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HomeMy WebLinkAbout1999 03-22 CCP Regular Session STUDY/DISCUSSION TOPICS CITY COUNCIL STUDY SESSION MARCH 22, 1999 6:00 P.M. CONFERENCE ROOM B 1. Council Discussion of Agenda Items. 2. Council direction on preparation of Agenda for meeting on March 29th with commission chairs. 3. Discussion of I -94 improvements and Zane Avenue interchange issue: - future resolution for council consideration based on Brooklyn Park Comprehensive Plan to update /change August 13, 1990 resolution 4. Copy of letter confirming termination of Private Redevelopment Agreement with Boulevard Shoppes, LLC (69th & Brooklyn Blvd.) 5. Other 6. Adjourn at 6:45 p.m. to Open Forum i " Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION N0. 90 -164 k RESOLUTION RELATING TO MNDOT STUDY OF I -94 BETWEEN BROOKLYN BOULEVARD AND I -494 WHEREAS, the Minnesota Department of Transportation ( MNDOT) has initiated a project development study relating to the improvement of Interstate Highway 94 (I -94) between Brooklyn Boulevard in Brooklyn Center and I -494 in Maple Grove; and WHEREAS, heavy volumes of traffic entering and exiting from I -94 at the Brooklyn Boulevard (CSAH 152) interchange create serious traffic congestion and high accident problems, especially on Brooklyn Boulevard (CSAH 152) between 65th and 69th Avenues North; and WHEREAS, it is the opinion of the City Council that the project development study for I -94 can and should include the development of design alternatives which will resolve the congestion and high accident problems on Brooklyn Boulevard; and that one possible alternative is the construction of an interchange at I -94 and Zane Avenue in the City of Brooklyn Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. MNDOT is hereby requested to include into its project development study for I -94 the development of design alternatives including the alternative of constructing an interchange at the intersection of I -94 and Zane Avenue in the City of Brooklyn Park which will resolve the congestion and high- accident problem on Brooklyn Boulevard (CSAH 152) between 65th and 69th Avenues North. 2. the City Manager is hereby authorized and directed to forward this request to MNDOT's Metropolitan area District Engineer, to the Hennepin County Board of Commissioners, and to the Mayors of Brooklyn Park and Maple Grove, and to the Metropolitan Council, along with requests for their support of request. August 13, 1990 -T Date mayor//� ATTEST: -� Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Ci[y o� BROOKLYN CENTER Public Works Department D i MEMORANDUM Engineering TO: Michael J. McCauley Streets FROM: Diane Specto�� Parks SUBJ: I- 94/694 Third Lane Project 'I" mr *� Public DATE: March 22, 1999 Utilities is Central Garage A Technical Advisory Committee has been established to work with Mn /DOT on the upcoming third lane project on I- 94/694. This project consists of interchange construction, bridge replacement and redecking, addition of a third lane and in some Watershed places an auxiliary lane, and road resurfacing. The project limits are Humboldt Avenue Management to Weaver Lake Road. The Advisory Committee consists of representatives from Brooklyn Center, Brooklyn Park, Maple Grove, Hennepin County, and Mn /DOT. The `00 -'02 TIP includes $25 million for the first phase of the project, the replacement of bridges and interchange construction at Hemlock Lane, West Broadway, and CR 81. The draft `03 -'06 TIP includes $45 million for the balance of the improvements. The draft `03 -'06 TIP is currently underfunded by $100 million, so if no additional funding is forthcoming some projects will have to be eliminated or pushed back to future years. Two issues have arisen in the Technical Advisory Committee which should be shared with the Council for their discussion and response. 1) Construction Schedule. Mn /DOT has done a preliminary construction phasing. The roadway work from Zane east to Humboldt (addition of the third lane, road resurfacing) will not be completed until 2004 at the very earliest. There is no technical or feasible way to move this forward; in fact, that portion of the project is not yet officially funded, and won't be until the `03 -'06 TIP. The road work cannot be accomplished until the bridge work is complete, and the earliest the two year bridge work project can be let is Fall, 2001. This will, of course, be unwelcome news for the neighborhood to the south of the freeway, which was concerned about road noise and initiated discussions between Rep. Carruthers and then - Transportation Commissioner Denn to get the project moved up on Mn/DOT's schedule. On the plus side, under this schedule the road work would still be completed two years ahead of what used to be the schedule. The Technical Advisory Com mittee requests the Council's input on how best and when to convev to the public i nformat ion. regardi the proj ect. its components. and its schedule. I note that there will be no "plans" to review for at least one year. 2) Zane Avenue Interchange. For at least the past 10 -15 years, there has been discussion regarding a proposed Zane Avenue interchange. (At one point many years ago, interchanges were intended to be at Xerxes and Zane, but the Xerxes interchange was relocated to Shingle Creek Parkway and Zane was dropped.) Of concern to planners was the growing inability of Brooklyn Boulevard to safely convey expected increases in traffic volumes. It was hypothesized that an interchange at Zane would relieve Brooklyn Boulevard. A typical comment was that Brooklyn Park traffic shouldn't be causing congestion on a Brooklyn Center street, and that a Zane interchange would `keep Brooklyn Park traffic in Brooklyn Park.' In 1990, by Resolution 90 -164, the City Council formally requested Mn /DOT to prepare a design alternate for a Zane interchange when it prepared plans for any future improvements to 1- 94/694. In Brooklyn Park, the idea of an interchange at Zane was controversial, as well. The City's current Comprehensive Plan does not indicate plans for an interchange, nor plans to upgrade the status of Zane Avenue. Previous Brooklyn Park councils have been split on this issue, with some welcoming for redevelopment purposes the possibility of increased traffic on Zane, and some opposed to additional traffic adjacent to Northview Junior High and other residential uses. I do not know the views of the current Brooklyn Park Council on this issue, but I do know that staff is opposed to any changes to Zane other than pavement rehabilitation and possibly bridge widening. In 1993, Brooklyn Center `piggybacked' on a Transportation Study being conducted by SRF for Brooklyn Park, with the Brooklyn Center portion a study of potential improvements to Brooklyn Boulevard. The recommendations of the report led directly to the Brooklyn Boulevard widening project. The study also evaluated the impact of the proposed interchange at Zane. It concluded that the benefit of the Zane interchange was equal to the benefit of the Brooklyn Boulevard improvements, and that the Brooklyn Boulevard improvements should be constructed, and the idea of an interchange at Zane be dropped. It further concluded that the third lane imppovements would also reduce congestion on Brooklyn Boulevard by diverting traffic to CR 81. The council directed staff to begin working on what became the Brooklyn Boulevard roadway and enhancement projects, but did not formally change its position on Zane. Therefore. Mn /DOT still has on record the Council's desire for a Zane Avenue interchange alternate. The Technical Advisory Committee has been notified by Mn/DOT that in order to meet the accelerated schedule for the third lane project, cities (and Hennepin County where appropriate) must be prepared to provide their own design services for interchange improvements. If the Council is interested in pursuing the idea of a Zane Avenue interchange, then we must work together with Brooklyn Park to pursue this, as well as bear the cost of consultant design. If, however, the Council is satisfied that a Zane Avenue interchange is unnecessary, then it should formally make that statement in the form of a resolution notifying Mn /DOT that it has rescinded its previous position. e CITY OF BROOKLYN CENTER Council Meeting Date 05/10/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PRESENTATION OF TRANSPORTATION STUDY REPORT DEPT. APPROVAL: Sy Knapp, irector of Public Works MANAGER'S REVIEW/RECOMIVIENDATION. No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes 1 Submitted herewith is a draft copy of the "North Brooklyn Center Transportation Study" as prepared by consulting engineers Strgar- Roscoe- Fausch, Inc. (SRF), as authorized by the City Council on July 13, 1992. This report provides traffic analyses of Brooklyn Boulevard, analyzes the impact of future "3rd lane" construction on I- 94/694 west of Brooklyn Boulevard, and provides traffic volume forecasts and an evaluation of needs for other arterial and collector streets in the northern half of Brooklyn Center. One item of immediate interest to the City is SRF's evaluation of traffic volumes and needs on Brooklyn Boulevard. We wish to call the Council's attention specifically to following findings and recommendations by SRF: • Construction of an interchange at 194/694 and Zane Avenue (in Brooklyn Park) would reduce the Average Daily Traffic (ADT) on Brooklyn Boulevard by only approximately 5000. Accordingly, the study concludes that the construction of such an interchange would not be cost - effective. • Construction of the "3rd lanes" on I94 -694 westerly from Brooklyn Boulevard to 1494 (in Maple Grove) will divert approximately 5000 vehicles per day from Brooklyn Boulevard to T.H. 81 (in Brooklyn Park). • The existing ADT on Brooklyn Boulevard between 194/694 and 69th Avenue is 46.700. North of 69th Avenue the existing ADT is 36.500. By year 2010 those volumes are expected to increase to 54.000 and 41.000 respectively. • The existing "level of service" at various locations on Brooklyn Boulevard ranges from D to F, with very high accident rates along this corridor. ■ The study proposes a system of improvements to Brooklyn Boulevard which will dramatically reduce congestion and accident problems, while accommodating future growth. ■ The study concludes that the proposed improvements to Brooklyn Boulevard and to I94/694 (i.e. - construction of the "3rd lanes" westerly from Brooklyn Boulevard )will significantly reduce the volume of traffic which now uses Shingle Creek Parkway -69th Avenue as a short -cut during peak traffic hours. RECOMMENDED CITY COUNCIL ACTION; • a representative from SRF and City staff will present the draft report to the City Council. • discussion by City Council. • direction to SRF regarding finalization of the report. Note As a separate item on the Council's agenda, staff is recommending that the Council approve a follow -up agreement with SRF to prepare a "conceptual layout plan" — to present SRF's recommendations regarding Brooklyn Boulevard improvements in graphic form — to facilitate public discussion of these proposals, and to provide a basis for continuation of the Brooklyn Boulevard redevelopment process. 470 Pillsbury Center - , 200 South Sixth Street Minneapolis MN 55402 ' (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy- graven.com March 18, 1999 Boulevard Shoppes LLC 7030 Brooklyn Boulevard Minneapolis, MN 55429 Attn: David Nelson RE: Termination of Contract for Private Redevelopment between Brooklyn Center EDA and Boulevard Shoppes, LLC Dear Mr. Nelson: I represent the Economic Development Authority in and for the City of Brooklyn Center (`EDA ") as legal counsel. I have been directed to give you, as Redeveloper, notice that the Contract for Private Redevelopment by and between Economic Development Authority in and for the City of Brooklyn Center and Boulevard Shoppes, LLC, dated as of June 11, 1998 (the "Redevelopment Agreement ") as amended by the Addendum to Contract for Private Redevelopment dated as of the 25th day of January, 1999 (the "Addendum"), was terminated at 4:30 o'clock p.m. March 16, 1999. Termination was pursuant to paragraph 11.1 of the Redevelopment Agreement as amended by the Addendum inasmuch as the EDA was not provided with written proof prior to that date and time that all portions of the Redevelopment Property, as defined in the Redevelopment Agreement, which were not then owned by the EDA had been acquired by the Redeveloper. Under Section 6 of the Addendum, in the event of termination, the EDA is given certain rights with respect to properties in which the Redeveloper has an interest as of termination of the Redevelopment Agreement. Accordingly, I am requesting that you provide, on behalf of the Redeveloper, copies of options or purchase agreements which the Redeveloper has for any parts of the Redevelopment Properties. I am also requesting information about any portions of the Redevelopment Property which were owned by Redeveloper as of the date of termination. With respect to such property owned by the Redeveloper, please provide a description of the property and a description of the terms of sale to the Redeveloper, preferably in the form of copies of deeds and purchase agreements. CLL- 159928 BR305 -56 David Nelson March 18, 1999 Page 2 of 2 Please provide the information requested above within 10 days of receipt of this notification so that the EDA will have adequate time to determine whether to elect to acquire such properties from the Redeveloper. Please provide the requested information to me at the above address. Thank you, in advance, for your anticipated cooperation in this matter. Very truly yours, Charles L. LeFevere CLL: ih cc: Michael J. McCauley Brad Hoffinan CLL- 159928 BR305 -56 • CITY COUNCIL MEETING Public Copy City of Brooklyn Center March 22, 1999 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 4. Roll Call 5. Council Report 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and q � g considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. March 8, 1999 - Regular Session 2. March 15, 1999 - Special Work Session b. Licenses C. Application for Exemption from Lawful Gambling License (Bingo/Raffle Application) for Earle Brown Elementary School on April 23, 1999 d. Resolution Designating 1999 Planting List of Allowable Boulevard Tree Species e. Resolution Approving Changer Order No. 1, Accepting Work Performed and S Authorizing Final Payment, Improvement Project Nos. 1998 -07, Contract 1998 -J; 1998 -18, Contract 1998 -K; and 1998 -19, Contract 1998 -L, Street Improvements, 68th and Lee Avenues North, John Martin Drive and James and 67th Avenues North • CITY COUNCIL AGENDA -2- March 22, 1999 f. Resolution Awarding Contracts for City Insurance Policies and the Insurance Agent for 1999 7. Public Hearings a. Public Hearing Regarding Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, Public Nuisance Abatement Charges, and Delinquent Public Utility Service Accounts - Resolution Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls - Resolution Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls - Resolution Certifying Special Assessments for Public Nuisance Abatement Charges to the Hennepin County Tax Rolls - Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls - Requested Council Action: • -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolutions. 8. Planning Commission Items a. Planning Commission Application No. 99002 Submitted by Brookdale Corner LLC (John Johannson). Request for Site and Building Plan approval to redevelop the property at the southwest corner of Xerxes Avenue North and County Road 10 with a Cub Foods Store and three other commercial buildings. The Planning Commission recommended approval of this application at its March 11, 1999, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 99002 subject to the conditions recommended by the Planning Commission. b. Planning Commission Application No. 99003 Submitted by Brookdale Corner LLC (John Johannson). Request for a Variance from Section 35 -400 to allow building setbacks of less than 50 ft. along major thoroughfares. The Planning Commission recommended approval of this application at its March 11, 1999, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 99003 subject to the conditions recommended by the Planning Commission. ® CITY COUNCIL AGENDA -3- March 22, 1999 9. Council Consideration Items a. Bill Bellm Request for Change in Vehicle Weight Restrictions -Requested Council Action: - Council discussion with Mr. Bellm. b. Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lions Club in Support of the Annual Earle Brown Days Parade and Sunday in Central Park Activities -Requested Council Action: - Motion to adopt resolution. C. Staff Report Re: Bleachers -Requested Council Action: -City Manager will provide verbal update. d. North Metro Mayors Association Resolution Exploring the Establishment of the NW • Hennepin Development Coalition -Requested Council Action: - Council Discuss. e. Resolution Authorizing the Issuance of $7,200,000 in Revenue Bonds to Finance the Acquisition and Rehabilitation of Shingle Creek Tower at 6221 Shingle Creek Parkway and Approving the Administration of Said Program -Requested Council Action: - Motion to adopt resolution. 10. Adjournment • • City Council Agenda Item No. 6a s 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 MARCH 8, 1999 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Robert Peppe. Councilmember Debra Hilstrom was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. • INFORMAL OPEN FORUM No one appeared at the open forum. Council discussed their recent retreat and the upcoming work session on March 15, 1999. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the informal open forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION Bruce Hobbs, Northbrook Alliance Church, offered the invocation. 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. • 03/08/99 -1- DRAFT 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Robert Peppe. Councilmember Debra Hilstrom was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbatun. 5. COUNCIL REPORT Mayor Kragness wanted to share that "Read Across America" which took place at Target in Brooklyn Center was a wonderful time. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes from the regular session on February 22, 1999. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. GASOLINE SERVICE STATION Duke's Mobil 6501 Humboldt Avenue North MECHANICAL SYSTEMS Centraire Heating and Air Conditioning 7402 Washington Avenue, Eden Prairie Faircon Services 1891 West County Road C, Roseville RENTAL DWELLING Initial: Janine Atchison 5909 June Avenue James Tindall 6101 Beard Avenue North Renewal: Donald Sobania 3701 47th Avenue North Martha Callendar 3613 47th Avenue North B C Leased Housing Association Summerchase Apartments • 03/08/99 -2- DRAFT SIGN HANGER Lawrence Sign 945 Pierce Butler Road, St. Paul Nordquist Sign Company, Inc. 312 West Lake Street, Minneapolis Signart, Inc. 2170 Dodd Road, Mendota Heights Suburban Lighting, Inc. 6077 Lake Elmo Avenue N., Stillwater Topline Advertising 11775 Justen Circle, Osseo TOBACCO RELATED PRODUCT Duke's Mobil 6501 Humboldt Avenue North APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING (RAFFLE APPLICATION) FROM NORTH HENNEPIN COMMUNITY COLLEGE FOUNDATION FOR AN EVENT TO BE HELD AT EARLE BROWN HERITAGE CENTER ON APRIL 23. 1999 APPROVAL OF APPLICATION TO CONDUCT EXCLUDED BINGO AT ORCHARD LANE ELEMENTARY SCHOOL ON APRIL 24. 1999 APPROVAL OF APPLICATION TO CONDUCT EXCLUDED BINGO AT WILLOW LANE ELEMENTARY SCHOOL ON APRIL 30. 1999 APPROVAL OF APPLICATION FOR EXEMPT PERMIT (RAFFLE) AT EVERGREEN . PARK ELEMENTARY SCHOOL ON APRIL 16. 1999, 6c. RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A GRANT AGREEMENT AND RECEIVE STATE MONIES IF THE CITY IS AWARDED A CONSERVATION PARTNERS GRANT FOR THE EUGENE H. HAGEL ARBORETUM RESOLUTION NO. 99 -33 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A GRANT AGREEMENT AND RECEIVE STATE MONIES IF THE CITY IS AWARDED A CONSERVATION PARTNERS GRANT FOR THE EUGENE H. HAGEL ARBORETUM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. CONTINUATION OF PUBLIC HEARING ON CREATION OF TAX . INCREMENT FINANCING DISTRICT FOR JOSLYN SITE 03/08/99 -3- DRAFT 1. RESOLUTION APPROVING THE ESTABLISHMENT OF TAY INCREMENT FINANCING (SOILS CONDITION) DISTRICT NO. 4 AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR Mr. McCauley discussed the proposed site development which would include office, warehouse, and light industrial uses which will be consistent with the areas I -2 zoning. Once this site is fully developed the site would have between 400,000 to 500,000 square feet of new construction and would generate up to 600 full time jobs. The market value of the development, dependent on the mix will range from $18,000,000 to $25,000,000. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 99 -34 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE ESTABLISHMENT OF TAX INCREMENT FINANCING (SOILS CONDITION) DISTRICT NO. 4, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7b. PROPOSED IMPROVEMENT PROJECT NOS. 1999 -01, 02, AND 03, SOUTHEAST NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 1. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 1999 -01, 02, AND 03, SOUTHEAST NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Public Works Director Diane Spector outlined the proposed improvement projects and discussed the p o p P P P J total estimated costs for the Southeast Neighborhood area of $2,566,500. Ms. Spector said that if approved by the City Council this evening, construction would start early May and be finished sometime in September. 03/08/99 -4- DRAFT Councilmember Peppe asked whether utility lines would be placed underground. Ms. Spector informed the Council that the power lines in this project area are in rear yards. The City, in last year's project, did underground lines but were in front yards. Due to the budget cost of placing lines underground, usually only major streets were considered for under grounding of lines. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Peppe, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 99 -35 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 1999- 01, 02, AND 03, SOUTHEAST NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7c. AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES RELATING TO OPEN BURNING AND THE ADOPTION OF THE UNIFORM FIRE CODE Mr. McCauley outlined the ordinance amendments pertaining to open burning. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 99 -09 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES RELATING TO OPEN BURNING AND THE ADOPTION OF THE UNIFORM FIRE CODE 03/08/99 -5- DRAFT The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 7d. PROJECTED USE OF- FUNDS FOR 1999 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1999 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS Mr. McCauley outlined the proposed resolution for the City Council's consideration. The recommendation being made to the City Council was that the 1999 Community Development Block Grant Budget allocate monies for the home program serving senior citizens as previously funded in past years and that the remaining amount of monies be used for reimbursement on the 53rd Avenue project. The recommendation would differ from the 1998 budget in that the rehabilitation program would be omitted. In a memorandum prepared by Community Development Specialist Tom Bublitz, Mr. Bublitz outlined a number of housing rehabilitation programs that can be accessed through a number of agencies. The Greater Minneapolis Metropolitan Housing Corporation has received grant funds totaling approximately $170,000 that could be used to further reduce the cost of rehabilitation loans under the various programs. The Greater Minneapolis Metropolitan Housing Corporation is working with the cities of Brooklyn Center, New Hope, Crystal, and Robbinsdale. This joint effort is resulting in the ability to leverage and access a number of programs. Substantially more money is available through this to assist in home rehabilitation than has been available through the use of Community Development Grant Funds. Another part of the budget would take the program income from the sale of the site used for the new police station and use that in connection with the reimbursement for the 53rd Avenue project. Councilmember Lasman inquired how people on the waiting list would be notified of the potential resources available through the Greater Minneapolis Metropolitan Housing Corporation and the decision to discontinue the program. Mr. McCauley responded that if the Council adopted the proposed budget, a letter would be sent to persons on the waiting list providing them with information on how to contact the Greater Minneapolis Metropolitan Housing Corporation at the Northwest Housing Resources Center so that they could receive information and assistance from the Housing Resource Center on accessing the numerous loan programs available for housing rehabilitation. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 03/08/99 -6- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public is Hearing. Motion passed unanimously. RESOLUTION NO. 99 -36 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1999 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 99001 SUBMITTED BY TALISMAN BROOKDALE, LLC. REQUEST FOR REZONING AND SITE AND BUILDING PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR THE EXPANSION, REDEVELOPMENT, AND REJUVENATION OF THE BROOKDALE • REGIONAL SHOPPING CENTER. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS FEBRUARY 25, 1999, MEETING. 1. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 99001 SUBMITTED BY TALISMAN BROOKDALE, LLC. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (BROOKDALE) Planning and Zoning Specialist Ron Warren discussed Planning Commission Application No. 99001 submitted by Talisman Brookdale, LLC requesting rezoning and site and building plan approval through the Planned Unit Development (PUD) process for the expansion, redevelopment, and rejuvenation of the Brookdale Shopping Center. Mr. Warren discussed 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: 03/08/99 -7- DRAFT • Allow 5 ft. rather than 15 ft. greenstrips at certain locations where an • appropriate 3 to 3 1 /2 ft. high decorative masonry wall shall be installed to offset negative effects (this standard has been allowed in other areas within the city). • 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 maximum 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 90 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. Allow 5 ft. rather than 15 ft. greenstrips at certain locations where an appropriate 3 to 3 1 /2 ft. high decorative masonry wall shall be installed to offset negative effects (this standard has been allowed in other areas within the city). Council discussed the two freestanding signs. Mr. Warren stated they were within the standards and pointed out the location of the two freestanding signs. Councilmember Peppe suggested discussing the sign ordinance. Mayor Kragness suggested discussion at a future work session. It is recommended that the City Council approve Planning Commission Application No. 99001 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. 03/08/99 -8- DRAFT 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 buildin 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 parking for the Brookdale Shopping Center based on providing 5,700 parking spaces on site. The applicants are allowed to retain the existing parking configuration 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. 03/08/99 -9- DRAFT 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 of building permits for these buildings. 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 '/a 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. 03/08/99 -10- DRAFT . 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. Councilmember Lasman asked if one motion could be made for the adoption of the resolution and approval of first reading. Mr. McCauley responded that would be acceptable. RESOLUTION NO. 99 -37 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 99001 SUBMITTED BY TALISMAN BROOKDALE, LLC. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading of an Ordinance Amending Chapter 35 of the City Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Brookdale) and set • April 12, 1999, for second reading and public hearing. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. BILL BELLM REQUEST FOR CHANGE IN VEHICLE WEIGHT RESTRICTIONS Due to the weather, Mr. McCauley suggested tabling this item to the March 22, 1999, City Council meeting since Mr. Bellm was not present. A motion by Councilmember Lasman, seconded by Councilmember Nelson to table this item to March 22, 1999. Motion passed unanimously. 9b. PROCLAMATION DECLARING APRIL 11 THROUGH APRIL 18,1999, AS DAYS OF REMEMBRANCE OF VICTIMS OF THE HOLOCAUST Mayor Kragness read the proclamation declaring April 11 through April 18, 1999, as Days of Remembrance of Victims of the Holocaust. A motion by Councilmember Lasman, seconded by Councilmember Nelson to declare April 11 through April 18, 1999, as Days of Remembrance of Victims of the Holocaust. Motion passed unanimously. 03/08/99 -11- DRAFT 9c. SET DATE AND TIME OF GENERAL WORK SESSION WITH AUDITOR AND POSSIBLE JOINT MEETING WITH FINANCIAL COMMISSION Mr. McCauley requested to set June 21, 1999, at 7:00 p.m. for a general work session with auditor and possible joint meeting with the Financial Commission. A motion by Councilmember Peppe, seconded by Councilmember Lasman to set June 21, 1999, for a general work session. Motion passed unanimously. 9d. AMEND 1999 CITY COUNCIL MEETING SCHEDULE TO SCHEDULE 6:00 P.M. STUDY SESSION BEFORE EACH REGULAR SESSION COUNCIL MEETING Mr. McCauley requested amending the 1999 City Council meeting schedule to set 6:00 p.m. before each regular City Council session as study session. It was noted this study session will be open to the public. A motion by Councilmember Lasman, seconded by Councilmember Peppe to set 6:00 p.m. before each regular City Council session as study session. Motion passed unanimously. 9e. NOTE: THIS ITEM WAS MOVED TO ITEM NO. 7D UNDER PUBLIC HEARINGS. 9f. RESOLUTION AUTHORIZING TRANSFER OF $4,357.16 TO EARLE BROWN HERITAGE CENTER Mr. McCauley advised the Council approve a transfer of $4,357.16 from the General Fund to the Earle Brown Heritage Center. The Earle Brown Heritage Center changed caterers in 1999 and both caterers were required to have liquor licenses during 1999, however the City does not provide a refund on licenses. The Heritage Center will pay a full license fee of $5,200 for 1999 through its reimbursements of D'Amico, but would receive back $4,357.16 for the Flik pro -rated license fees which would leave the City with a full 1999 license fee for the Heritage Center. RESOLUTION NO. 99 -38 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING TRANSFER OF $4,357.16 TO EARLE BROWN HERITAGE CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 03/08/99 -12- DRAFT 8g. RESOLUTION SUPPORTING VARIOUS LEGISLATIVE PROPOSALS AFFECTING CITIES Mr. McCauley advised that this resolution be adopted that requests the City's local legislative delegation to consider supporting legislative initiatives currently pending before the State Legislature that would: 1. Repeal the sales tax on local government. This sales tax unnecessarily increases the cost of local government. 2. Support House File 45 to allow for administrative penalties and streamline ordinance enforcement procedures. . 3. Support Year 2000 (Y2k) bills that address issues of immunity and mutual aid. 4. Support House File 220 that would distribute property tax penalties and interest in proportion to the delinquent taxes that are being paid. Currently while cities do not receive unpaid taxes in proportion to their percent of the total tax bill, only counties and school districts receive the interest and penalties levied upon the repayment of delinquent taxes. It is unfair for cities to receive only the nominal amount of unpaid taxes several years late, while assessing penalties and interest on the entire delinquent amount and distributing those penalties only to school districts and counties. 5. Support Senate File 161 to remove the 30 years service cap on volunteer fire fighters. The 30 year cap on volunteer fire fighters relief contributions sets an artificial limitation on participation in relief associations. RESOLUTION NO. 99 -39 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING VARIOUS LEGISLATIVE PROPOSALS AFFECTING CITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9. ADJOURNIN IENT A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the meeting at 8:19 p.m. Motion passed unanimously. City Clerk Mayor 03/08/99 -13- 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 SPECIAL WORK SESSION MARCH 15, 1999 CITY HALL CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met for a Special Work Session at Brooklyn Center City Hall and was called to order by Mayor Myrna Kragness at 7:04 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Administrative Specialist Anne Finn, CARS Director Jim Glasoe, and Recording Secretary Maria Rosenbaum. PRESENTATION AND DISCUSSION OF CIVIC CENTER BUILDING OPTIONS . Council discussed the number of people using the Community Center and partnerships with others. Mr. McCauley suggested having Mr. Al Mjorud from Mjorud Architect discuss the analysis and outline the three concepts provided in the Council materials. Mr. Mjorud first discussed that City Hall and the Community Center do not conform to current requirements of the Americans with Disability Act (ADA). The Community Center has no elevator or ramp allowing persons with a disability to traverse from one level to the next. The Community Center and City Hall do not have accessible sanitary facilities on each level as now required. Stairways are too steep and handrails do not meet the minimum requirements. Existing doorways do not have the proper side clearances to allow a person easy access. Mr. Mjorud then outlined the three concepts which are as follows: 1. Fix existing buildings. This would refurbish City Hall and provide new lower level entry, build Community Center addition with toilets, entry, elevator and stairs, and upgrade wading pool and provide a new filter. 