. He also stated that the electronic band at the bottom of the sign could be eliminated. However, Mr. Schlesinger wants to keep this function primarily for store related information such as hours. Mr. Schlesinger spoke to me and was going to follow up with a letter that the proposed sign package is an important part in the repositioning of Brookdale. While the sign request is somewhat bigger that the other malls, he feels that it is important to differentiate Brookdale from its competition. The signs with the electronic panels are clearly state of the art and do have a distinct design. He expressed his concern that Brookdale needs such amenities such as the unique sign package to bring people back to the mall. Mr. Schlesinger feels strongly enough about the request that he will be here to discuss the matter with the Council. Commissioner Newman indicated in the minutes of the September 12, 2002 Planning Commission that a change in the sign ordinance of this scope should originate with the Council. While the request is not consistent with the current ordinance, the signage request for a property of this magnitude /size does not seem out of character. Brookdale is requesting the Council give consideration to its unique need. I would recommend that the Council approve the modified request of Spectacular Lighting and direct staff to memorialize the amendment to the PUD by amending the sign ordinance to Brookdale only i.e. only Brookdale would be able to have signs of this height or nature. • 55 FT. TALL MAIN PYLON SIGN Side A &6 of Three Sided Display Featuring: - � 1 Upper Video LED Display t - 16.7 Million Displayable Colors`' - LED Life - 100,000 Hours - Dimensions: 5' x 14' Lower LED Video Screen A , _ F - One Side of Three Sided Continuous Amber LED Display with a total of t 70 feet of running message around the three sided perimeter. { 1 - LED Life - 100,000 Hours - Dimension Per Side: 2.5'x 23' .. l- Sign Specifications: Overall Size Per Side Height 55' i Width 23' 1 Top Feature Mall Display 11' x 16.5' 8 Advertising Panels 1 Height 4.6' Width 7.5' Plan View Of -E 3 Sided Display -.".< Wit., r.�= � - 'h' �-• .,� ��' .. t Side A T i This desgn is the property of Spectacular Electronic Advertising Irc. and s ret to be reproduced 'n whole or in dart wthcut the express germ ;snort of Spectacular Electror;c AcK-ertsing Inc.. The colors shown on this presentation are for !N,strahve ourposes ory and nay vary from 'hose used in Me actt:al production of your sign due to the pnnnng process and the trarslucent nature of acrylic sign paints and veyls. Spec.fic paint colour rumbers may be provided upon request. A 55ft* TALL MAIN PYLON SIGN Design 1 Side C of Three Sided Display Featuring: Banner Display Height 32' NEW Width 16' ATHLETIC Lower LED Video Screen CHIC - One Side of Three Sided Continuous Amber LED Display with a total of = 70 feet of running message around the three sided perimeter. • - LED Life - 100,000 Hours - Dimension Per Side: 2.5'x 23' macys Sign Specifications: Overall Size Per Side Height 55' Width 23' - No Or - Eli W I 'k ;1 h C.va • This design is the property of Spectacular Electronz Advertising Inc and is rot :o oe reproduced in vvnoie or in part without the express permission of Spectacular Electroric Advert-sing Inc . The colors shown or. this presertat,on are for illus ratve purposes only and may vary from those used n the actual production of YOU sign d.e to the pnnhng process and :he translucent nature of --W:c sign paints and vinyls. Soecif paint colour numbers may be provded upon request. 55ft* TALL MAIN PYLON SIGN De sign R • Side A &B of Three Sided Display Featuring: Lower LED Video Screen 1 - One Side of Three Sided Continuous Amber LED Display with a total of 70 feet of running message - around the three sided perimeter. - LED Life - 100,000 Hours - Dimension Per Side: 2.5'x 23' • Sign Specifications: Overall Size Per Side Height 55' Width 23' Top Feature Mall Display 1 + 13'x 15' 10 Advertising Panels s Height 4.5' - Width 7.5' Scale: I" = 8 Plan View Of = •'�� 3 Sided Display f Side A • This desugn , s the property of Spectacular Electron:c Advertsmg Inc. and is not to be reproduced in whole or in part without the exoress permission of SoectaCdar Electron c Advertising Inc. The caors shown on this presentaton are for dlustratve purposes only and may vary from those used n the actual productm o' your sign due to the prntng process and the translucent nature of acry4c sgn paints and vinyls. Specific paint coloLr numbem rray be prov.ded upon request. 55ft* TALL MAIN PYLON SIGN Design Side C of Three Sided Display Featuring: oil d, Banner Display Height 32' s NEW Width 16' ATHLETIC. Lower LED Video Screen � CHIC - One Side of Three Sided Continuous Amber LED Display with a total of 70 feet of running message around the three sided perimeter. a f in • - LED Life - Per Side: Hours -' macy - Dimension Per Side: 2.5' x 23` Sign Specifications: Overall Size Per Side Height 55' 1 Width 23' j H IM r : G 'Er v -? °' -�""' . yt; - •F°"P�I'�l,d, r .`r � �. '�t"C s� i ... i �`• 3. ' .r °"� . . car h .c�•.t,. �`�:Zr J • Ths design is the prope tj of Spectaei ar c_lectromc Advertssng Inc and is not to tie reproduced in v4noie or in part without to emress permission of Spectacular Electronic Advert sing Inc. The co!ors shown on this presertahon are for illustrate purposes only and may vary from those used n the actual prooucbon of your sign due to the prrtng process and the translucent nature of acryt;c sign omrrs and v nyls. Spe& ;c oamt colour numbers may be orcmded upon request ^]I L�`�G!'S L_'1B "at%{d_ °•Ci.t G . _.i -%-_ 32ft* TALL SECONDARY PYLON SIGN Design 2 Side A &B of Three Sided Display Featuring: Lower LED Video Screen - One Side of Three Sided Continuous Amber LED / Display with a total of 52 feet of running message ^`= around the three sided perimeter. �. • - LED Life - 100,000 Hours - Dimension Per Side: 1.7'x 17' a : Sign Specifications: --� Overall Size Per Side Height 32' Width 17' Top Feature Mall Display 9'X 1 8 Advertising Panels Height 2.5 Width 5.5' = ' Scale: 1" ' N Plan View Of 3 Sided Display i .x ` I ' Side A v `''► • This design s the propery cf SpeC'BCL!ar Elecronic Advertising Inc and is not to be reproduced in vvho e cr in part Without the express permission of Spectacula• Electronic Advertts,ng Inc.. The colors shown on nis oresentaton are for i lustratrve purposes only and may vary from those used in the actual orodt.ct on of yo it sign due tc the onrbrg process and the trans.ucent rature of acry-ic sign paints and •arys. Specific paint colour numbers Tay be provided upon request. 32ft* TALL SECONDARY PYLON SIGN Design' Side C of Three Sided Display Featuring: Banner Display Height 17' Width 12' * i M6 Lower LED Video Screen =-_ - One Side of Three Sided NEW Continuous Amber LED Display with a total of ATHLETIC' - 52 feet of running message around the three sided CHC I perimeter. - LED Life - 100,000 Hours,r - Dimension Per Side: 1.7'x 17' ^s� Sign Specifications: Overall Size Per Side Height 32 - mac / Width 17 7 _ �j tAr -} This des ,5n is the property of ; pectacular Electronic Advertising !rc and s rot to be •eproducec n whole or r part without the express permss on of Spectacular Electroric Advert sing Inc The tears st•own on this presertation are for d!ustratrve purposes orly and may vary from ,hose used in Lie actual productior of your sign due to the prnbng process and .he translucent nature of acryl c sign paints arc vey!s. Spec;6c paint coleus rumbers may be provided upon reauest. .1... - TALISMAN COMPANIES, L.L.C. f I COMMERCIAL DEVELOPMENT, LEASING & MANAGEMENT' • October 4, 2002 Mr. Brad Hoffman 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Brad: As President of Talisman Companies, I formally request a variance from existing sign ordinances. Talisman began a process off turning around the Brookdale Mall in 1997. Through the tremendous cooperation and assistance of the City of Brooklyn Center, Mayor Myrna Kragness, the City Council McCasley and yourself, we have made substantial progress. • Talisman has invested to date over $80 million in the Brookdale, and I think that all can agree the mall is both beautiful and functional. New tenants are moving in everyday. However, the mall still has some vacancies, which need to be filled, and the long term prognosis for the mall though optimistic, cannot be viewed as certain. Hard work is still necessary. Part of the repositioning of the mall is in the exterior presentation and specifically the view toward Route 100. This unique frontage needs to be exploited; our tenants continue to ask for exposure. However, Route 100 is not a slow moving surface street - - it is a limited access highway with cars traveling at speeds of 55 miles per hour. A thirty -five foot ordinary pylon sign will be ignored. It is critical to have additional vertical height and to have a display that attracts attention. An LED sign fits the need. Talisman is very fortunate to have found Spectacular Sign. They are willing to invest the millions of dollars necessary to build these signs, but need advertising revenue to justify the cost. A 35 foot sign is not large enough to place sufficient rent paying advertisers, in this case tenants of the mall, to justify the large up front expenditure. Spectacular Signs believes that our tenants will not pay rent to be on the pylon unless the sign attracts attention, and is large enough that their name can be clearly seen from Route 100. The argument was raised at the planning commission hearing that Southdale and Rosedale do not have substantial pylon signage. Needless to say, these centers do not have the historic problem_ s of • Brookdale. We need to differentiate ourselves from the other "dales "; we need to do it better. If Brookdale is unable to become in all respects a superior alternative to its competition it will not be successful. Sameness is not sufficient. 1500 SAN REMO AVENUE, SUITE 135 • CORAL GABLES, FLORIDA 33146 • (305) 662 -9559 • Fax (305) 669 -9968 Page Two I Hoffman October 4, 2002 • The City and Talisman have invested a great deal of time and money in the mall. It has already become a great source of civic pride and hopefully will continue to increase in popularity. It should also generate significant tax revenues in one near future. Talisman respectfully requests that the variance be granted and that the work we all have started continue to a successful completion. Y s ve tru , s A. chle 1 g sir & CEO JAS /br c: /mydocs /brookdale/ 100402hoffmanpylonsign.doc • • • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist Subject: City Council Consideration Item - Planning Commission Application No. 2002- 015 Date: September 18, 2002 On the September 23, 2002 City Council Agenda is Planning Commission Application No. 2002 -015 submitted by Spectacular Electronic Advertising requesting a Planned Unit Development Amendment to allow signs at Brookdale Shopping Center to exceed the number, height, area and display features authorized as part of the Brookdale Planned Unit Development and the Sign Ordinance. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2002 -015 and also an area map showing the location of • the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their September 12, 2002 meeting and was recommended for denial by the Commission through adoption of Planning Commission Resolution No. 2002 -04. It is recommended that the City Council, following consideration of this matter adopt the attached resolution reflecting the Planning Commission's recommendation to deny the application. • • Application Filed on 8 -15 -02 City Council Action Should Be Taken By 10 -14 -02 (60 Days) Planning Commission Information Sheet Application No. 2002 -015 Applicant: Spectacular Electronic Advertising Location: Brookdale Center Request: Planned Unit Development Amendment The applicant, Spectacular Electronic Advertising on behalf of Brookdale Center, is seeking a Planned Unit Development (PUD) amendment to allow certain signs at Brookdale Center that would exceed the number, height, area and display features authorized as part of the Brookdale Planned Unit Development and the Sign Ordinance. The property in question is zoned PUD /C -2 (Planned Unit Development /Commerce) and is bounded on the north by County Road 10; on the east and southeast by T.H. 100; and on the west by Xerxes Avenue North. A Planned Unit Development rezoning from C -2 (Commerce) to PUD /C -2 of the Brookdale Regional Shopping Center was approved by the City Council under Resolution No. 99 -37 on March 8, 1999. Attached for the Commission's review is a copy of that resolution containing the various findings, considerations and conditions of approval for that proposal, which consisted of the rezoning of the property and development plan approval for the expansion, redevelopment • and rejuvenation of Brookdale Center. Condition No. 7 of the approval (found on the 4th page) states that the plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances with the exception of allowing two freestanding signs up to 320 sq. ft. in area along T.H. 100. The applicant is requesting a Planned Unit Development amendment for exceptions to the approved PUD and the Sign Ordinance in order to be allowed to erect: 1. Two 3 -sided freestanding signs to be located along T.H. 100, each of which would be 55 ft. high, approximately 650 sq. ft. in area per face, contain a flashing/chasing or motion message and may also contain off premise advertising. 