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HomeMy WebLinkAbout1996 10-28 CCP Regular Session Amended 10/25/96 • CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER October 28, 8, 996 7 p.m. 1. Call to Order 2. Roll Call 3. Moment of Silence 4. Council Report 5. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote • on the minutes. 1. October 7, 1996 - Special Work Session 2. October 15, 1996 - Regular Session b. Resolution Accepting Proposals for Banking Services & Financial Services C. Resolution Conveying City -Owned Land and a Trail Easement to the Suburban Hennepin Regional Park District for Park Purposes d. Site Performance Guarantee Release - Twin View Meadows Development (51st Avenue North, Northwest of France Avenue North) e. Licenses 6. Open Forum - Pastor Judy Fortara has requested to speak at Open Forum. 7. Planning Commission Items a. Planning Commission Application No. 96015 submitted by Landform Engineering Company requesting preliminary plat approval to subdivide into two lots the property • located at the northeast quadrant of 63rd Avenue North and Brooklyn Boulevard. The Planning Commission recommended approval of this application at its October 17, • CITY COUNCIL AGENDA -2- October 28, 1996 1996, meeting. -Requested Council Action: - Motion to approve Planning Commission Application No. 96015 submitted by Landform Engineering Company subject to the conditions recommended by the Planning Commission. b. Planning Commission Application No. 96018 submitted by Landform Engineering Company requesting special use permit approval for accessory off -site parking in the proposed Rainbow Garden City Addition comprehended under Planning Commission Application No. 96015. The Planning Commission recommended approval of this application at its October 17, 1996, meeting. -Requested Council Action: - Motion to approve Planning Commission Application No. 96018 submitted by Landform Engineering Company subject to the conditions recommended by the Planning Commission. C. Planning Commission Application No. 96019 submitted by Landform Engineering Company requesting preliminary plat approval to subdivide into three lots the 13.09 acre parcel of land located on the north side of Freeway Boulevard, westerly of the Schmitt Music site. The Planning Commission recommended approval of this application at its October 17, 1996, meeting. -Requested Council Action: - Motion to approve Planning Commission Application No. 96019 submitted by Landform Engineering Company subject to the conditions recommended by the Planning Commission. 8. Council Consideration Items a. Mayoral Appointment of Two Members to Serve on Housing Commission -Requested Council Action: -Mayor nominate two persons to serve on Housing Commission. - Motion by Council to approve nominations. b. Resolution Establishing Cold Weather Shut Off Moratorium for Residential Users -Requested Council Action: - Motion to adopt resolution. C. Resolution Calling for a Public Hearing by the City on the Modification of the Redevelopment Plan for Housing Development and Redevelopment Project No. 1 and the Modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 3 -Requested Council Action: • - Motion to adopt resolution. CITY COUNCIL AGENDA -3- October 28, 1996 • d. Resolution Amending City Council Resolution No. 91 -277, a Resolution Closing the g tY g 1976 Special Assessment Debt Service Fund and Transferring the Remaining Funds to the EDA Fund, the Capital Improvements Fund, the Special Assessment Construction Fund, and the Park Bonds of 1980 Debt Service Fund -Requested Council Action: - Motion to adopt resolution. e. Resolution Establishing Policy Regarding the Use of City Water Towers for Personal Wireless Service Facilities -Requested Council Action: - Motion to adopt resolution. f., An Ordinance Amending Ordinance No. 95 -02, as Extended by Ordinance No. 96 -4, Extending the Moratorium on the Siting of Adult Establishments -Requested Council Action: - Motion to approve first reading of ordinance and set public hearing and second reading for November 25, 1996, meeting. 9. Adjournment • EDA AGENDA CITY OF BROOKLYN CENTER October 28, 1996 7 p.m. 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following item is considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of this item unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. September 9, 1996 - Regular Session • 4. Commission Consideration Items a. Resolution Requesting the Hennepin County Housing and Redevelopment Authority to Operate the Minnesota Housing Finance Agency Community Fix-Up Fund Loan CITY COUNCIL AGENDA -4- October 28, 1996 • Program in the City of Brooklyn Center g ri Y -Requested Commission Action: - Motion to adoption resolution. b. Resolution Approving 53rd Avenue Development and Linkage Project and Project Budget and Amending EDA Resolution No. 91 -33, a Resolution Establishing Endowment Account and Authorizing Certain Housing Activities and Programs be Undertaken by the Economic Development Authority in and for the City of Brooklyn Center -Requested Commission Action: - Motion to adopt resolution. C. Resolution Approving Request for Proposal for Acquisition and Relocation Services for the 53rd Avenue Development and Linkage Project and Authorizing Staff to Solicit Proposals -Requested Commission Action: - Motion to adopt resolution. d. i Discussion with Marquette Advisors (formerly Marquette Partners) Regarding Earle Brown Heritage Center Report Updating and Advising for EDA -Requested Commission Action: - Presentation by James Klas, Marquette Partners. - Motion by EDA regarding direction to be taken. 5. Adjournment • 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 OCTOBER 7, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, Police Chief Scott Kline, Director of Public Services Diane Spector, Community Development Specialist Tom Bublitz, Director of Community Development Brad Hoffman, and Council Secretary Lorianne Ende. • COUNCIL ITEMS FOR DISCUSSION INVOCATION POLICY Phil Cohen and Dean Nyquist requested a meeting with two representatives of the Council and the Prayer Breakfast Committee setting, guidelines for the invocation at Council meetings. They provided information to the Council relating to Congress and the Legislature in Washington using invocations and the past and present history of invocations in the local government. They requested the Council review this information, possibly outline guidelines for the invocation, and reconsider reinstating the invocation. Councilmember Hilstrom questioned if guidelines were set and not met, what rights or procedures could the Council take. Mayor Kragness noted the Council would not have any way of knowing ahead of time what the invocation is going to say, and reviewing the prayer ahead of time would become an issue of censorship. Mr. Nyquist noted the invocation has been done in Brooklyn Center for the past 26 years, and from talking to the public, the response has been to continue the invocation. • 10/07/96 _1 _ DRAFT Mayor Kragness asked the Council if anyone wanted to meet with the Prayer Breakfast Committee • to create guidelines for an invocation; the consensus was they were not interested in doing so at this time. Councilmember Hilstrom provided documentation regarding past issues with the invocation and a survey of other communities which use the invocation. PRESENTATION BY SCOTT KLINE CHIEF OF POLICE MOBILE COMPUTING DEVICE (MCD) PROJECT UPDATE Police Chief Kline stated getting the MCD project up and running has been a source of extreme frustration for the Police Department and the Council because it has been dragging on for some years now. He provided the Council with a schedule from LOGIS for the installation of the MCDs in police squad cars, beginning October 7 and having live operations beginning November 1 -7. He described how the system is designed to perform, the training process, and funds allocated for the MCD project. Councilmember Hilstrom inquired if this system would become obsolete in the future or if it has the capability of being upgraded, such as software or carrier changes. Chief Kline noted the laptops would not be affected, but software upgrades or changes may be made in the future and possibly another carrier. He discussed LOGIS' commitment to the system • and what services they will provide. Councilmember Hilstrom inquired about LOGIS' failure to meet the schedule and time lines in place. The City Manager explained the problems they have had with getting this system in place in the past, what options they will have if the schedule isn't met, and the main driving factor for getting the MCD's in place. Councilmember Carmody inquired what funds have been disbursed for this project at the present time and what will result if LOGIS defaults on the contract. Chief Kline described the funds allocated for the MCD project and noted if there was a default, the Police Department could use the laptops for other purposes within the Department. He noted the computers are currently at LOGIS being installed with the software. Councilmember Nichols inquired if they would use satellite or radio, and what would happen if one computer in a vehicle goes down. Chief Kline noted that each laptop will be loaded and set up separately. He also noted they will use radio transmitters instead of satellite service. • 10/07/96 -2- DRAFT • Councilmember Mann inquired about the Badger system and whether it will be compatible with the County system. Chief Kline noted as it stands now, they will be able to use them with the County. Councilmember Nichols inquired as to what legal action the City has if the contract obligations aren't met. The City Manager explained the contractual relationship was between the City and LOGIS and not the suppliers to LOGIS. Councilmember Hilstrom asked if she needs to be concerned with LOGIS changing their financial systems and what implications there may be on the MCD program. The City Manager explained they can continue the MCD program even if the financial system is changed to a vendor other than LOGIS. Councilmember Hilstrom stated the Council would appreciate being informed of the progress of the program and whether or not the system was working. The City Manager advised a report would be given to the City Council at its first meeting in November. DISCUSSION OF CORRESPONDENCE FROM REP CARRUTHERS REGARDING HISTORICAL SOCIETY The City Manager explained the offer by Representative Phil Carruthers to sponsor legislation regarding an historical museum. Councilmembers Hilstrom and Carmody supported not accepting the request because there are other projects that are of priority at this time that may require legislative assistance, including Brookdale. The Council was in agreement with that recommendation to concentrate on the Brookdale needs at the legislature. 