2. Locker addition to Community Center. This would refurbish City Hall and provide new lower level entry, building Community Center Addition with new locker rooms, wading pool, toilets, entry, elevator, and stairs. • 03/15/99 -1- DRAFT i 3. Building addition to Community Center. This would provide a new Civic Center, Council Chambers, locker rooms, community rooms, accessible facilities, upgrade wading pool, and provide new filter. ADA requirements would be met in all three concepts listed above. Council discussed the space needed at this time and what the future may bring for space needs. Councilmember Hilstrom suggested spending more time looking into the future needs. Mr. McCauley requested discussing item 2, Brookdale Update at this time since Mr. Schlesinger was now present. BROOKDALE UPDATE Mr. Schlesinger introduced himself, Mr. Jim Donofrio, Mr. Lance Sturgis, and Ms. Sharon Paulson. Mr. Schlesinger discussed he has been working with Dayton's, J C Penney, Sears, and Mervins to get signed agreements. Dayton's is very close to an agreement and once the agreement is signed this information will be made public. J C Penney is now in the final stages of agreement for renovation. He is hoping to sign with Sears this week and is still having conversations with Mervins. Mr. Schlesigner informed the Council that the Sony Theater deal is no longer going to happen. He has been conversing with other companies regarding other theaters for the west end of Brookdale. He feels some type of theater needs to be at Brookdale because that will help get people to the mall. Councilmember Lasman asked about stores like American Eagle or Ambercrombie and Fitch. Mr. Schlesinger responded that he was working with the department stores first and then the industry leading stores like The Gap. He shared with the Council he is negotiating with the following stores: The Gap, Eddie Bauer, Ann Taylor, Old Navy, Foot Locker, and Barnes and Noble. He would like to see a better mix of shops and bring these types of stores to Brookdale. At this time he is only negotiating and has no signed agreements with any of the above listed stores. Councilmember Hilstrom asked Mr. Schlesigner if he had a time line that he could share with the Council. Mr. Schlesigner responded that he was hoping to have construction start in June but with the delay in the theater he is anticipating the interior construction to start in January 2000, however, this summer the mall will experience some moving of stores. Mayor Kragness stated that she believes citizens need to see something happen at Brookdale. Citizens were told this year they would start to see changes at Brookdale and have not seen anything. Mr. Schlesigner said that in 45 days or maybe even sooner, once some agreements are signed, the public will be informed. i 03/15/99 -2- DRAFT • Mr. Schlesigner asked the Council if they could meet again in 60 to 90 days to discuss progress • again. It was the consensus of the Council that would be acceptable. RECESS The Council recessed at 8:55 p.m. and reconvened at 9:00 p.m. Council continued discussion on the Civic Center Building options and ways to deal with choosing one of these options. Some of the things suggested was to seek community or commission input on these three options. Mr. McCauley suggested the Council continue this discussion at a future work session. It was the consensus of the Council to continue this discussion. MISCELLANEOUS Councilmember Hilstrom informed the Council she received a call from Mr. Berg and that he may contact them soon regarding his property on West River Road. Council discussed the invocation and the guidelines that need to be followed. ADJOURNMENT Councilmember Lasman made a motion to adjourn the meeting at 10:21 p.m., seconded by Councilmember Hilstrom. Motion passed unanimously. City Clerk Mayor 03/15/99 -3- DRAFT City Council Agenda Item No. 6b ;I City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk W DATE: March 17, 1999 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 March 22, 1999: COURTESY BENCH Ameribench Company 4215 Winnetka Avenue, New Hope MECHANICAL SYSTEMS Advanced Energy Services 3650 Annopolis Lane, Plymouth DJ's Heating and A/C 6060 LaBeaux Avenue, Albertville Delmar Furnace Exchange 4120 8' 3rd Avenue North, Brooklyn Park RENTAL DWELLING Initial: Karen Pelak 5319 & 5321 Queen Avenue North Renewal: Bobby Robson 1107 57th Avenue North Center Park Senior Apartments Maranatha Place J M Benson Shingle Creek Tower Lutheran Social Service of Minnesota 3612 55th Avenue North Lutheran Social Service of Minnesota 6018 Admiral Place Morning Star Investments 1519 Humboldt Place North Nancy Dahlquist 4700 Lakeview Avenue North SIGN HANGER Twin Cities Sign Images, Inc. 17201 113th Avenue North, Osseo s 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 6c r � CBHTF BROOKLYN CENTER �f POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: March 9, 1999 SUBJECT: Application for Exemption from Lawful Gambling License (Bingo/Raffle Application) Earle Brown Elementary PTA a On March 4, 1999, the Brooklyn Center Police Department received an Application for Exemption from Lawful Gambling License from the Earle Brown Elementary PTA. This application is for an event to be held at the Earle Brown Elementary School, 5900 Humboldt Ave N, on Friday, April 23, 1999. This application has been approved and will be returned to the Earle Brown Elementary representative after City Council review. The representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. _,Joel Downer < Chief of Police JD:kh PL�Gt r1Lt� � cao1 -A - act - Page 1 of 2 For Board Use Only Minnesota Lawful Gamb ling 10/98 Fee Paid Application for Exempt Permit - LG220 Check No. . Initials Organization Information Received _! Organization name Previous lawful gambling exemption number Street dity State /Zip Code County NcWi n / 59 OD k isrnhc)ic+ Aic Ki..Frccc r� 0(T fir, M 5 - � - ,o Name of chief executive officer (CEO) of organization Daytime phone number of First name Last name CEO: (cof Z„ ) 5tdo Name of teasurer of organization Daytime phone number of First name Last name treasurer: Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran [/]Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization roof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) _&,C16 _ Anj Address (do not use PO box) City State/Zip Code County ` Date(s) of activity (for raffles, indicate the date of the drawing) 4m ?- a nii` Check the box or boxes that indicate the type of gambling activity your organization will be conducting: 'Bingo Raffles El ❑ "Pull -Tabs El *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative Your name and and your organization's name Private data about you are available only to the format (i.e. large print, Braille) upon request. The and address will be public information when following: Board members, staff of the Board information requested on this form (and any received by the Board. All the other information whose work assignment requires that they have attachments) will be used by the Gambling that you provide will be private data about you access to the information; the Minnesota Control Board (Board) to determine your until the Board issues your permit. When the Department of Public Safety; the Minnesota qualifications to be involved in lawful gambling Board issues your permit, all of the information Attorney General; the Minnesota Commissioners activities in Minnesota. You have the right to that you have provided to the Board in the of Administration, Finance, and Revenue; the refuse to supply the information requested; process of applying for your permit will become Minnesota Legislative Auditor, national and however, if you refuse to supply this information, public. If the Board does not issue you a permit, international gambling regulatory agencies; the Board may not be able to determine your all the information you have provided in the anyone pursuant to court order; other individuals qualifications and, as a consequence, may refuse process of applying for a permit remains private, and agencies that are specifically authorized by to issue you a permit. If you supply the with the exception of your name and your state or federal law to have access to the information requested, the Board will be able to organization's name and address which will information; individuals and agencies for which process your application. remain public. law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. � Application for Exempt Permit - [-G220 Page 2of2 1O08 ` Organization { Local �Jnitof Government ��cknomledSOoeot(Required �� L- Statute) | hi difibirn re ii�� � On behalf of the city, | acknowledge this application On behalf of the county, | acknowledge this application and three options for the city: and three options for the county: 1 /���ro��t�m�p�Ac��oo^ By 1���ppmove the application: Bv taking no action, the � ' �' ' county aUovvothe Board to issue apann� after 3Odoym thechvaUown�heBoordhoioaueapannito�ar ' 3Odo'a(GOdayafora�rsto|oaso�x). 2.l�aine the above-noted wai�n � d The county ^ ` ^' allows the Board to issue a permit before 3Odays. 2. Waive the above-noted waiting period: The Documentation attached. city allows the Board to issue o permit before 3. Deny the application by passing a resolution within 3O days (GO days for a first class city). Docu- 30 days. rnentationattached. Print name ofcounty: 3. Deny the application by passing oresolution within 3U days (6O days for o first class city). (Signature of county personnel receiving application) Pri B Title Date / / (Signature of city personnel i pp|ication) [)n behalf of the township, | acknowledge that the /� organization is applying for exempted gambling activity ''~` ` � '"- alk within the township limits. Date A township has no statutory authority tn approve ordeny an application (K8inn.Sbst. sec. 349.213.subd.2). Print name oftownship: (Signature of township official acknowledging application) Title Dote � Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. � ' Chief Executive Officer's signature � Name (please print) Date Mail Application and Attachment(s) Ad least 4G days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status and • a$25 application fee (make check payable ho "State ofKAinnoaotu"). Application fees are not prorated, � refundable, or transferable. Send to: Gambling Control Board ' 1711 UVattCounty Road B Suite 300 South - RosmviDa,K8N 55113 If your application has not been acknowledged by the local unit of government do not send the application to the Gambling Control Board. Application for Exempt Permit - LG220, Information Sheet 10/98 • Who may be issued an An exempt permit can be issued to nonprofit organizations conducting lawful gambling activity exempt permit? on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. Separate applications Complete a separate application for each occasion. An occasion may be either: required 1. One day of gambling activity. • If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to Obtain a Copy of Proof of Nonprofit Status Minnesota Secretary: ofState . IRS. Income Tax Exemption Certificate of Go ad Standina - Nonprofit Articles of tinder a national organization. Incorporation. : OR If your organization falls under a national organization, Attach. a copy: of your organization's Certificate of Good attach`both of the following Standing {317A) showing incorporation as a nonprofit 1. a copy of the IRS letter showing that your national organization. organization has been a registered. nonprofit 501(c) This certificate can be obtained from the Minnesota organization and carries a group ruling, and , Secretary of State: 2. a. copy of the charter, or letter from your national organization, recognizing your organization as a Minnesota Secretary of. State subordinate. Business Services Division - 180 State Office Building Not under a national organization St. Paul, MN 55155 If your organization does not fall under a national . organization, attach a copy of the IRS income tax Phone: 651- 2962803 exemption (501(c)] letter in the, name of your . . organization, showing income tax exempt: status. . To obtain a copy of your federal income tax exempt letter, send your federal. ID number and the date your organization initially applied for tax exempt. status to: IRS P'.0. Box 2508 Room 4010 :Cincinnati, OH 45201 Phone: (513) 684 -3957 Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Financial report and • On the first working day of the month in which your gambling activity is being held, the Gambling recordkeeping required Control Board will send your organization a financial report form and instructions. • Complete and return the financial report form to the Board within 30 days of your date of activity. • Your organization must keep your gambling records for 3 -1/2 years. Questions? Call Licensing Section of the Gambling Control Board at 651- 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1- 800 - 627 -3529 and ask to place a call to 651- 639 -4000. s City Council Agenda Item No. 6d r MEMORANDUM DATE: March 17, 1999 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aid, -)j v lI �I SUBJECT: Resolution Designating 1999 Planting List of Allowable Boulevard Tree Species As per City Ordinance, Section 20, TREES, the City Council annually adopts a resolution designating allowable boulevard tree species. This list includes a variety of cultivars and some ornamental trees. Section 20 -200, subd. 3 assures that all boulevard trees will be located so as to avoid creating future sight distance problems. Staff recommends maintaining the same species list as was designated in 1998. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DESIGNATING 1999 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City Council of the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, section 20 -402 of the ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that designated as allowable boulevard treespecies for C the following trees are hereby p 1999: Ash (Autumn Purple) Linden (American) & cultivars Crabapple (Flowering) & cultivars Linden (Littleleaf) & cultivars Ginko Maple (Norway) & cultivars Hackberry Maple (Red) & cultivars • Honeylocust (Imperial, Shademaster, Skyline, Maple (Sugar) & cultivars Thornless) Oak (Pin) Oak (white or Bur) 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. 6e i • MEMORANDUM DATE: March 17, 1999 TO: Michael J. McCauley FROM: Scott Brink, City Engineer SUBJECT: Resolution Approving Change Order No. 1, Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 1998 -07, Contract 1998 -J; 1998 -18, Contract 1998 -K; and 1998 -19, Contract 1998 -L, Street Improvements, 68th and Lee Avenues North, John Martin Drive and James and 67th Avenues North On June 8, 1998 by Resolution 98 -95 the City Council awarded a contract in the amount of $456,111.41 to Hardrives, Inc. for Improvement Project Nos. 1998 -07, Contract 1998 -J; 1998 -18, Contract 1998 -K; and 1998 -19, Contract 1998 -L, Street Improvements, 68th and Lee Avenues North, John Martin Drive and James and 67th Avenues North. The work consisted of mill and overlay improvements with a small amount of minor utility adjustments. Harddrives, Inc. has completed the work as specified. The. original final contract amount is $434,492.16, which is lower than the contract amount due to the overestimation of some quantities of work. A Change Order in the amount of $45,931.28 is requested to cover certain additional items of work. Change Order No. 1 consists of two major additions to the contract: 1) Base, Binder, and Wear Course Mix $23,253.98 This relates to additional paving on John Martin Drive. Most of the additional quantities came from staff's decision to add to the contract a short portion of Mn/DOT ROW on the east end of John Martin Drive (coming down from the TH 100 bridge). This section was in particularly poor condition, and Mn/DOT maintenance declined to participate in the project. Staff believed it was in the best interest of the public to accomplish the improvement of the worst of the segment even though it was Mn/DOT's responsibility. Mn /DOT has approved the expense for reimbursement from City MSA funds. Staff will continue to pursue reimbursement from Mn/DOT maintenance. A small part of this cost addition related to extra quantities due to a calculation error when convertin g g from English to metric. 2) Concrete sidewalk and salvage and install pavers $22,677.30 This relates to sidewalk/paver work on the sidewalk nodes on John Martin Drive. A separate 1998 project to rehabilitate the sidewalk nodes in the Farm commercial area was intended to include these nodes as well. It was most cost effective to add these nodes to this contract as the sidewalk work would then be MSA reimbursable. The addition of Change Order No. 1 brings the total contract to $480,423.44, or an increase of 6 percent over the contract. The project had been established with a 10 percent contingency to cover additional items. I recommend that the Council adopt the resolution Approving Change Order No. 1, Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 1998 -07, Contract 1998 -J; 1998 -18, • Contract 1998 -K; and 1998 -19, Contract 1998 -L, Street Improvements, 68th and Lee Avenues North, John Martin Drive and James and 67th Avenues North • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECTNOS. 1998 -07, CONTRACT 1998- 7; 1998 -18, CONTRACT 1998 -K; AND 1998 -19, CONTRACT 1998 -L, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, JOHN MARTIN DRIVE AND JAMES AND 67TH AVENUES NORTH WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Hardrives, Inc. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project Nos. 1998 -07, Contract 1998 -J; 1998 -18, Contract 1998 -K; and 1998 -19, Contract 1998 -L, Street Improvements, 68th and Lee Avenues North, John Martin Drive and James and 67th Avenues North NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1 is hereby approved. The work completed under said contract is accepted and approved according to the following schedule: Total Contract COSTS As Per Bid As Final Contract $456,111.41 $434,492.16 Contingency 45,611.15 Change Order No. 1 45,931.28 Subtotal, Construction $501,722.56 $480,423.44 a Admin/Legal /Eng 25,086.11 25,225.43 TOTAL $526,808.67 $505,648.87 I REVENUES As Per Bid As Final Municipal State Aid $142,326.92 $175,809.69 L 132 264.25 175 607.88 Local State Aid ( ) ( ) Assessments 477,030.00 476,988.00 Water Utility 24,366.00 16,010.12 Sanitary Sewer Utility 9,500.00 3,569.48 Storm Drainage Utility 5,850.00 8,879.46 TOTAL $526,808.67 $505,648.87 Resolution No. 1998 -18, Schedule A - John Martin Drive COSTS As Per Bid As Final Contract $129,579.16 $118,003.72 Contingency 12,957.92 Change Order No. 1 45,931.28 Subtotal, Construction $142,537.08 $163,935.00 Admin/Legal /Eng 7,126.84 13, 807.49 TOTAL $149,663.92 $177,742.49 REVENUES As Per Bid As Final Municipal State Aid $142,326.92 $175,809.69 Local State Aid (129,162.00) (128,863.53) Assessments 129,162.00 129,162.00 i Water Utility 3,337.00 - Sanitary Sewer Utility 4,000.00 999.08 Storm Drainage Utility - 635.25 TOTAL $149,663.92 $177,742.49 1998 -19, Schedule B - James /67th Avenues COSTS As Per Bid As Final Contract $156,312.50 $160,402.79 Contingency 15,631.25 Subtotal, Construction $171,943.75 $160,402.79 Admin/Legal /Eng 8,597.19 725.77 TOTAL $180,540.94 $161,128.56 Resolution No. 1998 -19, Schedule B - James /67th Avenues I REVENUES As Per Bid As Final Local State Aid $22,772.94 $6,149.54 Assessments 150,968.00 150,968.00 Water Utility 2,880.00 - Sanitary Sewer Utility I 2,000.00 608.52 Storm Drainage Utility I 2,000.00 3,402.50 TOTAL I $180,540.94 $161,128.56 1998 -07, Schedule C - Lee /68th Avenues COSTS As Per Bid As Final Contract $170,219.75 $156,085.65 Contingency 17,021.98 Subtotal, Construction $187,241.72 $156,085.65 Admin/Legal /Eng 9,362.09 I 10,692.17 TOTAL $196,603.81 I $166,777.82 REVENUES As Per Bid As Final Local State Aid (25,875.19) (52,893.90) Assessments 196,900.00 196,858.00 Water Utility 18,229.00 16,010.12 Sanitary Sewer Utility I 3,500.00 1,961.88 Storm Drainage Utility I 3,850.00 4,841.72 TOTAL I $196,603.81 $166,777.82 2. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract is $480,423.44. • 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 i • City Council Agenda Item No. 6f • MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: March 18, 1999 SUBJECT: Resolution Awarding Contracts for City Insurance Policies and the Insurance Agent for 1999 Attached is a resolution which will authorize renewal of the following insurance contracts: POLICY: INSURANCE COMPANY: Comprehensive Property and Casualty Insurance L.M.C.I.T. Worker's Compensation Insurance L.M.C.I.T. Boiler and Machinery Insurance L.M.C.I.T. Accident Plan for Volunteers L.M.C.I.T. Open Meeting Law Defense L.M.C.I.T. Liquor Liability Insurance L.M.C.I.T. The League of Minnesota Cities Insurance Trust (L.M.C.I.T.) reevaluated their insurance policies for 1999. Coverages weren't changed extensively, but premiums were analyzed and raised or lowered for various policies. The end result was a total premium increase to the city of 13.05 % over 1998 premiums. Property insurance rates increased about 10% over 1998. Policy enhancements in 1998 included the addition of business interruption /extra expense, valuable papers, computer coverage, and flood insurance to the property policy. This may have driven the 1999 rate increase. The City's premium for property is up 27% over 1998 with added building values from construction causing the remainder of the increase. Boiler and Machinery insurance premiums increased primarily due to the added building values from construction and inflation in the value of existing buildings. Liquor liability insurance premiums increased because estimated sales are higher. A quote has been requested from the L.M.C.I.T. to provide liability insurance for the E.D.A. as a separate entity. This would close a gap in the City's insurance which could • otherwise leave the City exposed in certain, limited instances. The quote hasn't yet been received. Worker's Compensation insurance premiums are up due to a change in the City's . experience modifier. This is a calculation which compares the L.M.C.I.T.'s cost of handling Brooklyn Center's claims to the premiums collected. It is based upon an average of the three most recent completed years. The year 1997 was added to the calculation while 1994 dropped off. Several expensive claims happened in 1997 which caused the experience modifier for the 1999 policy to go from 1.08 to 1.20. The L.M.C.I.T. also reduced the credit they give for participating in their managed care program from 10 % to 5 % of the premium. These factors plus the normal inflation in the wage base drove a 26 % increase in the premium. All insurance premiums are within or close to the amounts budgeted for them. The attached spreadsheet provides more detail on the City's insurance premiums. It should be noted that the City has received dividends back from the LMCIT in each of the last twelve years. In 1998, the city received a dividend of $40,020 on property and casualty premiums which originally totaled $207,097. This represents 19.3 % of the original premium. The city also received a dividend of $48,825 on worker's compensation insurance premiums of $126,514 in 1997. We expect to receive dividends again in 1999, but can't • predict the amounts. The resolution also will renew the annual contract with the City's insurance agent. The L.M.C.I.T. requires that the City have an insurance agent in order to participate in their property /casualty program. Also, the City doesn't always buy all of its policies from the L.M.C.I.T. In some cases, they don't provide a coverage we need, in others they aren't the best or lowest cost provider. An agent is needed to help us determine the best source of coverage and then prepare and submit applications for that coverage. The City has an agreement with AJ Gallagher & Co. of Minnesota, Inc. for agent services on a flat "fee for services" basis rather then paying a commission based on premiums, which is the more common practice in the insurance industry. Such commissions vary from 2% up to 10% of premiums. If the city didn't have the flat fee agreement, the commissions to the agent could exceed $20,000 a year. AJ Gallagher & Co. has agreed to extend its contract to January 1, 2000 for a fee of $9,500. The fee was last increased in 1995 from $8,600 to $9,000. This represents an increase of about 1.4% per year. The City also retains an insurance consultant. A request for proposals was done for the risk management consultant in 1997. The consultant selected in 1997, Berkley Risk Services, has decided to withdraw from this field of service. We are now evaluating • alternatives for providing this service. In the past it has been asked if the City staff could do this without the help of outside consultants. The Finance Director is the primary risk manager on staff. He is able to spend less than 10 % of his time on this area. Due to this limit on time, the fact that he isn't a trained risk management professional, and that he isn't exposed to events & trends in other cities and the larger insurance industry, it isn't possible for him to cover risk management without help from consultants. Risk management is a larger endeavor than just insurance. The insurance consultant is an additional source of expertise used to help in areas such as loss prevention, analyzing levels of risk to retain in the city as opposed to transferring the risk via insurance, analyzing operations, and reviewing insurance applications to confirm that we completely listed all properties and activities which should be insured. i • CITY OF BROOKLYN CENTER INSURANCE CONTRACTS FOR 1999 Percent 1999 1998 Increase Increase COVERAGE Premium Premium (Decrease) - Decrease Comprehensive Municipal Property & Casualty General Liability $131,442 $131,826 ($384) -0.29% Property & misc equipment 37,610 29,614 7,996 27.00% Inland Marine 5,285 4,950 335 6.77% Boiler & Machinery 6,923 5,900 1,023 17.34% Automobile Liability & Collision 32,301 29,663 2,638 8.89% Money & Security 1,783 2,221 (438) - 19.72% Bonds 2,955 2,923 32 1.09% ------- - - - - -- ------- - - - - -- ----- - - - - -- ----- - - - - -- Total Property & Casualty 218,299 207,097 11,202 5.41% ® Worker's Compensation 161,471 127,812 33,659 26.33% Accident Plan for Volunteers 2,175 2,175 0 0.00% Open Meeting Law Defense 1,709 1,712 (3) -0.18% Liquor Liability 8,570 8,161 409 5.01% TOTAL $392,224 $346,957 $45,267 13.05% insurance(renewal /awardins 3/18/99 • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AWARDING CONTRACTS FOR CITY INSURANCE POLICIES AND THE INSURANCE AGENT FOR 1999 WHEREAS, the Director of Finance and the City's Insurance Agent have negotiated annual renewal premiums for the City's comprehensive insurance coverage for the period from January 1, 1999 to January 1, 2000 and they are as follows: 1. Comprehensive Municipal Property and Casualty Insurance from the League of Minnesota Cities Insurance Trust (L.M.C.I.T.): Property $ 37,610 Inland Marine 5,285 Boiler & Machinery 6,923 General Liability 131,442 Automobile Liability 32,301 • Crime 1,783 Bonds 2,955 Total Annual Premium $218,299 2. Workers' Compensation Insurance from the L.M.C.I.T.: Total Annual Premium $161,471 3. Accident Plan for Volunteers from the L.M.C.I.T.: Total Annual Premium $ 2,175 4. Open Meeting Law Defense from the L.M.C.I.T.: Total Annual Premium $ 1,709 5. Liquor Liability Insurance from the L.M.C.I.T.: Total Annual Premium $ 8,570 ; and WHEREAS, Minnesota Statutes provide that elected officials are considered employees for workers compensation purposes only if the city has passed an ordinance or resolution to that effect; and • RESOLUTION NO. WHEREAS, the League of Minnesota Cities Insurance Trust requires cities to use the services of an agent in order to participate in the L.M.C.I.T. property /casualty program; and WHEREAS, Arthur J. Gallagher & Co. Of Minnesota, Inc. has been the City's insurance agent since January 1, 1990 on a fee - for - services basis, has provided good agent services to the City of Brooklyn Center, and wishes to extend the agreement for services or another year; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to: 1. Accept the negotiated insurance renewals and award the contracts as stated. 2. Declare pursuant to Minnesota Statutes 176.011, subd. 9, clause 6, that the Mayor and Council Members are considered to be employees for worker's compensation insurance purposes. 3. Designate the Arthur J. Gallagher & Co. of Minnesota, Inc. agency as the agent • of record for said insurance. 4. Renew the fee - for - services contract as City insurance agent with Arthur J. Gallagher & Co. of Minnesota, Inc. for the period of January 1, 1999 through December 31, 1999 at an annual fee of $9,500. 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. 7a • • MEMORANDUM DATE: March 15, 1999 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Public Hearing Regarding Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, Public Nuisance Abatement Charges, and Delinquent Public Utility Service Accounts Procedures and General Information The series of public hearings scheduled on March 22, 1999 are to consider certification of proposed special assessments. The Council called for these hearings at its February 22, 1999 meeting. All potentially affected property owners have been notified by certified mail of the date of the public hearing and the amount of the proposed special assessments, with the exception of those with delinquent public utility service accounts. Those property owners have been notified by first class mail. Recommended Procedure Hold each hearing one at a time. 1) Request staff report 2) Council discussion 3) Open public hearing and take public comment 4) Close public hearing 5) A resolution is provided for each levy roll which is to be adopted. i Some property owners may choose to object to a special assessment; other property owners may choose to appeal an assessment. An objectioii is typically a concern expressed by the property owner about the amount of the assessment, or perhaps an assertion that they are not responsible for its payment. It is most common to receive objections regarding assessments for tree removal or weed destruction, with property owners disputing an amount, or stating that the work occurred under the previous property owners. An appeal is a legal challenge to the assessment. Property owners must file with the City Clerk a written notice of objection before or at the public hearing, and then follow up with service of notice of appeal on the City and filing with district court. These types of disputes often require both parties to obtain appraisals and review and possibly negotiate assessments, and can lead to legal hearings. Should objections or appeals be filed with the Clerk prior to the public hearing, or should any person appear at the hearing and object to or appeal an assessment, it is recommended that the Council: ♦ Refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint, and assemble documentation. Consider removing the objected- to assessment from the proposed levy roll and adopting the remaining proposed assessments. ♦ If appeals are filed, staff will advise the council about options about how to handle the dispute and the litigation. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1. Pay the entire amount of the special assessment, without interest, between March 23 and May 31, 1999). 2. From June 1 through November 30, 1999 the property owner may pay the total assessment, with interest calculated from June 1, 1999 to the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2000. The total principle will be payable in annual installments for the period stated on the levy roll. Interest is paid on the unpaid balance. 4. Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVA COSTS TO T HF_.NNEP COTTNTY TAX ROL S WHEREAS, the Tree Inspector of the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 1998 under the authority of Minnesota Statutes, Section 18.023 and by written agreement with the owners of such property; and WHEREAS, two assessment rolls, a copy of each of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, one tabulating those properties where tree removal costs are less than $300 and one tabulating those properties where tree removal costs are greater than $300, together with the amounts proposed to be assessed to each property; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment rolls of tree removal costs are hereby adopted and certified as the following levies: Tree Removal costs less than or equal to $300: Levy No. 14560 Tree Removal costs greater than $300 Levy No. 14561 2. The assessments as adopted and confirmed shall be payable in equal annual installments with interest thereon at six (6) percent per annum, extending over a period of years as listed below. The first of the installments shall be payable with ad valorem taxes in 2000, and shall bear interest on the entire assessment from June 1, 1999 through December 31, 2000. To each subsequent installment when due shall be added interest for one year on all unpaid installments. a. Assessments less than or equal to $300.00 are payable in three annual installments. b. Assessments greater than $300.00 are payable in five annual installments. �i RESOLUTION NO. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKE #ENTER SPECIAL ASSESSMENT CE1"i IFICATION ROLL 3/22/99 TREE REMOVAL 99 -3 MUNICIPAL CODE NO. 22 Levy runs three (3) years PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 14560 02- 118 -21 -14 -0058 89270 $188.00 5737 Irving Ave N Roger & Sandra Woodford 14560 25- 119 -21 -32 -0028 89643 $180.50 7219 Girard Ave N Michael Helle $368.50 I I CITY OF BROOKLYN CENO • SPECIAL ASSESSMENT CERTIFICATION ROLL 3/22/99 TREE REMOVAL 99 -5 MUNICIPAL CODE NO. 22 ' r Levy runs five (5) years PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 14561 01- 118 -21 -23 -0029 89325 $416.00 5743 Emerson Ave N Joseph & Mary Manley 14561 02- 118 -21 -41 -0096 89580 $842.78 5532 Logan Ave N Larry & Judith Krone 14561 34- 119 -21 -13 -0054 89265 $1,657.50 6512 Drew Ave N Andrew & Lisa Hockert 14561 03- 118 -21 -43 -0045 89200 $1,657.50 5331 Northport Dr. Steven & Debra Canfield 14561 34- 119 -21 -44 -0085 89392 $778.88 3307 62nd Ave N Jon Marcotte 14561 35- 119 -21 -33 -0020 89390 $528.00 2807 63rd Ave N Latonia Johnson 14561 36- 119 -21 -21 -0107 00263 $2,083.50 6801 Aldrich Ave N Laurie Randall $7,964.16 i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on certain properties within the City under the authority of Minnesota Statutes, Section 18 -271; and WHEREAS, on March 15, 1999 there remained unpaid certain of these weed destruction accounts; and WHEREAS, assessment rolls for unpaid accounts from 1998, copies of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, tabulating those properties where an unpaid weed destruction account is to be assessed with the amount to be assessed; and WHEREAS, said statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and i WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of unpaid weed destruction accounts is hereby adopted and certified as Levy No. 14562. 2. The assessment as adopted and confirmed shall be payable with ad valorem taxes in 2000, in one annual installment with interest thereon at six (6) percent per annum and shall bear interest on the entire assessment from June 1, 1999 through December 31, 2000. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. RESOLUTION NO. Such November 15 or interest will be charged must be made before , payment g through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. 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 i • • CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL 3/22/99 WEED DESTRUCTION 99 MUNICIPAL CODE NO. 22 Levy runs one (1) year PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN: Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 14562 01- 118 -21 -23 -0018 89255 $80.00 5707 Emerson Ave N Patricia Johnson 14562 01- 118 -21 -33 -0165 89365 $290.00 Lot 5, Block 1 Hennepin County Forfeited Land FAIRHAVEN PARK 14562 10- 118 -21 -12 -0008 89540 $260.00 5220 Drew Ave N James & Susan Toliver 14562 10- 118 -21 -32 -0059 89495 $80.00 LOT 8 BLOCK 6 Cecilia Bruce LAKEBREEZE ADDITION 17800 Yakima St. NW Ramsey, MN 55303 -3347 14562 33- 119 -21 -41 -0006 89245 $100.00 6413 Noble Ave N Michael & Thamatha Springsteen 14562 33- 119 -21 -44 -0011 90086 $140.00 4921 63rd Ave N Donald Miles /Deana Johnson 14562 34- 119 -21 -13 -0009 89100 $80.00 6520 Brooklyn Blvd. Phyllis Owens 14562 35- 119 -21 -11 -0038 03257 $240.00 Lot 2, block 1 Vadim Partolin TANAMI ADDITION 616 S. Masselin Ave. #223 Los Angeles, CA 90036 14562 35- 119 -21 -22 -0010 00584 $410.00 Registered Land Survey No.1499 SPM Construction Jeffrey Wirth 615 2nd Ave S Minneapolis, MN 55402 14562 36- 119 -21 -12 -0038 89105 $170.00 LOT 30 David Evanson AUDITOR'S SUBDIVISION NO. 310 2208 73rd Ave N Brooklyn Park, MN 55430 $1,850.00 i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR PUBLIC NUISANCE ABATEMENT CHARGES TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the owner of record of the property served has been notified of the proposed special assessment according to legal requirements; and WHEREAS, in accordance with the provisions of City Ordinance 19 -105, Abatement of Public Nuisance and Assessment of Cost, the property owner at 4746 Lakeview Avenue was ordered and subsequently failed to abate a nuisance upon said property; and WHEREAS, Section 19 -105 provides that the cost of abating said nuisance, including legal fees, shall be certified to the county auditor as a special assessment against the property from which the nuisance has been abated; and i WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference, has been prepared by the City Clerk, tabulating the property where a nuisance abatement cost is to be assessed with the amount, including service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for public utility hookup charges: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of pubic nuisance abatement charges is hereby adopted and certified as the following levy: Public Nuisance Abatement Levy No. 14564 2. The assessment as adopted and confirmed shall be payable with ad valorem taxes in 2000, and shall bear interest at the rate of at six (6) percent per annum, and shall bear interest on the entire assessment from June 1, 1999 through December 31, 2000. i • RESOLUTION NO. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is aid within 30 days from the adoption of this g p Y P resolution; may an time thereafter, a to the C Treasurer the sol on; and he or she m y, y , pay ty entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: City Clerk e b m The motion for the adoption of the foregoing resolution was duly seconded y mb p b � 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. • CITY OF BROOKLENTER • SPECIAL ASSESSMENT CE ,11FICATION ROLL 3/22/99 PUBLIC NUISANCE ABATEMENT MUNICIPAL CODE NO. 22 Levy runs one (1) year PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 14564 10- 118 -21 -32 -0027 89495 $136.50 4746 Lakeview Leonard Martin $136.50 I i I i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the records of the Public Utilities Department list certain accounts delinquent as of March 15, 1999; and WHEREAS, the owners of record of the properties served by each delinquent account have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes, Section 444.075 and City Ordinances, Sections 4 -105 and 16 -204 authorize certification of such delinquent accounts to the County tax rolls for collection; and WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public • utility account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent public utility accounts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of delinquent public utility accounts is hereby adopted and certified as Levy No. 14563. 2. The assessments as adopted and confirmed shall be payable with ad valorem taxes in 2000, in one annual installment with interest thereon at six (6) percent per annum, and shall bear interest on the entire assessment from June 1, 1999 through December 31, 2000. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the ® RESOLUTION NO. adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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. • CURRENT CERTIFICATION REPORT 18 -MAR -1999 (09:03) page 1 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID -----------------------------------------L------------------------------------------------------------------------------------------ 100046000401 DOROTHY PINCK S Y 66.89 30.00 96.89 3311921120025 6725 TOLEDO AVE N BROOKLYN CENTER MN 55429 -1679 100050000704 THOMAS ANDREWS S Y 183.70 30.00 213.70 3311921120036 5312 67TH AVE N BROOKLYN CENTER MN 55429 -1650 100105000201 RICHARD K SULLIVAN S Y 82.43 30.00 112.43 3311921120102 6713 REGENT AVE N BROOKLYN CENTER MN 55429 -1659 100168000608 JOSE HERNANDEZ S Y 354.13 30.00 384.13 ,3311921110057 6721 PERRY AVE N BROOKLYN CENTER MN 55429 -1609 100169000503 DEBRA SCHLICK S Y 216.40 30.00 246.40 3311921110056 6727 PERRY AVE N BROOKLYN CENTER MN 55429 -1609 100211000304 ROBERT SHAW S Y 103.73 30.00 133.73 3311921110009 6836 ORCHARD AVE N BROOKLYN CENTER MN 55429 -1607 100229000304 BEVERLY DAVIS S Y 324.78 30.00 354.78 3311921110002 6825 NOBLE AVE N BROOKLYN CENTER MN 55429 -1604 100397000902 JONATHAN EVARTS S Y 205.69 30.00 235.69 2711921330035 6936 MAJOR AVE N BROOKLYN CENTER MN 55429 -1338 100421010802 J ISOM S Y 236.56 30.00 266.56 2811921410189 7114 QUAIL CIR E BROOKLYN CENTER MN 55429 -1209 100422020602 TOM KELLY S Y 199.56 30.00 229.56 2811921410042 7105 QUAIL CIR E BROOKLYN CENTER MN 55429 -1208 100431020503 EUGENIA M GROH S N 238.95 30.00 268.95 2811921410154 7212 PERRY CT E BROOKLYN CENTER MN 55429 -1203 100431020503 EUGENIA M GROH B Y 2811921410154 13000 HARRIET AVE S ##304 BURNSVILLE MN 55337 -2657 100462000903 BARBARA RADEMAKER S Y 187.21 30.00 217.21 2811921440020 7025 PERRY AVE N BROOKLYN CENTER MN 55429 -1224 PROCEDURE EXEIVON INFORMATION ® • ------------------------------- Procedure name: CERTREPT(UBONLN.BC) User: STASIA,UB.BC,UBONLN Custom user profile: $UB ! Run date: 18 -MAR -1999 Started at: 09:03:57.4 Finished at: 09:03:58.4 Elapsed time: 00:00:01.0 CPU time: 00:00:00.9 Records read: 1718 Records selected: 280 Records written: 281 Selection values: ADDRESS -TYPE : [P] : "S" or TAX- ROLL - SEND -CD :[P]: "Y" and AMT -OPEN :[P]: NE .00 CURRENT CERTIFICATION REPORT 18 -MAR -1999 (09:03) page 2 of 22 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN - CHARGE ASSESSED -AMT PID ---------- - - ----------------------------j- ---------------------------------------- 100576000202 GAYLYN EDSTROM S Y 99.32 30.00 129.32 2811921440053 6907 QUAIL AVE N BROOKLYN CENTER MN 55429-1226 I 100613000703 JOHN WILMES S Y 319.26 30.00 349.26 2811921430012 6924 SCOTT AVE N BROOKLYN CENTER MN 55429 -1259 100629000904 DON GERVAIS S Y 228.94 30.00 258.94 2811921430038 5218 70TH AVE N BROOKLYN CENTER MN 55429 -1233 100637200509 KATRICE CLARK S N 164.13 30.00 194.13 2811921420312 5419 PONDS DR BROOKLYN CENTER MN 55429 -1252 100637200509 UNITY PLACE O Y 2811921420312 7256 UNITY AVE N BROOKLYN CENTER MN 55429 -1269 100637220306 GAIL KIMBROUGH S N 70.96 30.00 100.96 2811921420308 5415 PONDS DR BROOKLYN CENTER MN 55429 -1252 100637220306 UNITY PLACE O Y 2811921420308 7256 UNITY AVE N BROOKLYN CENTER MN 55429 -1269 100637230207 DEANNA FENNING S N 142.17 30.00 172.17 2811921420306 5413 PONDS DR BROOKLYN CENTER MN 55429 -1252 100637230207 UNITY PLACE O Y 2811921420306 7256 UNITY AVE N BROOKLYN CENTER MN 55429 -1269 100637430807 DENISE MCCASKEL S N 99.07 30.00 129.07 2811921420270 5305 PONDS DR BROOKLYN CENTER MN 55429 -1250 1 100637430807 UNITY PLACE O Y 2811921420270 7256 UNITY AVE N BROOKLYN CENTER MN 55429 -1269 ,100637500809 JAMES LEDLUM S N 35.58 30.00 65.58 1 2811921420273 5308 PONDS DR BROOKLYN CENTER MN 55429 -1251 100637500809 UNITY PLACE 0 Y 12811921420273 7256 UNITY AVE N BROOKLYN CENTER MN 55429 -1269 CURRENT CERTITION REPORT 18 -MAR -1999 (09:03) ge 3 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID -----------------------------------------t-------------------------------------------------------------------------------- 100637660007 MAREN MCDONNELL S N 140.42 30.00 170.42 2811921420309 5416 PONDS DR BROOKLYN CENTER MN 55429 -1253 100637660007 UNITY PLACE 0 Y 2811921420309 7256 UNITY AVE N BROOKLYN CENTER MN 55429 -1269 100637680808 TIFFANY DAY S N 157.85 30.00 187.85 2811921420313 5420 PONDS DR BROOKLYN CENTER MN 55429 -1253 100637680808 UNITY PLACE 0 Y 2811921420313 7256 UNITY AVE N BROOKLYN CENTER MN 55429 -1269 100638040409 COUNCE LASONDRA S Y 80.48 30.00 110.48 2811921430050 6912 UNITY AVE N BROOKLYN CENTER MN 55429 -1263 100638910802 CLARENCE BLACKMAN S Y 277.73 30.00 307.73 2811921430139 7069 UNITY AVE N BROOKLYN CENTER MN 55429 -1264 1100639500602 TERESA A HILL S Y 240.30 30.00 270.30 2811921420046 5435 72ND CIR BROOKLYN CENTER MN 55429 -1246 100639560004 DENNIS BYRD S Y 186.51 30.00 216.51 2811921420052 5359 72ND CIR BROOKLYN CENTER MN 55429 -1273 100640230704 SHEILA WILSON S N 83.80 30.00 113.80 2811921420359 7255 UNITY AVE N BROOKLYN CENTER MN 55429 -1268 100640230704 UNITY PLACE B Y 2811921420359 7256 UNITY AVE N BROOKLYN CENTER MN 55429 100640250509 OLA COHENS S N 66.48 30.00 96.48 2811921420361 7259 UNITY AVE N BROOKLYN CENTER MN 55429 -1268 100640250509 UNITY PLACE 0 Y 2811921420361 7256 UNITY AVE N BROOKLYN CENTER MN 55429 -1269 100787000705 DUANE CATTLEDGE S Y 226.55 30.00 256.55 3411921120046 6807 DREW AVE N BROOKLYN CENTER MN 55429 -1877 CURRENT CERTIFICATION REPORT 18- MAR -1999 (09:03) page 4 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ---------------------------------------- - I------------------------------------------------------------------------------------------- 100801000904 JEROME WILSON S Y 124.41 30.00 154.41 3411921120018 6724 DREW AVE N BROOKLYN CENTER MN 55429 -1876 100801000904 LISA WILSON 2 Y 3411921120018 6724 DREW AVE N BROOKLYN CENTER MN 55429 -1876 100814000401 SANDRA WRIGHT S Y 235.62 30.00 265.62 3411921110043 6837 BEARD AVE N BROOKLYN CENTER MN 55429 -4212 100926000904 BRAD EMHOLTZ S Y 223.44 30.00 253.44 3411921110064 3106 68TH AVE N BROOKLYN CENTER MN 55429 -4217 101023000902 STANLEY LEINO S Y 315.57 30.00 345.57 2711921420025 7118 FRANCE AVE N BROOKLYN CENTER MN 55429 -1446 101047000102 ANNA THOMAS S N 202.92 30.00 232.92 2711921430032 7012 EWING AVE N BROOKLYN CENTER MN 55429 -1440 101047000102 ANNA THOMAS B Y 2711921430032 2301 N TAMPA ST TAMPA FL 33602 -2144 101054000103 DEBRA GROVE S Y 253.68 30.00 283.68 2711921420012 7051 DREW AVE N BROOKLYN CENTER MN 55429 -1435 101056000904 TIMOTHY J GRAHAM S Y 199.83 30.00 229.83 2711921430014 7037 DREW AVE N BROOKLYN CENTER MN 55429 -1435 101061000205 JAMES VICKROY S Y 221.03 30.00 251.03 2711921430019 7007 DREW AVE N BROOKLYN CENTER MN 55429 -1435 101063000002 ISAIAH HOLMAN S Y 295.09 30.00 325.09 2711921430021 6943 DREW AVE N BROOKLYN CENTER MN 55429 -1433 101068000502 DONALD WATZKE S Y 147.25 30.00 177.25 2711921430009 6942 DREW AVE N BROOKLYN CENTER MN 55429 -1434 101093000403 PAUL BUSHEY S Y 211.78 30.00 241.78 2711921430086 3605 VIOLET AVE BROOKLYN CENTER MN 55429 -1466 i s • 0 CURRENT CERTIOTION REPORT 0 18 -MAR -1999 (09:03) Oe 5 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID -----------------------------------------t------------------------------------------------------------------------------------------- 101108000702 ERICK EDSTROM S Y 49.90 30.00 79.90 2711921420122 3616 VIOLET AVE BROOKLYN CENTER MN 55429 -1467 101159000505 DONNA JONES S Y 168.83 30.00 198.83 2711921420076 3506 72ND AVE N BROOKLYN CENTER MN 55429 -1412 101226000402 JAMES KOCUR S Y 174.63 30.00 204.63 2711921310051 7131 FRANCE AVE N BROOKLYN CENTER MN 55429 -1445 101249000705 HUY VU PHAN S Y 157.83 30.00 187.83 2711921340067 6906 GRIMES AVE N BROOKLYN CENTER MN 55429 -1450 101274000503 MARLA G. OBEREMBT S Y 296.53 30.00 326.53 2711921310011 7212 GRIMES AVE N BROOKLYN CENTER MN 55429 -1456 101296000904 JAMES WILLIS S Y 202.04 30.00 232.04 2711921340023 4001 71ST AVE N BROOKLYN CENTER MN 55429 -1407 101309010301 KEVIN TESMAR S Y 76.67 30.00 106.67 2711921340083 6906 HALIFAX AVE N BROOKLYN CENTER MN 55429 -1372 101330000704 LISA JOHNSON S Y 253.29 30.00 283.29 2711921310042 7106 HALIFAX AVE N BROOKLYN CENTER MN 55429 -1356 101585000903 LEONARD HILKE S Y 96.38 30.00 126.38 2711921310103 7225 INDIANA AVE N BROOKLYN CENTER MN 55429 -1318 101624050703 ROBIN WARE -AVERY S Y 83.66 30.00 113.66 3411921110015 6831 YORK PL BROOKLYN CENTER MN 55429 -4208 101630030106 MARNIE L KITTELSON S Y 342.35 30.00 372.35 3511921220031 2922 68TH LN N BROOKLYN CENTER MN 55430 -1439 101632080403 MYRL STEWART- CLARKE S Y 203.51 30.00 233.51 3511921230020 2832 67TH IN N BROOKLYN CENTER MN 55430 -1711 101633170203 VALERIE MOORE S Y 76.56 30.00 106.56 3511921230068 6605 XERXES PL N BROOKLYN CENTER MN 55430 -1761 CURRENT CERTIFICATION REPORT 18- MAR -1999 (09:03) page 6 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID -----------------------------------------L------------------ - --- -------------------------------------------------------------------- 101634020803 SHANNON VARHOL S N 76.67 30.00 106.67 3511921230047 6658 XERXES PL N BROOKLYN CENTER MN 55430 -1715 101634020803 JAMES R FOLEY B Y 3511921230047 6658 XERXES PL N BROOKLYN CENTER MN 55430 -1715 101634020803 JOHN FOLEY F Y 3511921230047 5829 142ND AVE NW RAMSEY MN 55303 211045000001 ALLAN THIELEN S Y 68.88 30.00 98.88 2611921430094 7028 OLIVER AVE N BROOKLYN CENTER MN 55430 -1053 21106S000503 TOM YURECKO S Y 232.16 30.00 262.16 2611921430025 6931 NEWTON AVE N BROOKLYN CENTER MN 55430 -1036 211106000607 MARK ROTTACH S Y 290.10 30.00 320.10 2611921420048 7124 NEWTON AVE N BROOKLYN CENTER MN 55430 -1041 211106000607 BARBARA ROTTACH 2 Y 2611921420048 7124 NEWTON AVE N BROOKLYN CENTER MN 55430 211147000701 DEAN W. ANDERSON S Y 220.72 30.00 250.72 2611921420037 7137 MORGAN AVE N BROOKLYN CENTER MN 55430 -1032 211157000403 KATHY ROSS S Y 205.41 30.00 235.41 2611921420053 7243 MORGAN AVE N BROOKLYN CENTER MN 55430 -1034 211198000501 JOHN L WEBB S Y 182.83 30.00 212.83 2611921430046 7001 LOGAN AVE N BROOKLYN CENTER MN 55430 -1022 211210000903 LANCE COOPER S Y 329.40 30.00 359.40 12611921420020 7131 LOGAN AVE N BROOKLYN CENTER MN 55430 -1024 1 '211289000507 JAMES SEEL S N 268.81 30.00 298.81 3511921110033 1513 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211289000507 DAYSTAR INVESTMENT 0 Y 3511921110033 17799 #300 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 CURRENT CERT*TION REPORT • 18 -MAR -1999 (09:03) Qe 7 of 22 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID -----------------------------------------(------------------------------------------------------------------------------------------- 211290010106 DAYSTAR INVESTMENTS S N 243.09 30.00 273.09 3511921110028 1549 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211290010106 DAYSTAR INVESTMENTS 0 Y 3511921110028 17799 4300 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 211290020004 MORNINGSUN INV S N 202.66 30.00 232.66 3511921110027 1543 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211290020004 MORNINGSUN INV 0 Y 3511921110027 17799 #300 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 211291000107 SHIRLEY COLE S N 197.29 30.00 227.29 3511921110031 1525 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211291000107 MORNINGSUN INV 0 Y 3511921110031 17799 4300 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 211291010005 SHARON POTTS S N 211.10 30.00 241.10 3511921110030 1531 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 ! MORNINGSUN INV 0 Y ,3511921110030 17799 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 211309000101 JASON LARSON S N 189.30 30.00 219.30 2611921440033 7031 JAMES AVE N BROOKLYN CENTER MN 55430 -1161 211309000101 MRS. FRANK GREGORY 0 Y 2611921440033 7031 JAMES AVE N BROOKLYN CENTER MN 55430 -1161 211324000205 TIM FEZLER S Y 191.86 30.00 221.86 2611921440054 7006 IRVING AVE N BROOKLYN CENTER MN 55430 -1160 211402000704 PAUL CAVALLARO S Y 299.39 30.00 329.39 2611921440021 7013 KNOX AVE N BROOKLYN CENTER MN 55430 -1015 211418000902 DOUGLAS WEAVER S Y 97.89 30.00 127.89 2611921410103 7231 KNOX AVE N BROOKLYN CENTER MN 55430 -1018 CURRENT CERTIFICATION REPORT 18- MAR -1999 (09:03) page 8 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ---------------------------------------- i ------------------------------------------------------------------------------------------- 211436000702 LES OSTRANDER S Y 82.89 30.00 112.89 2611921410093 1613 73RD AVE N BROOKLYN CENTER MN 55444 -2452 211440000107 SHARON MURPHY S Y 114.41 30.00 144.41 2611921410105 7236 KNOX AVE N BROOKLYN CENTER MN 55430 -1019 212084000003 VICTORIA FLOMO S Y 198.83 30.00 228.83 2511921320048 7100 GIRARD AVE N BROOKLYN CENTER MN 55430 -1147 1212091000106 ROXANE B HAYDEN S Y 186.05 30.00 216.05 12511921330067 7006 GIRARD AVE N BROOKLYN CENTER MN 55430 -1145 1 212118000002 GEORGE C NUGUAY S Y 66.04 30.00 96.04 2511921320046 7107 FREMONT AVE N BROOKLYN CENTER MN 55430 -1140 212140000203 GREG LARSON S Y 210.90 30.00 240.90 2511921320087 7136 FREMONT AVE N BROOKLYN CENTER MN 55430 -1141 212154000506 HOWARD CALVIN S Y 63.74 30.00 93.74 2511921330035 7006 FREMONT AVE N BROOKLYN CENTER MN 55430 -1139 212154000506 MARY CALVIN 2 Y 2511921330035 7006 FREMONT AVE N BROOKLYN CENTER MN 55430 -1139 212165000206 DAVID FIEDLER S Y 242.21 30.00 272.21 2511921320088 7049 EMERSON AVE N BROOKLYN CENTER MN 55430 -1106 212246010404 STEPHEN DUBOIS S Y 159.04 30.00 189.04 2511921310095 1013 73RD AVE N BROOKLYN CENTER MN 55444 -2650 212268000803 DONALD R HEATH S Y 322.82 30.00 352.82 2511921310011 824 WOODBINE LA BROOKLYN CENTER MN 55430 -1220 212337010402 RICK THOMAS S Y 193.53 30.00 223.53 3611921210117 707 69TH AVE N BROOKLYN CENTER MN 55430 -1621 215066000503 L M CANNON - RATLIFF S Y 264.28 30.00 294.28 2511921420029 7226 DALLAS RD BROOKLYN CENTER MN 55430 -1316 0 0 0 CURRENT CERTIOATION REPORT 18 -MAR -1999 (09:03) #ge 9 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID --------------------------- ------- - - - - -- ------------------------------------------------------------------------------------------- 215115000601 R R ANDERSON S Y 76.85 30.00 106.85 2511921410019 7113 WILLOW LA N BROOKLYN CENTER MN 55430 -1343 215502000701 HARLOW HUBER S N 202.65 30.00 232.65 3611921120009 6854 WEST RIVER RD BROOKLYN CENTER MN 55430 -1326 215502000701 DAVID WAGTSKJOLD 0 Y 3611921120009 5804 AYRSHIRE BLVD EDINA MN 55436 -2027 215906000904 KENNETH R KING S Y 104.23 30.00 134.23 3611921210049 6713 COLFAX AVE N BROOKLYN CENTER MN 55430 -1515 215913000006 JOVETTE HANKINS S Y 314.48 30.00 344.48 3611921210116 6811 COLFAX AVE N BROOKLYN CENTER MN 55430 -1517 215930000904 DOUGLAS MOORE S Y 259.30 30.00 289.30 3611921210056 6724 DUPONT AVE N BROOKLYN CENTER MN 55430 -1520 215942000504 WESLEY DEFREITAS S Y 132.49 30.00 162.49 3611921240038 6600 DUPONT AVE N BROOKLYN CENTER MN 55430 -1808 ,216017040904 CAROL BRAND S Y 190.45 30.00 220.45 3611921220113 1315 67TH LN N BROOKLYN CENTER MN 55430 -1587 216017060709 ANDRE WADE S Y 255.53 30.00 285.53 3611921220115 1323 67TH LN N BROOKLYN CENTER MN 55430 -1587 216017100105 LUANNE ANDERSON S Y 187.10 30.00 217.10 3611921220119 1339 67TH LN N BROOKLYN CENTER MN 55430 -1587 216018060603 THOMAS J PICKETT S Y 147.05 30.00 177.05 3611921220095 1325 68TH LN N BROOKLYN CENTER MN 55430 -1586 216018230510 JEAN GARCIA S Y 255.30 30.00 285.30 3611921220055 1300 68TH LN N BROOKLYN CENTER MN 55430 -1584 216019100903 MARCUS MAYS S Y 184.81 30.00 214.81 3611921220077 6804 FREMONT PL N BROOKLYN CENTER MN 55430 -1590 CURRENT CERTIFICATION REPORT 18 -MAR -1999 (09:03) page 10 of 22 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN - CHARGE ASSESSED -AMT PID ----------------------------------------4------------------------------------------------------------ 216024020203 MORNINGSUN INVESTMEN TS S N 61.85 30.00 91.85 3511921110020 6761 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1533 216024020203 MORNINGSUN INVESTMEN TS B Y 3511921110020 17799 300 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 216092010003 ELIJAH ABRON S Y 163.47 30.00 193.47 3611921210083 6701 ALDRICH AVE N BROOKLYN CENTER MN 55430 -1625 216101000002 TIMOTHY FRANKLIN S Y 278.48 30.00 308.48 3611921210079 6718 BRYANT AVE N BROOKLYN CENTER MN 55430 -1512 301769000303 SUSAN GRANDA S Y 229.81 30.00 259.81 3311921430021 6142 SCOTT AVE N BROOKLYN CENTER MN 55429 -2356 301800000403 KENNETH R LUKE S Y 85.47 30.00 115.47 3311921440033 6113 QUAIL AVE N BROOKLYN CENTER MN 55429 -2347 301897000802 JEFFREY TONE S Y 158.59 30.00 188.59 3311921130068 5300 HOWE LA BROOKLYN CENTER MN 55429 -1632 302010000802 PAUL MCCORMICK S Y 185.02 30.00 215.02 3311921130031 5119 WINCHESTER LA BROOKLYN CENTER MN 55429 -1640 302026000002 MRS TIM ASLESON S Y 207.80 30.00 237.80 3311921130047 5224 65TH AVE N BROOKLYN CENTER MN 55429 -2013 302064000303 VINCENT BRUNNER S N 94.18 30.00 124.18 3311921410080 6301 PERRY AVE N BROOKLYN CENTER MN 55429 -2061 302075000001 MICHAEL /LIND KURZ S Y 74.47 30.00 104.47 3311921420004 6306 SCOTT AVE N BROOKLYN CENTER MN 55429 -2033 302103000602 KENNETH PETRIE S Y 213.79 30.00 243.79 13311921410120 6345 QUAIL AVE N BROOKLYN CENTER MN 55429 -2065 302188000403 BEVERLY KILLEBREW S Y 120.77 30.00 150.77 X3311921420079 5318 ELEANOR LA BROOKLYN CENTER MN 55429 -2023 CURRENT CERT*TION REPORT 0 18 -MAR -1999 (09:03) 11 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ----------------------------------- -----1 ------------------------------------------------------------------------------------------- 302201000703 ABED WAZWAZ S Y 204.73 30.00 234.73 3311921420115 6318 UNITY AVE N BROOKLYN CENTER MN 55429 -2039 302222000205 GARY LOFTUS S Y 269.46 30.00 299.46 3311921410131 6300 PERRY AVE N BROOKLYN CENTER MN 55429 -2062 302260000501 RONALD RICHARD S Y 148.54 30.00 178.54 3311921410016 6342 ORCHARD AVE N BROOKLYN CENTER MN 55429 -2058 302274000902 M SPRINGSTEEN S N 47.19 30.00 77.19 3311921410006 6413 NOBLE AVE N BROOKLYN CENTER MN 55429 -2055 302274000902 DHUD % PHAM EXPRESS 0 Y 3311921410006 401 WEST 79TH ST BLOOMINGTON MN 55420 302295000403 JON L HUDLOW S Y 215.12 30.00 245.12 3411921320019 6431 MAJOR AVE N BROOKLYN CENTER MN 55429 -2134 302300000702 JAMES CAPLES S Y 212.93 30.00 242.93 3411921320024 6401 MAJOR AVE N BROOKLYN CENTER MN 55429 -2134 302336000504 MICHAEL MEDINA S Y 270.29 30.00 300.29 3411921320055 4521 KATHRENE DR BROOKLYN CENTER MN 55429 -2152 302336000504 DAWN MEDINA 2 Y 3411921320055 4521 KATHRENE DR BROOKLYN CENTER MN 55429 302422000004 RANDAL GEROLD S Y 99.44 30.00 129.44 3411921330047 6231 LEE AVE N BROOKLYN CENTER MN 55429 -2477 302563000902 VICKY PETERSON S Y 200.12 30.00 230.12 3411921320119 6418 LEE AVE N BROOKLYN CENTER MN 55429 -2133 302613000906 LLOYD POINTER S Y 168.06 30.00 198.06 3411921330020 6230 KYLE AVE N BROOKLYN CENTER MN 55429 -2473 302719000206 GABRIEL SAYEE S Y 657.14 30.00 687.14 3411921340017 6121 FRANCE AVE N BROOKLYN CENTER MN 55429 -4042 CURRENT CERTIFICATION REPORT 18 -MAR -1999 (09:03) page 12 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ----------------------------------------- f ----------------- -------------------------------------------------------------------------- 302802000002 ROBERT BOLDEN S Y 124.53 30.00 154.53 3411921340115 4201 63RD AVE N BROOKLYN CENTER MN 55429 -2144 302803000904 MIKE STODDARD S Y 206.59 30.00 236.59 3411921340114 4207 63RD AVE N BROOKLYN CENTER MN 55429 -2144 302881000405 QUENTIN MCDERMID S Y 144.60 30.00 174.60 3411921230062 4400 65TH AVE N BROOKLYN CENTER MN 55429 -2110 302918000102 MARK HENKELS S Y 164.35 30.00 194.35 3411921230054 4319 WINCHESTER LA BROOKLYN CENTER MN 55429 -1721 302940000304 MICHAEL WASTE S Y 112.41 30.00 142.41 3411921230046 4400 WINCHESTER LA BROOKLYN CENTER MN 55429 -1724 303066000907 MAURICE ANDERSON S Y 172.89 30.00 202.89 3411921130037 6527 DREW AVE N BROOKLYN CENTER MN 55429 -1846 303116000902 STEVE CAMPBELL S Y 228.37 30.00 258.37 3411921130062 6531 BEARD AVE N BROOKLYN CENTER MN 55429 -1827 303118000706 JANIS SALO S Y 72.82 30.00 102.82 3411921130060 6543 BEARD AVE N BROOKLYN CENTER MN 55429 -1827 303119000602 MARLENE KIMKER S Y 166.61 30.00 196.61 3411921130012 3400 66TH AVE N BROOKLYN CENTER MN 55429 -1810 303144000504 EDITH ZEAH S Y 68.50 30.00 98.50 3411921310004 6349 HALIFAX DR BROOKLYN CENTER MN 55429 -2118 303182000801 M DONALD BLOM S Y 111.55 30.00 141.55 3411921420007 6301 BROOKLYN BLVD BROOKLYN CENTER MN 55429 -2173 408635010705 PATRICIA BENNIS S Y 76.67 30.00 106.67 0211821140106 5720 LOGAN AVE N BROOKLYN CENTER MN 55430 -2612 408653000501 GLORIA KOTTKE S Y 258.89 30.00 288.89 0211821140009 5721 KNOX AVE N BROOKLYN CENTER MN 55430 -2609 CURRENT CERTIOTION REPORT 0 18 -MAR -1999 (09:03) * 13 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID -----------------------------------------!---------------------------------------------------- ---- --- - - - - -- ------------------------ 408710000603 JAY ROUNSVILLE S Y 206.83 30.00 236.83 0211821140058 5737 IRVING AVE N BROOKLYN CENTER MN 55430 -2641 408710000603 JENNIFER ROUNSVILLE 2 Y 0211821140058 5737 IRVING AVE N BROOKLYN CENTER MN 55430 -2641 408756000101 CAROLYN MARTIN S Y 98.90 30.00 128.90 0111821230086 5754 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -2636 408785000602 RAY WARREN S Y 230.03 30.00 260.03 0111821220073 6026 GIRARD AVE N BROOKLYN CENTER MN 55430 -2634 408881000901 RADDERMARKER S Y 291.83 30.00 321.83 3611921330001 6218 LILAC DR N BROOKLYN CENTER MN 55430 -2249 408923000904 ANDREW YOUNG JR S Y 281.17 30.00 311.17 0111821230017 5715 EMERSON AVE N BROOKLYN CENTER MN 55430 -2656 409002000104 JOSEPH SPINDLER S N 107.42 30.00 137.42 0111821240055 5740 DUPONT AVE N BROOKLYN CENTER MN 55430 -2762 409002000104 DION PROPERTIES B Y 0111821240055 4088 TOLEDO AVE S ST LOUIS PARK MN 55416 -2903 409127000104 MARY KOSKI S Y 179.23 30.00 209.23 3611921340049 6225 BRYANT AVE N BROOKLYN CENTER MN 55430 -2216 409176000101 JANET JOHNSON S Y 211.51 30.00 241.51 0111821240062 5700 BRYANT AVE N BROOKLYN CENTER MN 55430 -2758 409194000906 SAMUAL GATES S Y 180.27 30.00 210.27 0111821210040 5916 BRYANT AVE N BROOKLYN CENTER MN 55430 -2724 409209000202 BILL KOLBE S Y 186.99 30.00 216.99 3611921340012 6114 BRYANT AVE N BROOKLYN CENTER MN 55430 -2215 409211000803 MARGIE KILEN S Y 141.98 30.00 171.98 3611921340014 6130 BRYANT AVE N BROOKLYN CENTER MN 55430 -2215 CURRENT CERTIFICATION REPORT 18 -MAR -1999 (09:Q3) page 14 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID -----------------------------------------c------------------------------ ------------------------------------------------------------ 409391000002 DEBBIE WYNN S Y 244.23 30.00 274.23 3611921430025 506 61ST AVE N BROOKLYN CENTER MN 55430 -2202 409429000604 DAVID REYES S Y 230.93 30.00 260.93 0111821130045 5700 CAMDEN AVE N BROOKLYN CENTER MN 55430 -2728 409989000802 AUDREY HEAVENS S Y 171.75 30.00 201.75 3611921310032 1001 65TH AVE N BROOKLYN CENTER MN 55430 -1812 410015000401 GLADYS TERRY S Y 418.66 30.00 448.66 3611921310022 6435 BRYANT AVE N BROOKLYN CENTER MN 55430 -1802 1503203000804 CAROL F CICHOCKI S Y 181.52 30.00 211.52 3411921140048 3300 66TH AVE N BROOKLYN CENTER MN 55429 -1808 ( '503234000105 DAVID GLAUVITZ S Y 199.90 30.00 229.90 3411921140071 3300 QUARLES RD BROOKLYN CENTER MN 55429 -2254 503251000903 JD &JW JOHNSON S Y 80.72 30.00 110.72 3411921140084 3025 QUARLES RD BROOKLYN CENTER MN 55429 -2247 503352000702 BRET NORDSTROM S Y 120.55 30.00 150.55 3411921410082 3013 OHENRY RD BROOKLYN CENTER MN 55429 -2220 503434000906 DALE CERNOHLAVEK S Y 108.87 30.00 138.87 3511921320082 2700 OHENRY RD BROOKLYN CENTER MN 55430 -2040 503445000606 JAMES MEIER S Y 215.84 30.00 245.84 3511921320062 2801 64TH AVE N BROOKLYN CENTER MN 55430 -2010 503482000005 MICHAEL MAGEL S Y 235.59 30.00 265.59 3511921320030 2813 65TH AVE N BROOKLYN CENTER MN 55430 -2018 ( 503591000805 ORETTA MOORE S Y 125.09 30.00 155.09 3411921430036 3507 62ND AVE N BROOKLYN CENTER MN 55429 -2622 1503593000604 KAREN SCHMIDT S Y 84.33 30.00 114.33 3411921430030 6200 BROOKLYN BLVD BROOKLYN CENTER MN 55429 -4034 • • 0 CURRENT CERTATION REPORT 18 -MAR -1999 (09:03) 0 15 of 22 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN - CHARGE ASSESSED -AMT PID -----------------------------------------/------------------------------------------------------------------------------------------ 503613000204 DENISE MOE S Y 198.30 30.00 228.30 3411921440041 6213 XERXES AVE N BROOKLYN CENTER MN 55430 -2047 503699000901 THELBERT WILKERSON S Y 247.36 30.00 277.36 3411921440006 3107 63RD AVE N BROOKLYN CENTER MN 55429 -2203 503855000902 MELVYN PEGUES S Y 205.78 30.00 235.78 0211821220070 5912 UPTON AVE N BROOKLYN CENTER MN 55430 -2302 503912000002 JOSEPH JONES S Y 217.59 30.00 247.59 0211821220018 5943 WASHBURN AVE N BROOKLYN CENTER MN 55430 -2307 503929000107 ROBERTA JOHNSON S Y 171.66 30.00 201.66 0211821230009 5836 XERXES AVE N BROOKLYN CENTER MN 55430 -2456 503940000602 TERESA KNIGHT S Y 135.77 30.00 165.77 0311821110111 5949 XERXES AVE N BROOKLYN CENTER MN 55430 -2311 503996000901 PAMELA ARNESON S Y 208.86 30.00 238.86 0311821110083 5901 ZENITH AVE N BROOKLYN CENTER MN 55429 -2646 504139000503 DEREK E MONROE S Y 198.22 30.00 228.22 0311821120068 3612 COMMODORE DR BROOKLYN CENTER MN 55429 -2506 504172000302 SHARON MILLER S Y 746.06 30.00 776.06 0311821240081 3806 58TH AVE N BROOKLYN CENTER MN 55429 -3005 504266000003 JUANITA WILLIAMS S Y 366.53 30.00 396.53 0311821130002 5833 EWING AVE N BROOKLYN CENTER MN 55429 -2511 504300000803 RALPH GUIMONT S Y 227.35 30.00 257.35 0311821210062 5903 HALIFAX PL BROOKLYN CENTER MN 55429 -2437 504393000603 DAVID WRIGHT S Y 349.00 30.00 379.00 0311821220014 6012 KYLE AVE N BROOKLYN CENTER MN 55429 -2469 504485000503 DOUGLAS STANO S Y 215.17 30.00 245.17 0311821240043 3813 FRANCE PL BROOKLYN CENTER MN 55429 -3045 CURRENT CERTIFICATION REPORT 18 -MAR -1999 (09:03) page 16 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ---------------------------------------- i ------------------------------------------------------------------------------------------- 504642000504 STEVEN R FORCE S Y 303.69 30.00 333.69 0311821430036 5336 SAILOR LA BROOKLYN CENTER MN 55429 -3320 504927020904 GERALDINE POLK S Y 264.80 30.00 294.80 0311821230030 5811 SHORES DR BROOKLYN CENTER MN 55429 -2414 505012000402 SUMMERCHASE APTS S N 284.78 30.00 314.78 0211821230015 2802 NORTHWAY DR BROOKLYN CENTER MN 55430 -2457 505012000402 SUMMERCHASE APTS B Y 0211821230015 2900 NORTHWAY