2. One 3 -sided freestanding sign (to replace the existing freestanding sign) located on County Road 10 at the Northway Drive entrance, which would be 32 ft. high, approximately 281 sq. ft. in area, contain a flashing/chasing or motion message and may also contain off premise advertising. The City's Sign Ordinance regulates the type, number, structure, size, location, height, lighting and the erection and maintenance of all outdoor signs and sign structures within the city. Per the Sign Ordinance, Brookdale is allowed outdoor signery for commercial uses located in a C -2 zone. For freestanding signs, which are the subject of this PUD amendment, Brookdale, under • 9 -12 -02 Page 1 • the Sign Ordinance, is entitled to one freestanding sign along each street frontage that exceeds 400 ft. (3 -T.H. 100, County Road 10 and Xerxes Avenue). Each sign cannot exceed 250 sq. ft. in area and 32 ft. in height. Brookdale's PUD rezoning authorized two freestanding signs along T.H. 100 not to exceed 320 sq. ft. in area. The finding or justification outlined in Resolution No. 99 -37 (found on the third page of the resolution) for this modification from the Sign Ordinance was the "uniqueness of the size, diversity of uses and significance of Brookdale Mall. The Planning Commission report that is part of the PUD record cited the fact that the amount of frontage Brookdale had on T.H. 100 exceeded 3,500 lineal feet and that, given the amount of street frontage, it seemed reasonable to allow two freestanding signs along the T.H. 100 right of way. The 320 sq. ft. maximum size equals the largest allowable square footage for any sign authorized by the Sign Ordinance, that being a "new project identification sign" for a project with a land area over 10 acres. The size of Brookdale and the unique nature of the regional shopping center were basically the justification for the modification to allow two 320 sq. ft. signs along T.H. 100 rather than one 250 sq. ft. sign. As the Commission is aware, the PUD process involves a rezoning of land to the PUD designation followed by an alpha- numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case C -2) apply to the development proposal unless the City determines that another standard or use would be appropriate given mitigating circumstances that are offset by the plans submitted by the developer. One of the purposes of the PUD district is to give the City Council the needed • flexibility in addressing development and redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. The PUD process involves a rezoning of land and, therefore, is subject to meeting the City's Rezoning Evaluation Policy and Review Guidelines that are contained in Section 35 -208 of the City's Zoning Ordinance. Also proposals must be consistent with Section 35 -355 of the City's Zoning Ordinance, which addresses Planned Unit Developments. Attached for the Commission's review are copies of Section 35 -208 and 35 -355 of the City's Zoning Ordinance for review. As mentioned previously, the City Council adopted a resolution approving the overall PUD for the Brookdale redevelopment. That resolution contained the various findings and considerations necessary for approving that PUD. For the most part, these findings and considerations were made given the applicant's proposed'use and this proposed amendment is to deviate further from the modifications already allowed for signery on the site. Any approval of the PUD amendment should acknowledge compatibility with the Policy and Review Guidelines of the previously mentioned Section 35 -208 and also the provisions of Section 35 -355 of the Zoning Ordinance. Attached is a copy of the site plan for the Brookdale Planned Unit Development showing the proposed locations of signs contemplated in this PUD amendment. The proposed amendment must be consistent and compatible with surrounding land uses in the area. The proposed amendment should be offset by factors related to the development. Also, the overall development must be a reasonable use of the property and be considered to be in the best interest of the community. • 9 -12 -02 Page 2 • Signery proposals for PUD's are for the most part not part of the development plans. However, proposed modifications to the Sign Ordinance can be considered provided these modifications are consistent with the PUD approval and are appropriate given mitigating circumstances that are offset by the plans of the development proposal. As previously mentioned, Brookdale's PUD approval authorized two freestanding signs up to 320 sq. ft. in area on Brookdale's property along T.H. 100. The rest of the signery was to be consistent with the City's Sign Ordinance (Chapter 34). Specific sections of the Sign Ordinance that affect the applicant's proposal are the following (attached): Section 34 -100. STATEMENT OF PURPOSE. The purpose of this ordinance is to protect and promote the public health, safety, and welfare within the City by the establishment of comprehensive standards, regulations and procedures governing the erection, use or display of devices serving as visual communications media; to promote and preserve aesthetics within the City; to preserve the residential character of residential neighborhoods; to preserve order and cleanliness; to avoid the appearance of clutter; to avoid litter and the growth of weeds around signs; to provide for necessary visual communication, to preserve and promote a pleasant physical environment, to protect public and private property, and to encourage safety upon the streets and highways within the City of Brooklyn Center by preserving sight lines and reducing distractions to motorists; and to reduce administrative burdens by regulating the type, number, structure, • size, location, height, lighting and the erection and maintenance of all outdoor signs and sign structures within said City. The City Council finds that off premise advertising signs constitute traffic safety hazards and are unattractive. The provisions of this chapter regulating off premise advertising signs are consistent with other efforts within the City to enhance aesthetics and promote traffic safety, such as regulations pertaining to solid waste disposal, anti littering and traffic safety. Section 34 -110. DEFINITIONS. Off Premise Advertising Sign. (Billboard). A sign that directs attention to a business, commodity, service, or entertainment not exclusively related to the premises on which the sign is located or to which it is affixed. Sign — Any publicly displayed message bearing device for visual communication or any attention attracting device that is used primarily for the purpose of bringing the subject thereof to the attention to the public including any banner, pennant, symbol, valance or similar display. Sign. Flashing — Any illuminated sign on which the artificial light or color is not maintained at a constant intensity or color when such sign is in use, except for that portion of a sign providing public service information such as time, weather, date, temperature or similar information. • 9 -12 -02 Page 3 • Sim. Structure — The supports, uprights, bracing and framework for a sign including the sign surface itself. In the case of a wall sign, the sign surface constitutes the sign structure. In the case of a sign structure consisting of two or more sides, where the interior angle formed between any of the sides exceeds 15 degrees each side shall be considered a separate sign structure. Section 34 -130. 1 PROHIBITED SIGNS. 4. Flashing signs including indoor signs which are visible from the public streets. 5. With the exception of search lights which may be approved in conjunction with an administrative permit as provided in Section 35 -800 of the City Ordinances, no rotating beam, beacon or flashing illumination shall be used in conjunction with any display. 11. Off premise advertising signs except as otherwise permitted by Section 34 —140 and Section 35 -800 of the City Ordinances. Signs advertising a business no longer operating on the premises shall be deemed off premise advertising signs and must be abated in accordance with Section 34- 140.lj. • "The modifications to the PUD or Sign Ordinance that must be made to approve the applicant's request are the following: Pp pp 1. Allow a three faced sign which by Sign Ordinance definition is considered three separate signs. The applicant's request is for, in effect, nine signs at three separate locations that are only allowed to have a single sign. It should be noted that a two faced (back to back) sign is considered a single sign provided the interior angle formed between the sides of the sign do not exceed 15 degrees. 2. Allow a flashing sign to accommodate the chasing message or motion sign proposed for the lower portion of the sign containing the running message. 3. Allow an approximate 650 sq. ft. sign area (per face) rather than the 320 sq. ft. sign area for the two signs along T.H. 100, which were allowed by the PUD approval. 4. Allow 55 ft. high signs rather than the maximum 32 ft. high signs along T.H. 100 which are authorized by the Sign Ordinance. 5. Allow an approximate 281 sq. ft. sign area (per face) rather than the 250 sq. ft. sign area for the proposed new sign at the County Road I O/Northway Drive entrance. • 9 -12 -02 Page 4 • 6. Allow for the potential that these signs would include off remise advertising g( or a billboard) as proposed by the applicant and prohibited under the Sign Ordinance. The applicant has submitted their written request (attached) along with a site plan of Brookdale showing the location for the three 3 -sided signs. They list 14 reasons why the City should give consideration to their requested sign expansions. Basically, they argue that more numerous, bigger, taller, flashier, more visible signs are necessary for Brookdale. They incorrectly point out that no signs have been approved to be installed on County Road 10 (there is one at the County Road 10/Northway Drive entrance). They add that their proposal will eliminate instances that individual businesses will apply for their own signs avoiding a "hodge podge or clutters of unsightly signs on the mall property ". It should be noted that the Sign Ordinance limits freestanding signs to collectively identifying tenants or the complex. Wall signs are currently limited to collective or tenant identification as well and can only be allowed up to ten percent of the wall area. We do not anticipate a proliferation of freestanding signs or wall signs at Brookdale given the current Sign Ordinance requirements and Brookdale's own sign regulations only a . g flow selective tenants t Y o have exterior signage on the building. Again, no anticipated proliferation of signs is ever expected at Brookdale nor would they be allowed. Argument No. 10 made by the applicant might be considered disturbing given the City's Statement of Purpose in its Sign Ordinance. I don't know that it is desirable to establish • "landmark signs in the area and will become a standard for others to meet or beat ". It is arguable that this will "dramatically improve the signs in the area ". If the City allows larger, higher, flashier and off premise advertising signs without an appropriate Planned Unit Development finding and justification, we will constantly be faced with and challenged by other commercial establishments that think they need comparable signs to be es competitive (especially p ( p Y with Brookdale). Such a challenge could be successful if our findings are not adequate and supportable. The applicant also cites competition with Ridgedale Mall which has a very large sign. They note that to effectively compete with them, it is imperative that Brookdale have adequate signage in order to be able to maintain itself as a viable business. A quick review of the Sign Ordinances and regulations for other regional malls such as Minnetonka (Ridgedale), Edina (Southdale), Bloomington (Mall of America and Southtown Center) and Roseville (Rosedale) indicates that Brookdale signery is already competitive, and in fact in many cases, exceeds allowable signery at these major retail centers even without the expanded signs allowed by the Brookdale PUD. Ridgedale is governed by a covenant agreed to between the developer and the City of Minnetonka, which regulates outside signs, both freestanding and wall signs. Freestanding signery at the center is allowed only to have the words "Ridgedale Center" and no other tenant or business identification is allowed on the freestanding signs. Major stores and restaurants are allowed wall identification signs only. Minnetonka does not permit motion or running signs and no billboards or off premise advertising signs are • 9 -12 -02 Page 5 • allowed. Three sided signs are considered to be separate signs. The freestanding signs allowed for Ridgedale are on 394 and Plymouth Road. The 394 sign is approximately 400 sq. ft. in area. In Edina, Southdale Center is allowed signery the same as other commercial establishments in that zoning district. Wall signs are allowed to be up to 15 percent of the wall area. One freestanding sign not to exceed 100 sq. ft. in area is allowed to identify Southdale Center on one street frontage. A second freestanding sign not to exceed of 50 sq. ft. in area is allowed on another frontage. The maximum height of these signs is 20 ft. No motion or running signs are allowed and billboards or off premise advertising signs are not allowed as well. In Bloomington, the Mall of America signery is considered separate from the Bloomington Sign Ordinance. The allowable signs are as approved in the development agreement. On the north and south sides of the mall are freestanding signs and also freestanding letters on ground. The major tenants such as Nordstrom's, Bloomingdale's, etc. are allowed wall signs, .the rest of the tenants are allowed no exterior signs either wall or freestanding. No motion signs or off premise advertising signs (other than pre- existing signs) are allowed in Bloomington. A three sided sign would be considered to be more than one sign. It is the opinion of the Bloomington staff that large, chasing, motion or running signs don't attract more business and that these signs don't make the centers more competitive. They also added that the Mall of America has surprisingly few signs. • In Roseville, Rosedale is not considered a special exception but rather is allowed the same signery allowed for other commercial establishments located in the same zoning districts. Rosedale is allowed freestanding signs on major frontage such as Hwy 36, County Road B2, Fairview and Snelling. The size of the sign is limited to 100 sq. ft. in area and no higher than 20 ft. Currently they have two such signs. Chasing, motion, or flashing signs are not allowed in Roseville and billboards or off premise advertising signs other than existing non - conforming signs are prohibited. Certainly, Brookdale's allowable signery is competitive with the major shopping centers in these four other communities. PROCEDURE As pointed out previously, this proposal is an amendment to the Planned Unit Development approval granted for the Brookdale Regional Shopping Center. As a Planned Unit Development amendment, the proposal is required to follow the procedures required for the original Planned Unit Development. This requires a public hearing, which has been scheduled. Notices of the Commission's consideration have been sent and a notice has been published in the Brooklyn Center Sun/Post. The Planning Commission must decide if the applicant's proposed PUD amendment to allow certain signs at Brookdale to exceed the number, height, area and display features authorized as • 9 -12 -02 Page 6 • part of the Planned Unit Development or by the Sign Ordinance is consistent with and compatible with the Planned Unit Development section of the City Ordinances. The Commission may wish to discuss various aspects of the proposal and to what extent such amendments may be considered appropriate. Concern is expressed especially with allowing flashing or chasing messages particularly along T.H. 100 and the authorizing of off premise advertising signs. These signs specifically seem inconsistent with the statement of purpose outlined in Section 34 -100 of the Sign Ordinance. Also, the question of the number of signs is important. Interpreting the ordinance to allow three sided signs as one sign should be reviewed carefully. The question of height and area may be debatable. The Planning Commission is also cautioned that to allow modifications to the PUD that are not justified or cannot be considered compatible with the PUD approval, could potentially lead to challenges opening the door for off premise advertising signs, flashing signs and much larger signs at other commercial locations. A draft Planning Commission Resolution will be prepared outlining the Commission's consideration of this matter and contain necessary considerations and conditions for a recommended approval, approval in part, denial or denial in part. • • 9 -12 -02 Page 7 V � I I � �' : :y: `• a! ; :' its �; w�cvy..., c�z_a:`ii �"v.LT.F. .. 