1996 RECREATION FUNDING REQUEST: YOUTH FOOTBALL The City Manager explained there is nothing in the budget materials that would say funds were specifically approved for this program, and for purposes of this year's budget, there is no legal obligation of the City to supply the program with money for equipment. He noted the Park and Recreation Commission and Recreation Director may have created an expectation without authority from the Council that they would get assistance with equipment in 1996. He stated the City has successfully communicated to everyone it is the City Council that decides what happens and that for 1996, those monies won't go out unless the Council decides to do so. Councilmember Hilstrom asked if there was any documentation that went to the Youth Football Program from the Recreation Department or the Park and Recreation Commission to get the expectation they were going to receive funding. 10/07/96 -3- DRAFT Ms. Spector noted in 1995, when the Human Rights and Resources Commission started going • through the process of reviewing applications for funding for social service programs, the request was reviewed and went through the Human Rights and Resources Commission which provided youth football as one f Q o those applications Y ions that had been ranked high en Q enough t PP o merit fundm . b g . b She noted is was Mr. Mavis' understanding that the Council did not remove the $5,000 funding earmarked for 1996 programs, and he operated under the assumption that Council directed staff to provide funding for the youth programs; $5,000 was included in the budget that was not eliminated for 1996. Councilmember Carmody noted it is not the fault of youth football that they had this expectation, and being as the season is almost over, they should get the funding. Councilmember Mann noted the funding has been set aside for 1996, and questioned whether there are any other groups believing they'are also getting funding. The City Manager explained the hockey program received money from the City working at the Dudley tournament. Football is the only program looking for funding in 1996. Mayor Kragness described this program as being run by volunteers and noted what the $2,000 is going to be used for. Councilmember Carmody noted there has been an agreement the City would pay and they really shouldn't o back on that agreement. She suggested the a the d year with the clear g gr gg y y funds this P Y intention of not funding it again. Councilmember Hilstrom inquired when they came under the presumption they were going to get funding. The City Manager explained the situation and how the expectation was created before June. Mayor Kragness noted the money is available, the assumption was made, and recommended the invoice submitted be paid, but to make sure the message is clear about future funding. The Council unanimously agreed with this recommendation. 1997 SOCIAL SERVICE FUNDING REQUESTS: DISCUSSION The City Manager addressed the 1997 social service funding requests and asked how the Council wished to proceed. Councilmember Hilstrom noted street stabilization program and $80,000 in another area. She indicated streets are something that the Council has to do as part of providing core services in the City, and if people can't afford the streets, then she has a problem funding some of these programs. 10/07/96 -4- DRAFT Councilmember Carmody noted there are basic services the City has to provide, but this is a • different budget theory, and they are too far into the budget to do that. Discussion continued regarding the different projects being funded, the importance of those projects, and what projects are being eliminated. It was decided the Council would decide specific funding allocations at its October 21, 1996, work session. GENERAL B DGET OVERVIEW /CAPITAL PROJECTS FOR 1997 DI CUSSION The City Manager gave a broad overview of the capital projects, billing items, and discussed the 53rd Avenue street ro'ect being substantially g P J g lly hi than reviousl noted and P Y various ways to pay for this project. He also reviewed the potential project for Brookdale Pond, Brooklyn Boulevard, Orchard Lane, France Avenue, Fire Station, and Police /City Hall projects. He discussed the issues for 53rd Avenue as they relate to the neighborhood, the impact pros and cons, and the funding impacts for this particular project. Councilmember Carmody inquired if CDBG funds were requested for the 53rd Avenue project. Community Development Specialist Bublitz discussed the funding used by the CDBG. The City Manager noted this project funding could be a risk. t Councilmember Carmody inquired if Brooklyn Boulevard will be repaved to make it safer in the interim, and whether the City is being charged for that. Ms. Spector noted it would be a County project at their costs. Unless utilities or sidewalk repair is involved, which would be the City's responsibilities. Mayor Kragness asked what the status of Brookdale is at the present tune, and whether there is movement in regard to a sale. Community Development Director Hoffman informed the Council that Brookdale is in foreclosure but has until December 15, 1996, to conclude a sale or find a buyer; and if they don't have a buyer at that time, it reverts to Equitable and Equitable will have control of it by December. He stated his belief is that Equitable is taking over and that Brookdale will be the "engine" that drives of a lot of these projects. Discussion was held by the Council regarding the 53rd Avenue project and neighborhood concerns. Councilmember Carmody inquired of the 18 or 20 homes on the 53rd Avenue project that need relocating, how many of the homeowners were for or against it. • 10/07/96 -5- DRAFT Mr. Bublitz noted it was a mixed response, but many of the homeowners were keeping an open • mind. He stated there are still unanswered questions and many homeowners are confused and concerned about how this will impact them. Discussion was held by the Council regarding the 53rd Avenue project and concerns about homeowners in the process of bankruptcy, pros and cons of proceeding with the project, how Brookdale will dramatically impact what happens with this project, and safety and impact issues. Councilmember Nichols noted there are approximately four different options or scenarios regarding this project and asked if each have been costed out. The City Manager explained that the alternate areas to spend the funds on are Brooklyn Boulevard, which staff didn't cost out. Councilmember Hilstrom noted Northbrook Mall would probably want to have something done if Brookdale goes through. Mr. Hoffman informed the Council that Northbrook is currently going through bankruptcy. Discussion ensued by the Council regarding Northbrook Mall, past and potential street projects, and Dayton's Home Store relocating. Councilmember Carmody recommended the Council look at balancing projects most in need • because of necessity, such as 53rd Street because of the growing decline and the possibility of loss of revenue if the home market deteriorates. The City Manager described the cash flow situation coming in and delayed funding four to five years out, discussed the identified funding sources and a blend of proceeds for the funding of the 53rd Street project, and what funds were available in the trust and EDA fund. Councilmember Hilstrom concurred with Councilmember Carmody that something needs to be done on 53rd Street in order to stabilize the neighborhood. The City Manager discussed the pros and cons of this project being cost effective. Councilmember Hilstrom asked what the implications were over acquiring the property and then no developers wanting to develop the property, i.e. worse case scenario. • 10/07/96 -6- WHAFT Mr. Hoffman advised he has spoken to several contractors who would be interested in developing • the property. The City Manager expressed concern about putting the project off too long and interest rates rising. He went on to discuss worse -case scenarios with regard to the project. Discussion by the Council continued regarding the 53rd Avenue project, neighborhood concerns over Bellvue Park and final design, lot sizes, and possibly including more lots in the total development. The City Manager explained the proposed projects for the Fire and Police /City Hall projects, showed a layout of the proposed Police /City Hall design, and discussed bond issues and cost factors. Councilmember Hilstrom asked what are the options regarding an off -site Police Department. The City Manager noted staff could add the funds together but the site wouldn't be adequate because of the need for land /parking space for the squad cars and operational efficiencies by having the Police connected with City Hall. BROOKLYN BOULEVARD OPTIONS AND DISCUSSIONS • The City Manager noted his discussion with Hennepin County regarding the median concept and noted the concern of business owners and residents with traffic with the median. He noted 68th Avenue will be an issue, but by having better on/off lanes, it would provide for better movement of traffic. Councilmember Hilstrom asked what the implications were regarding the car dealerships being affected by the median and the potential for losing customers. She