DR. BROOKLYN CENTER MN 55430 -2405 505013000302 SUMMERCHASE APTS S N 110.30 30.00 140.30 2810 NORTHWAY DR BROOKLYN CENTER MN 55430 -2459 505013000302 SUMMERCHASE APTS B Y 2900 NORTHWAY DR. BROOKLYN CENTER MN 55430 -2405 505014000202 SUMMERCHASE APTS S N 123.56 30.00 153.56 2818 NORTHWAY DR BROOKLYN CENTER MN 55430 -2461 505014000202 SUMMERCHASE APTS B Y 2900 NORTHWAY DR. BROOKLYN CENTER MN 55430 -2405 505015000102 SUMMERCHASE APTS S N 111.10 30.00 141.10 2834 NORTHWAY DR BROOKLYN CENTER MN 55430 -2464 505015000102 SUMMERCHASE APTS B Y 2900 NORTHWAY DR. BROOKLYN CENTER MN 55430 -2405 505016000002 SUMMERCHASE APTS S N 115.37 30.00 145.37 2826 NORTHWAY DR BROOKLYN CENTER MN 55430 -2463 505016000002 SUMMERCHASE APTS B Y 2900 NORTHWAY DR. BROOKLYN CENTER MN 55430 -2405 505017000902 SUMMERCHASE APTS S N 109.50 30.00 139.50 2904 NORTHWAY DR BROOKLYN CENTER MN 55430 -2473 • • CURRENT CERTIOTION REPORT 0 18 -MAR -1999 (09:03) poe 17 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID -------------------------------------- -- 4 -- --- - -- ----------------------------------------------------------------------------------- 505017000902 SUMMERCHASE APTS B Y 109.50 30.00 139.50 2900 NORTHWAY DR. BROOKLYN CENTER MN 55430 -2405 505018000802 SUMMERCHASE APTS S N 105.67 30.00 135.67 2908 NORTHWAY DR BROOKLYN CENTER MN 55430 -2474 505018000802 SUMMERCHASE APTS B Y 2900 NORTHWAY DR. BROOKLYN CENTER MN 55430 -2405 505019000702 SUMMERCHASE APTS S N 101.84 30.00 131.84 2924 NORTHWAY DR BROOKLYN CENTER MN 55430 -2479 505019000702 SUMMERCHASE APTS B Y 2900 NORTHWAY DR. BROOKLYN CENTER MN 55430 -2405 505020000402 SUMMERCHASE APTS S N 111.37 30.00 141.37 2916 NORTHWAY DR BROOKLYN CENTER MN 55430 -2477 505020000402 SUMMERCHASE APTS B Y 2900 NORTHWAY DR. BROOKLYN CENTER MN 55430 -2405 505021000302 SUMMERCHASE APTS S N 115.28 30.00 145.28 0211821230015 2932 NORTHWAY DR BROOKLYN CENTER MN 55430 -2482 505021000302 SUMMERCHASE APTS B Y 0211821230015 2900 NORTHWAY DR. BROOKLYN CENTER MN 55430 -2405 606041000501 C BLANCHETTE S Y 185.24 30.00 215.24 1011821320049 4821 TWIN LAKE AVE BROOKLYN CENTER MN 55429 -3811 606390000203 MARS AUTO S Y 165.78 30.00 195.78 1011821130069 4900 FRANCE AVE N BROOKLYN CENTER MN 55429 -3917 606395010602 R & M AUTOMOTIVE S Y 378.18 30.00 408.18 1011821130064 3721 50TH AVE N BROOKLYN CENTER MN 55429 -3912 606414000402 L SETHER S Y 160.44 30.00 190.44 1011821120055 5100 DREW AVE N BROOKLYN CENTER MN 55429 -3334 CURRENT CERTIFICATION REPORT 18 -MAR -1999 (09:03) page 18 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ---------------------- - ------ -- ---- --- -- - I---- - ------------------------------------------------------------------------------------- 606495000607 WILLIAM KRIER S Y 260.65 30.00 290.65 1011821120073 5125 EWING AVE N BROOKLYN CENTER MN 55429 -3337 606545000611 CYNTHIA SANDERS S Y 169.84 30.00 199.84 1011821210017 5214 GREAT VIEW AVE BROOKLYN CENTER MN 55429 -3346 606564000205 RICHARD BEATTIE S N 255.07 30.00 285.07 1011821210033 5256 TWIN LAKE BLVD E BROOKLYN CENTER MN 55429 -3353 606564000205 SCOTT FRENZEL O Y 1011821210033 404 3RD AVE N #400 MPLS MN 55401 -1706 606722000103 KAREN RODRIGUEZ S Y 166.32 30.00 196.32 1011821210068 5107 FRANCE AVE N BROOKLYN CENTER MN 55429 -3341 606941000602 ROBERT WASHAM S Y 208.89 30.00 238.89 1011821140016 4929 BROOKLYN BLVD BROOKLYN CENTER MN 55429 -3405 607115000402 PAUL T VANG S Y 77.54 30.00 107.54 0211821340048 5311 QUEEN AVE N BROOKLYN CENTER MN 55430 -2945 607120000702 TOUSAINT WALKER S Y 174.44 30.00 204.44 0211821340043 5307 PENN AVE N BROOKLYN CENTER MN 55430 -2941 607160010704 SHEELA NESS S Y 346.90 30.00 376.90 0211821340055 5336 RUSSELL AVE N BROOKLYN CENTER MN 55430 -2950 607160010704 PAULETTE S THIBAULT C Y 0211821340055 1745 LEELAND CT BALSAM LAKE WI 54810 -7227 607194000804 GEORGIA NESTEBY S Y 87.56 30.00 117.56 0211821430126 5401 OLIVER AVE N BROOKLYN CENTER MN 55430 -3032 607231000304 LAWRENCE HECK S Y 212.33 30.00 242.33 0211821430028 5306 OLIVER AVE N BROOKLYN CENTER MN 55430 -3031 607311000602 LISA L KREITZ S Y 161.01 30.00 191.01 0211821440026 5412 LOGAN AVE N BROOKLYN CENTER MN 55430 -3023 • 0 is CURRENT CERTI TION REPORT 18 -MAR -1999 (09:03) 19 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN - CHARGE ASSESSED -AMT PID -----------------------------------------/------------------------------------------------------------------------------------------- 607326000906 DAVE COMER S Y 186.51 30.00 216.51 0211821440067 5311 KNOX AVE N BROOKLYN CENTER MN 55430 -3057 607330000303 MELANIE MOORE S Y 387.62 30.00 417.62 0211821440006 5331 KNOX AVE N BROOKLYN CENTER MN 55430 -3057 607368000802 SCOTT VINCENT S Y 106.16 30.00 136.16 0211821440097 5345 JAMES AVE N BROOKLYN CENTER MN 55430 -3049 607368000802 RHONDA VINCENT 2 Y 0211821440097 5345 JAMES AVE N BROOKLYN CENTER MN 55430 607429000504 BRIAN WALKER S Y 87.84 30.00 117.84 0211821440040 5312 IRVING AVE N BROOKLYN CENTER MN 55430 -3048 607437000502 LINDA MITCHELL S Y 179.49 30.00 209.49 0211821440037 5325 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3137 607439000303 DEAN BUNN S Y 166.07 30.00 196.07 ,0211821440114 5339 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3137 1607467000804 ROBERT MIKULAK S Y 187.20 30.00 217.20 0211821410016 5624 IRVING AVE N BROOKLYN CENTER MN 55430 -3075 I 607512000301 GLYNN MERRIEWETHER S Y 173.44 30.00 203.44 0211821410104 5525 JAMES AVE N BROOKLYN CENTER MN 55430 -3053 607513000207 DANIEL SINN S Y 192.76 30.00 222.76 0211821410103 5533 JAMES AVE N BROOKLYN CENTER MN 55430 -3053 607535000604 ALAN CANEFF S Y 198.07 30.00 228.07 0211821410113 5540 KNOX AVE N BROOKLYN CENTER MN 55430 -3062 607548000108 MARK BROWN S Y 157.44 30.00 187.44 0211821410084 5557 KNOX AVE N BROOKLYN CENTER MN 55430 -3061 607562000202 DANIELLE K HANLY S Y 120.64 30.00 150.64 0211821410078 5618 LOGAN AVE N BROOKLYN CENTER MN 55430 -3068 CURRENT CERTIFICATION REPORT 18 -MAR -1999 (09:03) page 20 of 22 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ----t------------------------------------------------------------------------------------ 607630000003 JODI CUSTER S Y 204.26 30.00 234.26 0211821420027 5525 MORGAN AVE N BROOKLYN CENTER MN 55430 -2929 607670000101 JASON CUNNINGHAM S Y 261.85 30.00 291.85 0211821310019 2406 ERICON DR BROOKLYN CENTER MN 55430 -2920 607670000101 ERIN CUNNINGHAM 2 Y 0211821310019 2406 ERICON DR BROOKLYN CENTER MN 55430 -2920 607675000602 KEVIN SMITH S Y 275.02 30.00 305.02 0211821310036 2306 ERICON DR BROOKLYN CENTER MN 55430 -2918 607687000202 MARK OSTEEN S Y 185.21 30.00 215.21 0211821420097 2012 ERICON DR BROOKLYN CENTER MN 55430 -2912 607701000401 KATHRYN ENDICOTT S Y 86.40 30.00 116.40 0211821420088 5518 JUDY LA BROOKLYN CENTER MN 55430 -2924 607718000504 MATTHEW HAWTON S Y 196.21 30.00 226.21 0211821310008 2307 BROOKVIEW DR BROOKLYN CENTER MN 55430 -2909 607718000504 AMY HAWTON 2 Y 0211821310008 2307 BROOKVIEW DR BROOKLYN CENTER MN 55430 607748000901 ALBERT WILLIAMS S Y 80.72 30.00 110.72 0111821320047 5650 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3176 607770010906 PAUL WINTERS S Y 156.39 30.00 186.39 0111821320053 5539 GIRARD AVE N BROOKLYN CENTER MN 55430 -3167 607791000505 MARK MATYIEWICZ S N 174.08 30.00 204.08 0111821320037 5548 GIRARD AVE N BROOKLYN CENTER MN 55430 -3168 607791000505 DENNIS SAFE 0 Y 0111821320037 7401 GLEASON RD EDINA MN 55439 -2557 607995000902 LOLA I NELSEN S Y 130.42 30.00 160.42 0111821310081 5540 DUPONT AVE N BROOKLYN CENTER MN 55430 -3152 0 • • CURRENT CERTI * TION REPORT • 18 -MAR -1999 (09:03) 0 21 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID -----------------------------------------t------------------------------------------------------------------------------------------ 608011000702 KATHLEEN HUNTER S Y 85.61 30.00 115.61 0111821310027 5615 COLFAX AVE N BROOKLYN CENTER MN 55430 -3149 608039000505 MARK KAMMERER S Y 165.72 30.00 195.72 0111821310052 5541 BRYANT AVE N BROOKLYN CENTER MN 55430 -3143 608049000303 LISA KRUPP S Y 129.19 30.00 159.19 0111821310097 5638 BRYANT AVE N BROOKLYN CENTER MN 55430 -3146 608063000401 MYRA SWENNES S Y 176.98 30.00 206.98 0111821310149 800 55TH AVE N BROOKLYN CENTER MN 55430 -3110 608067000007 JEFFREY MORRISON S Y 192.98 30.00 222.98 0111821310105 5513 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3246 608098000304 THOMAS W STORIE S Y 192.51 30.00 222.51 0111821310110 5607 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3203 608100000902 THOMAS CHAPMAN S Y 140.22 30.00 170.22 0111821310108 5621 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3203 608254000304 CHARLES WALL S Y 149.27 30.00 179.27 0111821430080 5334 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3206 608258000906 KYMBERLI BERG S Y 328.85 30.00 358.85 0111821430084 5400 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3245 608322000103 MICHAEL SCHMAEDKA S Y 98.77 30.00 128.77 0111821340057 5405 BRYANT AVE N BROOKLYN CENTER MN 55430 -3114 608331000002 SHERITTA SCROGGINS S Y 179.49 30.00 209.49 0111821340078 5305 BRYANT AVE N BROOKLYN CENTER MN 55430 -3112 608344000504 CINDY GRANQUIST S Y 190.18 30.00 220.18 0111821340061 5406 COLFAX AVE N BROOKLYN CENTER MN 55430 -3124 608358000805 M & D MOEN JR S Y 71.25 30.00 101.25 0111821340110 5439 COLFAX AVE N BROOKLYN CENTER MN 55430 -3123 CURRENT CERTIFICATION REPORT 18 -MAR -1999 (09:03) page 22 of 22 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID -----------------------------------------t------------------------------------------------------------------------------------------- 608362000203 JAMES PLOHOCKY S Y 176.18 30.00 206.18 0111821340104 5357 COLFAX AVE N BROOKLYN CENTER MN 55430 -3121 608375000702 PAUL DORNFELD S Y 148.79 30.00 178.79 0111821340089 5310 DUPONT AVE N BROOKLYN CENTER MN 55430 -3126 608412000201 ROGER KLINGENSMITH S Y 170.92 30.00 200.92 0111821330147 5302 EMERSON AVE N BROOKLYN CENTER MN 55430 -3130 608473000802 JIM MACK S Y 697.83 30.00 727.83 0111821330034 5427 FREMONT AVE N BROOKLYN CENTER MN 55430 -3159 608499000803 JUSTIN BRANDVOLD S Y 116.59 30.00 146.59 0111821330044 5404 GIRARD AVE N BROOKLYN CENTER MN 55430 -3166 608519000402 JOSEPH GROVES S Y 153.03 30.00 183.03 0111821330023 5337 GIRARD AVE N BROOKLYN CENTER MN 55430 -3135 608520000105 ALISON WALK S Y 105.19 30.00 135.19 0111821330022 5333 GIRARD AVE N BROOKLYN CENTER MN 55430 -3135 236C 44283.01* 7080.00* 51363.01* City Council Agenda Item No. 8a • • MEMO To: Michael J. McCauley, City Manager �} ` From: Ronald A. Warren Planning nd Zoning S ecialist (mot tit J g g P Subject: City Council Consideration Item - Planning Commission Application No. 99002 Date: March 17, 1999 On the March 22, 1999 City Council Agenda is Planning Commission Application No. 99002 submitted by Brookdale Corner, LLC (John Johannson) requesting Site and Building Plan Approval to redevelop the property at the southwest corner of Xerxes Avenue North and County Road 10 with a Cub Foods Store and three other commercial buildings. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 99002 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, 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 March 11, 1999 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Application Filed On 2 -25 -99 City Council Action Should Be Taken By 4 -26 -99 (60 Days) Planning Commission Information Sheet Application No. 99002 Applicant: Brookdale Corner, LLC Location: Southwest Corner of Xerxes Avenue North and County Road 10 Request: Site and Building Plan Approval The applicant, John Johannson, on behalf Brookdale Corner LLC, is seeking site and building e southwesterly corner of the intersection of plan approval to redevelop the roe located at th so p Pp p property rtY Y Xerxes Avenue North and County Road 10. The property in question is zoned C -2 (Commerce) and is bounded on the north by County Road 10 and an office building located at the corner of County Road 10 and Brooklyn Boulevard; on the east by Xerxes Avenue with the Brookdale Shopping Center on the opposite side of the street; on the south by Baker's Square, 56th Avenue North and the Marquette Bank property; and on the west by Brooklyn Boulevard. The applicant's plan calls for the demolition of the existing Westbrook Mall and Dayton's Home Store buildings on the site and the construction of four new buildings totaling 96,275 sq. ft. Two . existing buildings, Hirshfield's (12,170 sq. ft.) and an office retail building (7,715 sq. ft.) containing a credit union will remain. Of the four new buildings proposed for the site, the largest will be 68,850 sq. ft. to be occupied by Cub Foods. It will be located on the southwesterly portion of the site. The three other buildings, for which only conceptual approval is to be considered at this time, are composed of a 14,550 sq. ft. retail building labeled "retail A" which would be located northerly of, and parallel to, Hirshfield's; a 10,500 sq. ft. retail building, labeled "retail B" located at the northwest corner of the site; and a 3,325 sq. ft. building labeled "fast food" which would be located near the main entrance to the site off County Road 10. Conceptual approval only comprehends the location and square footage of these buildings. When details, such as building elevations, materials and a user in the case of the fast food building, which will require a special use permit, are prepared these matters will need to be brought back before the Planning Commission and City Council for review and approval. The layout of the Cub Store proposes a 40 ft. building setback from the Brooklyn Boulevard right -of -way and the layout of retail building B proposes a 35 ft. setback from the County Road 10 and Xerxes Avenue rights -of -way. These streets are all classified as major thoroughfares and building setbacks off major thoroughfares are 50 ft. per Section 35 -400 of the zoning ordinance. The applicant, under Planning Commission Application No. 99003, is seeking a variance from the major thoroughfare setback requirements and is requesting that the typical 35 ft. building setback be allowed for these buildings. The primary justification for this request is that similar variances have recently been granted by the City. We will take up this request separately when IS we consider the companion Application No. 99003. 3 -11 -99 Page 1 . ACCESS/PARKING Access to the site is to be provided at four locations, one each on County Road 10, Xerxes Avenue, 56th Avenue and Brooklyn Boulevard. The Xerxes Avenue and 56th Avenue accesses will remain unchanged. The access on County Road '10 will remain in the same general location but will be modified to be widened to provide a concrete delineator separating in and out traffic. A right turn in lane will be created and accommodated at this location as well. The applicant has presented a plan to and received approval from Hennepin County to provide a left turn in median break at this location also. A new right turn lane from east bound County Road 10 to south bound Xerxes Avenue will also be part of the roadway improvements that the applicant will be responsible for. This will require the relocation of the six foot sidewalk in this location. An existing access on Brooklyn Boulevard currently serving Westbrook Mall will be closed and relocated to the southwest corner of the site. This is also a right-in/right-out access that will primarily serve the loading area for the Cub Store. It must remain open to satisfy an existing cross access agreement between Westbrook and the Marquette Bank, which has access to the site. The plans submitted show 637 parking spaces for the complex. A new parking configuration is to be provided that calls for 90 degree parking stalls throughout the complex. The parking area around the existing buildings will also be modified to provide 90 degree parking rather than the existing angle parking. New concrete delineators are to be provided to define the new layout. B -612 curb and gutter will be provided around the driving and parking areas. The required 15 ft. greenstrips are also provided around the site. The plan calls for concrete delineation to define the main driving lane from County Road 10 through the center of the site. This drive lane will be 30 ft. in width. The amount of parking spaces provided on the plan is two short of the required 639 parking spaces based on 5.5 parking spaces per 1,000 sq. ft. of gross floor area (the plan shows 5.49 spaces per 1,000 sq. ft. of gross floor area). There is the ability to provide these two additional parking spaces on site should they be needed. This would be in the area where concrete delineation is generous. Therefore, we believe the required parking ratio is met. As a note of interest, we would recommend that the entire square footage for the complex be used in allowing u-p to 15 percent of the gross floor area to be utilized in restaurant space without requiring additional parking based on the restaurant parking formula which calls for parking based on seats and employees (up to 17,416.5 sq. ft. could be devoted to restaurant space). Cart storage will be inside the building. A depressed curb will be located in front of the building by the main entrance and exit to allow grocery carts to be pushed into the parking lot (similar feature as Rainbow's). There will be collection points for carts in the parking lot (not shown on the plan). However, carts are to be regularly collected and brought into the building. 3 -11 -99 Page 2 As mentioned previously, there is a right- in/right -out access to the site from Brooklyn Boulevard. This will primarily serve as an access for service and delivery vehicles to the rear of the building. Loading docks are located in two locations on the south side of the building and in one location on the west side of the building. We believe it is important to provide screening of the dock locations and recommend that masonry walls, matching the building exterior, be provided for loading docks and trash compactor areas. The pattern for delivery vehicles will be, for the most part, counter clockwise around the building. The drive lane next to the westerly loading dock is too narrow to provide for two way traffic. Signing will be necessary to indicate one way traffic in this area. It is also recommended that signs be established to discourage customer traffic in this area as well. GRADING/DRAINAGE/ JTILITIES The applicant has provided a grading, drainage and utility plan which is being reviewed by the City Engineer. He has provided us with a memo dated February 22, 1999, with his comments with respect to the plans submitted thus far. He notes that the basic layout of the grading plan and utility plan appear to work. There are existing utilities on the site and the applicant is proposing to take as much advantage of this fact as they can. New storm sewer will need to be constructed in the parking lot north of the Cub Foods site as well as in the new parking lot between buildings A, B and the fast food site. Additional storm sewer will need to be constructed along the south portion of the Cub building in the loading area. All of this will tie into existing storm sewer located between the existing Hirshfield's and the other retail building on Xerxes. Some existing storm sewer in the east parking lot will remain and be tied into new storm sewer. Portions of the existing sanitary sewer and water lines will need to be abandoned while the applicant proposed to utilize some of the existing services. A new water line connecting into Xerxes Avenue will be constructed north of retail building A and the Cub building and will loop around the Cub building and will tie into the existing water line south of the Hirshfield's building. New sanitary sewer will be installed to serve the fast food building, retail building B and retail building A which will tie into existing sanitary sewer on the site. The Cub building will tie directly into existing sanitary sewer located to the east of the building. The site is 12.859 acres and is subject to Shingle Creek Watershed Management Commission review and approval. This area is serviced by the recently constructed Shingle Creek Regional Pond and no on -site water retention is required. However, the Watershed Commission still must review the details relating to storm water management: LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This 12.859 acres site requires 812 landscape points. The applicant's is 3 -I1 -99 Page 3 proposal is to retain as much existing landscaping as possible and to supplement this with new landscaping. The landscape plan is generous and provides 1,768 points, 800 of which would be in shade or over story trees, 372 points in evergreen or coniferous trees, 81 points in ornamental trees and 515 points in shrubs. The landscaping is spread out evenly over the area with shade trees and ornamental trees along with coniferous trees and shrubs along the County Road 10 greenstrip as well as the Xerxes Avenue greenstrip. Island areas and concrete delineators denoting driveways also contain shade trees and shrubs and in some locations, coniferous and decorative trees as well. Of particular interest is the landscaping proposed for Brooklyn Boulevard near the newly relocated entrance. A grouping of four shade trees and four evergreen trees are located in this area along with a number of shrubs. The grade differential in this area requires the applicants to install a retaining wall all along the greenstrip adjacent to Brooklyn Boulevard. A gap of landscaping exists next to the parking lot, the reason being the location of existing sidewalk on an easement in this area as well as the need for the retaining wall. As mentioned previously, we are concerned with screening of the loading dock and trash facilities at the rear and to the west of the building. We have recommended the extension of screen walls, in material matching the proposed building walls to screen out truck docks as well as trash compactors. This is a sensitive area because of our concern for aesthetics along the Brooklyn Boulevard corridor. The'types of shade trees listed in the planting list, and which would be located around the site, include Common Hackberry, Swamp White Oak, Summit Ash and Northwood Red Maple. Decorative trees include River Birch, Allegheny Serviceberry, Snowdrift Crab, Red Splendor Crab and Japanese Tree Lilac. Coniferous trees include Black Hills Spruce, Austrian Pine and Colorado Green Spruce. Shrubs will be Bush Honeysuckle, Anthony Waterer Spirea, Nearly Wild Rose, Red Twigged Dogwood, Compact American Cranberry Bush Viburnum, Carefree Beauty Rose and Red Sprite Winterberry. Underground irrigation is required in all landscape areas to facilitate site maintenance. BUILDING The only building exteriors being provided at this time are for the Cub Store. As mentioned previously, only conceptual approval is being granted at this time for the three other buildings rioted on the plan as "retail A ", "retail B" and "fast food ". The building exterior for the Cub building is primarily a Concrete Masonry Unit (CMU) which is an integral, pre - finished decorative block. The building is highlighted at the main entrance area with an E.I.F.S. (Exterior Insulated Foam System) as a decorative area by the canopy and other decorative locations along the front wall. The color is the color standard for most Cub stores, which is generally a tan and brown finish, the E.I.F.S. will be a reddish burgundy color. LIGHTING /TRASH 3 -11 -99 Page 4 The applicant has submitted a lighting plan indicating compliance with city ordinances. It shows foot candles which do not exceed the standards outlined within the ordinance. The plan calls for 18 double light fixtures on a 40 ft. high pole at various locations around the parking lot. Two single mounted lights are located on 30 ft. high poles to the rear of the Cub building. The light fixture is a cutoff shoebox type fixture which will direct light primarily down onto the site. As always, our concern is that lighting on the site not exceed the standards contained in the zoning ordinance or create glare off -site. It appears that the lighting plan provided is acceptable. The applicant's plan shows the location of trash compactors in the loading areas to the rear of the building. As mentioned previously, these facilities should be screened from view using a masonry screening device to match the existing building. RECOMMENDATION Altogether the plans appear to be in other. As mentioned, the applicant has requested a variance from the major thoroughfare setback requirements which is the subject of Application No. 99003. Any approval of this application should coincide with recommendations for the variance or modifications to the plan indicating compliance with setback requirements. Approval is subject to at lease the following conditions: 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 permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 5. The buildings 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 landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 3 -11 -99 Page 5 8. B -612 curb and gutter shall br provided around all parking and driving areas with the exception of the front entrance area where this may be waived to assist grocery cart maneuverability. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the city Engineering Department. 12. Storm water drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 14. The final plat approved by the City Council combining this site into a single lot shall be filed with Hennepin County prior to the issuance of building permits. 15. Construction and relocation of driveways along County Road 10 and Brooklyn Boulevard are subject to the issuance of driveway permits from Hennepin County. 16. The cost for roadway improvements including median breaks, relocated driveways and turn lanes shall be born by the applicant. 17. Approval of this application is contingent upon the granting of Variances from the 50' major thoroughfare setback comprehended by Planning Commission Application No. 99003. 3 -11 -99 Page 6 FA UFA 11011111 NEW RIGHT TURN LANE wowoo 0 0 d AND TRANSITION TAPER cr F ----------- ---------- C�Q NTY-R D-1 ----------- -------------------------- cr Z 0- NE LEFF TURN LANE W N AND TRANSITION TAPER ON PROPOSED 6' WALK (T, RELOCATED DUE 70 TURN LANES /c -1 S.--w 40 24 (K ­112 (&41 ­10- �0 Sup _q tv " � 2� 7,>,, 4,9 CLOSE E ISTING RIGHT IN < RIGHT-OUT ACCESS (nz /21 x L _ xo� Ld Ld A-Z NEW RELOCATED RIGHT-IN -OUT ACCESS RIGHT f C) ­ - - ------ . ..... - - ----- Ljw n �: iz Z ' o GRAPHJIC SCAM 98337 T C 8337SPPIO.Q 2-25-59 12.53.43 p- c ST w RB nwr. ed....7 r1B59 WbRW ProM1U,md Suh.a . r.' 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COHniAC[OR SHALL KR.lY ME 4K AS -9ulT COn51RUGMN P1.N15 TO L1K0t �` O fd \C ` -M ��(N ivoou •<. LOCAnON ANO WWYAL TYPE N {` __ ALL SIq U SEWER PWC GRAPHIC SCALE 9 LL qC CUSS S W ESS OII Rw3E NOR0. �N�� T r 98337 HE CONMCTO0. SH WTAGT •GOPHR STATE WE CALL FORA P`I FM UWW LOUTOIIS Patli TO Unt1TY B]]]UIPI U.p 2 -2_-93 12.3W9J pn CSi TREE DETAIL SHRUB DETAIL ----------- -------- - --- -- - CQlIAl1Y RA4D_ap Z q EVERGREEN DETAIL PLANTING NOTES — \ bte xl« • , a a pool meluWa ine «mlu . � (_,-. \ b \ � • f W ' a O...r isa' ml ]•w a N,W y.dYga Py,sc.mml pml melwWe eW Pew � — T : �° \ \ y nmle ae s, Yela.e " aw elan «. w]]] pmdng w «wea —' / I J p! — � � / �. o' / • ? (g ay } Id = i a.:.` » „d,, , .. , � , d r. } .wa .a .n n.,. «•.. ” «.... (.a..,. bll«„ .l .�.> "� % , � • // - / i / i 4 ud.Yg p ru. w Inns uan q rot pu,Y enw . >.ar. \ a q ' m, " "_a�.. „•„_...W, tea �. a.,,.m. 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Y a«wYq Yt Existing \ s - Exist. / \ N / j� ��I F t Mapla Spruce \ eo,wntw as emld.l wan+ able 'a. epr (wa -qao]) ld wlry ma «pound ulutY Inwwna , ' ' \ _ ��' X Q . ad PLANTING LIST prs. xn kq Y°, k� a°r Qtr Q 7 REQUIRED PLANTINGS s.,rit ° �w' u:a '�`°,,.; n q..:af ] e j // \ r/ 2 4 '� / Q/ � er y z.. a. knw awan.l,]• p , t� ea (o«w) okrs m°.°m """ // ~ // 4'J i w� Y a anl.na« cmnNw.. •a W sq.wo; y (a n) ea�o I;a�. 0 � lu) ka 1 Md P a• �Wa Ne«ly of 'e.nu Y wl.« i���•` � ���// / , ' \ ocvu r. u w "° o o-'a m w /u•••• wY "" .n�.n .+n ,nee�.w c.ma.." �vm GRAPHIC SCAU d :n 98337 ` m is o'tr. a�] N /dwtiaca�4 Y w ooa n cwi _ _ l . w n g9l]iLa4d.g 223-99 2te rb pn CTY --------------- a - - - - - -- - - - - - - - - -- - -- - - - - - - - _j pq V L ------ i 0 ----------- i 1-7 U-3" rr lt I �D- --------------- ------ --- ------ -- rn T O > I il CUB FOODS PRMJMINARY BP=MVW 8M & CO RD 10 BROOKLYN CENTER, MN NOTFOR CONSTRUCTION FLCOR PLAN OF ° I rl III V o > J� � -(�✓w• � � I � S �,NrvU � _ ACINP4MHP/AMYi �ff''''•']y'� _ -_ -_- _ - - -_ - -_ d - -- - -- - -� - - -� - - - - - -- - - - -- ----------------------- �- Gr�^,� ----------- - - - - -- IOIf.AaY litvAtOV -_ - - - - /^ PTEiy °'gyp AMU�1Ni� srl l►� AT L, - �� - ---- ------ '11 •---- .,�_ -! 1s11 Bhl.11 BEYAIYYI ICTS CA00Py BAs � (TYP) C't CA s z 1�»cn FIEVAfd1 - F— 0 � V - 7 /1 �, #of �Y�. 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IYAx .. �QOO� I.i `J' • ., 1. � ppp . . ii ,.11 t.,1 .a , .,W L,nl t.i, .11 1 e I, �1] 1. [])11";� ). i�t .. 1 .)11.11 1. {. •' ,,, ,.;. , 1.L a. .p . . -. —.;, ,.. .N ,.;,.a �s.;<.i.a _ , {.. mr, _ — _ 1 1♦ •. 1. t/ 1 4 r1,) ,.. t l.;l .;q- 1�r,Lj.;a { -- {.i1 -_ • TD) ,.IT . . ,.., 4/ • i .( IWY p .,1 `. '' 1 .i, ,�` .' )..t ,.$) 1n,T. TT.I] r-vrw- ,.1 - z — Ln , t..,- . 1 t.,i t.0 . n • n {. . u . )o . ).. n r. -al.. a � f ' %I, { I /.ti a AKI0.1 l.a • ..), -. • ..jr a . a'PYI;) k. • .;. _ ) , � H,]• — j � - • - .�` . - 1 1. , t • I RETAIL 1 4550 ;l ,.0 )J{ Ina tn1 l:;1 l ... LIl f.;1 1.11 611 1.11 1.I1 611 6U 1.a t. U '•... °'EXIS HIRSHF:, f.i, 1. 12.170 a.., , i.i1 i.n i.n 1- 1.11 i.:1 SUPERMARKET 66.850 S.F. in, ,.• 1m f.1 1.11 ,.11 sn1 ie, r.i1 c ie,•i, e. , 5 6 CMA 17i W{,� 1)�, .. LLl e• .Ia t - i.0 ,.•l 1.1, ,.0 Y.H Id 1. .• i. fJf �.b• o L ' " t•;. ., 1 i. ' i.; , 1. is L:a i.i , ).i1 t.n r i.;, i.i . I "... a;, .... i 5 x Q W • .., .,N �.1 ;t ;l ..:, ,.11 >.., ,.,. Lat ]N �.., L;a ).11 1. 1 1.; ' l.:t t ,. , ). .,] ,.;I Q V U PKI PK2 O J u- p PK: ca p ZD BANK V m bs nl 4 ALTA /AGSM'LAND. TI,TLE`SURVEY •� N - ------------- 'lsO Nvt° 0.0;y,rty - -:.:: -- --_; - ��' -__ --r �`� _ Le 0 1 o rl ,ry 'r a s 1 Gr d =_ =1 ry f l: }_'���� ��i)� �• \i� (��_'- �\ •_,._:- [0..'x•1; I - - = �' .� 1 f p I � • i j'. t I l e 57Tri i �,� +� /'. rF— +.': { Fi 1 �, vrcrNrrr u.a CC Ld ":' 1� ! �_ _ -�� "� ____ _ "� i• _ l e r ..: T $(j T•� -;rte :. �} +...:+ir •-a: ••�- :�»a"��..: *' ...n......— ' � r. � � N` �a�a o / Af'� "R.w,ne a%'I ^'o°.N e% wn•�. v - WELSH COMPANIES : �� % _,.. i, II I'. . , W.M.- u..:L.w�•*•- •`r.,'+ 1 MEMORANDUM DATE: February 22, 1999 TO: Ron Warren, Planning and Zoning Specialist FROM: Scott Brink, City Engineer SUBJECT: Cub Foods Plan Review (Brooklyn Boulevard at County Road 10) I have reviewed a set of plans submitted for the proposed Cub Foods site at Brooklyn Boulevard and County Road 10. While much of the grading and utility information is incomplete at this time, I can offer the following comments: Traffic /Access The plan essentially appears to be in conformance with the requirements of Hennepin County as we discussed and reviewed with them last year. A required left turn lane in the County Road 10 median and an additional right turn lane are shown. Hennepin County will require a permit, and probably additional design information as well. The amount of median space available to construct a left turn lane along with available stacking distance needs to be verified further. Assuming Council approval of the development, the City would handle permits with Hennepin County. Improvements to the County Roadways would be performed by the City(approved by the County) and assessed to Cub. Since benefit may be hard to prove for other properties, it appears likely that Cub would foot most of, if not all of the costs. Traffic in and out of the site from Brooklyn Boulevard will be limited to a right -in right out m,Qvement. A single entrance from Brooklyn Boulevard is shown on the proposed plan. Access arquette Bank is also maintained by this driveway in accordance with a previous agreement. It is presumed that trucks(semis) will be able to enter the site from Brooklyn Boulevard, but will not exit that way - they would have to proceed east behind the building, then south to 56th and back out to Brooklyn Boulevard. This point is a potential traffic problem area. The natural tendency for customers leaving Cub and wishing to go north on Brooklyn Boulevard will be to go to the west side of the site and find the driveway out to Brooklyn Boulevard, located near the rear of the store. Attempts should be made to discourage this and try to get people to leave via Xerxes or 56th. Signing, landscaping, and other means would be utilized to try to encourage this. Good signing from 56th Avenue would also help. The proposed drive width along the side /rear of the store(25 feet) is not wide enough to accomodate two way traffic, should that happen. With that in mind, widening of the driveway from 56th Avenue from the existing 27.5 feet should be considered. 