63RD. AVE. N. 1 N ,'��. ^:ii ' ?seA <<�c ^•:_z.•',•�'ass e . { I - TATiON `. s"`�,`�:ji'�. t s° _ �.:.. �. "•.:i•.= :r+'. - "`4 T •�Jw - Q' ._•fir. .3 " ::� • ;::•a•a•p_.•6:r;s N D. ��:,; M, - .. -:';.. r K p ., S :4;in_�itj • Ct1'XR: { ti +t`i✓y1: � �' l• =j{}'v �1 ^l �:"...lv ..'t l vc'l i �•'v� 0 C2 O :. ±- :.'fir" .ii1� :tl.:,i�Jti i� :..' l.- n:: ".: ! >'•::.'":N 1A N. ai ". =fc y5 {'.�_ N xi. EARLEHR' N ` 4�: ;:a ,:...' t t + R 7 HERITAGE 6 - any, ' •S`c. a ±;;� , ` 1t7 (C ::i >�..... � CENTER '•" �c: ;ty:7j�`::''i"`'��'`'..;,,if:3T vim` "J�' SUIT :,., , .. ...�.. C 1 A r - ,'°'•' -;s- � =• l.:rstf: Is`+ a� a� �•i zn =` ..:'s :..F =;r= a : = HENNETINCO. S S N LIBRARY 6 O1 :" �:�CE C2 MI -s� ~S R7 CENTER N . 112 AV m VE V VE P � R. � CENTR �� AL COMMERCE C1 r SRS OVERLAY'} DISTRICT (CC) z 5 4 G C2 g CO. RD. N0.10 — d a f, PU ':(' .;'r NORTHPORI SCHOOL. AVE -:,. a 'r "li '> tea'" 5.': F� f; c rTtq�:is�+ N Planning Commission Application No. 2002 -01_ R, e.3=c " ;{i`c`• w � a '` ! i':' ✓ -..' - 1'� ��i..`7:"O: W 4 Q _ � � �1�1`- '¢s�?>r- =+';,•;fir ?f:?;'; t.'" � W AVE � �1 ^-: rub•.'+ -?., �'�r`F _ R � a�9R D V R5 ---� --� -- ----- — R3 Wl Al , p t ' Oil : ' � e ,)tt j �• ••Ia� S {{ 1 {� • � + #E, { t� +1 ;�� f �� t t� t `j �„ y � ; � 1 • t ft i!E)g 114 1 till 411i"Jilp I fig 1 I ft-'I 1 41.4 i P. i I 1�" " • nu III 141 ' Imill l - I � � m ''' � - zt / w w � !f L % =IT ... ... ... . 4p 77- .................... I ......... ............ ................ I . ........ .......... ............. ............. i ................... .............. ............... IN A M-2 Hill ......... Member KaY Lasman introduced the following resolution and moved its adoption: RESOLUTION N0. 99 -37 RESOLUTION REGARDING DISPOSITION OF PLANNING COMNIISSION APPLICATION NO. 99001 SUBMITTED BY TALISMAN BROOKDALE, LLC. WHEREAS, Planning Commission Application No. 99001 submitted by Talisman Brookdale, LLC proposes a rezoning from C -2 (Commerce) to PUD /C -2 of the Brookdale Regional Shopping Center which is bounded on the north by County Road 10, on the east and south by T. H. 100 and on the west by Xerxes Avenue North; and WHEREAS, this proposal comprehends the rezoning of the above mentioned property and site and building plan approval for the expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center to include the following; 1. The reconfiguration of the west end of the mall including an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat theater; 2. An approximate 13,200 sq. ft. addition to the north entrance to the mall for • two restaurant sites; 3.- An approximate 13,000 sq. ft, addition for general retail use and revised mall entry way along the southerly side of the complex adjacent to Dayton's; 4. A 4,650 sq. ft. freestanding Applebee's restaurant building along Xerxes Avenue North, northerly of the 56th Avenue entrance to the Brookdale Center; 5. Conceptual approval, subject to further Planning Commission and City Council review and approval, of four additional freestanding restaurant and/or retail buildings to be located around the perimeter of the shopping center; and WHEREAS, the Planning Commission held a duly called public hearing on February 25, 1999; when a staff report and public testimony regarding the rezoning and site and building plan were received; and WHEREAS, the Planning Commission recommended approval of Application No. • 99001 by adopting Planning Commission Resolution No. 99 -02 on February 25, 1999; and • RESOLUTION NO. 99 -37 WHEREAS, the City Council considered Application No. 99001 at its March 8, 1999 meeting; and WHEREAS, the City Council considered the rezoning and site and building plan request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 99001 submitted by Talisman Brookdale, LLC in light of the following considerations: 1. The rezoning and Planned Unit Development proposal are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance and will allow for the redevelopment and • rejuvenation of the Brookdale Regional Mall which is a unique development within the City of Brooklyn Center and whose viability is considered to be vital to -the stabilization of other commercial properties within the community. 2. The rezoning and Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as wen ll as those permitted on surrounding land. 3. The utilization of the property as proposed under the rezoning and Planned Unit Development proposal will conform with city ordinance standards for the most part with the exception of the following allowed variations from the zoning ordinance which are considered reasonable standards to apply to this proposal: • Allow 5 ft, rather than 15 ft. greeenstrips at certain locations where an appropriate 3 to 3 1 h ft. high decorative masonry wall shall be installed to offset negative effects (this standard has been allowed in other areas within the cit • RESOLUTION NO. 99 -37 • Allow a 35 ft., or non -major thoroughfare setback for certain out building locations based on variances that have been allowed for other commercial buildings along major thoroughfares and seem appropriate in this location as well. • Allow a 4.5 parking spaces per 1,000 sq. ft. of gross leasable area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area required based on the shared parking analysis provided and on Urban Land Institute Methodology indicating a maximum of 5,133 parking spaces as being needed for the Brookdale Mall given the mix of uses and square footages proposed in order to meet the maxim weekday and weekend hourly demand, which is also in keeping with at least two major regional malls in the area. • Allow the 60 ft. wide parking dimension standard for 9Q degree parking rather than the 63 ft. required separation based on the fact • that Brookdale has previously been allowed to have the 60 ft. parking standard and it appears that it would work in this situation. • Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 based on the uniqueness of the size, diversity of uses and significance of Brookdale Mall. • Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics Of multiple stops per person at the Center. 4.• The rezoning and Planned Unit Development proposal are considered compatible with the City's Comprehensive Plan for this area of the city. 5. The rezoning and Planned Unit Development appear to be a good utilization of the property under consideration and the redevelopment and rejuvenation of Brookdale Regional Mall are an important long range use for the'existmg property and are considered to be an asset to the community. • K RESOLUTION NO. 99 -37 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brookiyn Center that approval of Application No. 99001 be subject to the following conditions and considerations; 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading; drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior • to the issuance of building permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment,shall be appropriately screened from view. 5. The buildings and building additions are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all new landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances with the exception of allowing two freestanding signs up to 320 sq. ft. in area along T. H. 100. 8. Plan approval acknowledges a proof of parlflng for the Brookdale Shopping Center based on providing 5,700 parldng spaces on site. • • RESOLUTION NO. 99 -37 The applicants are allowed to retain the existing parking conf�guration except where required modifications are to be made based on building expansions or additions. New parking lot construction or reconfiguration shall require concrete parking delineators as approved by the City Engineer. 9. The applicant shall submit as built surveys of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter in an easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to -the issuance of permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. • 12. Approval of the application is subject to the review and approval of the Shingle Creek Watershed Management Commission with respect to storm drainage systems. Effective compensating storage shall be approved prior to the construction and filling for the proposed building No. 5 on the site plan. 13. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall acknowledge the various modifications to city ordinances and the rationale for allowing such deviations by the City Council and the conditions of approval to assure compliance with the'approved development plans. 14. Plan approval is granted for the Applebee's Restaurant building as presented (Building No. 2 on the site plan). 15. Conceptual approval only is granted for three other out buildings shown on the site plan as Building No:' 3, Building No. 4 and Building No. 5. Planning Commission review and City Council approval in the form of a Planned Unit Development amendment shall be obtained prior to the issuance building permits for these buildings. • RESOLUTION NO. 99 -37 16.. The costs for traffic signals at the 55th Avenue and 56th Avenue intersections with Xerxes Avenue shall be the responsibility of the applicant. 17. The plans shall be modified to show: a. A 3 - ft. to 3 Ih ft. high decorative masonry wall in locations other than along T. H. 100 where greenstrips are less than 15 ft. b. The elimination of the access from the perimeter road to the parking lot east of Building No. 3. C. The location of the Shingle Creek Regional Corridor Trail through the Brookdale parking lot. d. The removal of Building No. 1 which is not part of the conceptual • approval granted at this time. 18. Applicant shall enter into a development agreement, in a form approved by the City Manager and the City Attorney, that assures that adequate provision will be made to accommodate public mass transit circulating through the parking lot of the center and to allow for passengers to be dropped off and picked up at the center. The applicant shall not be required to provide space or accommodations for mass transit vehicles parking, stacking, or laying over; for parking of privately owned vehicles of mass transit patrons; or for the transfer of passengers between mass transit vehicles. March 8. 1999 / Date 0 Mayas ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Ed Nelson and upon vote being eing taken thereon, the following voted in favor thereof: Myrna Kragness; Kay Lasman, F13 Nelson, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CHAPTER 34 - SIGN ORDINANCE Section 34 -100. STATEMENT OF PURPOSE. The purpose of this ordinance is to protect and promote the public health, safety, and welfare within the City by the establishment of comprehensive standards, regulations, and procedures governing the erection, use or display of devices serving as visual communications media; to promote and preserve aesthetics within the City; to preserve the residential character of residential neighborhoods; to preserve order and cleanliness; to avoid the appearance of clutter; to avoid litter and the growth of weeds around signs; to provide for necessary visual communication, to preserve and promote a pleasant physical environment, to protect public and private property, and to encourage safety upon the streets and highways within the City of Brooklyn Center by preserving sight lines and reducing distractions to motorists; and to reduce administrative burdens, by regulating the type, number, structure, size, location, height, lighting and the erection and maintenance of all outdoor signs and sign structures within said City. The City Council finds that off - premise advertising signs constitute traffic safety hazards and are unattractive. The provisions of this Chapter regulating off-premises advertising signs are P g gns consistent with other efforts within the City to enhance aesthetics and promote traffic safety, such as regulations pertaining to solid waste disposal, anti- littering, and traffic safety. Section 34 -110. DEFINITIONS. The language set forth in the text of this ordinance shall be interpreted in accordance with the following definitions. Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural includes the singular. • Billboard - See Off - Premises Advertising Sign. Building - Any structure erected for the support, shelter, or enclosure of persons, animals, chattels or movable property of any kind. Business - Any establishment, occupation, employment or enterprise wherein merchandise is manufactured, exhibited or sold, or where services are offered for compensation. Canopy - An accessory roof -like structure either attached to or detached from a permitted building, open on all sides, other than where attached; which is located over and designed to provide cover for entrances, exits, walkways, and approved off -street vehicle service areas (such as gasoline stations, drive -in establishments, and loading berths). Dwelling - A building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one - family dwellings, two-family dwellings, and multiple Y g family dwellings; but not including hotels, motels, commercial boarding or rooming houses, tourist homes, and trailers. Dwelling Unit - A single residential accommodation which is arranged, designed used or intended for use exclusively as living quarters for one family; must include complete, permanently installed, kitchen facilities. Where a private garage is structurally attached, it shall be considered as a • part of the building in which the dwelling unit is located. City of Brooklyn Center 34 -1 City Ordinance K Floor space used for mechanical equipment where the structural headroom exceeds seven • and one -half feet, except equipment open or enclosed, located on the roof, i.e., bulk needs, water tanks and cooling towers. 4.. Attic floor space where the structural headroom exceeds seven and one -half feet. 5. Interior balconies or mezzanines where the structural headroom exceeds seven and one - half feet. 6. Enclosed porches, but not terraces and breezeways. 7. Accessory uses, other than that floor space devoted exclusively to accessory off - street parking or loading. Home Occupation - Subject to the further limitations of Section 35 -405 of the Zoning Ordinance, a home occupation is any gainful occupation or profession, carried on within a dwelling unit, by a family member residing within a dwelling unit, which is clearly incidental and secondary to the residential use of the. dwelling unit and the lot upon which it is constructed, including, without limitation, dressmaking, secretarial services, professional offices, answering services, individual music or art instruction, individual hobby crafts, and day care and similar activities. Home Occupation, Special - Subject to the further limitations of Section 35406 hereof, and • subject to approval by the City Council, a special home occupation is any gainful occupation or profession carried on within a dwelling g unit or any permitted accessory buildings or installations on a lot, by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit, the accessory structures, and the lot upon which it is constructed, including, without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities. Industry - An enterprise which involves the production, assembly, processing or storage of materials, goods or products. Lot - A lot is a parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for the purpose of sale or lease or separate use thereof. Lot Line - A property boundary line of any lot held in single or separate ownership. Off - Premise Advertising Sign. A sign that directs attention to a business, commodity, service, or entertainment not exclusively related to the premises on which the sign is located or to which it is affixed. Roof Line - That line at which an exterior wall surface of a building tructure departs from a g P • vertical plane. City of Brooklyn Center 34,3 City Ordinance Rummage Sale. - The infrequent temporary display and sale, by an occupant on his or her .` premises, of personal property, including general household rummage, used clothing and appliances, provided: the exchange or sale of merchandise is conducted within the residence or accessory structure; the number of sales does not exceed four (4) per year; the duration of the sale does not exceed three (3) consecutive days; any related signery shall conform with the sign ordinance provisions; and the conduct of the sale does not encroach upon the peace, health, safety, or welfare of the citizens of Brooklyn Center. Setback - The minimum horizontal distance from a building, hedge, fence, wall or structure to the street or lot line. Sign - Any publicly displayed message- bearing device for visual communication or any attention attracting device that is used primarily for the purpose of bringing the subject thereof to the attention of the public including any banner, pennant, symbol, valance or similar display. Sign. Camnaian - a temporary sign promoting the candidacy of a person running for a governmental office or promoting a position on an issue to be voted on at a governmental election. Sign. Canopy. - An identification sign affixed to a canopy or marquee. Such identification signery shall be considered a type of wall sign provided the canopy (or marquee) and the sign upon it meet the requirements of Section 34 -140 Subd. 3. In other cases, canopy signs shall be considered either roof signs or freestanding signs and are interchangeable with such signs. Sign. Directional, - A sign, the primary function of which is to provide locational directions. Sign. Flashing; - Any illuminated sign on which the artificial light or color is not maintained at a constant intensity or color when such sign is in use, except for that portion of a sign providing public service information such as time, weather, date, temperature or similar information. Sign. Freestanding - A sign which is not affixed to any part of any building and which is rather supported by upright braces or posts placed in the ground. Sien. Gross Surface Area of - The maximum projected area as viewed from any point, calculated as follows: A polygon with a single continuous perimeter whose sides are made up of straight lines (which in no case pass through or between any adjacent elements of the sign and whose interior angles are each less than 180 degrees). However, such perimeter shall not include any structural elements (forms, braces, posts, etc.) lying outside the limits of such sign surface and not forming an integral part of the display. Sign. Identification - A sign, the primary function of which is to identify an establishment located upon the premises where such sign is located, or to which such sign is affixed. Signs identifying industrial establishments may secondarily call attention to the products, goods or materials which are produced, processed, assembled, or stored upon the premises. 34 -4 Sian. Illuminated - Any sign upon which artificial source. light is directed or which has an interior light .`� Sian. Informational. - Any sign which conveys information and which cannot be classified as a directional or identification sign. Sian. Noncommercial Opinion or Expression, - A sign which does not advertise products, goods, businesses or services and which expresses an opinion, statement or point of view. Sian. Portable, - A sign so designed as to be movable from one location to another and not permanently attached to the ground or to any immobile structure. A portable sign may consist of a mobile structure such as a semi -truck trailer or other device whose primary function during a specific time period is to serve as a sign. Sian. Proiectina - A sign which is affixed to the wall of a building and extends outward from the building wall. Sian. Roof - A sign erected or attached in whole or in part upon the roof of a building, or a nonfreestanding sign which projects above the roof line of a respective building. Sian. Structure - The supports, uprights, bracing and framework for a sign including the sign surface itself. In the case of a wall sign, the sign surface constitutes the sign structure. In the case of • a sign structure consisting of two or more sides, where the interior angle formed between any of the sides exceeds 15 degrees each side shall be considered a separate sign structure. Sian_ Temvorarv, - A sign which is erected or displayed for a limited period of time. Sian. Wall - A sign which is affixed upon and parallel to the wall of a building. Street Line - The common boundary line of a street right -of -way and abutting property. Use - The purpose or activity for which the land or building thereon is designated 'arranged or intended, or for which it is occupied or maintained. Section 34 -120.. NONCONFORNUNG USES. Any sign legally existing on the effective date of this ordinance which does not conform to the requirements set forth in this ordinance shall become a nonconforming use. Nonconforming, permanent signs shall be allowed to continue but shall not be rebuilt, materially altered, or relocated without being brought into compliance with the requirements of this ordinance, except that any flashing portion shall be discontinued within 30 days after the effective date of this ordinance. 34 -5 Section 34 -130. PROHIBITED SIGNS. • 1. Signs s that, by reason of position, shape, or color would interfere with the proper function of a traffic sign or signal. 2. Signs within the public right -of -way or easement, except for government installed signs. 3. Signs that resemble any official marker erected by a governmental agency or that display such words as "Stop" or "Danger ". ;+ 4. Flashing signs including indoor signs which are visible from the public streets. 5. With the exception of searchlights which may, be approved in conjunction with an Administrative Permit as provided in Section 35 -800 of the City Ordinances, no rotating beam, beacon or flashing illumination shall be used in connection with any display. 6. Signs or sign structures that obstruct any window, door, fire escape, stairway or opening intended to provide ingress or egress for any building structure. With reference to commercial and industrial districts, signs painted on the inside glass portion of windows or doors are permitted. 7. Banners, pennants, streamers, balloons, stringers or similar attention attracting devices, • unless approved in conjunction with an Administrative Permit as provided in Section 357 800 or unless authorized by Section 34 -140, Subdivision 2m of the City Ordinances. 8. Sign posters that are tacked or posted on trees, fences, utility poles or other such supports. 9. Portable signs, except as g p provided in Section 34 -140, Subdivision 2f unless approved in conjunction with an Administrative Permit as provided in Section 35 -800 of the City Ordinances. 10. Roof signs except as provided in Section 34 -140, Subdivision 3A(l). 11. Off - Premises Advertising Signs except as otherwise permitted by Section 34 -140 and Section 35 -800 of the City Ordinances. Signs advertising a business no longer operating on the premises shall be deemed off - premises advertising signs and must be abated in accordance with Section 34- 140.1j. 12. Signs painted directly on building walls. 13. All other signs not expressly permitted by this ordinance. 34 -6 JUN -27 -02 12:07 PM FIRST CAPITAL ENT. INC. 604 320 7367 P_02 301 - 1440 CREEKSIDE DRIVE • VANCOUVER, B.C. V6J 586 i PHONE 604-736 -4890 FAX 604- 736.6650 ELECTRONIC ADVERTISING June 24` 2002 14r. Ron Warren Manning & Zoning Specialist 6301 Shingle Creek Parkway : 3rooklyn Center, MN 55430 'Dear Ron, I have reviewed the documentation with respect to the signage for Brookdale Center that was provided to Bradford Freeman and it seems that some time ago that the City of Brooklyn varied the sign ordinances to allow for the installation of 2 freestanding sigr.,s on Highway 100. The signs that were approved are each to be 32 ft in height and 320 ;q. ft. Since then, the mall owners Talisman Brookdale Associates have been made aware ol'a unique sign installation offered by Spectacular Electronic Advertising whereas Spectacular pays 100% of the costs to have signs manufactured, installed and mairktai.:led. • In addition, each main sign features an LED VIDEO DISPLAY that allows retailers the ability to instantly advertise their specials or sales and the mall to make the passing motorists aware of the time, temperature, mall hours of operation etc. As well as this, the mall will be able to offer free advertising time on the video displa. y to local and national non- profit charity n' these P o izations. This will greatly benefit th t3' 8 g1' Y organizations and promote good will in the community. Based on aforementioned, the mall owners have requested for Spectacular Electronic Advertising to apply for a variance to have the following signs installed. 1. 2 — 3 sided — 5 5f tall pylon signs on Highway 100; 2. 1 — 3 sided - 32 ft tall pylon sign on County Road 10. The designs have already been submitted to you. The main reasons that the permits should be varied are as follows: 1. The signs that are being offered by Spectacular Electronic Advertising are very unique in size and shape and will offer a far more pleasing visual appearance than traditional pylon signs that the mall may be able to afford. The retail value of the total sign package being proposed by Spectacular Electronic is well over $1,:? million dollars; • www.spectacularelectronic.com A WORLDWIDE ELECTRONIc ADVERTISING COMPANY JUN -27 -02 12:07 PM FIRST CAPITAL E NT. INC. 604 320 7367 P.03 Because of their uniqueness they are very, very expensive to install and mainta: n. Spectacular earns it income from leasing advertising panels to the tenants, whi ; allows them to be able to pay for the signs. Therefore they have to be larger and offer more advertising space to the tenants; 2. The mall has over 90 businesses' in it and each of them require adequate expo:ure on all traffic flows passing the mall so that they will remain in business and provide employment to many individuals in the area. The signs that are being proposed offer more, larger and better advertising panels and in the event a retailer is unable to obtain space on the sign faces they will be able to advertis;; on the LED VIDEO SCREEN; 3. The mall requires exposure on all traffic flows and at this time no signs have been approved to be installed on County Road 10. This is the location of one of the main entrances and a sign is required here so that shoppers will be able to determine where the mall entrance is. 4. It is a proven fact that large signs installed at the point of purchase is the most effective and cost efficient means for a business to advertise its products and services and it is a necessity that the business's in the mall have an opportunity to advertise in this manner to ensure that they and the mall remain as a viable business concern. 