also noted concern over having to add a third lane. Discussion was held by the Council regarding the impact of the proposed median concept and third lane design. Ms. Spector described three options available. She also noted that without constructing the additional lanes, they won't meet the intent of the ISTEA grants. Discussion occurred by the Council regarding the various options proposed for Brooklyn Boulevard. LIQUOR DRAFT BUDGET /COMMUNICATIONS TOWER POLICY • 10/07/96 -7- Un"Arm I ADJOURNMENT • Motion by Councilmember Carmody and seconded by Councilmember Nichols to adjourn the meeting at 11 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Lorianne Ende TimeSaver Off Site Secretarial • • 10/07/96 -3- -- i DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF %IIj NIESOTA REGULAR SESSION OCTOBER 15, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by tMavor LNIvma Kragness at 7 p.m. ZY ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen N'lann, and Charles F. Nichols, Sr. Also present were City iVtanager Michael J. McCaulev. Director of Service Public Services Diane Spector, Planning anrun P and Zoning � Specialist Ron Warren, Community Development Specialist Tom Bublitz, Director of Community Development Brad Hoffman, and C ecretar Council Sy Stephen Sydow. . • MOMENT OF SILENCE A moment of silence was observed. MUNI NIL REPORT There were no Council reports. APPROVAL F A TFVn a A M CONSENT 4GENDA tilavor KraQness stated a request had been made to remove the minutes of the August 8, 1996 Special Work Session for further clarification (item 5a(1) on the consent agenda). Councilmember Carmody requested item 5d be removed from the consent agenda and placed at the end of Council Consideration Items. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the October 15, 1996, agenda and consent agenda with the removal of item 5a(1) and to place item 5d at the end of Council Consideration Items. The motion Passed unanimously. • 10 /1- 5 /96 0 I.,r96 -1- APPROVAL OF titINUTES F T There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the minutes of the September 9, 1996, Regular Session: September 16, 1996, Joint Session with Brooklyn Park City Council; September 23, 1996, Special Session; September 23, 1996, Regular Session; September 30, 1996, Special Session; and September 30, 1996, Joint Session with Charter Commission. The motion passed unanimously. APPOINTMENT OF ELECTION JUDGES There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the appointment of additional elections judges for the November 5, 1996, General Election. The motion passed unanimously. RESOLUTION NO. 96 -201 Councilmember Mann introduced the following resolution and moved its adoption: RESOLUTION EYPRESSNG RECOGNITION OF BARRY JENSEN FOR HIS ACHIEVEMENT N SWTIN/ NG 500 MILES IN THE BROOKLYN CENTER POOL The motion for the adoption of the foregoing resolution was duty seconded by Councilmember Carmody and passed unanimously. RESOLUTION NO. 96 -202 Councilmember Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 1997 -04, 05, AND 06, FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and passed unanimously. RESOLUTION NO. 96 -203 Councilmember Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING A GIFT OF 51,000 FROM CRACKER BARREL OLD COUNTRY STORE FOLivDATION TO PL.A T EVERGREEN TREES hi EVERGREEN PARK • 10i 1 Si96 -2- The motion for the ado tion of the foreoin�T I) P _ ,resolution was dul} seconded by Councilmembe g r Carmody and passed unanimously. • AN ORDINANCE A PARTOF � v .-� SANITARY SEWER EASEMENT WITHIN TRACT C. REGISTERED LAND TRY EY NT "N1BFR l X77 There was a motion by Councilmember Mann and seconded by Councilmember C armody t o approve for first reading An Ordinance Vacating Part of a Sanitary Sewer Easement within Tract C. Registered Land Survey Number 1377. The motion passed unanimously. The second reading and public hearing will be scheduled November 12, 1996, at 7 p.m. or as soon thereafter as the matter may be b heard. AN ORDNANCE VACATING PART OF A UTILITY EASEMENT AT LOT 2. BLOCK 1 SANDER ERICKSON ADDITION There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve for first reading An Ordinance Vacating Part of a Utility Easement at Lot 2, Block 1, SANDER ERICKSON ADDITION. The motion passed unanimously. The second reading and public hearimv will be scheduled November 12, 1996, at 7 p.m. or as soon thereafter as the matter may be heard. RESOLUTION NO. 96-204 Councilmember Mann introduced the following resolution and moved its adoption: y RESOLUTION ACCEPTN WORK •R.Tt rERFORMED, ANA AUTHORIZING FINAL PAYMENT. II PROJECT NO. 1996 -13, CONTRACT 1996 -E, PLAYGROUND REPLACEMENT AT GRANDVIEW, GARDEN CITY, KYLA`VN. iVIARLIN, RIVERDALE, AND WEST PALMER PARKS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and passed unanimously. RESOLUTION NO. 96 - 205 Councilmember Mann introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING 52,000 FROM THE 1996 GENERAL FUND BUDGET TO THE YOUTH FOOTBALL PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and passed unanimously. • 10113/96 D R AFT RESOLUTION NO. 96 - 206 Councilmember Mann introduced the following, resolution and moved its adoption: � _ P .i RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 10/15/96) The motion for the adoption of the foregoing resolution was duly seconded by Councilmembe- Carmody and passed unanimously. LICENSES There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approved the following list of licenses. The motion passed unanimously. MECHANICAL SYSTEMS Kraemer Heating 7441 Dallas Court RENTAL DWELLNGS Initial: Brooklyn Center Leased Housing Associates Ltd. Partnership Summerchase Apartments Richard Koblitz 5313 Camden Ave. N. Eddy iM. Day 5401 Penn Ave. N. Wolfgang and Kathleen Griesser 1703 69th Ave. Ni. Renewal: TLN La Nel Twin Lake North Apartments Randall Cook 5347 Brooklyn Boulevard Randall Tyson 5137 -39 France Ave. N. Joseph Korman 5321 Morgan Ave. N. John and Gail Lambert 5900 Washburn Ave. Ni. SIGN HAN GER A LaPointe Sian 6600 Oxford Street Siamcrafters v 7775 Main Street NE OPEN FORUM There were no requests for open forum. • 101 15196 -4- ML _,AFT PUBLIC HEARING • RESOLUT TG 1996 URBAN HEN COUNTY COt'viMt n1ITY DEyELOPNtENT BLOCK GRANT FL FRO41 SCATTERED SITE REDEVELOPMF_NT PROTECT TO 53RD AVENUE DEVELOPMENT AND LINKAGE PROJECT City VMager McCaulev gave an overview of the proposed 53rd Avenue Development Project. Mr. itilcCauley explained the proposed project involved the acquisition of approximately 26 properties along 53rd Avenue North from 4th Street to Bryant Avenue North. It would also include some houses on Camden and Bryant Avenues. A green strip would be created aiong 53rd Avenue North with walk paths and bike paths and include a fence similar to the fence on 69th Avenue North to separate the green space from the housing development. ivir. McCauley stated this project has been previously discussed over the past ten years. This project would also include linkages to the proposed Hennepin County trail and park system north of Lyndale and also to the proposed Minneapolis bikeway, parkway, and playground project south of Lyndale. This linkage would enhance the southern entrance to the City of Brooklyn Center. iVlr. McCauley explained the houses proposed for removal are properties which the City has had code violations due to the age, size, and condition of the properties. He explained that property values in this area have not increased over the past six years, but remained stagnant. The time frame for acquisition of the homes would begin with negotiating with the homeowners and 's proposed to complete acquisition of the housing by the close of the school year next sprinJsummer and to begin development in August' September 1997. The funding for this proposed project comes from Community Development Block Grant Funds and also Economic Development Authority Funds and a minor portion would.come from the utility fund. The estimated cost of this proposed project is 33? million and has increased from the initial • estimation of approximately S2 million due to costs related to relocation and appraisals. Those persons who would be displaced would be offered fair market value for their homes plus relocation assistance. The Brooklyn Center School District has indicated a desire to work with dislocated persons in locating another home in the Brooklyn Center School District. VIr. McCauley indicated that at the neighborhood meeting there were a mixture of responses to this proposed project. Residents were concerned about access to Bellvue' Park. Mr. ivlcCaulev indicated this can be iscussed and worked out with the neighbors in the final design phase. There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to'open the public hearing. The motion passed unanimously. Mary Haley, 5306 Bryant Avenue North, addressed the Council with concerns regarding the Proposed project. Ms. Haley explained that the booklet which was distributed at the neighborhood meeting included a paragraph regarding identifying physical features for certain areas of the City which defined a neighborhood. The booklet indicated the southeast comer of Brooklvn Center does not have an identifying physical feature and this proposed project would create such ' a feature as an important part of the reinvigoration of the neighborhood to set it apart and make it unique and attractive. Ms. Haley has lived in her home for 12 % years and was attracted to the southeast neighborhood by Bellvue Park and the Brooklvn Center School District because of its small size. She said the southeast neighborhood offers the presence of a small town feeling. She indicated both • 10/15/96 _;_ - DRAFT her and her husband have been involved in Brooklyn Center. and she is saddened to see her home and her neighborhood considered aging and in need of reinvigoration. She concluded by stating, that the things that make the southeast neighborhood are the people and the parks, and she hopes the City 1 Council will not replace that preservation with a green strip. Tim Olson. 