2 It is presumed that efforts are continuing to negotiate purchase of the comer property. If acquired, this would also allow some added flexibility in tapering to the right turn lane from the free right turn (NB Brooklyn Boulevard to County Road 10). Sidewalk easements currently exist along the Brooklyn Boulevard Right of Way and will need to be maintained. However, additional sidewalk easement along County Road 10 will need to be dedicated to provide for sidewalk relocation as a result of the added right turn lane. An additional 9 feet of Right Away has already been dedicated on the plat to provide for the right turn lane. However, another 10 feet of sidewalk easement should also be provided. Utilities The basic layout of the grading plan and utilities appears that it will work. It is expected that essential design information such as pipe sizes, invert elevations, etc. will later be provided and confirm sufficient service and operation. I will be able to offer additional comments regarding utilities at that time. Fire hydrant locations to be reviewed by the Fire Chief. Of note, some existing storm sewer on the east side of the site may possibly be utilized rather than some of the new construction proposed (between Retail A and the Supermarket). This of course would depend on the size and condition of the existing pipe, and the actual design flow requirements. Other Concrete curb and gutter will be required for paved areas, including around parking lot islands. Encroachment of the proposed retaining wall along Brooklyn Bouelevard into the existing sidewalk easement should be minimized since Brooklyn Boulevard is identified on Hennepin County's Comprehensive Trail Plan. A Subdivision Agreement and Maintenance and Utility Agreement will be required. City Council Agenda Item No. 8b • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren Planning nd Zoning S e alisEi t ?C t g g P � Subject: City Council Consideration Item - Planning Commission Application No. 99003 Date: March 17, 1999 On the March 22, 1999 City Council Agenda is Planning Commission Application No. 99003 submitted by Brookdale Corner, LLC (John Johannson) requesting a Variance from Section 35 -400 to allow building setbacks of less than 50 ft. along major thoroughfares. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 99003 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 g the Planning Commission at their March 11, 1999 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application based on the Planning Commission's recommendation. Application Filed On 2 -25 -99 City Council Action Should Be Taken By 4 -26 -99 (60 Days) Planning Commission Information Sheet Application No. 99003 Applicant: Brookdale Corner, LLC Location: Southwest Corner of Xerxes Avenue North and County Road 10 Request: Variance The applicant, John Johannson, on behalf of Brookdale Corner, LLC, is seeking a variance from Section 35 -400 of the city ordinances which requires a 50 ft. setback for buildings located along a major thoroughfare. Application No. 99002 comprehends site and building plan approval for the redevelopment of the existing Westbrook Mall and Dayton's Home Store properties which includes the demolition of these buildings and the construction of a Cub Foods Store and other retail and convenience food spaces. The proposed variance would allow the construction of a corner of the Cub Foods building at a setback less than 50 ft. from a major thoroughfare (40 ft.) and also the construction of a new retail building at the corner of Xerxes Avenue and County Road 10 at a 35 ft. setback from each of these roadways which are both major thoroughfares. Thirty-five feet is the standard front yard setback for buildings along a non -major thoroughfare. • One of the reasons for proposing the 40 ft. building setback on Brooklyn Boulevard and the 35 ft. setback at the Xerxes /County Road 10 location is that this allows a more efficient utilization of this redevelopment site. Another factor leading to the setback variance request is two Brooklyn Boulevard studies undertaken by the City over the past few years which have provided various recommendations as to ways to encourage improved redevelopment along Brooklyn Boulevard. One study was the Brooklyn Boulevard Redevelopment Study of 1993 and the other is the Brooklyn Boulevard Streetscape Amenities Study of 1994. Both of these studies recommended that the City allow non - residential buildings in the Brooklyn Boulevard corridor to be built closer to the street than the current required building setback. One study even favored the city establishing a specific building setback line closer than the current required setback that would be required for all buildings in order to provide enclosure and a continuous public facade. The amenities study, which was not quite as rigid, recommended locating non- residential buildings, or parts of non- residential buildings, close to the edge of the street right -of -way and to increase the land intensity in the Brooklyn Boulevard corridor. Building setbacks not separated from the street by parking should be landscaped. The study also recommended the increase of land densities in the Brooklyn Boulevard corridor and encouraged higher density developments which are located closer to the street. • 3 -11 -99 Page 1 • We have contemplated and will be pursuing an overlay ordinance that will incorporate a number of these Brooklyn Boulevard recommendations and it is likely that the non - residential setbacks may be completely eliminated. In effect, what is being requested in this application is an interim variance with respect to Brooklyn Boulevard setbacks until these regulations are adopted. The building at the Xerxes /County Road 10 intersection is in keeping with other recommendations of the Brooklyn Boulevard study which encourage landscaping between the building and the street right -of -way by allowing these buildings to be closer to the right -of -way rather than having parking bays and drive lanes around buildings. It should be noted that the Brookdale redevelopment plan comprehends allowing freestanding buildings along Xerxes Avenue and County Road 10 to be as close to the right -of -way as 35 feet to assist in the redevelopment of Brookdale. That application was, however, a Planned Unit Development which allows the City greater flexibility in dealing with redevelopment issues than perhaps a non - Planned Unit Development proposal. Precedent has been established in allowing up to a 35 ft. building setback along the Brooklyn Boulevard right -of -way with the approval of a variance for the fire station at the corner of 63rd and Brooklyn Boulevard. It may well be appropriate to consider eliminating the extraordinary major thoroughfare setback for commercial and/or industrial buildings located along any major thoroughfare such as Xerxes Avenue and County Road 10. Variances can be granted by the City Council upon a determination that the standards for • variance are met. Interim variances have been granted in anticipation of changing requirements. There is always concern with any variance that an undesirable precedent will be set. The only precedent set by the granting of the variance in question would be to allow non - residential buildings to have a 35 ft. setback rather than a 50 ft. setback along all major thoroughfares. Precedent for allowing a 35 ft. setback along the Brooklyn Boulevard right -of -way is already established. The variance standards refer to physical surroundings, shape or topographical conditions creating a particular hardship as opposed to a mere inconvenience if the strict letter of the regulations were carried out. Standard B refers to variances being unique to a parcel of land and not common generally to other properties within the same zoning classification. Standard C requires that the alleged hardship be related to the requirements of the ordinance and not created by persons presently or formally having an interest in the parcel of land. And finally, Standard D requires that a variance not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The applicant has submitted written comments as to how they believe their proposal meets the standards for variance contained in the city ordinances. They note, with respect to Standard A, that the site is surrounded on three sides by major thoroughfares. They note that this unique physical surrounding requires them to have 50 ft. building setbacks off of each of these right -of- ways. They also note that the variance request is consistent with recent variances granted, one • 3 -11 -99 Page 2 • for the fire station on Brooklyn Boulevard and another that is under consideration for Brookdale on Xerxes and on County Road 10. We have already cited the precedent established for non - residential buildings having a building setback less than 50 feet off of a major thoroughfare with the fire department approval. Although, the Brookdale situation is part of a Planned Unit Development, its impact on the Xerxes Avenue right -of -way and County Road 10 is comparable to the impact of the applicant's proposal for a building setback 35 ft. from the same roads. It should also be noted that there is a property line jog along Brooklyn Boulevard where the applicants are requesting the 40 ft., rather than 50 ft. building setback. It is this jog which really causes the applicants setback problem and from a visual consideration the setback encroachment will not even be noticeable. With respect to Standard B the applicant notes that other parcels or projects in this same zoning classification are routinely granted or being considered for this proposed type variance. They add that the 35 ft. front yard setback is the normal setback for this zoning classification when the parcel is not adjacent to a major thoroughfare. I would not say that variances are routinely granted, however, one was granted for the fire department and consideration for a change in the major thoroughfare setback requirement for commercial buildings certainly is being considered and, will in all likelihood, be adopted. The leap is to whether or not the non -major thoroughfare setback should be established for • commercial buildings along other major thoroughfares besides Brooklyn Boulevard. It is, in the staff s opinion, acceptable to establish such a change which would allow commercial buildings to have non -major thoroughfare setbacks along major thoroughfares. With respect to Standard C, the applicant notes that the variances relate solely to the existing zoning ordinance requirements and not to any persons having an interest in the property. They note their understanding that this setback requirement is being considered for revision due to similar variances already granted. This is true but again this would require the Commission to accept the idea that the non -major thoroughfare setback should be applied to all major thoroughfares. With respect to Standard D, the applicant notes that adjacent or surrounding properties are primarily similar commercial uses. They point out that some single family property exists along the west side of Brooklyn Boulevard and that landscaping or other screening is appropriate and will provide the property with necessary screening and avoid any potential detriment to the public welfare or adjacent land uses.. We would concur that with appropriate site design, screening and landscaping the impact of the encroachment of the Cub Foods Store building on the Brooklyn Boulevard setback would be minimal. As pointed out before, because of the jog in the property line, the setback encroachment of 10 ft. will really be unnoticeable. Also, we do not believe that building setbacks of 35 ft. along County Road 10 and Xerxes Avenue North will have a detrimental effect • 3 -11 -99 Page 3 r • on surrounding properties or uses. In fact with the Brookdale redevelopment, there will be buildings with a 35 ft. building setback off Xerxes and County Road 10. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent. RECOMMENDATION It is recommended that the Planning Commission recommended approval of the variance request to allow a setback of 40 ft. rather than 50 ft. along a major thoroughfare for the Cub Foods Store located along Brooklyn Boulevard and to allow a 35 ft. building setback rather than the 50 ft. setback for the retail building located at the corner of Xerxes and County Road 10 on the basis of it being consistent with the recommendations of the Brooklyn Boulevard studies which would allow non - residential buildings to be located closer to the street right -of -way along the Brooklyn Boulevard right -of -way and that this principle can be established for other major thoroughfares as well. Furthermore, the standards for variance particularly with respect to hardship and not being detrimental to the public welfare or injurious to other land or improvements in the neighborhood are met as well. 3 -11 -99 Page 4 Hill W&V ' •► • s _ � !• �� � /© iii `� ■ • III I � - , i 11 ��►�� ,I MM Xwi NOR ON I ---------- MEMORANDUM E17599 Anagram Drive ❑ 104 Marty Drive, #3 Eden Prairie, MN 55344 Buffalo, MN 55313 612- 937 -5150 612 -682 -2587 FAX 612- 937 -5822 FAX 612 -682 -2639 To: Ron Warren Planning and Zoning Specialist City of Brooklyn Center From: Greg Kopischke Date: February 25, 1999 Re: Brookdale Corner Southwest corner of County Road 10 and Xerxes Avenue Ref. 98337 Request for: Front yard setback variance from 50 feet to 35 feet. The Brookdale Corner project is proposing to redevelop the existing Westbrook Mall and Dayton's Home Store parcels. This project has already received Preliminary Plat and Final Plat approvals from the City. The project proposes to demolish the existing mall building and home store. New construction will include a Cub Food Grocery, convenience foods and retail space totaling 96,275± sq. ft. Two smaller existing retail /office buildings totaling 19,885± sq. ft. (including Hirshfields) located in the southeast corner of the site will be retained. The variance request must meet the following qualifications: (A) Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. Response: The site is surrounded on three (3) sides by major thoroughfares (Brooklyn Boulevard, Co. Rd. 10 and Xerxes Avenue). Because of that unique physical surrounding, the site is required to have a 50 foot front yard setback per the current zoning ordinance. The variance request to a 35 foot setback is consistent with recent variances granted (City fire station on Brooklyn Boulevard) or under consideration (Applebees on Xerxes Avenue) by the City. Ron Warren City of Brooklyn Center • February 25, 1999 . Page 2 (B) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. Response: Other parcels or projects in this zoning classification are routinely granted or being considered for this proposed variance. The 35 foot front yard setback is the normal setback for this zoning classification when the parcel is not adjacent to a thoroughfare. (C) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having a interest in the parcel of land. Response: The variance is related solely to the existing zoning ordinance requirements and not by any persons having interest (past or present) in the property. We understand this setback requirement of the ordinance is being considered for revision due to similar variances already anted and being considered. Y9 9 (D) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. Response: Adjacent or surrounding parcels are primarily similar commercial uses. Some • single family exists west across Brooklyn Boulevard. Landscaping or other screening as appropriate will be provided around the project boundary so as to avoid any potential detriment to the public welfare or adjacent land uses. STANDARDS AND PROCEDURES FOR ZONING ORDINANCE VARIANCES CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY • Anyone contemplating a request for a variance from the Zoning Ordinance should consult with the Planning staff, prior to submitting an Application to the Board of Adjustments and Appeals, for the purposes of familiarization with applicable ordinance standards and evaluation of the particular circumstances. A prospective applicant will provide documents and information, as requested by the Secretary, to the Board of Adjustments and Appeals or to the City Council. An application must be submitted fourteen (14) days prior to the regular meeting of the Board. In instances where the strict enforcement of the literal provisions of this zoning ordinance would cause undue hardship because of circumstances unique and distinctive to an individual property under consideration, the City Council will have the power to grant variances, in keeping with the spirit and intent of this ordinance. The provisions of this ordinance, considered in conjunction with the unique and distinctive circumstances affecting the property, must be the proximate cause of the hardship; circumstances caused by the property owner or his predecessor in title will not constitute sufficient justification to grant a variance. The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Board will not recommend and the City Council will in no case permit as a variance any use at is not permitted under this ordinance in the district where the affected person's land is located. A ariance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: (A) Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. (B) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. (C) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. (D) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The Board of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in the grantin of variances so as to insure compliance with the provisions of this ordinance g P p and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties. 0 opies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Community Development Department, at (612) 569 -3330. Standards and Procedures for Zoning ordinance Variances Revised 2 -95 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 MEETING MARCH 11, 1999 CALL TO ORDER The Planning Commission met in a regular session called to order by Chair Pro Tern Boeck at 7:32 p.m. ROLL CALL Chair Pro Tern Graydon Boeck, 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, Planning Commission Recording Secretary Deb Hawkinson. 'Chair Willson and Commissioner Reem were absent and were excused. APPROVAL OF MINUTES — FEBRUARY 25, 1999 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to approve the minutes of the November 12, 1998 meeting with the following corrections. Commissioner Erdmann stated that on page 10, first paragraph, he also discussed the Brooklyn Boulevard Streetscape Study and the Fire Station as setting precedents for a lesser setback. The motion passed unanimously. CHAIR'S EXPLANATION Chair Pro Tern 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. 99002 AND 99003 (BROOKDALE CORNER. LLC) Chair Pro Tem Boeck introduced Application No. 99002, a request for a building and site plan approval to redevelop the property at the southwest corner of Xerxes Avenue North and County Road 10 with a Cub Foods Store and three other commercial buildings and Application No. 99003, a request for a variance to allow building setbacks less than 50 ft. along major thoroughfares. Mr. Warren presented the staff report and used transparencies to describe the location of the C -2 zoned property located at the southwesterly corner of the intersection of Xerxes Avenue North • and County Road 10. The property is bounded on the north by County Road 10 and an office building located at the corner of County Road 10 and Brooklyn Boulevard; on the east by Xerxes 3 -11 -99 1 Avenue with the Brookdale Shopping Center on the opposite side of the street; on the south by Baker's Square, 56" Avenue North and the Marquette Bank property; and on the west by Brooklyn Boulevard. (See attached Planning Commission Application Information Sheets for Application Nos. 99002 and 99003 dated 3- 11 -99.) The applicants' plan calls for the demolition of the existing Westbrook Mall and Dayton's Home Store buildings on the site and the construction of four new buildings totaling 96,725 square feet. Two existing buildings, Hirshfield's (12,170 square feet) and an office retail building (7,715 square feet) containing a credit union will remain. Cub Foods Store will be the largest of the four new buildings at 68,850 square feet. The other three buildings are only in the concept stage, but on the site plan, "retail A" will be 14,550 square feet, "retail B" will be 10,500 square feet, and a 3, 325 square foot building labeled "fast food." When the details for these additional three buildings are prepared, the plans will be brought back to the Planning Commission and the City Council for approval. The layout of the Cub Foods Store proposes a 40 -foot building setback from Brooklyn Boulevard right -of -way and the layout of "retail B" proposes a 35 -foot setback from County Road 10 and Xerxes right -of -ways. Current ordinances require a 50 -foot setback from "major thoroughfares" which these three roads are considered. This issue is the subject of Application No. 99003. Access to this location will be in four locations, one from each of the roads along the boundaries of this site. The applicant has received approval from Hennepin County for changes made to turn lanes on County Road 10. The resulting relocation of an existing six -foot sidewalk is included in this plan. Sufficient parking spaces are designed in this plan. Service and delivery vehicles will primarily access the site from Brooklyn Boulevard. Loading docks are located on the south side of the building and in one location on the west side. The City believes it is important to provide screening of the dock locations and the trash compactor areas. The City Engineer has reviewed this plan and stated that the "basic layout of the grading plan and utility plan appear to work." A new storm sewer will need to be constructed in the parking lot north of the Cub Foods Store as well as in the parking lot between buildings A, B and the fast food site as well as along the south portion of Cub Foods in the loading area. These sewer additions will tie into an existing storm sewer located between the existing Hirshfield's and the other retail building located on Xerxes Avenue. This site plan will have to be, reviewed and approved by the Shingle Creek Watershed Management Commission for details relating to storm sewer management. Mr. Warren pointed out that additional landscaping for more dense screening has been discussed and agreed to than is shown on the maps. Types of plantings and irrigation are discussed in the Planning Commission Information Sheet for this application. Chair Pro Tern Boeck called for questions from the Commissioners. Chair Pro Tern Boeck stated that everything possible needed to be done to discourage and eliminate customer traffic on the southeast corner of this site by the loading and delivery areas. Mr. Warren stated that the entrance /access area to the bank needs to remain open to customer traffic and most likely cars will use this area when going between the two buildings. 3 -11 -99 2 Commissioner Rahn asked why the front of the store emphasized County Road 10 and Xerxes ® and not Brooklyn Boulevard. Mr. Johannson stated that this arrangement facilitates the traffic flow through the site better. The preference is not to have any access from Brooklyn Boulevard, however, the existing one will make for somewhat easy access. Chair Pro Tern Boeck asked if an attempt to acquire the access from the bank has been made. Mr. Warren stated that since it was a private road, this issue was not discussed. Commissioner Rahn asked if there were any other areas along Brooklyn Boulevard that needed screening, such as with the proposed retaining wall. Mr. Warren said no. Chair Pro Tem Boeck asked if handicapped curb would be used in response to condition #8 of the Staff recommendation. The applicant indicated that will be provided. Additionally, he asked how the six -foot space between the sidewalk and County Road 10 could accommodate landscaping. His concern is that the walkway may not be clear to walk on. Commissioner Rahn wanted to know which way the Fire Station faces that sits along Brooklyn Boulevard. Mr. Warren stated it faces 63` Avenue North. He raised this question in response to the "streetscapes" study. Commissioner Erdmann indicated, however, that there was an entrance and window of this Fire Station facing Brooklyn Boulevard. • PUBLIC HEARING - APPLICATION NO. 99002 and 99003 There was a motion by Commissioner Rahn, seconded by Commissioner Newman, to open the public hearing at 8:50 p.m. The motion passed unanimously. Chair Pro Tern Boeck called for comments from the applicant. Mr. John Johannson from the Welsh Companies, the applicant along with Mr. Bob Shadduck from Jerry's Enterprises, Mr. Lloyd Johnson from Super Value Stores, Inc., Mr. Craig Mevissen from Design Services Group, and Mr. Greg Kopischke from Westwood Professional Services were present to address questions and comments. Mr. Johannson presented the history of working on this project. This site has been difficult to develop. As a result a bankruptcy took lace and Welsh Companies obtained the properties. p p Y p p p p The number one issue for development is the access to the site. He has spent considerable time coming up with a compromise solution that will improve not only this site, but also, the Brookdale area as a whole. He has studied and looked at least 30 different scenarios with this developer. There is no really good side for the "back door." This direction has been chosen because of the natural grade of the land and the existing buildings that will remain. He briefly responded to Mr. Warren's comments to the site plan. There are three dock locations, one for dry foods (three docks), and one for fresh/frozeri produce and one for meat. They have a • fairly large "stacking" area for trucks waiting. 3 -11 -99 3 Chair Pro Tern Boeck commented about the concrete dividers for the loading areas. He also asked about placing signage regarding customer traffic in the back where the service entrance • will be for trucks. The County has given the access to the bank per an easement from road management earlier. This company cannot remove that easement nor put up signs to discourage or not allow customer traffic. The access belongs to the bank. Mr. Johannson spoke of plans to possibly acquire more land along this area, the old car wash converted to an office building at the corner of County Road 10 and Brooklyn Boulevard in particular. If this is obtained, the additional entrance will be closed off. He feels the trucks will get on and off the site in the most direct, shortest way possible. They have looked at screening extensively, and if the screening along the fresh/frozen dock is lengthened, then the retaining wall will be eliminated since they feel it won't be necessary. They have added screening to the compactor site. Screening along the other areas of loading docks will limit the turning radius for the trucks. The lighting has been upgraded from required and there is a custom floor plan to accommodate this site. They hope to move the truck traffic at Hirshfield's to between the two buildings so it won't be seen. They view the site in its entirety. Jerry's Foods is relocating their store and their employees to this new site. Their desire is to be the "Star." They have designed this building and site to higher than normal standards and exceeded minimums. They want to excel and be a "bright new friend," stated Mr. Johannson. Commissioner Erdmann asked if they were planning to plant some vines or such to soften the eight to ten foot retaining wall. Additional discussion took place regarding extending the produce loading dock wall and eliminating this wall or staying with a '/2 length retaining wall along the produce dock. Staff indicated a one -half length retaining wall along the produce dock would be fine, but recommended a ten -foot retaining wall along Brooklyn Boulevard for best screening. Commissioner Newman asked where the signs would be that said Cub Foods. Mr. Johannson stated they would be on the angled wall of Cub along Brooklyn Boulevard. Mr. Warren asked Mr. Johannson if there were any plans to do anything about the exteriors of the two buildings that would remain at this site. Mr. Johannson indicated that they are considering redoing the exterior of Hirshfield's if they get a long -term lease and can afford to do so. Attempts will be made to make the other new buildings complimentary, but it was tough with only a conceptual plan and no particulars as to what is moving in. He cited the York Avenue area around Southdale as one his company did and re -sided the mall to match the Cub they put in there. They have the same intent here. Mr. Warren commented that this had been a good team of people to be working with. He feels given the constraints they have done a good job laying out a proposed site plan. They have made the access to County Road 10 better. He feels the remaining outstanding issues are minor. He asked Mr. Johannson to come back to the Planning Commission when the new buildings are being planned. 3 -11 -99 4 CLOSE PUBLIC HEARING Since there were no more questions or comments, Commissioner Newman made a motion to • close the Public Hearing at 9:35 p.m. This motion was seconded by Commissioner Erdmann. The motion was passed unanimously. DISCUSSION The Commission was satisfied with the conditions recommended by Staff and the additional ones discussed during this meeting. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 99002 - JOHN JOHANNSON. BROOKDAI E CORNER. LLC - SITE AND BUILDING PLAN APPROVAL There was a motion by Commissioner Erdmann, and seconded by Commissioner Newman to recommend to the Council that it approve Application No. 99002, a request for approval of the site and building plan for Brookdale Corner, LLC subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to 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 permits to • assure the completion of the project. 4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 5. The buildings 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 landscaped areas to facilitate site maintenance. 7: Plan approval is exclusive of all signery which is subject to Chap ter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of the front entrance area where this may be waived to assist grocery cart maneuverability and handicap accessibility. 9. The applicant shall submit an as -built survey of the property, improvements, and utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and • inspection of utility and storm drainage systems prior to the issuance of permits. 3 -11 -99 5 11. The applicant shall provide appropriate erosion and sediment control devices on the site • during construction as approved by the City Engineering Department. 12. The storm water drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to issuance of permits. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 14. The final plat approved by the City Council combining this site into a single lot shall be filed with Hennepin County prior to issuance of building permits. 15. Construction and relocation of driveways along County Road 10 and Brooklyn Boulevard are subject to issuance of driveway permits from Hennepin County. 16. The cost for roadway improvements including median breaks, relocated driveways and turn lanes shall be born by the applicant. 17. Approval of this application is contingent upon the granting of variances from the 50 foot major thoroughfare setback comprehended by Planning Commission Application No. 99003 allowing a 40 foot setback from the southwest corner of the building and the Brooklyn Boulevard right -of -way and a 35 foot setback from "retail building B" and the rights -of -way on Xerxes Avenue North and County Road 10. S 18. Plans shall be modified to show: a. Masonry screen walls at the truck dock and trash areas. b. Vines to be planted along the retaining wall screening the site from Brooklyn Boulevard. Voting in favor: all. The motion passed unanimously. This recommendation of this application will come before the City Council for consideration at their March 22, 1999 regularly scheduled meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for reconsideration. ACTION RECOMMENDIN APPROVAL OF APPLICATION NO. 99003 - JOHN JOHANNSON. BR, OOKDALE CORNER, L 1,C — VA RIANCE REQUEST APPROVAL There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, recommend to the City Council that they approve Application No. 99003, request for a variance from Section 35 -400 to allow a 40 ft. building setback along Brooklyn Boulevard for the Cub Foods building and a 35 ft. building setback for a retail building located at the corner of Xerxes and County Road 10 on the basis of the following: 1. The variance is consistent with the recommendations of the Brooklyn Boulevard • Studies that recommend non - residential buildings be allowed to be built closer to the street right -of -way along Brooklyn Boulevard. 3 -11 -99 6 2. The above precedent can be established for other major thoroughfares. 