6. The mall is agreeing in its agreement with Spectacular that it will not allow aj%y individual business's to install its own signs, thereby eliminating any instances that individual business's will apply for their own signs. In other words there will • never be a hodgepodge or clutters of unsightly signs on the mall property; 7. The signs proposed by Spectacular Electronic are compatible with the new exterior of the mall and will dramatically improve and enhance the visual appearance of the newly renovated mall; 8. That the mall area is very, very large with a tremendous amount of highway exposure and signs of this size and shape will be suitable for such an area. 9. If the 90 plus tenants in the mall were individual businesses and stretched alc:ig the highway they would require at least 90 individual signs, composed of thousands of sq. ft. in size. The proposed signs allow for many business's to advertise on a few signs, thereby permanently eliminating any need for this. 10. The proposed signs will become landmark signs in the area and will become a standard for others to meet or beat, thereby ensuring that others install the mc; st visually appearing signs. This will dramatically improve the signs in the axes. :. thereby improving the visual appearances of your city. I l . The mall and Spectacular Electronic Advertising is interested in promoting g, Dod will in the community and surrounding areas and will make advertising time available on the LED VIDIO SCREEN "free of charge" to any and all non - profit and charitable organizations that may wish to advertise on it from time to time: „. This will allow organizations such as cancer societies etc, to place their messages in full view of hundreds of thousands of individuals on a daily basis, thereby providing a valuable service to many unfortunate individuals. • JUN -27 -02 12:08 PM FIRST CAPITAL ENT. INC. 604 320 7367 P-04 12. Highway 100 is very wide and in order to reach traffic on the far side of the Highway signs of at least 55 R tall and the requested square footage must be installed. 13. As well as this, the traffic travels at a very high speed on this freeway and for the sign to be readable it must have large easy to read advertising panels. 14. Brookdale Mall is in direct competition with Ridgedale Mall, which has a N>er, large sign. In order to effectively compete with them it is imperative that Brookdale has adequate signage in order to be able to maintain itself as a viable business, Thank you for your consideration in this matter and I would appreciate it if you woulcl ichedule our submission to be heard on July 25", 2002. Yours truly, 1 Ken Meiklejohn President Spectacular Electronic Advertising (Minnesota) Inc. • Requesting a variance to install the following:' 1. One 55 ft high main double face sign as per sketch #1 on the shopping mall property at spot marked #1 in the attached site plan. in the ft high double face sign as per sketch #2 on the shopping mall property at spot marked #2 in the ched site plan. 3. One 32ft high double face sign as per sketch #? the shopping mall property at spot marked #3 in the attached site plan. Hopefully this will answer their questions. Thanks Ken - - - -- Original Message - - - -- From: Ken Meikleiohn To: FreemanB7022(a Sent: Tuesday, June 04, 2002 4:20 PM Subject: NEWS FROM SPECTACULAR ELECTRONIC ADVERTISING BRADFORD 165 TALL SIGN THANKS KEN • 6/5/02 ti4 - y'S'r K _ • may:.. - ' \ate '.:, "y„:5• ". M Y' ,.. 'i:`(,::N`. „ ,'\ y Vh `.:„tip . 'Y1 . • 55 FT. TALL MAIN PYLON SIGN Side A &B of Three Sided Display t- Featuring ?A d Upper Video LED Display, - 16.7 Million Displayable Colors - LED Life - 100,000 Hours Dimensions: 5'x 14'_ { = T � Lower LED Video Screen - One Side of Three Sided - � Continuous Amber LED Display with a total of ® • • 70 feet of running message around the three sided perimeter. - LED Life - 100,000 Hours - Dimension Per Side: 2.5'x 23' • Sign Specifications: Overall Size Per Side Height 55' _ _... Width 23' _ k Top Feature Mail Display 11' x 16.5' -- 8 Advertising Panels I t Height 4.6' Width 7.5' KRIF"Ww'"W" ­777710 1 1 1 1 11 1 asP. Plan View Of� 3 Sided Display Z=" This design is the property of Spectacular 8ectronic Acver9sing Inc. and s rct to to reproduces v whole or in cart wtncut the express cermrssion of Spectacular :lectror,c Actvemsing Inc.. The colors shown or, this presentation are for :Ih strahve mrpcses or•ly 3rd may vary from :rose used in the aca.al production of your sign cue to the pnnung process and :he trarslucent nau:re of acrylic sigr paints anc v!ryls. S ec:fic part ccicur rumoers m to rovrced on r P may P �.P equ est 55ft-o TALL MAIN PYLON SIGN Design 1 Side C of Three Sided Display - J Featdrin • = `� Banner Display° Height 32' ' _ NEW Width 16' = ATHLETIC ;- - Lower LED Video Screen - CHIC - One Side of Three Sided' x *^ Continuous Amber LED Display with a total of 70 feet of running message - around the three sided t perimeter.' -tom • - LED Life - 100,000 Hours Dimension Per Side: 2.5'x 23 macy Sign Specifications: - W, — Overall Size Per Side Height 55' Width 23' r: V AN This design is the propert/ of Spectacuiar Elec nuc Ad ertsmg 6x, and is rot :o oe reproduced In wnoie or r part wttl-out dz egress permission of Spec acdar Eleciroric Advertising Inc.. The colors shown on this presertahon are for illusvatve purposes only and may vary from those used -n he actual production of your sign due to fie p;rling process and :he translucent natwe of acryk sign palms arts , .rnyls. Sr-ecfc paint colour number may be providee upon reques* rlo'_..:.r. !: 55fto TALL MAIN PYLON SIGN Designs • Side C of Three Sided Display �` Fe'atu'ring: Banner Display Height 32' NEW ' Width 16' ATHLETIC Lower LED Video Screen V A. HIC - One Side of Three Sided Continuous Amber LED Display with a total of 70 feet of running message a ` around the three sided i f • perimeter. l' LED Life - 100,000 Hours �.. Dimension Per Side: 2.5'x 23' macy Sign Specifications: s Overall Size Per Side ! _ Height 55' - Width 23' -� u r - ..a _ '`t. - ✓ �:. _ Sri' This design is the property of Spectacular Jectronic Adwertsing Inc and is not to oe reoroduced in whole or in part wftut the express permission of Spectacular "clectronc Advertising Inc.. The colors shown on this oresentaten are for HILL taLve purooses only and may vary from those used :n :he actual production of your sign due to the prrong process and the translucent nature of acrylic sign. gains ar.d vlrryls. Spec15c paint colour numbers may be provided upon request 55ftt 'FALL MAIN PYLON SIGN Des R • �t m ° Side A &B of Three Sid¢d Display x Feat uring• ? - Lower LED Video Screen_: r - One Side of Three Sided '"�► Continuous Amber LED Display with a total of 70 feet:of running message around the three sided perimeter. - LED Life - 100,000 Hours - Dimension Per Side: 2.5'x 23' • Sign Specifications: ; Overall Size Per Side Height 55' Width 23' Top Feature Mall Display E 13'x 15' 10 Advertising Panels Height 4.5' Width 7.5' Scale: 1" = 8' , Plan View Of 3 Sided Display k�"• • ��� Side A Thts deswn is the property of Spectacular cleCtronrc Advertsing Inc. and IS not to oe reorodxed in Whole or in part WthCLt the exzress permission of Spectacular Electronic Advertising Inc.. The colors sf c m on this presentation are for illustrauve purposes only and may vary from those used -n the actual production of your sign due to the pnnung process and to translucent nature of acrylic sign pants and vutyts. Specific paint colour numbers may be proHded upon request. - X71_ , _;,__*f�rC=_• iJ _COt.D's55'.=- ?- �,��d�- ;� ?cc�,G 32ft* TALL SECONDARY PYLON Design # � • ={ Side A &6 of Three Sided Display Featuring: Lower LED Video Screen - One Side of Three Sided Continuous Amber LED Display with a total of ro 52 feet of running message aro und the nee sided - .�►�H 1 -M - perimeter. LED Life 100,000 Hours - Dimension Per Side: 1.7' x 17' Sign Specifications: Overall Size Per Side Height 32' 32' Width 17' A • Top Feature Mall Display - -- :F AJ 9'x11' 1 - 8 Advertising Panels �L =��.� k Height 2.5' Width 5.5' Scale: 1" = 5' ow Plan View Of �+ �,Y T P- 3 Sided Display I ( Side A per) This desrgr s the prope^.y cf Spectacular Jecuoric Advertsing Inc. and is not to be reproduced in while or in part wthout the express permission of Spectacular Electronic AdveII6.ng Inc.. The colors shown on this oresentaton are or rlustratrve purposes enry and may vary from those used n Vie xtual producton of your sign due to to onrtrg process and the trans.ucent rature of ar_ryx sign paints and virryis. Soecific paint colour numbers may be provided upon request 32ft* TALL SECONDARY PYLON SIGN Design s • Side C of Three Sided Display Featuring: ; Banner Display Height 17' . v '' ;rte 1 Width 12' Lower LED Video Screen - One Side of Three Sided NEW Continuous Amber LED = ;• Display with a total of ,a ATHLETI feet of running message around the three sided CHIC � t perimeter. ' LED Life - 100 000 Hours Dimension Per Side: 1.7'x 17' Sign Speci fications: Overall Size Per Side � • AGM 3 Height 32'; ✓_ _ y` i ='a. Width 17' =3s e ma - 3 ; -'- �u n i a. _s This desigr is the property of Spectacular Jectron c Advertising Irc. and s not to be reproduced •n whole or ;n part without the express permission of Spectacular Jer ✓oric Advertising Inc . The ce!ors shown or ;his pfesertaticn are for Nustrative ourpcses ony and may vary from those used in the ac ual production of your sign due to the prnbng process and t"e translucent nature cf acrylic s en paints arc veyls. Speck pairt colcur rumbers may be provided upon recuest. h Page 1 of 1 Main Identity • From: "Barbara Rodriguez" <brodr' g iguez @talismancorporate.com> To: <ken @spectacularelectronic.com> Sent: Thursday, June 20, 2002 2:00 PM Subject: FW Brookdale - Ground Lease for a Pylon Sign Barbara Rodriguez Executive Assistant to Mr. James A. Schlesinger President & CEO Talisman Companies LLC - - - -- Original Message---- - From: Barbara Rodriguez [ mailto: bod rig uez @talismancorporate.com] Sent: Thursday, June 20, 2002 4:31 PM To: ken @spectacularelectronics.com Cc: James A. Schlesinger Subject: Brookdale - Ground Lease for a Pylon Sign • Dear Ken: The following is the information you requested: Brookdale Center 1108 Brookdale Brooklyn Center, MN 55430 The names of the owners are as follows: Talisman Brookdale Associates, L.L.C. 1500 San Remo Avenue, Suite #135 Coral Gables, FL 33146 If you need additional information, please do not hesitate to contact me. Sincerely, Barbara Rodriguez Talisman Companies (305) 662 -9559 • 6/21/02 I BROOKDALE CENTER BROOKLYN CENTER, MN • ITEM 5: 35 -704, MINIMUM PARKING SPACES REQUIRED, ARTICLE 2C (Zoning) The current code requires that the calculations for parking be based on the Gross Floor Area of the building. The typical shopping area incorporates an unusually high amount of floor area in common area uses. Brookdale Center is also unusual by today's mall standards as the area of the interior common mall areas are much greater then current mall designs recommend. These are common mall walkways and court areas, shipping and receiving areas, service areas, storage areas and etc, that are not used to hold or cause the patron count to increase but are usually used for accessing from one tenant space to another. It is not the practice to create greater common floor area space to generate more patrons or customers. Request: • Allow the use of "Gross Lease Area" (GLA) to be used to determine the requirements in the Center in lieu of "Gross Floor Area" (GFA). 1 ITEM 6: SECTION 35 -704, MINIMUM PARKING SPACES REQUIRED (Zoning) ARTICLE 2C The current zoning ordinance requires 5.5 car spaces per 1,000 SF of GFA. As previously requested in Item 5 above the use of GLA in lieu of GFA has been requested. Additionally the applicant is requesting that the - car space requirement be modified to reflect a practical understanding of the actual use of the expanse of parking spaces provided and the relatively few periods when the availability of parking is a problem to the center or its patrons. The applicant purposes a 4.5 car space per 1,000 SF of GLA although the present - layout provides 5.19 cars per 1,000 SF of GLA. The project Site Plan as presented provides 6,263 car spaces. This is a greater number of spaces then the existing car count. The car count has been adequate in the past for patron parking and expected to be adequate for the expansion and theater use requested. The varied peak hours for shopping and theater customers normally allow for adequate parking with the exception of certain traditional and seasonal excessive shopping days. It is also noted here that there has been usable land area removed from the original center aggregate property for the state highway ramps and the Shingle Creek pedestrian walkway. Request: • 0 Allow the project to base their car space requirements on 4.5 car spaces per 1,000SF of GLA. • Allow the Developer the option and flexibility to finalize their design of the parking layout and count to the proposed standards approved by this PUD or a design that improves on the approved standards. ITEM 7: SECTION 34 -140, PERMITTED SIGNS, ARTICLES 1,212 (Sign Ordinance) The current sign ordinance allows the installation of a freestanding sign along the State Route 100 right of way, Due to the expanse, 3,500 lineal feet, of property along this premium frontage it is requested that a second freestanding sign be allowed with adequate spacing from the already allowed freestanding sign - The signs are both necessary as they provide identification and suggestion to the public that a viable mall is readily available in the community. In the case of the theater it provides information regarding features being shown to bring the patron to the center rather then travel to .another center out of the community. The sign ordinance allows a freestanding sign for properties having at least 400 feet of roadway frontage. The center has much greater frontage on State Route 100 then that allowed for other single businesses and the center represents many businesses that depend on this type of exposure for their success. EXHIBIT "A" ATTACHED. "PYLON SIGN ELEVATION" Request: • Allow the installation of a second freestanding sign along the State Route right of way in conformance