516 53rd Avenue North, addressed the Council with concerns regarding the proposed project. Mr. Olson questioned why 53rd Avenue was chosen for a redevelopment project. He indicated the Mississippi River is a unique feature for the southeast neighborhood. He questioned why 25 homes must be destroyed in order to build 14 new homes. He said this project will not block Minneapolis from Brooklyn Center. He was concerned that the City gave such short notice to the residents who would be displaced. He is involved in the City in the Adopt -a -Park Program and Earle Brown Days. He does most of his shopping in Brooklyn Center. He concluded by saving he believed Brooklyn Center does not need projects like this but should instead build up concerns for its citizens and community. There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the public hearing. The motion passed unanimously. Councilmember Carmody addressed some of the citizen concerns. She stated the project could not be any larger because it is all the City can afford at this time. She stated the southeast neighborhood has the highest percentage of rental property. In regard to the timing of the meeting, she believed it is better for residents not to have to worry whether their home will be acquired or not for an extended period of time. Councilmember Hilstrom said when the Earle Brown Heritage Center was proposed two studies were done, the Marquette Study and the Maxfield Study, and both indicated the City needed to do something with the southeast neighborhood to prevent the spread of urban decay. Mayor Kragness stated it takes a lot of money to do redevelopment projects. She said the Citv must start with a small project and work up to the large project. Councilmember Mann agreed the City must do something to stabilize the property values. RESOLUTION NO. 9 Councilmember Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REPRO GR 2 1996 URBAN HENNEPN COUNTY CO&IMU -iITY DEVELOPivIENT BLOCK GRANT FU FROM SCATTERED SITE REDEVELOPMENT PROJECT TO 53RD AVENUE DEVELOPtiIENT AND LNKAGE PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Kathleen Carmody and passed unanimously. v 10/ 15/96 -6- „ DRAFT AN QR ANCE A' CHAPTER 12 OF THE CITY ORDINANCES REL ATNG T {7 THE LICENSING OF RENTAL DWELLTNC' T j - NITS 1 City Manager McCauley indicated this ordinance would provide streamlining, and efficiency of the rental housing licensing ordinance. This ordinance was approved for first reading on September 23, 1996. and is offered this evening for a public hearing and second reading. There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the public hearing. The motion passed unanimously. No public input was offered. There was a motion by Councilmember Hilstrom and seconded by Councilmember Nichols to close the public hearing. The motion passed unanimously. ORDNANCE N0. 96 -14 Councilmember Carmody introduced the following ordinance and moved its adoption: AN ORDNANCE AlNIENDNG CHAPTER 12 OF THE CITY ORDINANCES RELATING TO THE LICENSING OF RENTAL D v ELLNG UNITS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Mann • and passed unanimously. C, AN ORDTN NCE VA (” A TT\1 TILITY EASEMENT AT LOT 6 BLOCK l JOHN RYDEN SECOND ADDITION City )Tanager McCauley stated this is a request from the property owner at 2.113 55th Avenue North to vacate a utility easement along the back line of their property to allow them to construct a new g rage. There was a motion by Councilmember Hilstrom and seconded by Councilmember Nichols to open the public hearing. The motion passed unanimously. No public input was offered. There was a motion by Councilmember Nichols and seconded by Councilmember Hilstrom to close the public hearing. The motion passed unanimously. ORDNANCE NO. 96 -1 Councilmember Kathleen Carmody introduced the foilo«ing ordinance and moved its adoption: • 10/15;96 -i- DRAFT AN ORDINANCE VACATNG A UTILITY EASEMENT AT LOT 6, BLOCK 1. JOFN R�'DEN SECOND ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Charles Nichols and passed unanimously. PLANNNG COMMISSION ITEM PLANNNG CONiiViISSiON APPLICATION NO. 96016 SI BL*vIITTED BY HUNERBERG CONSTRUCTION COMPANY Planning and Zoning Specialist Warren introduced Planning Commission Application No. 96016 submitted by Hunerberg Construction Company requesting site and building plan approval for an 1,800 sq. ft. expansion to the Douglas Metal Specialities operation at 4 912 France Avenue North. iVtr. Warren indicated the property is located along the east side of France Avenue approximately midway between the Soo Line Railroad tracks and 50th Avenue North. This addition would enclose the loading area and provide an overhead door along the east side of the building. vlr. Warren indicated when Planning Commission Applications like this are received the City takes the opportunity to ensure compliance with current zoning and site requirements. He reviewed the parking requirements and indicated approximately four more parking stalls would be needed for this addition. Mr. Warren indicated iVlr. Hunerberg is present if Council had questions. Councilmember vlann asked how this addition would fit into the City's Comprehensive Plan. Mr. Warren indicated it does work into the Comprehensive Plan for this _industrial area. He also indicated the applicant will be upgrading the exterior of the building. There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve Planning Commission Application No. 96016 submitted by Hunerberg Construction Company requesting site and building plan approval for an 1,800 sq. ft. expansion to the Douglas Metal Specialties operation at 4912 France Avenue North subject to the following conditions recommended by the Planning Commission: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. ?. Grading and drainage plans are subject to review and approval by the City Engineer prior to the issuance of permits. �. 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. Anv outside trash disposal facilities shall be appropriately screened from view. 10/1-5/96 -8- DR ,.. <-\n underground imzation system shall be installed in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive ofsignery which is subject to Chapter 3-1 of the City Ordinances. 7. B -612 curb and gutter shall be provided at the east end of the parking lot to assist site drainage in this area. s• One existing parking space shall be designated for handicap parkin, with the proper si,nage. The motion passed unanimously. COUNCIL CONSIDERATION IT CIS AN ORDNANCE AXX=NDING CHAPTER 6 OF THE BROOKLYV CENTER CIT�c' CHARTER SECTION 6.02 S TBD. .,(a) I Tim Willson, Charter Commission Chair, addressed the Council regarding the proposed ordinanc amending the City Charter. Mr. Willson explained that the Charter Commission has worked on this amendment for most of the year. He said a sub - committee met to study this proposal and then made its recommendation to the full Charter Commission. The amendment would remove the last line of Section 6.02 Subdivision 3(a) of the City Charter which reads. - Appointment and removal of department heads shall be made final only upon a majority vote of the Council." He indicated this • would keep the political process out of the approval of appointments and terminations of department . - heads. Mr. Willson said Minnesota Statutes 410.12, Subdivision 7 authorizes the Charter Commission to recommend Charter amendments by ordinance with unanimous vote of the Council. There was a motion by Councilmember Hilstrom and seconded by Co uncilmember . - Iann to approve for first reading An Ordinance amending Chapter 6 of the Brooklyn Center City Charter; Section 6.02 Subd. 3(a). The motion passed unanimously. The second reading and public hearing will be scheduled for November 12, 1996, at 7 p.m. or as soon thereafter as the matter may be heard. SET DATE AND TIME FOR CANVASS OF NOVEMBER 5. 1996 GENERA ELECTION There was a motion by Councilmember Cannody and seconded by Councilmember Hilstrom to schedule the canvass of the November 5, 1996, General Election to be Wednesday, November 6. 1996, at 5 p.m in the City Hall Council Chambers. The motion passed unanimously. PRIv :ATE KEN�iEL LICEN E 6421 BRYANT AVENUE NORTH There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve a private kennel license for Jana Lynn Roberts. 6- 21 Bn-ant Avenue North. to keeo four cats. The motion passed unanimously. • 10, 13 96 -9- D NRIV;ATE KENNEL LICENSE - 6312 FR.�CE .LVENI jE NORTH There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve a private kennel license for Patricia Shogren and Bradlev Shogren, 6312 France Avenue North. to keep three dogs. The motion passed unanimously: RESOLUTION NO 96 -x'04 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PUBLICATION OF THE NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONtiIENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE 53RD AVENUE DEVELONMENT AND LINKAGE PROJECT N THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was -duly seconded by Councilmember C r. armodv and assed unanimously. arumously. _ COVERAGE OF I995 OPERATING LOSSES AT E RLE BRO N HERITAGE CENTER City Manager McCauley stated this report is in response to questions raised by GIs. Nancy Carlson at the September 23, 1996, City Council meeting. NMr. McCaulev said at the close of 1995 there was an operating deficit at the Earle Brown Heritage Center, and in order to close out the end of year transactions, there was a transfer of funds; however, it was an error to not have brought the transfer of funds before the City Council for approval. He indicated there are two issues relative to this matter, the first being whether or not the actions taken by the Finance Director have legal implications. He referenced the City Attorney's written opinion regarding this. The second issue is whether the handling of the operating losses at the Earle Blown Heritage Center for 1995 were correctly handled. ivlr. McCaule said he is seeking the direction from City Council either to study o erect staff to this further or t ' d' g r epare