3. The standards for variance particularly with respect to hardship and not being detrimental to the public welfare or injurious to other land or improvements in the neighborhood are met. The motion passed unanimously. This recommendation of this application will come before the City Council for consideration at their March 22, 1999 regularly scheduled meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for reconsideration. Chair Pro Tern Boeck suggested that the applicant come prepared with diagrams and exhibits to the City Council. OTHER BUSINESS /DISCUSSION ITEMS - None ADJOURNMENT There was a motion by Commissioner Erdmann, seconded by Commissioner Whitehead, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:45 p.m. • Chair Recorded and transcribed by: Deb Hawkinson Timesaver Off Site Secretarial, Inc. �i 3 -11 -99 7 City Council Agenda Item No. 9a 1 • I MEMO I To: Michael J. McCauley, City Manager , I From: Ronald A. Warren, Planning and Zoning Special Date: March 3, 1999 Subject: Ordinance Prohibiting the Parking of Certain Vehicles I You have requested me to provide you with background information relating to the adoption of Section 19 -103, Subdivision 12 of the city ordinances which prohibits the parking and storage of certain vehicles in residential areas within the city. This section of the ordinance was adopted on December 5, 1988, as Ordinance No. 88 -20 and became effective on June 1, 1989. The City Council adopted this ordinance after receiving citizen complaints and approximately two years of study and deliberation regarding the matter of allowing commercial vehicles to be parked in residential areas. It was part of an overall effort by the City Council that began in about June of 1987 to strengthen and maintain the residential character of the city's neighborhoods and prohibit conditions that were deemed to unreasonably annoy, injure or endanger the safety, health, comfort and repose of members of the public in these residential areas. Other nuisance regulations, such as Sections 19 -103 Subdivisions 13 and 14 were also adopted around this time for the same general reasons. This was a time of major concern on the part of the City Council of what seemed to be a general deterioration of the residential areas within the city and it was really the start of the code enforcement efforts that have expanded and are continuing today. The City Council, prior to adopting Section 19 -103, Subdivision 12, held a number of hearings on this matter. The original ordinance proposal to limit commercial vehicle size began in June, 1988. There was support as well as disagreement over the benefits of the prohibition involving the parking of trucks and commercial vehicles in residential areas. The Council reviewed a number of drafts of possible ordinance language dealing with this question. In fact, two homeowners that were truck drivers that had parked or stored their trucks at home appeared before the City Council to object to the ordinance noting the inconvenience such a prohibition would cause them. Another individual objected claiming the ordinance would put him out of his food delivery business. The City Council considered these opinions as well as other opinions • expressed at the various public hearings. After much deliberation, they adopted the current ordinance provision in December of 1988 and established June 1, 1989, as the effective date of Michael McCauley March 3, 1999 Page 2 the ordinance to give people who parked or stored prohibited vehicles that would be in violation of the newly adopted regulations an opportunity to make necessary arrangements to relocate these vehicles. Attached for our review are copies of City Council minutes relating to the consideration y p ty g of this ordinance amendment which may give some added insight into the Council's rationale for the adoption of those provisions at that time. The City Council even considered the possibility of allowing the parking of some commercial vehicles which may be associated with a home business. The possibility of establishing a special use permit for such activity was considered but was rejected after further review. It has since been standard for the City Council to establish a condition prohibiting the parking of vehicles which are in violation of the ordinances as part of any consideration of a home occupation. The enforcement of this ordinance began around July, 1989, with people in violation of the ordinance being sent letters giving them 30 days notice to comply or face receiving citations for misdemeanor violations. This has generally been the way the ordinance has been enforced since the time of its adoption. Compliance has been good; but has caused some inconvenience to people who have had to make various changes or other arrangements for the parking and storage of their vehicles. The ordinance was reaffirmed by the City Council in consideration of an appeal which was submitted in hopes of allowing the parking of a tow truck in a residential area. The City Council in 1991 denied this appeal and also found no compelling reason to amend the ordinance to provide the ability to park such vehicles within the city. It appears that the real question before the City Council is whether or not they wish to allow the parking of vehicles of this type or this size within residential areas within the city on a regular or routine basis. I believe it can be said that this ordinance provision has served the city well over the ears and has helped character of the city's neighborhoods. y 1p d to maintain the residential chara ty g this time. Councilmember Lhotka inquired how much money is taken in at the W bowling alley locations each month. Mr. Spies stated a r month is taken in during the bowling season. He added he believes the Lions ons Club would make approximately $2,000 off the Dudley Tournament sales. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the 12 hour sale of pull -tabs at the Dudley Tournament on a trial basis for the year 1988 and to waive the 30 day waiting period. Councilmember Lhotka stated he would like to amend the motion and to direct staff to review the past resolution pertaining to the other sale locations to make sure there would be no conflicts in approving this permit. Councilmember Theis and Councilmember Scott agreed to this amendment. Upon vote being taken on the foregoing motion and amendment, the motion passed with Councilmember Lhotka opposed. PROGRESS UPDATE -- REFUSE AND RECYCLING PROGRAM The City Manager stated basically what is needed this evening is an affirmation of the motion stating the consortium method as the City Council's first choice and the bidding method as the City's second choice. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott reaffirming the Council's choices as the consortium method and the bidding method. The motion passed unanimously. NUISANCE ORDINANCE AMENDMENTS, The City Manager noted the Council received rough drafts of proposed amendments to the nuisance ordinance and noted they were a discussion item this evening, but if the Council so wished they could be given a first reading also this evening. The Director of Planning and Inspection briefly went on to explain the amendments to each ordinance and noted staff is not recommending any type of grandfather clause. The Finance Director left the meeting at 10:08 p.m. The City Manager noted there would be a phase -in time allowing people a set amount of time to rectify the situation. Councilmember Theis stated he could not support some of the proposed amendments. Councilmember Lhotka stated he hopes the Council will not approve these ordinance amendments for a first reading tonight because he would like additional time to review the amendments. Councilmember Scott added she does not want to make a hurried decision on this matter either. There was a general consensus among Councilmembers that this item should be placed on the next City Council agenda as a discussion item. Councilmember Theis stated he would also like to see some examples of the more sensitive issues which the Council may be facing if these amendments are approved. DISCUSSION OF WATER USAGE AND WATER RESTRICTIONS The Director of Public Works stated the water use restrictions have been in . effect since May 24, 1988. He noted the City -wide ban is on lawn and garden 6 -13 -88 -11- He noted the ^ cost of the second study is part of the RFP, but he believes the " study will run between $20,000 and $25,000. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to submit the RFP to various consultants and instructing staff to return to the Council with a final recommendation for awarding the project. The motion passed unanimously. NUISANCE ORDINANCES _ The City Manager stated he believes staff has covered all the items with the Council which will have major impacts. He noted there is one part of the ordinance that he would like to suggest the Council give approval for a first reading on this evening. He stated this particular section would pertain to several problem areas of the City and would make many neighborhoods happy. He added this particular section is the section dealing with storage of commercial vehicles. He noted the Council could wait to have a much deeper review of the other ordinance sections because there is no time pressure. The City Manager noted the current ordinance allows one commercial vehicle up to 25 feet in length to be kept on residentially zoned property, providing it is used as transportation to and from work. He noted the proposed change to this ordinance would prohibit the parking of any vehicle in excess of 12,000 pounds gross weight. Councilmember Theis inquired if the vans discussed in the rug cleaning business at the last Council meeting would be acceptable. The City Manager responded affirmatively. Councilmember Lhotka stated when the Council reviews the other sections of the proposed ordinance changes, he would like to be able to go over them point by point. The City Manager stated he would plan on placing these ordinance amendments on an agenda that did not have many items. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and setting a public hearing date for Au i gust 8, 1988; at 7.30 p.m. The motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 11 Relating to Hours of Operation for a Bottle Club. He noted this ordinance was first read on June 13, 1988, published in the City's of newspaper on June 23, 1988, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 Relating to Hours of Operation for a Bottle Club and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Amending Chapter 11 Relating to Hours of Operation for a Bottle Club. The motion passed unanimously. 7 -11 -88 _5_ The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. He explained these ordinances go hand in hand and one cannot be adopted without the other. He noted both ordinances were first read on July 11, 1988, published in the City's official newspaper on July 21, 1988, and are offered this evening for a second reading. He noted the Council must pass or deny both ordinances. The Director of Planning and Inspection stated he has received a number of phone calls expressing both support and displeasure with the proposed amendments. Councilmember Lhotka stated he too has received some phone calls and noted he has a concern with the ordinance language which would require an individual who owns a semitrailer tractor and is on the road quite often to park this tractor someplace other than the owner's residence. He inquired if there is some way the wording can be changed in this ordinance to allow the owner to continue parking the tractor at his residence. The City Manager went on to explain the nature of one of the complaints received by staff. He noted there is an owner of a diesel vehicle who quite often allows his truck to run all night long during the winter months, and does all the work on this vehicle. He noted this owner installed lights in his yarc so he can work on it at all hours of the day or night. Councilmember Lhotka inquired if some of this complaint does not fall under the noise ordinance. The City Manager explained the staff has had no success in the court system in upholding the noise ordinance. Councilmember Theis inquired if the City is not attacking this problem in the wrong way. He noted it appears neighbors are complaining about the maintenance, noise, and lighting from the vehicles not the fact they are present. The City Manager noted staff has received both type of complaints. Councilmember Theis stated he would like to see staff address some other methods of controlling the noise and maintenance of these vehicles. The Director of Planning and Inspection pointed out most of the vehicles are involved with some type of home occupation. He noted, however, staff would have some difficulty in making a legal distinction. The EDA Coordinator entered the meeting at 8:05 p.m. The City Manager explained over one and one -half years ago the Council requested staff to develop some ordinance amendments 'which would address these problems. He noted in order to solve these problems everyone must be treated equally, and the ordinance must be kept fairly reasonable to allow for enforcement of it. Councilmember Scott stated she received two phone calls from retired people who own small farm type tractors and use these in the spring and fall to supplement their income. She noted under this ordiannce they would not be allowed to keep this equipment. Councilmember Hawes stated there is not only the question of where to park a semitrailer tractor but also where to leave the residential vehicle so the semidriver can get home with it. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and An Ordinance Amending Chapter 19 of the City Ordinances 8 -8 -88 _5_ by Declaring the Parking of Certain Vehicles in Residential Zoning District a _ Public Nuisance. He inquired if there was anyone present who wished to address the Council. Mayor Nyquist recognized Ordeen Peterson, 6343 Girard Avenue North. Mr. Peterson stated he is an over - the -road semidriver and parks the tractor in his driveway when he is home. He stated he has asked his neighbors if they have any complaints regarding him parking his tractor at his residence, and they have all stated they do not have a problem with it. He went on to note some of the problems that would occur if he had to find another place to park his tractor. He added he considers the tractor to be a combination of a commercial vehicle and a recreational vehicle because within his vehicle he has a bed, a television, and a refrigerator. Councilmember Lhotka inquired if Mr. Peterson does the maintenance on his vehicle. Mr. Peterson stated he does change the oil and other minor maintenance items. Councilmember Lhotka inquired if this ordinance does pass what Mr. Peterson will do. Mr. Peterson stated he would have to find a place to park his vehicle, as well as a place where he could change the oil and wash it. Mayor Nyquist recognized Robert Becker, 6433 Fremont Avenue North. He stated he too is an over - the -road semidriver and noted he has many concerns with parking his tractor some place other than his residence. He noted his tractor is worth $80,000. He explained it would be a great inconvenience for him and also quite costly if he had to park the tractor somewhere else'and,have another vehicle available for him to travel home in. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. The motion passed unanimously. Councilmember Lhotka inquired if there would be any way staff could address these issues under the home occupation permits. A discussion then ensued regarding some of the possibilities. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and An Ordinance Amending Chapter 19 of the City Qrdinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance to allow for further consideration and staff review. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:22 p.m. and reconvened at 8:38 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 88009 SUBMITTED BY TOYS "R" U REQUESTING SITE AND BUI LDING PLAN APPROVAL TO CONSTRUCT A 48 200 SO FT TOY STORE O N THE 8 -8 -88 -6- has been a driveway in this location since 1948, and he was quite surprised the City did not ask him if he wished to have a driveway curb cut added in this project. He noted this is a very small piece of land and any use which would be comprehended would not change the location of the driveway. A brief discussion then ensued regarding the property and driveway in question and the past Policies of the City. Mayor Nyquist inquired if any Councilmember wished to reconsider the vote. No requests were made, and the Mayor stated the motion stands as passed. The City Manager stated he would have staff review with the Planning Commission the variance possibilities to make this lot a usable lot and other courses of action for Mr. Talmage. ORDINANCES The City Manager presented the following ordinances: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE PARKING OF COMMERCIAL VEHICLES AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES BY DECLARING THE PARKING OF CERTAIN VEHICLES IN RESIDENTIAL ZONING DISTRICTS A PUBLIC NUISANCE AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING REQUIREMENTS FOR SPECIAL HOME OCCUPATIONS INVOLVING THE PARKING OF CERTAIN VEHICLES He noted the first two ordinances were first read on July 11, 1988, published in the City's official newspaper on July 21, 1988, and were offered for a second reading on August 8, 1988. He explained the public hearing was opened on August 8, 1988, and then tabled. He added the third ordinance also pertains to the first two ordinances. The Director of Planning and Inspection briefly reviewed the report prepared for the third ordinance and stated staff does not recommend adoption of the third ordinance. A discussion then ensued regarding the existing ordinances and whether they can be enforced adequately. Councilmember Lhotka stated he would like to see enforcement of the existing ordinances so only those parties that-are recalcitrant are penalized. The City Manager stated staff and the police department have tried enforcing the existing ordinances, but the attorneys have never had much luck in the court system with these laws. He noted fines are set by the court and an individual could be fined up to $700, but there has never been a fine given for that amount. He added these offenses a`re misdemeanors. He stated in a lot of cases the court system feels the City is harassing an individual, and the judge has more sympathy for the problem maker than for his neighbors. He noted a number of these complaints require the need for an officer to be present to see or hear the offense. There was a discussion relative to other possible language amendments and whether they would be effective in solving the problem. Councilmember Lhotka stated he would like to suggest forming a group consisting of one or two Councilmembers, staff, and possibly community volunteers to discuss this issue. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearings on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles, and An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain 9 -19 -88 _6_ Vehicles in Residential Zoning Districts a Public Nuisance and to refer the ` issue to a committee. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSI APPLICATION NO 88010 SUB MITTED BY MINNESOTA STATE HIGH SCHOOL LEAGUE REQ UESTING SITE AND BUILDING P LAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A 20 500 S FT. OFFICE BUILDING ON THE VACANT PARCEL OF LAND EAST' OF THE HOLIDAY INN ON FREEWAY BOULEVARD AND I PLANNING COMMISS APPLICATION N0. 88011 SUBMITTED B Y BEISNER LTD. REOUESTING PRELIMINARY R,L.S. APPROVAL TO SUBDIVIDE INTO TWO TRACTS THE 5 ACRE PARCEL OF VACANT LAND AT THE NORTHWEST CORNER OF FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY The City Manager noted these items were recommended for approval by the Planning Commission at its September 8, 1988, meeting. He noted the Director of Planning and Inspection would review both items at the same time. The Director of Planning and Inspection directed the Mayor and Councilmembers to pages one through four of the September 8, 1988, Planning Commission minutes and information sheets. He briefly reviewed the site location and the conditions recommended for approval of both applications. He added a public hearing has been scheduled and the applicant has been notified, Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 88010 and 88011 and inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to'close the public hearing on Planning Commission Application Nos. 88010 and 88011. The motion passed unanimously. There was a motion by. Councilmember Lhotka and seconded by Councilmember Hawes to approve Planning Commission Application No. 88010 submitted by Minnesota State High School League subject to the following conditions: \ 1. 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, utility and berming 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 b the Ci Manager) sh y y ) 1 be subm it t ed g mit ed prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. �i . 9 -19 -88 -7- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 88017. The motion passed unanimously. A discussion then ensued regarding the different size vehicles which would be parked on site and the number of each size. Councilmember Theis stated he would not like to see eight 22' trucks parked on the site, and he would like to impose a limitation on the number of 22' vehicles. Councilmember Theis stated he believed there should be no more than four vehicles in excess of 20' with no more than eight vehicles total on site. Councilmember Lhotka stated he felt Councilmember Theis was being much too generous and there should be no more than two vehicles 20' with a total of six vehicles on site. Councilmember Hawes added he would like to see screening of the dumpster as one of the conditions. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve Planning Commission Application No. 88017 subject to the following conditions: 1. Special use permit approval of Application No. 88017 supercedes approval of Application No. 68060. Both trucks and trailers may be stored and rented at the site. However, the total of both trucks and trailers shall not exceed eight (8) in number. 2. Parking of vehicles longer than 20' in length is prohibited in the spaces closest to the access drives serving the site and immediately north of the building. 3. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 4. Special use permit approval is for truck or trailer storage and rental. No other special use permits are approved by this action. 5. The property owner shall repair and maintain the screen fence along the residentially zoned property in an appropriate manner and provide the necessary maintenance to contain pea rock on the applicant's property. 6. Approval of this application authorizes the parking of no more than four trucks over 20' in length on the site at any one time. 7. The applicant shall provide appropriate opaque screening for the dumpster so that it is properly screened from view. The motion passed with Councilmember Lhotka opposed. ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE PARKING OF COMMERCIAL VEHICLES AND 10/24/88 _4_ AN ORDINANCE AMENDING CHAPTER 19 nF THE CITY ORDINANCES BY DECLARING THE PARKING OF CERTAIN VEHICLES IN RESIDENTIAL ZONING DISTRICTS A PUBLIC NUISANCE AND AN ORDINANCE AMEND CHAPTER 35 OF THE CTTY ORDINANCES REGARDING REOUIREMENTS FOR SPECIAL HOME OCCUPATIONS INVOLVIN THE PARKING OF CERTAIN VEHICLES The City Manager noted the first two ordinances were first read on July 11, 1988, published in the City's official newspaper on July 21, 1988, and were offered for a second reading on August 8, 1988. He noted the public hearings were opened on August 8, 1988, tabled to the September 19, 1988, meeting and then tabled indefinitely. He stated the first ordinance requires a four - fifths vote by the Council. He noted the third ordinance is offered this evening for a first reading. He explained staff has recently been advised that state law has been modified so as to make some of the proposed ordinance revisions regarding the parking of commercial vehicles in residential zones ineffective and perhaps, inoperable. He noted state law has been changed to allow persons to designate their desired vehicle classification rather than for particular vehicles to be classified uniformly in the various weight classifications. He stated if the Council is so inclined to approve the second ordinance, then they must also approve the first ordinance. The Director of Planning and Inspection briefly reviewed slides of different size trucks and their weights. The City Manager stated if the Council can describe the size limit they wish to enforce then staff will investigate it. Councilmember Lhotka stated he would like to see staff investigate an ordinance amendment using the height and length of a vehicle. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of 'Certain Vehicles in Re 'sidential Zoning Districts a Public Nuisance. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Requirements for Special Home Occupations Involving the Parking of Certain Vehicles. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:55 p.m. and reconvened at 9:13 p.m. The City Manager stated the Mayor had to leave the meeting for another commitment and Mayor Pro tem Hawes would reconvene the meeting. RESOLUTIONS The City Manager presented a Resolution Establishing Water System Improvement Project No. 1988 -22, Accepting Proposal and Approving Contract (Well 10/24/88 -5- There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka ~Y to close the public hearing. The motion passed unanimously. ORDINANCE NO. 88 -19 Member Rich Theis introduced the following ordinance and moved its adoption: ORDINANCE EXTENDING INTERIM ORDINANCE NO. 87 -16 FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE COMMUNITY, AND REGULATING AND RESTRICTING THE DEVELOPMENT OF ADULT HALFWAY HOUSES, COMMUNITY BASED RESIDENTIAL FACILITIES AND SIMILAR USES IN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. He noted this item is offered this evening for a first reading. The Director of Planning and Inspection briefly reviewed the proposed ordinance and noted this ordinance will utilize three criteria for determining which vehicles can be parked in residential zones. He stated the maximum length, maximum height, and maximum gross vehicle weight will be used as the criteria. He then went on to review slides showing the length and height of different vehicles within the City. Councilmember Lhotka stated he would like to know the length of the longest van that is manufactured. He stated he feels it is larger than the one shown in the slides. Councilmember Scott pointed out it appears that buses would not be allowed to park at churches or schools. Mayor Nyquist recognized Kevin Smith, 6106 Quail Avenue North. Mr. Smith explained that he had recently started a business and would be required to remove his business vehicle from his residence if the ordinance were passed. Mr. Smith stated if he were required to store his vehicle off -site, he would basically be put out of business because he does not have the additional money to pay for storage space. He noted his vehicle is 10' high and 21' long. The City Manager stated staff would try to put together a list of companies which may allow Mr. Smith to store his truck on their property. Mayor Nyquist recognized Mr. Blaine Fluth who stated he would have a problem with the storage of buses at churches. The Director of Planning and Inspection stated additional exceptions could be written into the ordinance to allow for storage of buses at schools and churches. Councilmember Scott' inquired if commercial vehicles would be allowed on the persons' property if they were stored inside a garage.- The Director of Planning and Inspection stated they would not be allowed under these ordinance provisions. Councilmember Lhotka stated he would like staff to survey churches and schools to find out how many store buses on their property, and he would like more information regarding the length of the largest van being manufactured. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance and setting a public hearing date for December 5, 11/7/88 -5- 1988, at 7:30 p.m. The motion passed with Councilmember Scott opposed. F R CESS The Brooklyn Center City Council recessed at 8:32 p.m. and reconvened at 8:48 p.m. PLANNING COMMISSION ITEMS PLANNING COKMISSIO APPLICATION NO 8801 SUBMITTED BY BUETOW AND ASSOCIATES. INC. REOUESTING SI AND BUILDING PLAN AP PROVAL TO CONSTRUCT A 20.000 SO. FT. OFFICE BUILDING FO THE CITY COUNTY CREDI UNION BETWEEN THE PARK NICOLLET MEDICAL CENTER AND T LEARNING TREE DAY CARE CENTER The City Manager noted this item was recommended for approval by the Planning Commission at its October 27, 1988, meeting. Councilmember Theis stated he is on the supervisory committee for the credit union and would not be participating in any discussion or vote regarding this application. The Director of Planning and Inspection referred the Council to the Planning Commission minutes .of October 27, 1988, pages one and two. He briefly explained the application and noted there is not a public hearing required for this application. He stated the Planning Commission did recommend approval of this application subject to 11 conditions which he reviewed for the Council. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Planning Commission Application No. 88019 submitted by Buetow and Associates, Inc. subject to the following conditions: 1. 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, utility and berming 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•by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop, mechanical equipment shall be appropriately screened from view. 5. The building is 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 landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 11/7/88 -6- "za RESOLUTION NO. 88 -202 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH NORTHERN STATES POWER COMPANY AND WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FOR A COMMUNITY ENERGY PROGRAM (HOME ENERGY CHECKUPS) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -203 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MINNEGASCO AND WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FOR A COMMUNITY ENERGY PROGRAM (PROJECT AIR) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager said the resolution awarding insurance contracts is recommended for approval by staff. The Director of Finance proceeded to highlight and explain information regarding the contracts. Councilmember Theis asked if the City deals through Jerry Coughlin, and the Director of Finance responded affirmatively. RESOLUTION NO. 88 -204 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AWARDING INSURANCE CONTRACTS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. PRESENTATION BY METRO W ASTE CONT ROL COMMISSION Mayor Nyquist recognized Mr. Art Cunningham, Metro Waste Control Commissioner, who said he represents the precinct which includes Brooklyn Center, Brooklyn Park, Crystal, Osseo, New Hope, and part of Minneapolis. He said his purpose for appearing at this evening's Council meeting is to tell the Council about the Metro Waste Control Commission and explain its rates. Commissioner Cunningham proceeded to provide some history on the commission and discuss its budget and rates for 1988 and 1989. He highlighted three major projects in which the commission is now involved. Commissioner Cunningham thanked the Council for the opportunity to speak before it and said he can be notified at 544 -6020; his office is at Mears Park Centre, 230 East 5th Street, St. Paul, Minnesota, 55101. ORDINANCES The City Manager presented An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. He said this item was first're<ad on November 7, 1988, published in the City's official newspaper on November 17, 1988, and is offered this evening for a second reading. He noted there is a companion 12/5/88 _4_ ordinance with this one, and the Council should pass one or the other of the ordinances. The companion ordinance is An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles. The City Manager said this item was first read on July 11, 1988, published in the City's official newspaper on July 21, 1988, and offered for a second reading on August 8, 1988. It was tabled at the August 8, 1988, September 19, 1988, and October 24, 1988, Council meetings. He reviewed the changes made to the ordinance amending Chapter 19 which were made subsequent to the November 7, 1988, Council meeting. Councilmember Scott asked how the City will determine the difference between a farm vehicle and a yard tractor. The Director of Planning and Inspection said this would be based on size, and the City Manager added that this is subject to some interpretation. Councilmember Lhotka asked for further explanation of Section 12 -e of the ordinance amending Chapter 19, and the Director of Planning and Inspection said this addresses legal commercial nonconforming uses in residential districts. Councilmember Theis referenced section 12 -d, inquiring what "publicly owned structures" are. The Director of Planning and Inspection said buildings like the City's pumphouses, utility buildings, and wells located in residential districts would be considered publicly owned structures. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. He recognized Mr. Roger Morin, 6107 Scott Avenue North, who said he is self - employed and owns a truck that is 23 feet long, 8 feet wide, and 11 feet 6 • inches in height. He requested the Council to reconsider the size of the vehicle allowed by the proposed ordinance and suggested allowing one vehicle per residence. He added some motor homes are 36 feet long, and he feels if those can be parked at a residence, his truck, which is smaller, should also be able to be parked at his home. Mr. Morin added he starts his truck during regular hours, and he does not do repair work on it at home. He added if he has to park his truck at another location, he will have to purchase another vehicle in order to get to that location. Councilmember Scott asked Mr. Morin what type of truck he has, and Mr. Morin said it is a one and one -half ton straight truck. Mayor Nyquist noted he received a phone call at 11 :30 p.m. last night from a resident whose neighbor was running a diesel truck. The City Manager said the rationale behind this ordinance is the more you allow commercial activities in a residential area, the less residential the area becomes. Mayor Nyquist noted he has also received complaints regarding boats parked in residential areas. The City Manager pointed out this is recreational equipment as opposed to commercial equipment, and the City does not receive as many complaints about boats as it does about commercial vehicles. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. The motion passed unanimously. Councilmember Lhotka asked how long the City has been working on this ordinance, and the Director of Planning and Inspection said it has been more than one year. 12/5/88 _5_ i Councilmember Lhotka said this is an' ordinance in which the City Council and staff have looked at every option, and it boils down to deciding if a residential area is for residents and commercial areas are for commercial business. ORDINANCE NO. 88 -20 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES BY DECLARING' THE PARKING OF CERTAIN VEHICLES IN RESIDENTIAL ZONING DISTRICTS A PUBLIC NUISANCE The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis. Councilmember Lhotka said this amendment includes changes made since the first reading, which include a length of 21 feet and a height of 8 feet, plus other changes made to the ordinance amendment. Councilmember Scott said she will vote against this ordinance amendment. She said initially, the intent was to try to prevent people from bringing semi - trucks home, and the City is going from having no ordinance to one that will be too restrictive. She added there are some people who have small vans which are not the least bit obstructive, and this ordinance will cause a lot of people problems. Councilmember Lhotka disagreed, saying to his knowledge, the ordinance amendment from the start was not strictly for semi - trucks. He said a resident has a right to his yard, activities, and peace of mind. Councilmember Scott said she has received many complaints regarding semi - trucks, but not for smaller vehicles. Councilmember Lhotka said he did not understand why Councilmember Scott was just now making her objections known, and Councilmember Scott said she has objected to this in the past. Mayor Nyquist asked about the nuisance ordinances that may control diesel noise and fumes, and the City Manager said the City generally tries to follow through on such complaints. Mayor Nyquist pointed out the initial discussion of the Council included the problems related to noise as opposed to size. The City Manager pointed out that enforcing the noise ordinance is difficult and in reviewing other City's ordinances, gross vehicle weight and size were used to set limits. The Director of Planning and Inspection noted staff presented a number of ordinances to the City Council in April or May of this year, and this ordinance was one the City Council felt was a problem area which needed to be addressed immediately. He added this ordinance amendment was considered to be more direct and easier to deal with than some of the others. Mayor Nyquist asked what the difference is between this ordinance as opposed to the nuisance ordinance, and the City Manager said sound and noise problems are difficult to enforce and measure, while this one would be easier to enforce. Mayor Nyquist suggested if the ordinance is passed, there should be a phase -in period. The City Manager said a sip: -month period should be adequate for phasing in the ordinance. Councilmember Scott said there are a number of people who work in Brooklyn Center who have to take their vehicles home and would not be able to do so if the ordinance is passed. She said this will create problems for some people. The City Attorney said the Council could specify a later effective date of the ordinance which does not make the ordinance any less sudden but eo le could be P P 12/5/88 _6_ ..M, notified in advance of the changes. The City Manager noted that even if the effective date is delayed, there will still be people who will be surprised by this ordinance. He added the usual progression is to send a letter requesting compliance, issue a warning, and then finally issue a hard tag. There was some discussion on how people would be notified of the ordinance amendment. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to amend his original motion for approving An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. The amendment is to change the effective date of the ordinance to June 1, 1989. The .motion passed with Councilmember Scott voting against it. Upon vote being taken on the amended original motion regarding An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance, the motion passed with Councilmember Scott voting against it. ORDINANCE N0. 88 -21 Member Gene Lhotka introduced the following ordinance and moved its adoption with the effective date of it as June 1, 1989: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE PARKING OF COMMERCIAL VEHICLES The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 19 of the City Ordinances by Declaring Certain Actions as Public Nuisances and said this item is offered this evening for a first reading. The Director of Planning and Inspection highlighted this ordinance amendment. Councilmember Lhotka asked how the City would determine if a parking area is gravel, because over time gravel can get washed away. There was some discussion on the use of gravel in driveways, and the City Manager suggested staff may want to look at this further. Councilmember Theis asked how fish houses would fit into this ordinance, and there was discussion of the necessity of screening fish houses from public view. There was a motion by Councilmember Scott and seconded b Councilmember r Hawes to table action on An Ordinance Amending Chapter 19 of the City Ordinance by Declaring Certain Actions as Public Nuisances. The motion passed unanimously. RECESS The Brooklyn n C y enter City Council recessed at 8:25 P.M. and reconvened at 8:40 p.m. ORDINANCES (CONTINUED) The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Outside Storage, and he said this item is offered this evening for a first reading. He noted this ordinance amendment is a result of 12/5/88 _�- City Council Agenda Item No. 9b • • MEMORANDUM DATE: February 17, 1999 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lions Club in Support of the Annual Earle Brown Days Parade and Sunday in Central Park Activities The Brooklyn Center Lions Club has presented to the City donations of five thousand dollars ($5,000) and one thousand seventy hundred and fifty dollars ($1,750) and have designated that they be used for the annual Earle Brown Days Parade and Sunday in Central Park activities respectively. Staff recommends acceptance of the donations and asks that they be coded to the Civic Events and Special Events programs respectively. • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL EARLE BROWN DAYS PARADE AND SUNDAY IN CENTRAL PARK ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of five thousand dollars ($5,000) and has designated that it be used for the annual Earle Brown Days Parade; and WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of one thousand, seventy hundred and fifty dollars ($1,750) and has designated that it be used for the annual Sunday in Central Park activities; and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to the Civic Events and Special Events programs respectively. 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. BROOKLYN CENTER LIONS CLUB FIRSTAR BANK 5002 EB RAND TOWER OFFICE t P.O. BOX 29092 MINNEAPOLIS, MN 55402 BROOKLYN CENTER, MN 55429 75- 1522.910 PAY TO THE ORDER OF CITY OF BROOKLYN CENTER $ w"fi 75(] nn Six Thousand Seven Hundred Fifty and 001100 awwwwwwwwaw ww ww+ ww wawaawwawwwwwwwaawwwaawwaaawaaawaawawwwwwwaaaaaaaawwaaaaa DOLLARS CITY OF BROOKLYN CENTER MEMO DONATION EB PARADE $5000.00 -1750 SUNDAY 11 '00500211' 1:09 L0L52241: 0 ?? �LL 3n" • • • City Council Agenda Item No. 9c • MEMORANDUM DATE: March 17, 1999 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Wor SUBJECT: Staff Report Re: Bleachers As the attached memo from Streets and Parks Supervisor John Harlow indicates, he and building official Dave Fisher have been reviewing the City's inventory of bleachers in light of existing building code and proposed changes to the building code. It is important to note that in our neighborhood parks the bleachers in question are small five row units that are generally constructed of steel and wood and are about 15 -20 years old, while in our destination parks the bleachers are larger, newer aluminum ten or five row units. We have had an ongoing budget item the past several years to replace some of the older bleacher units every year. Much of the concern about bleachers raised in recent months has risen from large, multi unit, multi row bleachers in buildings such as ice arenas or outside at, for example, high school football fields. The building code applies to all but the most modest of risers, so changes to the building code intended to improve the safety of large bleacher structures also affects our neighborhood five row bleachers. In summary, these are their findings in Mr. Harlow's memo: • None of the City's inventory of 41 bleacher sections meets the recently- adopted building code. Has far as we can determine, all our bleachers were code - compliant when installed. While the existing bleachers do not meet the current code, at a minimum, all of our bleachers have a back rail, and about half have side rails. All are in fair to excellent condition, and none are so hazardous that we believe they should be immediately removed. There has been only one reported accident in the memory of our park maintenance crew, when an elementary -aged girl slipped on a step. • The building code is in the process of being revised with adoption expected in 2000 or 2001. Current drafts regulate bleachers more stringently, but the rules are not yet complete and no one can be sure what the final rules will be. Because of this uncertainty, manufacturers are holding off in designing retrofit packages for existing bleachers, so we don't know what those entail, what the cost would be, or if we could do the retrofit work ourselves. • The state building official has notified us that bleachers are "grandfathered" under the code which was in effect at the time they were installed. As noted above, we believe that all our bleachers would be grandfathered, but we have not yet been able to confirm this. • Pending legislation adds uncertainty as to what regulations must be met by which bleachers, and potential sources of funding for retrofit or replacement. According to the state building official, pending legislation would require all bleachers to come into compliance with current building code, in other words, this would override any grandfathering allowed by the state building official. • The price of a five row bleacher unit which meets current building code is about $2,700. The price of ten row units varies considerably. We currently have 21 five row units and 13 ten row units. It is expected that the price of units which would meet the draft, more stringent rules would be more than the cost of current units. There are several options to proceed, but in general these are the basic options: 1) Remove all the bleachers, as they do not meet the most current code. This would eliminate all seating at the ballfields, both at the fields used for youth and adult league play, as well as Evergreen and Central, which host numerous tournaments throughout the summer, including the Dudley Qualifier and the Dudley. Optionally, grass berm seating could be constructed, or the existing bleachers could be replaced with modest 3 row seating which does not fall under the building code definition of bleachers. A cost for this option would have to be determined after a thorough review of where seating is absolutely necessary. • 2) Retain the newer aluminum bleachers, but remove the older steel and wood bleachers. This would leave bleachers at Central, Evergreen, and West Palmer, but eliminate bleacher seating at all other parks. However, even though the aluminum seating is newer and generally is closer to meeting the current building code, those bleachers still do not meet the letter of the code. 3) Do nothing until more information is available about the code revisions, legislative actions, and cost information on retrofitting or other seating options. I recommend that we take no action at this time. In the meantime, we will hold off purchasing any new bleachers (funds are included in the '99 budget as a part of our ongoing bleacher replacement program) until we receive more information about the upcoming code changes. • I N T E R MEMO O F F I C E To: Diane Spector - Director of Public Works From: John Harlow - Supervisor of Streets and Parks Subject: Park Bleacher Inventory Update � Date: March 16, 1999 Since my memo of February 22,1999 (see attachment), I have consulted with city building official Dave Fisher regarding the issue of bleacher safety and the current inventory of bleachers in use by the City's park department. At this time; upon examination of the 1997 Uniform Building Code (UBC), we have determined that the 41 bleacher units presently in use do not meet the current code. In addition, we have received notification from the state buildin g official that the final draft of the 2000 International Building Code (IBC) is nearing completion. He states that it is anticipated that the IBC would be adopted in 2001. This code in comparison to the 1997 UBC, is even more stringent in several areas relating to bleacher construction. Also, to further add to the process of upgrading bleacher • units, the 1999 Minnesota Legislature is now debating bills that will effect the requirements of bleacher construction in relation to safety. Therefore, in light of all the impending uncertainty, we would not recommend making any costly alterations in construction at this time; until a final direction has been established in regard to codes and legislation. However; being safety conscious, it may be prudent at this time to review our options for the disposition of our current bleacher inventory. At present we have a window of approximately six weeks before the start of the softball season and the impending use of the bleachers. There are several options that may be considered prior to this time. • remove all existing bleachers • dismantle and scrap 22 sets of steel and wood bleachers that will not be cost effective to retrofit and leave in place the aluminum units • wait for direction from the pending legislation as to recommended bleacher types and available funding sources, leaving existing units in place - when more information becomes available as to changing regulations, assess our bleacher needs in the individual parks and replace the units where needed with compliant type units • eliminate bleacher usage altogether and implement ground level seating or build grass burm type seating that is not subject to UBC or IBC • Replace bleachers where needed with 3 row units less than 30 inches high that are not • subject to UBC or IBC Some additional information was offered by several bleacher manufacturers. At this time they were unable to give accurate costs for the necessary retro fitting parts to upgrade the existing bleachers because of the unknown nature of the changes in codes and legislation. They did state that to their knowledge, existing bleachers are "grand fathered" unless changed by new mandates. I question this statement and am waiting for confirmation from the state building official. These comments further substantiate the premise of waiting to implement a plan until more hard information is obtained. Finally, before any updating plan is implemented, it is required that we have active participation from our city building official as to plan review, permits and inspection. Also, if any structural changes are made they will have to be made by a licenced design professional. Let me know what direction we will pursue and I will supply the additional information necessary. Thanks, • cc: Dave Fisher Dave Peterson • Michael Krech i N T E R M__EMO O F F I C E To: Michael McCauley - City Manager From: John Harlow - Supervisor of Streets and Parks�d Subject: Park Bleacher Inventory YYY Date: February 22, 1999 Being safety conscious; in light of the recent events concerning bleacher safety, the park department has conducted an inventory of our existing bleacher units. The attached table shows the location, type and number of units in our park system. As we further study the latest building codes, the inventory will be expanded to depict which bleacher units are either compliant or non - compliant with the latest requirements. Preliminarily, there are four areas of concern. Those areas are aisles, guardrails, toeboards and footboards. It is required that all new or remodeled bleacher units be reviewed, permitted and • inspected by the municipal building official. I will work with Dave Fisher to assess our needs and establish the compliance of our bleacher units. When the areas of concern are specified, I will make a final list of unit condition and submit it to you with a recommendation for reconditioning, replacement or removal and an approximate cost for each option. Please inform me as to what direction and time line we will take. Thanks, z - � • cc: Michael Krech • CITY OF BROOKLYN CENTER PARKS - BLEACHER INVENTORY PARK -LOCATION . BLEACHER TYPE RAILING TYPE BELLVUE NONE BROOKLANE NONE CENTRAL 6 - ALUMINUM, 10 ROW BACK & SIDE, ALUM TUBE EVERGREEN - ballfields 7 - ALUMINUM, 5 ROW BACK & SIDE, CHAIN LINK S EVERGREEN - soccer field 4 - ALUMINUM, 10 ROW BACK & SIDE, CHAIN LINK FIREHOUSE 1 - STEEL &WOOD, 5 ROW BACK, STEEL - SIDE, NONE FREEWAY NONE GARDEN CITY NONE GRANDVIEW 3 - STEEL &WOOD, 10 ROW BACK & SIDE, STEEL 6 - STEEL &WOOD, 5 ROW BACK, STEEL, SIDE, NONE HAPPY HOLLOW NONE KYLAWN 2 - STEEL &WOOD, 5 ROW BACK, STEEL - SIDE, NONE LIONS NONE MARLIN NONE NORTHPORT 3 - STEEL &WOOD, 5 ROW BACK, STEEL - SIDE, NONE I ORCHARD NONE PALMER (EAST) 2 - STEEL &WOOD, 5 ROW BACK, STEEL - SIDE, NONE I PALMER LAKE NONE PALMER (WEST) 3 - STEEL &WOOD, 5 ROW BACK, STEEL - SIDE, NONE 2 - ALUMINUM, 5 ROW BACK & SIDE, CHAIN LINK RIVERDALE NONE 'WIN BEACH NONE WANGSTAD NONE WILLOW LANE 2 - STEEL &WOOD, 5 ROW BACK, STEEL - SIDE, NONE BLEACHER UNIT TOTALS 3 STEEL AND WOOD 10 ROW 10 ALUMINUM 10 ROW 19 STEEL AND WOOD 5 ROW 9- ALUMINUM 5 ROW TOTAL 41 City Council Agenda Item No. 9d City of Brooklyn Center A great place to start. A great place to stay. r MEMORANDUM TO: Mayor Kragness, Councilmembers om, Lasman, N and Peppe FROM: Michael J. McCauley, City Manager DATE: March 18, 1999 SUBJECT: Northwest Hennepin Development Coalition Attached are materials received from North Metro Mayors Association regarding continuing discussions to evaluate the potential for establishing a Northwest Hennepin Development Coalition. The materials request the adoption of a resolution supporting discussion. It would not seem to be necessary to adopt a formal resolution to simply have continued discussions regarding potential areas of cooperation. While intergovernmental cooperation is a very important effort, formal coalitions, as opposed to intergovernmental projects, such as the recycling group, five cities transportation, tend to be less focused and have additional overhead cost. The City currently pays approximately $15,700 S in dues to the North Metro Mayors Association and $3,000 per year for the Highway 100 coalition. The Highway 100 coalition reflects a multi jurisdictional effort to accomplish a very specific task. This task of upgrading Highway 100 represents an extremely high priority established by the City Council. At this point, as indicated, continued discussions and exploration would seem to be appropriate, but any potential coalitions would need to be evaluated in light of City Council priorities, budgetary constraints, and staff time availability. Thus the recommendation is to simply continue these informal discussions, without adoption of any formal resolutions. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer NORTH METRO MAYORS A S S O C I A T 1 0 N To: Commissioner Mike Opat Mayor Steve Boynton Mr. Jerry Dulgar Hennepin County City Of Champlin City Of Crystal Mr. Curt Boganey Mr. Kurt Ulrich Ms. Anne Noms City Of Brooklyn Park City Of Champlin City Of Crystal Mr. David Sebok Mr. John Cox Mr. Dennis Kraft City Of Brooklyn Park City Of Champlin City Of Robbinsdale Mayor Bob Burlingame Mayor W. Peter Enck Mr. Dan Comejo City Of Maple Grove City Of New Hope City Of Robbinsdale Mr. AI Madsen Mr. Dan Donahue Mr. Mike McCauley City Of Maple Grove City ( New Hope City Of Brooklyn Center Mayor Don Kjonaas Ms. Shirley Slater Mr. Brad Hoffman City of Dayton City of Dayton City Of Brooklyn Center Joseph D. Strauss Strauss Management Company From: Sarah Eppard Date: 03/11/99 • Please plan to attend a meeting on April 1, 1999 from 10:00 —11:30 am at the Edinburgh USA Golf Course — Muirfields Room. The purpose of the meeting is to continue discussions on the formation of a sub - regional coalition. The group last met in early December. At the meeting, it was suggested that a task force meet and report develop recommendations on how a coalition might be organized and structured. P p 9 g Attached find a draft resolution that the task force recommends each city consider using as a first step in determining whether or not to proceed with participating in a sub - regional coalition. Further, find attached a compilation of various community projects that could serve as possible work plan priorities for this coalition. In 1996, the NMMA Board encouraged members to create sub - regional corridor organizations that could address common issues and opportunities: • Development/redevelopment • Transportation and transit • Housing • Land use planning • Business expansion, related employment, and tax base creation We all know the past successes of various subregional groups which NMMA helped establish, e.g., North Metro Crossing Coalition (610/10), the North Metro Highway 100 Council, and most recently the 135W Corridor Coalition. After the meeting, I suggest a dutch -treat lunch at MacTavish's Grill & Pub to socialize and visit. The Pub was recently remodeled and their menu includes traditional Scottish food. 8525 Edinbrook Crossing, Suite #5, Brooklyn Park, ,WN 55443 TEL (612) 493 -5115 A� F,k.Y (612) 424 -1174 DRAFT DRAFT DRAFT RESOLUTION Exploring the Establishment of the NW Hennepin Development Coalition WHEREAS, the City of wishes to explore establishing a NW Hennepin Coalition consisting of neighboring communities, and WHEREAS, the North Metro Mayors Association Board of Directors has over the years encouraged member communities to initiate subregional organizations around significant transportation corridors, e.g., 610 Coalition, Highway 100 Council and the NM I -35W Corridor Coalition, and WHEREAS, collaborative, multi jurisdictional coalitions have successfully brought together both public and private resources to address critical subregional issues and problems, and WHEREAS, the legislature, the Metropolitan Council, non - profits and the business community have all joined with various corridor coalitions as partners both through funding commitments and other forms of support and encouragement, and WHEREAS, multi jurisdictional collaborations are more likely to secure a greater share of available resources incentive for their willingness to be more effective and efficient, and • WHEREAS, representatives from Champlin, Brooklyn Center, Brooklyn Park, Crystal, Dayton, Maple Grove, New Hope, Osseo, Robbinsdale and Hennepin County will be invited to discuss the merits of establishing the NW Hennepin Development Coalition (Coalition) and discuss whether the following opportunities should be addressed on a multi jurisdictional collaborative basis, namely: ♦ Enhancing regional and local transportation networks, ♦ Responding to the changing demographics, ♦ Preserving and enhancing existing housing and neighborhoods, ♦ Encouraging high quality economic development/redevelopment that result in jobs and enhances the tax base, and ♦ Other issues as determined critical to the participants. WHEREAS, the primary objectives of the Coalition could include: ♦ expanding conventional land -use planning methods by applying livable community goals and objectives; ♦ approaching physical, social, and economic development issues in an integrated and multifaceted manner; ♦ working at a subregional level to link local and regional policies, and • ♦ implementing the policies and strategies outlined in the Metropolitan Council's Regional Blueprint. U: \CRP- NEW\NW CoalitionVesolution.doc DRAFT DRAFT DRAFT WHEREAS, the Coalition could bundle its activities into the following three livable community work areas that form a "Subregional Urban Design and Planning Framework." ♦ Building Metropolitan Towns: joint actions that strengthen and create connections — physical, social, and economic — among communities. ♦ Redefining Metropolitan Competitiveness: cooperative strategies that position the subregion to attract economic development and support a local economy that values and thrives in livable communities. ♦ Ensuring Healthy Neighborhoods: coordinate initiatives to build neighborhoods that support individuals and families throughout their life cycle. WHEREAS, the operating assumption for establishing the Coalition is that these issues are not confined to municipal boundaries and, thus, are best addressed and resolved through collaborative partnerships and action. NOW THEREFORE, the City of hereby expresses an interest in participating in discussions with neighboring communities and Hennepin County for the purpose of determining whether a NW Hennepin Suburban Coalition should be established. Dated: , 1999 Signed: • U: \CRP- NEW\NW Coalition \resolution.doc DRAFT DRAFT DRAFT • Opportunity to Link Projects Throu PP tY h J 9 a Collaborative and Connected Framework (Development, Redevelopment, Transportation, Transit, Housing, Land Use Planning, Business Expansion and Related Employment) In 1996 the North Metro Mayors Association board adopted a policy position that encourages members to create subregional- corridor type organizations that could more easily and specifically address and focus on critical development - redevelopment, transportation, transit, housing, land use planning, business expansion and related employment issues in a more efficient, effective and cost effective manner. This NMMA policy is the result of past successes in establishing a number of collaborative, multi jurisdictional organizations, such as, the 610 Crossing Coalition, the Highway 100 Council and most recently the I35W Corridor Coalition. The following initial projects could become the focal points around which the Coalition organizes and builds a more coordinated collaborative and connected framework of operation: 1. Implementation of a coordinated, multi jurisdictional GIS System 2. Hennepin County Community Works Humboldt Avenue Project 3. Development along T.H. 610/10 Corridor, plus intermodal opportunities 4. Re- alignment of the Devil's Triangle (County Road 81, T.H. 169 and 85' Avenue) and coordination with T.H. 610/10 5. Hwy 100 re- construction and redevelopment 6. NW Commuter Rail and Transit Corridor 7. NW Housing Resource Center Program focused on preserving existing housing stock 8. 1- 694/94 third lane addition (Brooklyn Boulevard west to the I- 494/94 split) 9. County programs and support tools 10. Telecommunications opportunities 11. Environmental and wetland coordination 12. Champlin - Gateway project 13. Maple Grove - gravel pit development 14. Robbinsdale - transit hub 15. Brooklyn Center - Brookdale renovation and related infrastructure utilization 16. Crystal/New Hope/Hennepin County — Enterprise Facilitation 17. Redevelopment needs of the inner -ring and outer -ring communities 18. MUSA growth management strategies 19. Brownfield funding and clean-up 20. Marketing of the region — promoting development/redevelopment, education, employment, and housing opportunities. UANW Coalition \Organ. DevelopmentUnitial projects.doe City Council Agenda Item No. 9e City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers strom, Lasm elson, and Peppe FROM: Michael J. McCauley, City Manager DATE: March 18, 1999 SUBJECT: Shingle Creek Towers The materials that are included with respect to this agenda item are preliminary. The City's bond attorney has not yet reviewed the proposed draft resolution. This review will occur prior to Monday's meeting. Several circumstances caused the delay in these materials being reviewed by all appropriate persons. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Di DATE: March 18, 1999 SUBJECT: Resolution Authorizing the Issuance of $7,200,000 in Revenue Bonds to Finance the Acquisition and Rehabilitation of Shingle Creek Tower at 6221 Shingle Creek Parkway and Approving the Administration of Said Program Monday evening, the Council will have before them a resolution giving final approval to the issuance of tax exempt housing bonds in the amount of $7,200,000 and the underlying regulatory agreement which defines the use of funds and program requirements. The Council gave preliminary approval in July 1998 with Resolution No. 98 -112 to BOCA's application for housing revenue bonds to acquire the Shingle Creek Towers complex. With final approval, Boisclair Corp (BOCA) will acquire the apartment complex and undertake the extensive rehabilitation of the facility as previously described at the July, 1998 public hearing. However, since preliminary approval was granted, which allowed the developer to apply for part of the State's allocation of the housing bonds, the State has placed a priority on the retention of the Section 236 buildings giving bond preference to projects preserving such buildings. Shingle Creek Towers is a "236" building that, at this time, can be converted to a non - subsidized market driven complex because the current owner's contract with HUD has expired. Mr. Boisclair is proposing to marry the Section 236 program with the revenue bonds and preserve the buildings current "236" status. The Council's prior approval was on a straight revenue bond program. Program income requirements remain the same at 40 percent of the metro median household income with the current proposal and the former proposal. The differences between the original program given preliminary approval and the current program for which final Council approval is requested are in the rents paid and the amount of money that must be used per unit in rehabilitation. Rents Before Bond Rents After Bond 1 Bedroom $595 - $630 1 Bedroom $505-$550 2 Bedroom $720 - $750 2 Bedroom $643-$675 • Memorandum to Michael J. McCauley March 18, 1999 Page 2 Also, the rehabilitation budget is increased from $12,500 per unit to $15,500 per unit. The City would be required to monitor the projects' conformance to: a. HUD housing quality standards; and b. Affordable rent criteria. The housing quality standards would be accomplished primarily with our rental license inspection. The second requirement of monitoring rent criteria would be contracted, at Boca's expense, with the Metro HRA. At the time I am writing this I have not personally confirmed Metro HRA agreeing to this but it is my understanding that they will take this on. I will confirm this prior to Monday's meeting. With respect to the addition of the Section 236 interest reduction plan this should address some of the concerns expressed at the public hearing that new rents would price out current tenants. As I recall some wanted the building to remain a "236" building; as currently proposed it will. • Mr. Boisclair will be available to answer Council questions Monday evening. Attached is my memo dated July 23, 1998 which notes the five (5) conditions of approval. I would recommend that the Council approve the final resolution subject to these conditions. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: July 23, 1998 SUBJECT: Shingle Creek Towers Public Hearing The Council passed a resolution calling for a public hearing and giving preliminary approval to the request of BOCA Limited Partnership for $7,200,000 in housing revenue bonds and $75,000 in Section 42 Tax Credits. The resolution before the Council Monday evening reflects the conditions set by the Council at the June 23, 1998 Council meeting held at Shingle Creek Towers. The conditions of approval include: 1. Tenant paid portion of the rent will not increase for 1 year from the date of acquisition • (closing). 2. The borrower will pay all tenant costs associated with moving caused by construction. 3. Annual rents will not increase more than 3% or CPI which ever is lower. 4. Current residents will be able to continue as residents as long as they desire provided they meet their obligations as tenants. 5. Cable hook -ups to be provided at no cost to tenants. This resolution is still just a preliminary approval. Once there is a commitment of a bond allocation and bond documents are prepared it will come back for final approval. It is my understanding that there will not be funds available until January of 1999. Therefore, a final resolution will probably be around February, 1999. PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 2/20 RightFAX REGULATORY AGREEMENT between the CITY OF BROOKLYN CENTER, MINNESOTA, [TRUSTEE] and BOCA LIMITED PARTNERSHIP a Minnesota Limited Partnership Dated as of • waa 93864 2 \31948.1 \Shingle Creek Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 3/20 RightFAX • TABLE OF CONTENTS Page 1. Term of Restrictions ................................................................................ ..............................2 2. Proiect Restrictions ................................................................................. ..............................2 3. Occui)ancv Restrictions ........................................................................... ..............................4 4. Rental Restrictions ...............:.................................................................. ..............................5 5. Transfer Restrictions .............................................................................. ..............................6 6. Enforcement ................ .......................................................... ..............................6 7. Reserved ................................................................................................. ............................... 7 8. Agent of the Citv .................................................................................... ............................... 7 9 . Indemnification ............... ............................... ........................................ ............................... 7 10. Interpretation ........................................................................................ ..............................7 11. Amendment .......................................................................................... ............................... 7 12. Severabilitv ............................................................................................ ..............................7 13. Notices ....... ..............................7 ............................................................. ............................... 14 Governing Law ...................................................................................... ............................... 8 15. Limited Liability of Owner ................................................................... ..............................8 16. Distributions ......................................................................................... ..............................8 17. Management of the Facilitv .................................................................. ..............................9 EXHIBITS: EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - INCOME CERTIFICATION EXHIBIT C - CERTIFICATION OF CONTINUING PROGRAM COMPLIANCE • was 93864_22\31948.1 \Shingle Creek i Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 4/20 RightFAX THIS REGULATORY AGREEMENT (including Exhibits A through C attached hereto), dated as of . 199, is made by and between Boca Limited Partnership, a Minnesota limited partnership, and its successors and assigns (jointly and severally hereinafter referred to as the "Owner', CITY OF BROOKLYN CENTER, MINNESOTA (the "City"), and [TRUSTEE] (the "Trustee "). RECITALS A. The Owner has entered into a purchase agreement to acquire a 122 -unit residential facility for senior citizens known as Shingle Creek Tower at 6221 Shingle Creek Parkway in the City, City of Brooklyn Center, Minnesota, located on that certain real property more particularly described in Exhibit A attached hereto (the "Facility'). B. Pursuant to Minnesota Statutes, Chapter 462(C) (the "Act"), the City is authorized to develop and administer programs to finance the acquisition and rehabilitation of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. • C. The acquisition and rehabilitation of the Project by the Owner is to be funded through the issuance of up to $7,200,000 in revenue bonds to be issued by the City (the "Bonds "). D. E. The proceeds from the sale of Bonds will be used to fund a loan to the Owner to finance a portion of the costs of acquiring and remodeling the Facility including the purchase of an existing loan made under Section 236 of the National Housing Act, as amended (the "Loan "). F. In conjunction with the Loan, the U.S. Department of Housing and Urban Development ( "HUD ") makes "Interest Reduction Payments" to the Loan's mortgagee on behalf of the Owner so that the Loan bears interest at the rate of 1% per annum with principal payments based on a forty- (40 -) year amortization schedule. G. The City has agreed to acquire the Loan using funds provided to the Owner from proceeds of the Bonds and from equity investment funding derived from an allocation of Low- Income Housing Tax Credits in accordance with Section 42 of the Internal Revenue Code ( "Section 42 ). Upon City's acquisition of such loan, the federal mortgage insurance shall be terminated. H. The Loan is evidenced by that certain promissory note dated 19 amended and modified, supplemented and endorsed, in the original principal • amount of $ , is secured by that certain deed of trust dated 19_ (the "Note "), and recorded on 19 as amended, modified and was 93564_2 \31948.1 \Shing1e Creek Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 5/20 RightFAX supplemented, which encumbers the Facility (the "Mortgage "), and is governed by the terms, provisions and conditions of that certain loan agreement of even date therewith (the "Loan Agreement").. I. In establishing this multifamily housing program, the City has considered the information contained in the City's comprehensive plan. The Property will be acquired and rehabilitated in accordance with the requirements of Subdivisions 1 and 2 of Section 4620.05 of the Act. J. The City and Trustee have agreed to enter into a Participation Agreement whereby the Agency assigns its rights and obligations under the Deed of Trust and Note to the Trustee. NOW, THEREFORE, in consideration of the mutual premises and covenants hereinafter set forth, and of other valuable consideration, the Owner and the City agree as follows: 1. Term of Restrictions. The term of the occupancy Restrictions set forth in Section 3 of this Agreement shall coincide with the term of the Bonds, commencing on such commencement date as is set forth in the regulatory agreement governing the Bonds, and • terminating on the latest of the following to occur: (i) payment in full of the Loan; (ii) termination of the Interest Reduction Payments by HUD; (iii) the earlier to occur of the date of prepayment of the Bonds or the maturity date of the Bonds which is thirty (30) years after the commencement date of the Bonds. 2. Project Restrictions. The Owner represents, warrants and covenants that: (a) The Project has been constructed for the purpose of providing multifamily residential rental property and constitutes multifamily residential rental property. (b) The Project consists of a building or structure or several proximate buildings or structures which are located on a single tract of land or contiguous tracts of land which may include facilities functionally related and subordinate thereto. (c) All of the units in the Project will contain complete living, sleeping, eating, cooking and sanitation facilities for a single person or a family. (d) None of the units in the Project will at any time be utilized on a transient basis, or used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, hospital, sanitarium or rest home. (e) All of the units in the Project will be leased, rented or available for lease or rental on a continuous basis to members of the general public (other than was 93864_22 \31948.1 \Shingle Creek 2 Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 6/20 RightFAX • units for a resident manager or maintenance personnel or units for Qualifying Tenants as provided in Section 3(a) hereof). (f) The Owner shall not restrict Qualifying Tenants from the enjoyment of unrestricted access to all common facilities and common areas of the Project. (g) The Owner shall not discriminate on the basis of race, creed, color, sex, handicap or disability, or national origin in the lease, use or occupancy of the Project, or in connection with the employment or application for employment of persons for the operation and management of the Project. (h) The Owner shall permit any duly authorized representative of the City or the Trustee to inspect the books and records of the Developer pertaining to the income of Qualifying Tenants residing in the Project. (i) The Owner has or will deposit with the City all necessary fees required by the City, including those required by the City in connection with the monitoring of compliance with this Agreement. 0) The Owner shall not convert units targeted for Qualifying Tenants to condominium or cooperative ownership during the Qualified Project Period without • prior approval of the City. (k) The Owner shall advise the City as to any proposed material changes in the number of units, size of units or unit mix and shall not make such changes without the consent of the City. (1) The Owner shall not refuse to rent units to persons or families receiving rental assistance under the provisions of section 8 of the United States Housing Act of 1987, solely because of such assistance. (m) The rents, as set forth on Exhibit D, and as they may be subsequently increased in accordance with subparagraph (p) immediately above, shall not exceed the Section 236 Basic Rent or the Section 236 Fair Market Rent, as applicable. The "Section 236 Basic Rent" shall be determined by calculating, on a per unit basis, the sum of. (i) payments on the Loan for the principal and a 1% interest rate; (ii) Operating Expenses; (iii) a vacancy factor; (iv) with respect to the Bonds, a debt service coverage factor, principal amortization, interest payments and such other expenses and fees to be paid in connection with the issuance of the Bonds; and (v) equity costs, return on equity, and such other costs associated with the equity investment.. The "Section 236 Fair Market Rent" shall be determined by calculating, on a per unit basis, the sum of. (i) payments on the Loan for the principal and market rate interest; (ii) operating expenses; (iii) a vacancy factor; and (iv) with respect to the Bonds, a debt service coverage factor, principal amortization, interest payments and such other expenses and fees to be paid in connection with the issuance of the Bonds; and (v) equity costs, return on equity, • such other costs associated with the equity investment. For purposes of this Agreement, "Operating Expenses" shall include all reasonable and proper expenses was 93864 22 \31918.1 \Shingle Creek 3 Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 7/20 RightFAX • of the operation of the Facility, including, but not limited to real estate taxes, ordinary maintenance and repair, costs of marketing and management, fuel, utilities, garbage disposal, sewer charges, audit expenses, all sums due or currently required to be paid under the terms of the documents executed by the Borrower with respect to the Bonds and any and all direct and indirect credit enhancement arrangements for the Bonds, or other amounts owing under other approved financings, any amounts required to be deposited in reserve funds or otherwise required to be paid, held, deposited or pledged under any of the foregoing documents, and such other payments as the Agency may require or specifically approve in writing as Operating Expenses. (n) The Facility shall be operated as decent, safe and sanitary housing in accordance with HUD's "Housing Quality Standards" as that term is defined by HUD at 24 CFR Part 882, Subpart A. 3. Occunancv Restrictions. The Owner represents, warrants and covenants that: (a) One hundred percent (100 %) of the units in the Project shall be occupied (or treated as occupied as provided herein) or held for occupancy by individuals or families of low or moderate income ( "Qualifying Tenants "), and such • units will be of comparable quality and will be a range of sizes and numbers of bedrooms comparable to those units which are available to other tenants. For purposes of this Agreement, individuals or families of low or moderate income includes by J individuals or families whose adjusted gross income does not exceed sixty percent (60 %) of the median adjusted gross income for the area (adjusted for family size), as adjusted gross income may from time to time be determined pursuant to Section 8 of the United States Housing Act of 1937, as amended, consistent with the requirements of Section 42. The determination of whether an individual or family is of low or moderate income has been or shall be made only at the time the tenancy commences or commenced, consistent with the requirements of Section 42. Any unit occupied by an individual or family who was or will be a Qualifying Tenant at the commencement of occupancy shall continue to be treated as if occupied by a Qualifying Tenant during their tenancy in such unit even though such individual or family subsequently ceases to be of low or moderate income. Any completed unit vacated by a Qualifying Tenant shall be treated as being occupied by such prior Qu alifyin g Tenant until reoccupied by another occupant, other than for a temporary period not to exceed thirty -one (31) days. (b) If a resident's family income increases (or family size decreases) so as to cause the family income to exceed one hundred forty percent (140 %) of the applicable income limit, the Borrower shall ensure that the percentage requirements of this Section shall continue to be met by providing the next available unit or units of comparable or smaller size to Qualified Tenants or by taking other actions to satisfy the percentage requirements of this Section. In determining whether such percentage requirements have been achieved, such requirements shall be complied with annually after any dwelling units in the Development are was 93864_22 \31948.1 \Shingle Creek 4 Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 8/20 RightFAX • occupied. (c) As a condition to occupancy, each person who is intended to be a Qualifying Tenant shall be required to sign and deliver to Owner a Low and Moderate Income Computation and Certification in the form attached hereto as Exhibit B (the "Certification of Tenant Eligibility"), in which the prospective Qualifying Tenant certifies that he or his family qualifies as being of low or moderate income. In addition, such person shall be required to provide whatever other information, documents or certifications are deemed necessary by the City or the Trustee to substantiate the Income Certification. There is no duty upon the Trustee to verify the accuracy of any certifications or documents provided to the City or the Trustee. (d) The form of lease to be utilized by the owner in renting any units in the Project to any person who is intended to be a Qualifying Tenant shall provide for termination of the lease and consent by such person to immediate eviction for failure to qualify as a Qualifying Tenant as a result of any material misrepresentation made by such person with respect to the Income Certification. (e) The Owner shall submit to the City the Certification of Tenant Eligibility (attached hereto as Exhibit B), and the Certification of Continuing Program Compliance (attached hereto as Exhibit. C) on a yearly basis and within thirty (30) days after any change in the occupancy of a unit in the Project. The Certification of Continuing Program Compliance shall specify the total number of dwelling units in the Facility and the number of units occupied by Qualifying Tenants as of the close of the Owner's fiscal year. (f) The Owner will report and remit directly to HUD any Section 236 "excess rents ", (rents collected which exceed the Section 236 Basic rent but not the Section 236 Market rent), if any, in the same manner as prescribed for similar Section 236 projects. In no event will any excess rents directly or indirectly flow back to the Facility unless authorized by HUD. The City shall not have any direct or indirect responsibility relating to the collection and/or remittance of Section 236 excess rent payments. 4. Rental Restrictions. (a) The Owner represents, covenants and warrants that once available for occupancy each unit in the Project will be rented or available for rental on a continuous basis. (b) The rental restrictions imposed by this Section may be enforced only by the City and only by an action for specific performance, but no violation of this Section shall give rise to any claim for monetary damages, nor shall any violation give rise to any lien on the Project, nor shall any violation be an event of default • under the Mortgage, any loan agreement between the City and the Owner relating wa8 93864_22 \31948.1 \Shingle Creek S Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 9/20 RightFAX r to payment of the Bonds, or the indenture agreement for the Bonds (the "Indenture "), except as set forth in section 6(d) hereof. (c) The restrictions of this Section shall apply from the date hereof through the Termination Date. The Termination Date shall be the date on which all sums due under the Loan Agreement are paid in full. 5. Transfer Restrictions. The owner covenants and agrees that the owner will cause or require as a condition precedent to any conveyance, transfer, assignment or any other disposition of the Project prior to the termination of the Rental Restrictions and Occupancy Restrictions provided herein (the "Transfer ") that the transferee of the Project pursuant to the Transfer assume in writing, in a form acceptable to the City and the Trustee, all duties and obligations of the owner under this Agreement, including this Section 5, in the event of a subsequent Transfer by the transferee prior to expiration of the Rental Restrictions and Occupancy Restrictions provided herein (the "Assumption Agreement"). The Owner shall deliver the Assumption Agreement to the City prior to the Transfer. 6. Enforcement. (a) The Owner shall permit any duly authorized representative of the • City, including the Trustee and the Mortgage servicer, to inspect the books and records of the owner regarding the Project and with respect to the incomes of Qualifying Tenants which pertain to compliance with the provisions of this Agreement. (b) The Owner shall submit any information, documents or certificates requested by the City or the Trustee which either of them deems reasonably necessary to substantiate the Owner's continuing compliance with the provisions of this Agreement. (c) The Owner covenants and agrees to give written notice to the City and the Trustee of any violation of the owner's obligations hereunder within five (5) days after first discovering any such violation, and the City covenants and agrees to inform the Owner by written notice of any violation of the Owner's obligations hereunder within five (5) days after first discovering such violation and to provide the Owner a period of time in which to correct such violation. If any such violation is not corrected to the satisfaction of the City and the Trustee, within the period of time specified by the City and the Trustee, or the Owner is not diligently proceeding to correct such violation if it is not possible to completely correct within the time specified which shall be at least thirty (30) days after the date any notice to the Owner is mailed, but not to exceed any limitations set by applicable laws, without further notice the City shall declare a default under this Agreement effective on the date of such declaration of default, and upon such default the Owner hereby agrees to pay the City out of surplus cash only any rents or other amounts received by the owner for any units in the Project which were in violation of this Agreement during ® the period such violation continued, and the City shall apply to any court, state or federal, for specific performance of this Agreement or an injunction against any was 93864_22 \31948.1 \Shingle Creek 6 Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 10/20 RightFAX violation of this Agreement, or any other remedies at law or in equity or any such other actions as shall be necessary or desirable so as to correct non - compliance with this Agreement. (d) Notwithstanding the foregoing, enforcement of this Agreement shall not serve as a basis for a declaration of default under the Indenture or acceleration of the debt evidenced by the Bonds or result in any claim against the Project, Project income, the Bond proceeds, the Mortgage loan proceeds, any reserve or deposit made with the Mortgagee, the Trustee, or another person or entity in connection with the Bonds for payment hereunder. 7. Reserved. 8. Aeent of the Citv. The City shall have the right to appoint an agent to carry out any of its duties and obligations hereunder, and shall inform the Owner of any such agency appointment by written notice. Unless this Agreement is amended with the approval of the Trustee, the agent of the City as permitted by this Section shall be the [HA]. 9. Indemnification. The Owner hereby indemnities, and agrees to hold harmless, the City and the Trustee from and against all liabilities, losses, damages, costs, expenses (including reasonable attorneys,' fees and expenses), causes of action, suits, • allegations, claims, demands and judgments of any nature arising from the consequences of a legal or administrative proceeding or action brought against them, or any of them, on account of any failure by the owner to comply with the terms of this Regulatory Agreement, or on account of any representation or warranty contained herein being untrue. 10. Interoretation. Any terms not defined in this Agreement shall have the same meanings as the terms defined in the Note andlor the Mortgage. 11. Amendment. No amendment to this Agreement may be made without the prior written approval of the Trustee, the City and the Owner. 12. Severabilitv. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions thereof. 13. Notices All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when mailed by certified or registered sail., return receipt requested, to the parties thereto at the addresses set forth below, or to such other place as a party may from time to time designate in writing. A duplicate copy of each notice. certificate or other communication given hereunder by the City or the Owner shall also be given to the Trustee at the address set forth below. The City, the Owner and the Trustee may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. The initial addresses for notices and other communications are as follows: • To The City: Brooklyn Center, Minnesota was 93864.22\31948. l\Shingle Creek 7 Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 11 /20 RightFAX Attention: To The Owner: Boca Limited Partnership 3005 Ottawa Avenue St. Louis Park, Minnesota 55416 To The Trustee: Attention: To the Equity Investor: Attention: 14. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota and, where applicable, the laws of the United States of America. 15. Limited Liabilitv of Owner. Notwithstanding anything to the contrary contained herein, the obligations of the owner contained in this Agreement or the Loan Agreement (except for payment of the expenses of the City under the Loan Agreement and ® indemnification of the City under the Loan Agreement) shall be limited obligations payable solely from the income and assets of the Project and no limited or general partner of the Owner shall have personal liability for the satisfaction of any obligation -of the Owner or claim arising out of this Agreement or the Loan Agreement against the Owner. 16. Distributions. The Owner is a limited dividend mortgagor pursuant to Section 236(b) of the National Housing Act, as amended, and as such is entitled to an annual distribution. For purposes of this Section 16, "Distribution" shall mean any withdrawal, taking or payment of any assets, earnings or income of the Facility excluding payments for current Operating Expenses of the Facility. The Owner shall be entitled to an annual Distribution of Surplus Cash as defined below. " Surplus Cash" means the balance of the Gross Income of the Facility remaining at the end of each fiscal year after payment of, or the reservation of funds for the payment of, Operating Expenses for such fiscal year. For the purposes of computing Surplus Cash, the Gross Income of the Facility shall include any rent, insurance proceeds but shall exclude fire or other insurance proceeds, condemnation proceeds, and any security deposit which shall not have become the property of the Owner free of the claim of any person claiming as or through the tenant having made such deposit. 17. Management of the Facility. The Owner shall provide for the management of the Facility in a manner reasonably satisfactory to the City, shall employ a management agent, develop a management plan, and use a management agreement acceptable to the City. The management agreement shall be subject to termination with cause by the Owner, or • with or without cause by the City in its sole discretion for the management agent's failure to operate the Facility in compliance with this Agreement, failure to meet HUD's previous was 93864 22 \31948.1 \Shingle Creek 8 Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 12/20 RightFAX • participation clearance (Form HUD -2530) criteria, failure to maintain Housing Quality Standards or failure to maintain the affordability restrictions pursuant to Section 3(a), and without penalty, upon not less than thirty (30) days prior written notice to the management agent. In the event of such termination the Owner agrees to make immediate alternative arrangements, reasonably satisfactory to the City, for the continued management of the Facility. In the event that the Owner shall fail to make such alternative arrangement within a reasonable time, which in no event shall exceed sixty (60) days from the date of the sending of the termination notice, the City shall have the unilateral right to make such alternative arrangements. The management agreement may be amended by the Owner only with the prior approval of the City (which approval shall not be unreasonably withheld, conditioned or delayed). • • was 9386, 22 \31918.1 \Shingle Creek 9 Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 13/20 RightFAX IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their respective duly authorized representative, as of the day and year first written above. CITY OF BROOKLYN CENTER, MINNESOTA By: Its Chair or Commissioner By: Its Secretary or Commissioner By: Its Executive Director • Approved as to form: By: City Attorney was 93864_22 \31948.1 \Shingle Creek 10 Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 14/20 RightFAX ACKNOWLEDGMENT STATE OF MINNESOTA } } COUNTY OF 1 The foregoing instrument was acknowledged before me this day of 1998, by and the and , respectively of the City of Brooklyn Center, Minnesota. Notary Public • • was 93864_22 \31948.1 \Shingle Creek 11 Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 15/20 RightFAX • BOCA LIMITED PARTNERSHIP By: Its General Partner By: Its: ACKNOWLEDGMENT STATE OF MINNESOTA } } COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1998, by the of • . the general partner of Boca Limited Partnership, a Minnesota limited partnership, on behalf of said limited partnership. Notary Public • was 93864 22 \31948.1 \Shingle Creek 12 Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 16/20 RightFAX • TRUSTEE By: Its: ACKNOWLEDGMENT STATE OF MINNESOTA } } COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1998, by the of[Trustee], on behalf of said association. r Notary Public • was 93864 22 \31948.1 \Shingle Creek 13 Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10 :33 PAGE 17/20 RightFAX • Acknowledged: U.S. Department of Housing and Urban Development By: Its: Insert Standard HUD Notary Acknowledgment • was 93864_22 \31948.1 \S1ingle Creek 14 Regulatory Agreement PEABODY & BROWN -WAS 3 -12 -1999 10:33 PAGE 19/20 RightFAX r EXHIBIT C CERTIFICATION OF CONTINUING PROGRAM COMPLIANCE Witnesseth that on this day of 19 _, the undersigned on behalf of ("Company"), having received proceeds of the City of Brooklyn Center, Minnesota Multifamily Rental Housing Revenue Bonds, Series 2, for the purpose of financing the acquisition and remodeling of a 122 -unit rental housing project located at 6221 Shingle Creek Parkway, Brooklyn Center, Minnesota (the "Development"), does hereby certify that the Development is in continuing compliance with the Regulatory Agreement (the `Regulatory Agreement ") dated as of . 199_, executed by the Company, with respect thereto and filed in the official public records of County, Minnesota (including the requirement that all units be and remain rental units), that a Certification of Tenant Eligibility is attached hereto for each new tenant in such Development since the filing of the last such certification and the same are true and correct to the best of the Company's knowledge and belief. Also attached hereto is a certification of Tenant Eligibility for each Qualifying Tenant (as defined in Section 4 of the Regulatory Agreement) currently occupying a residential unit in the Development, which Certification is required on a yearly basis. The Company certifies that as of the date • hereof at least 40% of the residential dwelling units in the Development are occupied or held open for occupancy by Qualifying Tenants, as defined and provided in the Regulatory Agreement. By: Authorized Signature was 93864_2 \31948.1 \Shing1e Creek Regulatory Agreement • EXHIBIT D RENT SCHEDULES One bedroom unit $505 - 630 Two bedroom unit $643 - 675 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE OF $7,200,000 IN REVENUE BONDS TO FINANCE THE ACQUISITION AND REHABILITATION OF SHINGLE CREEK TOWER AT 6221 SHINGLE CREEK PARKWAY AND APPROVING THE ADMINISTRATION OF SAID PROGRAM WHEREAS, pursuant to Minnesota Statutes, Chapter 462(0) (the "Act "), the City of Brooklyn Center, Minnesota (the "City ") is authorized to develop and administer programs to finance the acquisition and rehabilitation of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City; and WHEREAS, the City as received a request from Boca Limited Partnership, Y q P, a Minnesota limited partnership (the "Owner ") that it approve a program providing for the acquisition and rehabilitation of a 122 -unit residential facility for elderly residents known as Shingle Creek Tower at 6221 Shingle Creek Parkway, Brooklyn Center, Minnesota (the "Facility "). The acquisition and rehabilitation of the Project is to be funded through the issuance of up to $7,200,000 in revenue bonds to be issued by the City (the "Bonds "); and ® WHEREAS, the proceeds from the sale of Bonds will be used to fund a loan to the owner to finance a portion of the costs of acquiring and remodeling the Facility including the purchase of an existing loan (the "Loan") made under Section 236 of the National Housing Act, as amended ( "Section 236 "); and WHEREAS, in conjunction with the Loan, the U.S. Department of Housing and Urban Development ( "HUD ") makes "Interest Reduction Payments" to the Loan's mortgagee on behalf of the Owner so that the Loan bears interest at the rate of 1% per annum with principal payments based on a forty (40) year amortization schedule; and WHEREAS, the City will acquire the Loan using funds provided to the Owner from proceeds of the Bonds and from equity investment funding derived from an allocation of Low- Income Housing Tax Credits in accordance with Section 42 of the Internal Revenue Code ( "Section 42 "); and WHEREAS, upon acquisition of the Loan, the City will act as the "Holder" of the promissory note evidencing the Loan, and as the "Mortgagee" under the deed of trust securing the Loan, and in accordance with Section 236, the City will enter into a "Section 236 Interest Reduction Payment Contract" whereby HUD will make the Interest Reduction Payments to the City in its capacity as the Mortgagee; and WHEREAS, in accordance with the requirements of Section 236, the City will be responsible for monitoring the compliance of the Owner with Section 236 as set forth in a "Regulatory Agreement" to be entered into by and between the City and the Owner; and RESOLUTION NO. WHEREAS, the Interest Reduction Payments will decrease the cost of the debt service necessary to support the Loan, which in turn will (i) allow the Owner to charge lower rents to the residents of the Property, and (ii) increase the amount of funding available for the rehabilitation of the units, and thereby improving the quality of the affordable housing units being provided to qualified low- income families in accordance with the terms of the Regulatory Agreement; and WHEREAS, the City will not incur additional financial risk in the acquisition of the loan because the owner will be providing the necessary funds to acquire the loan, and the Owner will agree to indemnify and hold the City harmless for against any claims or financial losses that the City may incur in its capacity as the Mortgagee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, in accordance with the provisions of Chapter 462(C) of the Minnesota Statutes, does hereby consent to the use of a portion of the proceeds from the sale of revenue bonds issued by the City of Brooklyn Center for the acquisition of the Section 236 mortgage loan (the "Section 236 Mortgage ") encumbering that certain 122 -unit residential facility for elderly residents which is commonly known as Shingle Creek Tower located at 6221 Shingle Creek Parkway, in the City of Brooklyn Center, Minnesota (the "Property "); and BE IT FURTHER RESOLVED that the City shall act as the "Mortgagee" under the Section 236 Mortgage, and shall enter into a Section 236 Interest Reduction Payments Contract with the U.S. Department of Housing and Urban Development ( "HUD "), whereby HUD will make interest reduction subsidy payments to the City in its capacity as Mortgagee; and BE IT FURTHER RESOLVED that the City shall enter into a Regulatory Agreement with the Owner of the Property, and pursuant to the terms of the Regulatory Agreement, the City shall act as the monitoring and compliance agent for HUD in accordance with the Section 236 Interest Reduction Payments Contract. 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.