to the setback, other sign ordinance and the PUD approved requirements. ITEM 9: SECTION 34 -140, PERMITTED SIGNS, ARTICLE 3A2a (Sign Ordinance) The current sign ordinance allows freestanding signage to a maximum of 250SF on buildings that have 24,000 SF or greater GFA. Brookdale Center is in excess of 1,200,000 SF of GLA. The center, as most businesses, requires exposure to the public on a continuos basis to remain viable. A new development is • permitted by the sign ordinance to maintain a sign of up to 320SF where the new development contains 10 ', 3 BROOKDALE CENTER BROOKLYN CENTER, MN • acres or greater. This indicates that the city has concern for a new development to have significant exposure, through adequate signage, to assist in the success of the development. The center is in the same condition as the new development but lasting a longer period of time. There is the continuos need for signage exposure to enable the center to sustain their market attraction. The center should have the same assistance through adequate signage in particularly on the heavily traveled SRI 00. Request: • Allow the freestanding signs along State Route 100 to be up to a maximum of 320SF for a single face on a double -faced sign. ITEM 10: SECTION 35-704 MINIMUM PARKING SPACES REQUIRED (Zoning) Article 2.c Other retail stores or centers and financial institutions The applicant requests that the percentage of restaurant space permitted of the Gross Lease Area (GFA in the current zoning ordinance) be increased to allow the Applicant to provide the facilities necessary to serve the projected tenant and employee requirements of the renovated and expanded. Center. Request: • Allow the percentage of restaurant Gross Lease Area in the retail formula to be increased to 20% as relates to this section and article. • Allow the percentage of restaurant Gross Lease Area in the parking formula to be increased to 20% as relates to this section and article. ITEM 11: SECTION 404.5 OCCUPANCY (1997 Uniform Building Code) 404.5.1 General The Applicant requests that the Building Code requirement for Accessory uses/Tenant mix be changed to allow the Applicant to provide the services required to allow the mall to provide a correct mix of tenants. The addition of the cinema area impacts the GLA on which the accessory use percentages are based. An increase of the percentage will allow the tenant mix to be more in line with the ratio and GLA normally • required to serve the retail segment of the mall. Request: Allow the percentage of mall Accessory uses to be increased to 35% SPECIAL PROJECT DESIGN CONDITIONS IN PROCESS A. WATERSHED APPROVALS B. O - FF SITE TRAFFIC STUDY ITEM A: WATERSHED APPROVALS The applicant does hereby recognize that the redevelopment of the site will include at their cost the relocation of the storm sewer system to the west of the Shingle Creek waterway. The storm water is to be re- routed into the new storm water structure constructed by the City along the Route 100 property line behind the J C Penney building. The Civil Engineer is currently working with the watershed consultant regarding the requirements and design. ITEM B: OFF -SITE TRAFFIC STUDY The traffic stud of y the of-site roads is in process at this time and is to be presented as an addendum to this application within the next two- (2) weeks. Short Elliott Hendrickson is doing the work jointly for the City of Brooklyn Center and the Developer, Talisman Brookdale LLC. SECTION 35 -208: REZONING EVALUATION POLICY AND REVIEW GUIDELINES The following responses are made to the REZONING EVALUATION POLICY AND REVIEW GUIDELINES, of the City of Brooklyn Center as outlined in Section 35 -208 of the City Zoning Ordinance. 4 I City of Brooklyn Center Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purpose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy It is the policy of the City that: A) Zoning classifications must be consistent with the Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning ", defined as a zoning decision, - which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines A. Is there a clear and P ublic need or benefit? • B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City- initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses permitted'in the present zoning district, with respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best interests of the community? I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an • individual parcel? Section 35 -208 Revised 3 -01 ` c. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial uses. Such accessory uses to include but not be restricted to the following: 1- Off -street parking. 2. Public recreational buildings and parks, playgrounds and athletic fields. 3. Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35 -355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Purpose. The ,purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations. • a. Upon rezoning for a PUD, 'the district shall be designated by the letters " PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications - for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD- MIXED." b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: 1. Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply_ with the development plan of the PUD. 3. In the case of districts rezoned to PUD -N=D, the Council shall specify regulations applicable to uses and structures in various parts of the district. 35-45 c. For u oses of determining P rP g regulations for uses or structures on Iand adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD - MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3.. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds that at least one of the following conditions exists: 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right -of -way from property which • previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35 -400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. C. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to 35 -414 and Section 35 -700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35 -704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. 35-46 -T- Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. c. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City. Subdivision 5.. Application and Review. a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading. plan; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 35 -47 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall hold a public hearing on the development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35 -210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 3 -210 of this ordinance. c. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35 -210 of this ordinance. Approval of the development plan shall constitute rezoning of the property to • PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35 -208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: 1. Compatibility p ty of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its, approval as it may determine to be necessary to better accomplish the accom purposes . P PAP of the PUD distract. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35 -230 of this ordinance. In addition to the information specifically required by Section 35 -230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. 35-48 . The plan submitted for approval pursuant to Section 35 -230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; 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 percent. e. Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactory,to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35 -230 by submitting all information required for both simultaneously. g. After approval of the development plan and the plan approval required by Section 35 -230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. h. If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building . permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deeed appropriate by the Planning Commission. • 35 -49 DRAFT • adoption: Member introduced the following resolution and moved its PLANNING COMMISSION RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -015 SUBMITTED BY SPECTACULAR ELECTRONIC ADVERTISING (ON BEHALF OF BROOKDALE CENTER) WHEREAS, City Council Resolution No. 99 -37 adopted on March 8, 1999, approved a rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of the Brookdale Regional Shopping Center; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center; and WHEREAS, that approval allowed two freestanding signs up to 320 sq. fl. in area along T.H. 100 based on the uniqueness of the size, diversity of uses and significance of Brookdale Mall. The balance of signery for the Brookdale Mall was subject to Chapter 34 of the City Ordinances; and • WHEREAS Planning Commission Application No. 2002 -015 submitted by Spectacular Electronic Advertising on behalf of Brookdale Center requesting a Planned Unit Development amendment to allow certain signs at Brookdale Center to exceed the number, height, area and display features authorized as part of the Brookdale Planned Unit Development and the Sign Ordinance; and WHEREAS, the Planning Commission held a duly called public hearing on September 12, 2002 when a staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance, the City's Sign Ordinance and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2002 -015 submitted by Spectacular Electronic Advertising on behalf of Brookdale Center, be (approved, approved in part, denied, denied in part) in light of the following considerations: • DRAFT • Date Chair ATTEST- 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. • • • DRAFT CONSIDERATIONS FOR APPROVAL 1. The PUD amendment is considered compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance and will allow for expanded signs at the Brookdale Center which is considered a unique development within the City of Brooklyn Center and whose viability is considered to be vital to the stabilization of other commercial properties within the community. 2. The PUD amendment will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as_ well as those permitted on surrounding land. 3. The proposed number, height, area and display feature modifications from the City's Sign Ordinance are considered reasonable because of the uniqueness of the size, diversity of uses and significance of Brookdale Shopping Center. • PArr • DRAFT CONSIDERATIONSFOR DENIAL 1. The proposed PUD amendment is not compatible with the Policy and Review Guidelines contained in Section 35 -208 of the City Ordinances in the following ways: a. No clear and public need or benefit has been shown by the proposal nor is there a broad public purpose evident. b. The proposed PUD amendment does not demonstrate merit beyond the interests of the owner or applicant. C. The signs currently authorized for the site by the PUD and Sign Ordinance are considered appropriate given the size, configuration, topography and location of Brookdale Center. 2. The proposed PUD amendment is not consistent with Section 335 -355 of the City Ordinances in the following ways: • a. The signs currently authorized for this site by the PUD and Sign Ordinance are considered appropriate and consistent with Section 34 -100, Statement of Purpose in the City's Sign Ordinance by providing necessary visual communication for Brookdale. Additional modifications are not warranted. b. Flashing, chasing or motion signs as proposed would create or encourage safety problems on the streets and highways within the City of Brooklyn Center by causing distractions to motorists. C. Off premise advertising signs are unacceptable because they too create traffic safety hazards and are considered generally unattractive and are specifically prohibited by the sign ordinance. The applicant has not shown that their proposal offers sufficient mitigating circumstances to modify this sign limitation. 3. To allow sign modifications for the Brookdale Center that are not justified on the standards, purposes and intent of the PUD section of ordinance would establish an undesirable precedent that could allow other commercial establishments to have similar signs that are contrary to the City's Sign Ordinance. • 4. The signs previously authorized for Brookdale Center are currently competitive with other comparable regional shopping center such as Ridgedale, Southdale, Rosedale and the Mall of America. Member Newman introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2002 -04 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -015 SUBMITTED BY SPECTACULAR ELECTRONIC ADVERTISING (ON BEHALF OF BROOKDALE CENTER) WHEREAS, City Council Resolution No. 99 -37 adopted on March 8, 1999, approved a rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of the Brookdale Regional Shopping Center; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center; and WHEREAS, that approval allowed two freestanding signs up to 320 sq. ft. in area along T.H. 100 based on the uniqueness of the size, diversity of uses and significance of Brookdale Mall. The balance of signery for the Brookdale Mall was subject to Chapter 34 of the City Ordinances; and WHEREAS, Planning Commission Application No. 2002 -015 requesting a Planned Unit ,Development amendment to allow certain signs at Brookdale Center to exceed the number, height, area and display features authorized as part of the Brookdale Planned Unit Development and the Sign Ordinance has been submitted by Spectacular Electronic Advertising on behalf of Brookdale Center; and WHEREAS, the Planning Commission held a duly called public hearing on September 12, 2002 when a staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance, the City's Sign Ordinance and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2002 -015 submitted by Spectacular Electronic Advertising on behalf of Brookdale Center, be denied in light of the following considerations: Page 1 The proposed PUD amendment is not compatible with the Policy and Review Guidelines contained in Section 35 -208 of the City Ordinances in the following ways: a. No clear and public need or benefit has been shown by the proposal nor is there a broad public purpose evident. b. The proposed PUD amendment does not demonstrate merit beyond the interests of the owner or applicant. C. The signs currently authorized for the site by the PUD and Sign Ordinance are considered appropriate given the size, configuration, topography and location of Brookdale Center. 