resolutions would ratify the Loan from the combined funds to the ED A or identify a different source of funding for either 'a loan or a grant. Councilmember Mann indicated that since 1939 the Council has been receptive to try new methods to cover operating expenses at the Earle Brown Heritage Center, including a new management company and food service company. She said before she can finalize the transfer, something has to change to make the Earle Brown Heritage Center cost effective. She believes it is an asset to the community, however not at any cost. Councilmember Hilstrom raised concerns regarding the written opinion of the City Attorney. She said til:r. LeFevere's opinion states that this transfer does not fall under the Charter because it is not an interfund loan but a loan between the EDA and the City. She said the Council has a police addressing interfund loans and loans to enterprise funds which indicates that the loan must be paid • 10, %15;'96 -10- DRAF back in ten years. She is concerned that this money is not being paid back to the City. She xK • questioned what the City can do as far as rules and policies so this doesn't happen again. - The City Attorney responded that even with safeguards, mistakes can happen. He suggested three options: 1) Charter amendment to require City Council to adopt ordinance in order to make a transfer to another public entity, such as a school district, EDA, County, etc.; 2) provision of ordinance that no such transfers be made except by ordinance; or 3) require by ordinance that the transfer must be done by Council resolution. Mr. LeFevere said the EDA is a separate legal entity from the City, and it is a technicality but the Charter relates only to interfund transfers between and among City funds. He indicated this transfer was a procedural error not rising to the level of illegality in the sense of criminal activity, and it shouldn't happen again. There was a lengthy discussion among Councilmembers regarding the operation of the Earle Brown Heritage Center. Specifically, Councilmembers are concerned that the facility continues to lose money and that loans cannot be paid back to the City. Councilmembers discussed options to make the Earle Brown Heritage - Center a financially secure operation. Councilmember Hilstrom recommended an outside expert be brought in to determine what -can be done at the Earle Brown Heritage Center. Mayor Kragness indicated the Earle Brown Heritage Center is coming into the black this year and making a profit. Councilmembers agreed before any action can be taken on this item something needed to be done regarding the Earle Brown Heritage Center. There was a motion by Councilmember Hilstrom and seconded by Councilmember Nichols to table , • discussion of the Earle Brown Heritage Center to the next work session to have further extended y , discussion regarding its operation. The motion passed unanimously. POLICY FOR INST T LATTON OF WIRELESS COMMUNICATION ANTENNAS ON CITY W ATER TOWERS City Manager McCauley informed Council there was no action requested of the Council this evening regarding this policy. He said the League of Minnesota Cities drafted a policy and the City was trying to incorporate it for use on the Brooklyn Center water towers. He indicated one of the priorities of this policy is to ensure no interference with the City's communications equipment. He said the ro osed p p monthly lease rate would be $1,000 per site. He requested any Council comments regarding the policy. Councilmember Nichols recommended the Metropolitan Airports Commission review this policy. Councilmember Mann questioned if City's are required to reasonably accommodate these antennae. Mr. McCauley responded affirmatively, however "reasonably accommodate" still needs a clear definition. The City Attorney indicated the law means the Federal Communications Act may restrict the City in its efforts to refuse to allow towers in the City, but they may not restrict you to set a policy regarding public facilities such as water towers. • 10/15/96 -11- r I Councilme . miler Mann asked tt the 1,000 per month fee could be tncreased. LIr. Lv(cCauleV indicated this is an approximation, and the City would price itself for marketability and competitiveness compared with other cities. ,. Councilmember Nichols indicated he would prefer.to see the ,policy be tTexible enough so. that when F technology changes the policy can be adjusted accordingly. RESOLUTTON E -r ABLISHING IMPROVEiyIENT PROJECT NOS 1997 01 Oo ANTS O, ORCHARD L ENE WEST STREET STOR:�i DRAINAGE AND TTLITY IIiPROVELMENTS AND ACCEPTN r OUOTATTnNs FOR ANTTARY" AND ST ORN SEWER T LEVTSNG Councilmember Carmody indicated she had concerns regarding this project because she would prefer to see City staff work on Brooklyn Boulevard as a priority with regard to safety issues. L'VIr. McCauley stated that personnel working on Brooklyn Boulevard would be different nom the personnel who would work on the Orchard Lane West Project. He said the Brooklyn Boulevard Project is a Hennepin County Project and the City has been meeting with Hennepin County staff discussing getting the Brooklyn Boulevard Project moving along. He said the City will continue to monitor and meet with Hennepin County regarding the Brooklyn Boulevard Project. RESOLUTION NO. 96 -209 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHNG IMPROVEMENT PROJECT NOS. 1997 -01. 02, AND 03, ORCHARD LANE WEST STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, AND ACCEPTNG QUOTATIONS FOR SANITARY AND STORM SEWER TELEVISING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and passed unanimously. ADJOURNMENT There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 3:35 p.m. The motion passed unanimously, City Clerk Mavor 10/15/96 _I ,_ -5b • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director H Tim Johnson, Asst. Finance Directorl- DATE: October 24, 1996 SUBJECT: Requests for Proposals for Banking & Financial Services We have reviewed in detail the proposals submitted by Marquette Bank Brookdale and Norwest Bank. The proposals included options to continue the current practice of receiving no interest on our balance while paying no fees and options to receive interest on our balance and pay fees. We recommend the City accept the Marquette Bank Brookdale proposal for banking and financial services. Option III - "Checking Account Service - Earnings Credit Applied to all Fees" appears to offer the best value to the City. Based on our analysis, the City would have to maintain approximately $272,000 in the checking account to offset monthly bank fees. If the City failed to maintain an average balance for the month of $272,000, the City would incur bank fees as a result of the shortfall. If the City had a balance over the $272,000 target balance, the excess funds would be swept into an overnight investment and interest would be earned on daily basis. Since the interest rates offered were comparable in the two proposals, P P P Marquette was selected because the estimated bank fees would be $175 less per month than the Norwest proposal. By selecting Marquette's proposal, the checking account balance needed to' offset the bank fees is $47,000 less than Norwest's proposal. See the attached worksheet, numbered page two, for details on the banking fees proposed by each bank. As part of our analysis of Marquette's proposal, we projected bank fees and interest earnings using historical numbers from the first eight months of 1996. The average balance in our account fluctuates depending our cash flow needs. In a typical month, we issue in excess of $2,000,000 of checks. Most of these checks take anywhere from a day to a week to clear back to our bank account. As a result, we have an average daily balance of around $300,000. On a given day, the balance • could be much higher or lower. Since no attempt was made to maintain a target balance as required by new proposal, • the City incurred bank fees, but also earned interest, in the analysis of the first eight months of 1996. The City would had a positive result during the first eight months in that interest would have exceeded fees by about $1,500. In our opinion, with staff monitoring of the balance in the account, we should be able to limit the bank fees while capturing the bank float in the form of investment earnings when t P g g he account balance exceeds the needed target balance. • I • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL FOR BANKING SERVICES WHEREAS, the City Council adopted a Policy and Procedure on Requests for Proposals for Financial Profession Services; and WHEREAS, proposals for banking services were solicited in accordance with this policy; and WHEREAS, valid proposals were received from Marquette Bank Brookdale and Norwest Bank; and WHEREAS, the staff and the Financial Commission have reviewed these proposals and are recommending the proposal of Marquette Bank Brookdale for checking account service with earnings credit applied to all fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the proposal of Marquette Bank Brookdale to provide checking account service with earnings credit applied to all fees is accepted for a period of three years commencing on January 1, 1997. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor, thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City of Brooklyn Center Pro Forma Statement of Monthly Fees Monthly Marquette Norwest Service Description Volume Price Cost Price Cost Fixed Monthly Charges Account Maintenance. 58.50 42.00 Serialized Statement - 35.70 File Transmission - 24.50 Return Item Instructions - 17.50 Collateral Fee - 252.74 ACH Base Fee - 17.50 Wre Transfer Maintenance - 4.55 Check Sequencing Fee 20.00 42.00 Variable Monthly Charges Credits 225 0.400 90.00 0.315 70.88 Checks (Debits) 1,273 0.120 152.76 0.098 124.75 Deposited Items: On -us 1,251 0.050 62.55 0.049 61.30 Local 7,006 0.060 420.36 0.049 343.29 Transit 83 0.105 8.72 0.084 6.97 Check Sequencing 1,273 0.030 38.19 0.021 26.73 Incoming Wire Transfers 4 10.00 40.00 7.00 28.00 Payroll Direct Deposit 379 0.060 22.74 0.056 21.22 ACH - Credit Items 133 - - 0.070 9.31 Return Items 20 4.00 80.00 2.80 56.00 Stop Payments 3 20.00 60.00 14.70 44.10 Banking Service Total 1,053.82 1,229.04 Account Interest Rate (Sept.) 0.0466 0.0506 Balance Required to Offset Banking Fees 271,370 291,473 10% Reserve Requirement - 27,137 Total 271,370 318,610 Note: Each bank pays no interest on 10% of the collected balance. This is the amount the Federal Reserve Bank requires for reserves. Marquette accounts for this adjustment in the earnings credit and Norwest adds 10% to the target balance needed to offest banking fees. • Page 2 CITE' Or BROOKLYN CENTER, 'INIINNIESOTA PROPOSAL FOR BANTLING A.N D FINANCIAL SERVICES • Please cold Mete at least one of the foilowin�c, arts for , 'our Proposal. If there is any additional l P } P P } information y % oli feel is appropriate, please feel free to provide it with our proposal form. PART I CHECKING ACCOUNT SEI-VICE - NON -INTE- -REST BEARING ACCOUNT - IvIININIUM COMPENSATING BALANCE A. It is hereby proposed to provide checking account services in accordance with the terms outlined in Exhibit A except for the following conditions: All terms in Exhibit A are acceptable I3. The above services will be free of charge provided the City of Brooklyn Center maintains a compensating uncollected balance in the amounts listed below for each of the checking accounts: City General Account: $ City Payroll Account $ Economic Development ;authority Account $ Aggregate Annual Collected Balance $ 250,000 C. These terms will be effective starling January 1, 1997 for a period of: Check one: one Year two years three years y either one, two, or three �r- years at the City's option D.* X- MOTAY, CHECKING ACCOUNT SERVICE - INTEREST BEARING ACCOUNT FOR FUNDS EXCEEDING THE MINIMUM COMPENSATING BALANCE A. As an alternative to the cllecl;iu11 account services outlined in Part I, it is hereby proposed to provide an interest bearing checking account and other services outlined in Exhibit A with the following exceptions: B. Interest 011 the aCC011nt balance exceeding the ininnlll1111 compensating balance will be ,o coinpounded and paid . 'file account balance would he S.vept daily for funds exceeding the mininlunl conlpensatin., balance. * See Exhibits C through IF for 4 additional services to be considered. Each additional service selected by the City would require an additional $15,000 in compensating balances (except for the Corporate Sweep Service, which is free of charge! C. The above services will be free of charge provided the City of Brooklyn Center maintains a compensating uncollected balance in the amounts listed below for each of the checking accounts: City General Account: $ City Payroll Account $ Economic Development Authority Account $ D. These terms will be effective starting January 1, 1997 for a period of: Check one: one year two years three years either one, two, or three Years at the City's option PART III CHECKING ACCOUNT SERVICE - EARNINGS CREDIT APPLIED TO ALL FEES A. As an alternat g to the checking e outlined ' a it is hereby l.m� account services s o 1 m Part I, y proposed to provide a checking account and other services outlined in Exhibit B with fees and charges offset by earnings credits, with the following exceptions: All terms'in Exhibit B. are acceptable 30 day average of B. Earnings credits will be based on 90 day T - B i 1 1 , the rate is adjusted . Q n I h 1 „ . The current rate is 4. 59 % . The rate for the last six months has been d _ _� 1 �_ _ * * multi 1 i ed by 107/7 co ecte oal ance C. Fees assessed to the account will be charged based on the attached schedule (Please attach your banks schedule). All fees and charges are to offset against earnings credit in Section B above unless listed as exceptions in Section A above. (See Exhibit u; "Corporate Checking ") D. These terms will be effective starting January 1, 1997 for a period of: Check one: one year two years three years X either one, two, or three - years at the City's option L. See Exhibits C through F for 4 additional services to be considered. The cost of each additional service selected by the City can be offset by the Earnings Credit (Corporate Sweep Service is free of charge). • ] .AFUX5 CHECKING ACCOUNT SERVICE - ALTERNATE PROPOSAL TO PARTS I -III. A. As an alternative to the checking account services outlined in Parts I - III, it is hereby proposed to provide a checking account and other services as outlined (attach additional information as necessary): B. These terms will be effective starting January 1, 1997 for a period of: Check one: one year two years three years either one, two, or three years at the City's option The terms are hereby agrecd to by: Date: S r, ^cM b r� / /`l`l� Signature: Title: Financial Institution: M cr rfr e L x; , L C3 ,,-k de-/e THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL PROPOSALS. MEMORANDUM DATE: October 21, 1996 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Services ° �� C. SUBJECT: Resolution Conveying City -Owned Land and A Trail Easement to the Suburban Hennepin Regional Park District For Park Purposes The State Legislature in 1985 mandated the creation of the North Mississippi Regional Park on the east and west banks of the Mississippi River, from approximately the Camden bridge to the I694 bridge. This park was to be operated by the Minneapolis Park Board, the Suburban Hennepin Regional Park District, and Anoka County. An appropriation was made for the acquisition of necessary property and for some development. It was expected that the improvements would include at minimum a trail along the banks of the Mississippi, and a ``recreational node" between 47th and 51 st Avenues (see attachment 1). In 1986, an ad hoc task force examined the feasibility and design of the new park. Brooklyn Center representatives participated in this process. A number of design issues within Brooklyn Center were examined and resolved to the residents' and Council's satisfaction, and the City Council by Resolution 87 -60 approved the plan subject to certain conditions (see attachment 2). One of the long standing issues to be resolved has been the disposition of the Mn/DOT owned land known as Riverridge Park, which is included within the boundaries of the North Mississippi Regional Park. It had been agreed that the appropriate procedure was for Mn/DOT to turn back this excess freeway right of way to the city, which would in turn convey the property to Hennepin Parks. This turnback process is an exceedingly long, drawn -out process. We have now finally received from Mn/DOT the deed to Riverridge Park. The City has also acquired over the years additional excess right of way on the southeast corner of 57th and Lyndale, and two other parcels of land on the east side of Lyndale Avenue, between Lyndale and the Mississippi River (see attachment 3). These parcels were acquired for recreational purposes, and the intent has been to convey these parcels as well to Hennepin Parks. Finally, the City does own additional property on Lyndale on which Lift Station #2 was constructed. When that facility was reconstructed a few years ago, it was designed to accommodate the future trail. It was agreed that at the time the trail was to be constructed, the City would grant a trail easement over the parcels to Hennepin Parks. The trail alignment is now known, and Hennepin Parks expects to let a contract this winter for construction next spring. The City Council by Resolution 95 -75 approved the trail construction plans, subject to the City granting a trail easement across the parcels on which Lift Station #2 is located. . Notes from staff discussions in 1989 suggest that the City and Hennepin Parks had reached a verbal agreement that the City would convey the parcels at a cost equal to the City's original purchase price for the properties. It appears that only one parcel was acquired at a significant cost, that is the parcel located across from 5421 Lyndale. That parcel was acquired in exchange for the city paying the $4,818 assessment on the property for Lyndale Avenue street improvements. I have discussed the issue with Del Miller from Hennepin Parks, and they are agreeable to paying that amount. The attached resolution authorizes the conveyance of the Riverridge Park property, tumback property located in the southeast corner of Lyndale and 57th, the two additional parcels between 53rd and 55th, and an easement to Hennepin Parks for trail purposes. Upon the Council's approval the City Attorney will draft the appropriate conveyances. • Proposed Boundary ATTACHMENT 1 ('Nest bank only) Connec•in g Regional Park r1 X1..1...:• Boundary (1 -694 /Ca i-391 Bridges, Waterworks) Proposed Trails 72 �.... Outside Trail Connections ® Trail Touchdowns ' \� Proposed Recreational a Node >° Boat Access ANOKA COUNTY �� ca R1VERFRON i ACTION 1: ' : REGIONAL PARK Provide trail touchdown and underpass ' ACTION 2: Eliminate Brooklyn Canter boat access ACTION 3: 0 Develop Sr:ited (ac:7tle3 alcng river a SRO CKLYNCENTER 5s "rdAv.N. - - - - -- MINN OLIS ., y � O ACTIONS 4 and S: 1 Construct separated traii tatween I -39-L and \ �l Camcen 3ridgss ACTION o: � � f �� a Ilk.c. Caveicp entrsnca at 49th Ave. and 6 I rec: 49th Av.N. saticnatnade between 4 7th and 51 at Ave.s ' , •� °d h ?� E l _ WebCar �� •I • ACT ION 7: Park ! F RICL-! _ (A C o.) _ Provide trail touc::down '�� �•' y '" ACTION 8; MINNEAPOLIS t y � ,,., : � (i co.) Upgrade /Improve . boat a ccess � � f�L�' 9b ACTIONS 9a-d: 42. d Av•N. I 7� ,•••'' �� r, •• �- C amden 9C Provica trail connections to scut,h and east Eridgei arch I'fississipri Regional Pars PROPOSED DEVELOPMENT N Mite ATTACHMENT 2 40 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 87 -60 RESOLUTION APPROVING THE DRAFT PLAN OF THE NORTH REGIONAL PARK STUDY /PLAN DATED JUNE 12, 1986 SUBJECT TO CERTAIN CONDITIONS WHEREAS, the Minnesota Legislature i g e mandated a the feasibility f review of y the North Mississippi i Re io nal PP g Park, and WHEREAS, A Citizen's Committee examined the feasibility, and has recommended ed a regional park be created; and WHEREAS, the Brooklyn Center er Cit Council has from an Ad Hoc committee a favorable recommendation regarding l the regional park concept; and WHEREAS, the Brooklyn Center Comprehensive Guide Plan designates the area within the proposed regional park as eventually being developed as public open space. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center hereby approves the draft of the North Mississippi Regional Park study /plan dated June 12, 1986 on the condition that: I. The City of Brooklyn Center will have the right to maintain its sanitary sewer lift station necessary appurtenances and water sewer utility easements within the designated park area. 2. The Suburban Hennepin Regional Park district will submit to the City of Brooklyn Center before the time of construction, the final development plans for the portion of the regional park within Brooklyn Center for review of compliance with the Master Plan as contained in the North Mississippi Regional Park Study /Plan dated June 12, 1986. 3• Any condemnation of property within the proposed Regional Park within Brooklyn Center will require prior approval p pp al by the Brooklyn Center City Council. 4. Sufficient funding is available for the purchase of property from property owners who are currently interested in selling their property. 5. The Suburban Hennepin Regional Park District commence negotiations with funding agencies to • assure the development of the portion of the North Mississippi Regional Park within Brooklyn Center within 10 years of the date of this resolution. RESOLUTION N0. 87 -60 March 23, 1987 Date Mayo ATTEST: � Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Thies; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. • I ATTACHMENT 3 P 48 ( 13) • — - - ---{ }- — -- - - GOC_ NO - -_ - - - ` t fir, LIFT STA T*N PARCELS (TRAY., �+ �) 1 aal (n s) (95) a 1 (dll6J EASEIVENT) 5TT d DIDq +w P P.59 I71. y, (4 1 10 3, 80 5009 (92) ounol ® W 1 , rg4 rxl_ 1r9t0a i ` � ' MILL P -60 � . � ,,. Q� tiO45 � (9.0 5005 � + 1 uJC eq1 u6�5J6 + 191 2 1 i , P tiOA r.ar us for z SOJJ 1 LL , Ir0311r1'U 1 � - 1 35) + � 5029 1 ! G 98) _--- -_ - npi 19 Itl:nl ` �+ 1 UaBwlX ro'pr, uv d i9/) 2 -- -- --- -- - -1 q1 oocri slolsto P 6I p � N F 11 2L79 \ 1 1 1 � 1 1 y J LOf n (34) P -62 WrY tll,, l L o -- n1NHwuc ro tur cs . (17) SJJ� 1 PARCELS P 64 (2, DA a nv aT rlr J Slwslo SJJ7 ?69 13 - - ------ - - - - - ,TO BE o , 5aag I 1 a -- P -65 -- -- 53J ONVEYED A , 6 110 --4 __ _ 1 _ . (19) 5 - +2J p 66 -- -- ._._ 1 1 , i i _ j - - - -- -1 - (26) (2U) 5,315 K 1 1 1 - � .. _ ______ r 1tltl. 13 � - i -6 6 (69) - --- - - - --- ✓ 5J.'T _a 1 95 -- 1 1 0 ----------------- _ , _ 1 I ----- ---------- - ill) p a le 31 22) Ed _ i�n� a — - -- — _— — - - -— _, — — _� — — — — _ - - -- 117.,7 _ - -- - -- 00 O. ' 9) +AVF — 10 5 I� a l 1 - 5 3 i 2 I I 2 1 I c _27 115 z t� (Ij - i d Z/ zt� o � CONVEYED 51 TH AVE N M p l �1 r� 1 �X IC W V.1 • ���UU ..,.. li I x ;n uY. P 4 - __ i I G�f�QpUL� B� y 1 Z w I ��V ,ui 1 W Ja. .:.,.;5 ,,.nl a 1151,13 1 1 11 u_1 , i S 1 , S , lul I � U ! y l f I t kllw F' 74A Tr IJ 1 c � hi �) .. � -X. duHACn �a�• - r 4fi 1 .. v - i — 1 II _ II I = i „ Fgure 10 - :,•.. .•..•.• r rr•• .. • ... •.•y........... • ,. «.:•, - .. , ARK _ v , PoVEROACEPMM I LLOW LANE SCHOOL :... 'VVG E °I SCHOOL ." . Y WY.LOV1 � L c J xR Q ry _. _ � 7 7 - TER TCWlA - N 7 7 CITY MAW LENANC£ 9WL�NG �tTHEAST • ««• ••••••••• •l ....r •• —.'' • s b � N - •. j � BROpcLYtl CENTER Nfl�i HOOT - • • _ .•` •-. -•—/ - �� •' \ - I,WGLE CREEK T RAILWAY - �_ -s "' CRCSMIRDL.ikE _ : rc � • . • •y _ ' I \ 1 - .- ;_ .�__. - - - _ .. ` • •„•� :• : IREi10USE PARK e � c�ARK; : t \ '•: .., • • F�PE'S'rA "flUR____ _ _ GTY ALL •' «•«• ARBOF7ETUM "� _.• CGR 41l�{.�- GARCeN CITY PARK I.,, i •.ry ` -. •i W�•PAAK .__ - • EW PARK YLA _- _ Ro PARK ., -•• , r - a - j _ RL3ROWNSCAOOU- Ii «. LiaR ARY SOUTHEAST fIEMJ TO E �. PARK •� i _ — - •`j 1 WNVC i YL G �• i � t �- ';t ..� - = mac • \ j T SCHOOL.� _ 1 PARKA �1 I _ ♦ - �.�� �'-- SELLEVLE PARK - - - � ; .^ ••••.g '`ti �.• PP'�'.NXLCW P0K PARKS AND OPEN SPACE GCVERNMENT FACIUTIES SCHOOLS .. - - - • PLANNING NEIGHBCRHOCD 6CDNCARV OPW.SPACE Parks A. Open Space - and Public Facilities Ukcriir,re it, i • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION CONVEYING CITY -OWNED LAND AND A TRAIL EASEMENT TO THE SUBURBAN HENNEPIN REGIONAL PARK DISTRICT FOR PARK PURPOSES WHEREAS, under the provisions of Laws of Minnesota 1985, Special Session, Chap. 16, Sec. 5, subd. 2(b), the Metropolitan Council was directed to designate the area on the east and west banks of the Mississippi River from the Camden area of Minneapolis to the 1 -694 corridor, as a regional park. This park was to be administered by the Minneapolis Park Board, the Suburban Hennepin Regional Park District, and Anoka County, with the cooperation of the affected municipalities. An appropriation was made for land acquisition and development; and WHEREAS, by Resolution 87 -60 the City Council approved the draft plan of the North Mississippi Regional Park study /plan, subject to certain conditions with which the Suburban Hennepin Regional Park. District has complied; and WHEREAS, the City has acquired for recreational purposes two parcels of land • on the east side of Lyndale Avenue, in the Park area. The City has also received from the Minnesota Department of Transportation the tumback of excess freeway right of way: an area of land north of 57th Avenue and east of I -94, known as "Riverridge Park;" and three parcels located on the southeast corner of 57th and Lyndale. These turnback parcels are located in the Park area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City Manager and City Attorney are hereby authorized and directed to convey to the Suburban Hennepin Regional Park District, subject to necessary and appropriate easements for public utilities, the following parcels of land: • The Mn/DOT tumback property known as as "Riverridge Park;" • The Mn/DOT tumback property formerly known as Lots 1, 2, and 3, GARCELON'S ADDITION TO MINNEAPOLIS; and • Two parcels known by the Hennepin County identification numbers as 01- 118 -21 -43 -0015 and 01- 118 -21 -43 -0088. 2. The City Engineer and City Attorney are hereby authorized and directed to prepare and convey to the Suburban Hennepin Regional Park District an easement for trail purposes across the remaining City -owned parcels in the Park area on which Lift • Station #2 is located. RESOLUTION NO. 3. The City Manager is hereby authorized and directed to negotiate compensation from the Suburban Hennepin Regional Park District. Said conveyances are hereby contingent upon receipt of at least the City's original purchase price of the parcels to be conveyed. 4. The City Manager and Mayor are hereby authorized to execute the documents necessary to accomplish these conveyances. 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. • MEMO To: Michael J. McCauley, City Manager From: Ronald J. Warren, Planning and Zoning Speciali��• Subject: Site Performance Guarantee Release Date: October 23, 1996 The following Site Performance Guarantee being held by the City Council for the completion of various site improvements should be recommended to the City Council for release: Twin View Meadows 51 st Avenue North, west of France Avenue Planning Commission Application No. 90028 Amount of Guarantee - $5,000 (cash escrow) Obligor: Twin View Development, Inc. All of the lots in this single - family residential development have been built on and completed in accordance with the approved plans. All site and utility work has also been completed with the exception of sealcoating a bituminous trailway adjacent to the street and the dredging of approximately 10 -12 cubic yards of accumulated silt and sand deposits in the siltation pond at the west end of 51 st Avenue North. The Community Development Department has retained $5,000 from the original cash escrow which was posted as a Performance Guarantee to assure completion of all site improvements. The Engineering Department has retained $1,350 from a Guarantee they were holding for the completion of the trailway. The Engineering Department has estimated the cost of the trailway sealcoating and the baling out of sand and silt material from the pond to be approximately $1,315. The developer has authorized the City to complete the remaining work utilizing the $1,350 escrow being held by the Engineering Department. It is, therefore, recommended that the City Council acknowledge the developer's request to utilize the $1,350 being retained and to also authorize the release of the $5,000 cash escrow Financial Guarantee based on the completion of the project. • 5� MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk L DATE: October 23, 1996 SUBJECT: Licenses 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 and submitted appropriate applications and aid proper fees. P Pp p p P Licenses to be approved by the City Council on October 28, 1996: • CHRISTMAS TREE SALES Jimmy Benz 3701 50th Ave. N. MECHANICAL SYSTEMS Air One Mechanical Corporation 6317 Welcome Ave. N., Brooklyn Park Dave's Refrigeration 1601 37th Ave. NE, Columbia Heights RENTAL DWELLINGS Initial: Ardella Hutchinson 5307 Camden Ave. N. Navin Patel 5211 France Ave. N. Daniel Weber 3218 O'Henry Road Raymond Johnson 7009 Unity Ave. N. Renewal: Bruce Powers/Ken Belgarde Hi -Crest Apartments • Memorandum • To: Michael J. McCauley, City Manager From: Brad Hoffman, Community Development Director I Date: October 23, 1996 Jf Subject: Tentative Church Development L On Tuesday, October 22, 1996, I met with Pastor Judy Fortara from the Spiritual Life Church, which is currently located on the northeast corner of Shingle Creek Parkway and Freeway Boulevard. It is the church's desire to build their own building within the Brooklyn Center area. In addition to the church, it is their intent to also establish and operate a Christian elementary school. The site they are considering is currently