2. The proposed PUD amendment is not consistent with Section 35 -355 of the City Ordinances in the following ways: a. The signs currently authorized for this site by the PUD and Sign Ordinance are considered appropriate and consistent with Section _ • 34 -100, STATEMENT OF PURPOSE in the City's Sign j Ordinance by providing necessary visual communication for Brookdale. Additional modifications are not warranted. b. Flashing, chasing or motion signs as proposed could create or encourage safety problems on the streets and highways within the City of Brooklyn Center by causing distractions to motorists. C. Off premise advertising signs are specifically prohibited by the Sign Ordinance. The applicant has not shown that their proposal offers sufficient mitigating circumstances to modify this sign limitation. 3. To allow sign modifications for the Brookdale Center that are not justified on the basis of the standards, purposes and intent of the PUD section of ordinance would establish an undesirable precedent that could allow other commercial establishments to have similar signs that are contrary to the City's Sign Ordinance. 4. The signs previously authorized for Brookdale Center are currently competitive with other comparable regional shopping centers such as Ridgedale, Southdale, Rosedale and the Mall of America. Page 2 `"� 5. The modifications proposed go well beyond the scope of the PUD amendment process, requiring a fundamental policy change in the City Ordinances that would normally be initiated by the City Council. September 12, 2002 Date Chair Pro Tem A*EST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Reem and upon vote being taken thereon, the following voted in favor thereof: Commissioner Boeck, Erdmann, Newman and Reem and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Page 3 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -015 SUBMITTED BY SPECTACULAR ELECTRONIC ADVERTISING (ON BEHALF OF BROOKDALE CENTER) WHEREAS, City Council Resolution No. 99 -37 adopted on March 8, 1999, approved a rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of the Brookdale Regional Shopping Center; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center; and WHEREAS, Planning Commission Application No. 2002 -015 requesting a Planned Unit Development amendment to allow certain signs at Brookdale Center to exceed the number, height, area and display features authorized as part of the Brookdale Planned Unit Development and the Sign Ordinance has been submitted by Spectacular Electronic Advertising on behalf of Brookdale Center; and WHEREAS, the Planning Commission held a duly called public hearing on September 12, 2002 when a staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the City Council considered Planning Commission Application No. 2002 -015 at its October 14, 2002 meeting; and WHEREAS, the City Council has considered this Planned Unit Development request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance, the City's Sign Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendation; and WHEREAS, Brookdale Center is a regional mall in excess of 1,000,000 square feet; and WHEREAS, Brookdale Center has over 3,500 lineal feet along T.H. 100 right -of- way; and WHEREAS, the request of Spectacular Electronics Advertising was modified since its review by the Brooklyn Center Planning Commission on September 12, 2002 by lowering the height of the two signs along T.H. 100 from 55 feet to 45 feet; and i RESOLUTION NO. WHEREAS, Spectacular Electronic Advertising has clarified that consistent with City Ordinances it will not offer off - premise advertising on its signs; and WHEREAS, Brookdale Center is paramount to the successful redevelopment of Brooklyn Center; and WHEREAS, the request submitted by Spectacular Electronic Advertising in Planning Commission Application No. 2002 -015 is essential to the repositioning of Brookdale Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Planning Commission Application No. 2002 -015 submitted by Spectacular Electronic Advertising on behalf of Brookdale Center is approved subject to the following conditions: 1. The two (2) signs to be located along T.H. 100 shall not exceed 45 feet in height. 2. No off - premise advertising will be allowed. 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. • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 12, 2002 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tem Boeck at 7:35 p.m. ROLL CALL Chair Pro Tem Graydon Boeck, Commissioners Stephen Erdmann, Rex Newman, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioners Tim Willson, Sean Rahn and John Whitehead were absent and excused. APPROVAL OF MINUTES — AUGUST 28. 2002 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the August 28, 2002 meeting as submitted. The motion passed. Commissioner Erdmann abstained as he was absent. CHAIR'S EXPLANATION • Chair Pro Tem Boeck 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. APPLICATION NO. 2002 -015 (SPECTACULAR ELECTRONIC ADVERTISING) Chair Pro Tem Boeck introduced Application No. 2002 -015, a request for a Planned Unit Development Amendment to allow certain signs at Brookdale Center to exceed the number, height, area and display features authorized as part of the Brookdale Planned Unit Development and the Sign Ordinance. Mr. Warren presented the staff report describing the location of the property and proposal. (See Planning Commission Information Sheet dated 9 -12 -02 for Application No. 2002 -015 attached.) A Planned Unit Development rezoning from C -2 (Commerce) to PUD /C -2 of the Brookdale Regional Shopping Center was approved by the City Council under Resolution No. 99 -37 on March 8, 1999 (Planning Commission Application No. 99001). Mr. Warren explained that Condition No. 7 of the PUD approval states that the plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances with the exception of allowing two freestanding signs up to 320 sq. ft. in area along T.H. 100. The applicant is requesting a Planned Unit Development amendment in order to be allowed to • erect: 9 -12 -02 Page 1 • 1. Two 3 -sided freestanding signs to be located along T.H. 100, each of which would be 55 ft. high, approximately 650 sq. ft. in area per face, contain a flashing /chasing or motion message and may also contain off premise advertising. 2. One 3 -sided freestanding sign (to replace the existing freestanding sign) located on County Road 10 at the Northway Drive entrance, which would be 32 ft. high, approximately 281 sq. ft. in area, contain a flashing /chasing or motion message and may also contain off premise advertising. He further explained that the City's Sign Ordinance regulates the type, number, structure, size, location, height, lighting and the erection and maintenance of all outdoor signs and sign structures within the city. The Sign Ordinance allows Brookdale outdoor signery. Brookdale is entitled to one freestanding sign along each street frontage that exceeds 400 ft. Each sign cannot exceed 250 sq. ft. in area and 32 ft. in height. Brookdale's PUD rezoning authorized two freestanding signs along T.H. 100 not to exceed 320 sq. ft. in area. He explained that the Planning Commission report at that time cited the fact that the amount of frontage Brookdale had on T.H. 100 exceeded 3,500 lineal feet and it seemed reasonable to allow two freestanding signs along T.H. 100. The size of Brookdale and the unique nature of the regional shopping center justified allowing two 320 sq. ft. signs along T.H. 100 rather than one 250 sq. ft. sign. He added that signery proposals for PUD's are generally not part of the development plans. Modifications can be considered provided they are consistent with the PUD approval and are • appropriate given mitigating circumstances that are offset by the plans of the development proposal. Mr. Warren described the modifications to the PUD or the Sign Ordinance that must be made in order to approve the application that included the following: 1. Allow a three faced sign which by Sign Ordinance definition is considered three separate signs. The applicant's request is for, in effect, nine signs at three separate locations that are only allowed to have a single sign. It should be noted that a two faced (back to back) sign is considered a single sign provided the interior angle formed between the sides of the sign do not exceed 15 degrees. 2. Allow a flashing sign to accommodate the chasing message or motion sign proposed for the lower portion of the sign containing the running message. 3. Allow an approximate 650 sq. ft. sign area (per face) rather than the 320 sq. ft. sign area for the two signs along T.H. 100, which were allowed by the PUD approval. 4. Allow 55 ft. high signs rather than the maximum 32 ft. high signs along T.H. 100 which are authorized by the Sign Ordinance. • 9 -12 -02 Page 2 • 5. Allow an approximate 281 sq. ft. sign area (per face) rather than the 250 sq. ft. sign area for the proposed new sign at the County Road 10/Northway Drive entrance. 6. Allow for the potential that these signs would include off premise advertising (or a billboard) as proposed by the applicant and prohibited under the Sign Ordinance. Mr. Warren then reviewed a draft resolution and considerations for approval or denial of the application. Commissioner Newman inquired about the sign at Cass Screw Company along Highway 100 and France Avenue North. Mr. Warren responded that the sign is considered a non - conforming roof sign and no advertising can be on the sign that is not related to the business on the site. Commissioner Newman also asked for further clarification on what signs, including temporary project signs, are allowed under the PUD and asked for a definition of off premise advertising signs that are prohibited under Chapter 34 -140. Mr. Warren reviewed what signs are approved under the PUD approved under Planning Commission Application No. 99001 and explained what types of signs are prohibited under the Sign Ordinance. PUBLIC HEARING — APPLICATION NO. 2002 -015 There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to open • the public hearing on Application No. 2002 -015 at 8:52 p.m. The motion passed unanimously. Chair Pro Tern Boeck called for comments from the public. Mr. Theodore J. Meyer, Attorney at Law, on behalf of the applicant, Spectacular Electronic Advertising, stated the community vitality, increased property values and jobs are issues to be focused on when reviewing the applicant's request. He stressed they are applying for a three sided sign where one side would be facing the shopping center with the other two facing the highway. He added that the applicant believes it is appropriate to have a larger scale sign that will really impact the public and make the shopping center more visible and accessible to the public. Mr. Meyer stated that the applicant has talked to MNDOT and they do not feel this type of sign causes any potential traffic hazards. He continued by stating that Brookdale is unique and there is no other comparable site in the City with which to compare for necessary and desirable signs. Chair Pro Tem Boeck stated that from Brookdale's beginning, it was always anticipated that their signery would be minimal. He added that most people do not do impulse shopping at Brookdale, which is what these signs would attract. He believes that the current sign requirements meet the needs of directing and identifying "when you have arrived" at Brookdale. Mr. Meyer responded that this sign allows businesses an opportunity to advertise their services/business. • No other persons from the public appeared before the Commission during the public hearing on Application No. 2002 -015 9 -12 -02 Page 3 CLOSE PUBLIC HEARIN • G There was a motion by Commissioner Reem, seconded by Commissioner Newman, to close the public hearing on P g Application No. 2002 -015, at 9:07 p.m. The motion passed unanimously. The Chair Pro Tem called for further discussion or questions from the Commissioners. Commissioner Newman stated that he is not bothered by the three faced sign but believes that this proposal is too far removed from the PUD approved and that any changes to allow signs as proposed should be initiated by the City Council by giving clear direction to make such changes. Commissioner Erdmann added that the ordinance definitely prohibits signs of this nature and a sign like this is more like a billboard than an identification sign. He also questioned the comment by the applicant that this means of advertising is needed by the tenants at Brookdale since other malls of this size have less signs and attract the public Further discussion ensued among Planning Commission members regarding proposed language for a resolution that would recommend denial of the applicant's request. ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2002 -04 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve Planning Commission Resolution No. 2002 -04 regarding the recommended disposition of Planning Commission Application No. 2002 -015 submitted by Spectacular Electronic Advertising. The motion passed unanimously. • The City y Council will consider the recommendation at its September 23, 2002 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that this application be returned to the Commission for reconsideration. OTHER BUSINESS The September 26, 2002, Planning Commission meeting has been cancelled. There was no other business. ADJOURNMENT There was a motion by Commissioner Reem, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:28 p.m. Chair Recorded and transcribed by: Rebecca Crass • 9 -12 -02 Page 4 • City Council Agenda Item No. 10a • PROCLAMATION DECLARING OCTOBER 21 THROUGH OCTOBER 25, 2002, NATIONAL BUSINESS WOMEN'S WEEK WHEREAS, workingwomen constitute 62.7 million of the nation's work force and strive to serve their communities, their states, and their nation in professional, civic, and cultural capacities; and WHEREAS, women -owned businesses account for over one -third of all firms in the country and provide employment for one out of every four U. S. workers; and WHEREAS, major goals of business and professional women are to promote equality for all women and to help create better conditions for business women through the study of social, educational, economic, and political problems; and WHEREAS, all of us are proud of their leadership in these many fields of endeavor. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim October 21 through October 25, 2002, National Business Women's Week; and • urge all citizens in Brooklyn Center, all civic fraternal groups, educational associations, news media, and other community organizations to join this salute to workingwomen and encourage and promote the celebration of the achievements of all business and professional women as they contribute daily to our economic, civic, and cultural purposes. Date Mayor ATTEST: City Clerk • City Council Agenda Item No.' 10b PROCLAMATION DECLARING OCTOBER 20 THROUGH 26, 2002, TO BE ADMINISTP.ATIVE SERVICES WEEK WHERAS, administrative services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the City of Brooklyn Center would like to recognize the administrative services provided in our community by the Administration Department; and WHEREAS, it is important to recognize the important role of city government in building a health vibrant community and value those services offered b the Administration Department: Customer Service Representative - prompt and efficient customer service • Information .T'eclinology Coordinator - effective management and support of communication and data needs ■ City Cleriz - safekeeping of official City records, administration of election activities, and communication to residents through City newsletters ■ Deputy City Cleriz - coordination of City Council agendas and accurate minute taking • Human .Resources - effective personnel policies, procedures, and practices • Brooklyn Center Liquor - efficient operation and customer service Earle Brown Heritage Center — an historic preservation providing a high level of hospitality services; and WHEREAS, our citizens' high quality of life is enhanced because of the work of administrative services staff and the crucial role they play in the interest of citizens; and WHEREAS, it is highly appropriate that the services provided by the administrative services staff be recognized and appreciated. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the week of October 20 through 26, 2002, to be Administrative Services Week in the City of Brooklyn Center and encourage all citizens to recognize the contributions that administrative services staff make every day. Date Mayor • ATTEST: City Cleriz City Council Agenda Item No. lOc I MEMORANDUM DATE: October 9, 2002 TO: Michael McCauley, City Manager FROM: Scott Brink, Consulting Engineer �10 SUBJECT: An Ordinance Vacating a Portion of Street Right of Way: Xerxes Avenue North from 55 Avenue North to 300 feet North of 56 Avenue North The City of Brooklyn Center has been requested by Talisman Brookdale, L.L.C. (Brookdale) to vacate a portion of the east side of Xerxes Avenue North between 55 Avenue North, and approximately 300 feet north of 56 Avenue North. In summary Brookdale is requesting a vacation of the easterly 18.5 feet of right of way, or all existing easement between the property line and the east curb. The reason stated for this request is to provide for further development of Brookdale Center. Construction plans showing the addition of parking space and curbing into the proposed vacated area have also been provided (see attached). Consistent with the City Charter, a first reading to establish a date for a second reading S and public hearing to consider an ordinance vacating certain portions of street right of way is requested for November 12, 2002. Issues and Concerns There are several key issues and concerns that should be addressed prior to honoring this request. First, a vacation in the amount requested would significantly restrict the City's ability to provide for possible future roadway improvements, as well as restrict the City's ability to maintain the roadway. It may be possible to vacate at least some property, provided that the City's long -term interest is protected, while allowing Brookdale to meet its needs. In addition, the Planned Unit Development (P.U.D.) previously approved for Brookdale would require an amendment as explained below. A general overview of the issues and q p g concerns are as follows: Brookdale PUD. The expansion and redevelopment of Brookdale was approved through the Planned Unit Development (PUD) process in March, 1999 and was subject to the execution and filing of a development agreement. Expansion, or modification of the site and buildings such as that proposed in the submitted plans would require a PUD Amendment requiring review, publication and a public hearing by the Planning Commission and approved by the City Council. The 3 -3.5 ft. high decorative masonry wall was required adjacent to Xerxes Avenue in the vicinity of Applebees because of encroachment upon the 15' greenstreep as part of the Brookdale plan. Relocation or Brookdale ROW Vacation Request 1 modification of the wall would require a formal amendment and approval, as would the expansion of a building pad as indicated on the proposed plan. Also, the expansion and modification of the parking plan requires that the PUD be formally amended. Pending Future Traffic Signals at 55`" Ave. N. and 56` Ave. N., and Other Public Improvements. A traffic study was conducted by S.E.H. in 1999. The study considered re- development of the Brookdale site, and commercial areas surrounding the site as well. The report stated that based upon traffic forecasts, a traffic signal would be warranted at 55` Avenue North, and possibly at 56` pending further.study. The installation of traffic signals will require use of the existing street right of way at the intersections, and possibly beyond, for approaches, loop detectors, signal cabinets, etc. In addition, the construction of a traffic signal usually involves the construction of additional turn lanes, and /or widening of the roadway. If the right of way is vacated, and a signal subsequently constructed, the City would ultimately be required to acquire much of it back to install the improvements. In addition, a vacation up to the curb line would not allow for any future construction of sidewalks. Currently, there is no sidewalk or allowance for pedestrian movement along the east side of Xerxes Avenue North. It may be possible to vacate with a provision to leave a drainage, utility, and sidewalk easement. However, the plan as proposed shows less than 5 feet between proposed walls and curbing and the back of existing curb; inadequate space to construct a sidewalk, and allow for storage of snow. Maintenance and Utilitv Considerations. A typical City street has 15 feet or more of boulevard between the edge of the street (back of curb) and property line. This is necessary to allow for the placement and maintenance of underground utilities (typically electric, gas, telephone, cable, and communication lines), excavation and trenching, and for storage of snow. The vacation plan as proposed shows no property available behind the curb for any use (snow storage or utilities). With the width of Xerxes at this location (53 feet), and removal of snow required on the Brookdale parking lot side as well, the concern for lack of snow storage is further compounded. In addition, at least some space behind the curb is also needed to effect repairs to the curbing and street itself as may be needed. Bus Drop OffArea. A "temporary" bus loading area constructed approximately three years ago on Xerxes (a City street) by Metro Transit (without the City's consent) would be impacted and may require relocation. A more suitable permanent location for the bus area is needed, and elimination of the temporary bus lane is encouraged. However, uncertainty regarding the timing and location of a permanent facility is a concern. It is also conceivable that Metro Transit may consider another temporary facility at a different location that could be equally or even more undesirable. Long term, as well as immediate effects should be considered. Brookdale ROW Vacation Request 2 I Major private utilities (telephone, electric, gas, etc.) have been contacted for comment regarding the proposed vacation. Xcel Energy has expressed a serious concern as they do have facilities within the affected area. Of the other utilities that have responded thus far, they generally have no objections, provided a drainage and utility easement is maintained over all vacated property. Summary As previously stated, Brookdale has requested that the easterly 18.5 feet of street right of way be vacated. This essentially would provide for the vacation of all property between the back of existing curb and the property line. The parking lot improvements proposed by Brookdale, per their plans, show parking being extended to within five feet of the curb. It is recommended that at a minimum, this 5 feet remain as public easement. However, the 5 feet is still significantly less than the space usually needed for snow storage, sidewalks, and other public uses. In order for the plans to be approved as submitted, the PUD previously approved by the City Council would require an amendment as explained above. In addition, the overall extent of the vacation proposed is not recommended. However, depending upon the specifics of Brookdale's long -term improvement objectives, it may be possible to revise or alter the amount of vacation area requested. Or, it may be possible to draft a legal document or agreement that would provide safeguards such as conveyance of property back to the City at no cost as needed in the future. Any vacation of property should be carefully balanced to consider Brookdale's needs along with the City's long -term public responsibilities and obligations. In any event, it is recommended that all of the above issues be considered further prior to authorizing any vacation. Council Action for the October 14, 2002 meeting would be to establish a public hearing date of November 12, 2002 to consider this item. Brookdale ROW Vacation Request 3 LEGEND �t� XERXESOVE. NORTH � 2 — — — — — — — — - 0OOR4 SAWOR OSSiN4 SRIYIaA GL F O � OBIDiF4 LSAiIq SAf lir 1 C � � OB1010 0447414 LWTART 114R I G. Q b 44 11 OOlalEf clown; Sfa4 iiC SEWN 50 ` 0 T cooms comas R mow SCALE N Fmr r' coo= Easm B,ECIPMI ■ ® OOIa14S Dr7414 WORM SEWN UARHMES -- -- ---- - - -.m- DENORSMY �' .. OLIgIO ■IMMUS NS LAW TO SE SF11OHm + P WARNING --- ---- - - - - -- MOM urn or owm am THE CONTRACTOR SHALL CONTACT GOPHER K FOR X OF WM E=lWM FEARER To EE ROOM LOCATIONS OF UNDERGROUND WIRES, CABLES CONDUTIS PIPES m 17ANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGINQ 87s Doom OWSHROCartons THE CONTRACTOR SHALL REPAIR OR REPLACE THE A80VE WHEN eTe CBO7N PSOPM Comm DANACED DURING CONSTRUCTION AT NO COST TO THE OWNER. AREA REQUESTED TO BE VACATED a L SAWCLffV W SI MIgA it AMWAM ma ' a 1 FaoT iRa11 mac 7O PRCVOE '� �� sIRAW1T uRE FOR SATA7L17W41 or ^ p a MEL OMAW PA r WOE R 1-1/S' SFA+ m • � . 55 �, PROVOS FOE EVEN AIIWINSIA WTgi, ! 3 l MATCH EISSYM SMANM 4 SMIM < Z M s All. CFP711 REP nr o O ROROM G mom AR[ TaP O SBI aVL N 71�. S TOSMaR PAlll. 1.. g i QW iR4t44 NSE N41 YSXr Ia7t (TV►j CH IWM IT1T 433 - I XER SAVE. N. WALL 0. — // _ y > XERXES AVE. N. Femma WE EASING AN ■41TAr 70 S[ �OMRTa IS ptlS/�bML, / d� - 4 w � O -� �--- O � IAMMAA M ADAM O w�aw �• ' �yY 5T41 OOtIM ROWV® fr OIIIURS a -- �M16f _• E-�f. .I� n . N H W w�a 41. 1 �,.�.-° Wa S70 of 7aWE� H gn�aRn ' � 4 AS SYS OaIei[R an ,ASWTIN �rH414 an.•.wn: -, : '' •"..�_. �� M � v Tn AN a.� _A -14•A M CA1M �6 tY z an EL Is 7a oslWn !� 0 5t in �>*a �io o°A / � v W' o ®A \ S &9 0 O K m SHEET N0. OF XERXES AVESIORTH ®" 4 - g a 0 Y � p a � 9CM.E N fEET _ AREA REQUESTED TO BE VACATED i z , �- z to XERXES AVE. N. ••• °d � a Alp 1 °O V ► �[ car o � TO ryas rNx ■m so S r"O"w m `1M -- Bi 44 44 2 � ad' iIIiIIIIi" a3 I 1 NAM� a i 1 1 I, air►nu v a°i. _ ` as \ wl 1 APPLEBEE' N z ' \ ^\ _ m w In . om� Y O O K m SHEET N0. / r . • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of November, 2002, 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 vacating certain public street right of way on Xerxes Avenue North between 55` Avenue North and 300 Feet North of 56 Avenue North. 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 VACATING A PORTION OF STREET RIGHT OF WAY: XERXES AVENUE NORTH FROM 55 AVENUE NORTH TO 300 FEET NORTH OF 56 AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The easterly 15.5 feet of Xerxes Avenue North public right -of -way located between between 55"' Avenue North and 300 feet North of the centerline of 56" Avenue North is hereby vacated as a public street; provided, however, that a drainage and utility easement is retained and reserved within the area of the public street so vacated. Said vacated area more specifically described as follows: • That part of Xerxes Avenue North, a publicly dedicated street lying within the City of Brooklyn Center Minnesota , described as follows: Beginning at the Southwest corner of Registered Land Survey No. 1710, files of the Registrar of Titles, in and for Hennepin County, Minnesota; thence on an assumed bearing of South 78 degrees 17 minutes 00 seconds West a distance of 15.5 feet; thence North 11 degrees 43 minutes 00 seconds West a distance of 577.90 feet; thence Northerly and Northeasterly along a tangential curve concave to the East, having a central angle of 35 degrees 09 minutes 10 seconds and a radius of 476.44 feet a distance of 292.31 feet; thence North 23 degrees 26 minutes 09 seconds East, tangent to the last described curve, a distance of 306.70 feet; thence South 66 degrees 33 minutes 50 seconds East a distance of 15.50 feet, more or less, to a boundary corner of Tract A, said Registered Land Survey No. 1710; thence South 23 degrees 26 minutes 09 seconds West a distance of 306.71 feet; thence Southwesterly and Southerly along a tangential curve, concave to the East, having a central angle of 35 degrees 09 minutes 10 seconds and a radius of 460.94 feet a distance of 282.80 feet; thence South 11 degrees 43 minutes 00 seconds East, tangent to the last described curve, a distance of 577.90 mm feet more or less to the P g point of beginning . Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. • • RESOLUTION NO. Adopted this day of 2002. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) •