owned by the Shingle Creek Land Company and is zoned C -1 (office service). The contemplated use is a permissible use within the C -1 zoning. The site is bounded by Xerxes Avenue North on the east, Freeway Boulevard on the south and west, and Shingle Creek Parkway on the north. It is 4.41 acres in size and is currently valued at $228,000. • While the use is permitted under our current ordinance, the use would be tax exempt. The site is located in our newest tax increment district and in the TIF area currently generating our cash flow for the district. The impact of the development would be an approximate annual loss of $17,600 to the TIF district. It is also one of very few remaining vacant parcels of land in Brooklyn Center for a commercial development. In the past year there has been some interest in the site, although no party is currently looking at the site that I am aware of other than the church. The site could support a development of approximately 60,000 square feet of office space that would generate an approximate tax of $200,000. Again, the contemplated use is permitted, but I am concerned that the limited number of parcels available for development in the city would be used for tax exempt purposes. The same concern was central to LOGIS constructing to a building within the same TIF district. The issue is of concern with the Brookview Plaza located in the Earle Brown TIF district. Also, the NSP building is now tax exempt, and several other properties have the same potential. Perhaps the City should consider a moratorium on tax exempt development within the TIF districts, or at least explore the issue in conjunction with the Comprehensive Plan. Pastor Fortara will be at Monday's open forum to discuss the church's plans. She will be looking for the level of support her plan would receive from the City Council (i.e., would they look favorably upon the development). I believe that they might well consider other sites not yet located if the City Council finds the concept to be undesirable; however, the issue will still remain. • • • 1 Nw CI 2r 2q oc h> I z 006c' y9 �s_- 9F6Z 616 scsiu± '�$ 3,6 r Q � b y (6£ 9£) Ov(q rn �i vi rn iligg z 6 . b c ROD m 2 U tl (l£ UZ)�1:6Z� 16 ° zi - zb 16 � P LLj CC Lt— I �i /l I N, • {iZ) (9Z I Z) . IM1 1 9 b `I ; `L C' dil MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren. Planning and Zoning Specia st . Subject: City Council Consideration Item - Planning Commission Application No. 96015 Date: October 22, 1996 On the October 28, 1996 City Council Agenda is Planning Commission Application No. 96015 submitted by Landform Engineering Company requesting a preliminary plat approval to subdivide into two lots the property located at the northeast quadrant of 63rd Avenue North and Brooklyn Boulevard. Attached for your review are copies of the Planning Commission Information Sheet for Planing Commission Application No. 96015 containing an area map showing the location of the property under consideration and a proposed preliminary and final plat for the proposed development. Also attached are the Planning Commission minutes relating to the Commission's consideration of this matter. • This matter was considered by the Plannin Commission at their September 26, and October 17 1996 meetings 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 Planning Commission. • Planning Commission Information Sheet • Application No. 96015 Applicant: Landform Engineering Company Location: Northeast Corner of 63rd Avenue North and Brooklyn Boulevard Request: Preliminary Plat This application was reviewed by the Planning Commission at its September 26, 1996 meeting and was tabled pending the submission of a special use permit application by the applicant requesting approval of an off -site accessory parking arrangement. This application has been submitted and the Commission's attention is directed to the Planning Commission Information Sheet for Application No. 96018. Following review of the special use permit application, the Commission should again review the preliminary plat application for this same property. RECON[JiMENDATION The preliminary plat is in order with the recommended approval of Application No. 96018 subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing building on the site shall be demolished prior to final plat approval. 4. Preliminary plat approval is subject to the approval of Planning Commission Application No. 96018 for off -site accessory parking. An appropriate document legally encumbering a minimum of 20 off -site parking spaces on the proposed Lot 2 for the sole use of the proposed Lot 1 shall be approved by the City Attorney and filed with the final plat for this property. 5. Appropriate cross access and parking agreements, as determined by the City Attorney, shall be executed prior to final plat approval and be filed with Hennepin County as p art of this plat. • 10 -17 -96 Page 1 • Planning Commission Information Sheet Application No. 96015 Applicant: Landform Engineering Company Location: Northeast Corner of 63rd Avenue North and Brooklyn Boulevard Request: Preliminary Plat The applicant is seeking preliminary plat approval to subdivide into two lots the property located at the northeast quadrant of 63rd Avenue North and Brooklyn Boulevard. The property in question is zoned C -2 (Commerce) and is the site of the proposed Rainbow Food store redevelopment project including a Rainbow and two other freestanding buildings on the site. The property currently contains an existing 141,900 sq. ft. building which most recently housed Builder's Square and a Red Owl Country store. This building is planned for demolition. The property under consideration is bounded on the north by R -1 zoned property occupied by Garden City Elementary School and R -5 zoned property containing the Garden City Court Apartments; on the east by Beard Avenue North with single family homes on the opposite side; on the south by 63rd Avenue North with single family homes and the City's fire station/liquor store on the opposite side; and on the west by Brooklyn Boulevard with single family homes on the opposite side. The current legal description of the property is Tracts A and B, Registered Land Survey No. • 1553. The new legal description is proposed to be Lots I and 2, Block 1 Rainbow's Garden Citv Addition. Lot 1 is proposed to be 70,316 sq. ft. (or 1.614 acres) and will be the site of the proposed Walgreen's pharmacy contemplated under the Rainbow redevelopment proposal approved under Planning Commission Application No. 96008 earlier this year. Lot 2 is proposed to be 540,798 sq. ft. (or 12.415 acres) and would contain the proposed 78,500 sq. ft. Rainbow and other retail outlet and a 9,600 sq. ft. freestanding building proposed for a possible Hollywood Video /Great Clips occupancy. Lot 1 will be an irregularly shaped parcel containing 281.95 ft. of frontage along Brooklyn Boulevard. The south property line of this proposed lot will run along the center line of the proposed southerly access to the site. The north property line is somewhat south of the northerly access to the development site. Lot 2 (or the Rainbow site) will contain approximately 400 ft. of frontage along Brooklyn Boulevard. The location of the east property line for the proposed Lot 1 would dissect the west end of the existing building on the site. This will require the need to demolish the existing building prior to final plat approval for this proposal and filing of the plat with Hennepin County. The proposed Lot 1 when superimposed over the site plan approved for the Rainbow development project, leaves this site 19 parking spaces short of the minimum requirement for the 13.905 sq. ft. drug pharmacy building. This fact has been pointed out to the applicant and must • 9 -26 -96 Page 1 be addressed before the final plat is approved. They have two options, one being to alter the property line to include 19 more parking spaces on the proposed Lot 1, or the other to file a Planning Commission application for a Special Use Permit to allow for off -site accessory parking to be on Lot 2 and encumbered for the sole use of Lot 1. This would necessitate the need to file another application and establish a public hearing for this proposal. The proposed plat will require a need for cross access agreements between the two lots allowing free access over the site and some cross parking agreements as well. The existing Tract B which is 30.07 ft. wide contains a 30 ft. roadway easement for Beard Avenue North. It may be simpler to just dedicate the 30 ft. as street right -of -way with this plat. Other than the items mentioned above, the plat appears to be in order. A public hearing has been scheduled and notice of the Planning Commission's consideration has been published in the Sun/Post. RECOMMENDATION The preliminary plat can be in order and could be recommended for approval subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. • 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existincy building on the site shall be demolished prior to final plat approval. 4. The proposed Lot 1 shall be expanded to include at least 19 additional parking spaces and the final plat shall reflect this expansion. 5. Appropriate cross access and parking agreements, as determined by the City Attornev, shall be executed prior to final plat approval and be filed with Hennepin County as part of this plat. • 9 -26 -96 Page 2 Ji it I-JA i _j .-I I . 'I 1 f r flit A 4, l I_�� V y tA. L A It �- - - -1 � -- -- _1_ - , �, }d I� - - f / (�� �+ I Jt e, L I�_ _ _ - rfI r r �; x: �- o v A I E! Con AVf. it AJU �1'J� l,� f I I I I I I I � 4 -- 4 l 'i. � A � �1 � ] =� --- -_ -� .o �.,_ ^I __ i�_ IItIN1r I I / tlrlllll - _w __rl, l_�_I_I_.i_J -- \ 1. � �. (L - -- — \ i': /�- U •1 _-,- _ �r ;; �r /. _ '•�. I ­ ev AA. I [f 1� I I — _ �c r � � ,:fi :\.�� 11PTtkI AtrE'. rl�� �. `\ ,��' ti }� ��� �� �`��\1 \ � 1 � � - – -` // `�•�' ,,.�,�t...•�_•:'1CL�:=`:�, :'`:�: LIE (�'. \ \ \�\ \\ ,`; � \����\ . �c:`.��:. <�` ��� �, 1'. t' _� , 0 09JIU4 AVE. 1 011f AVL. A 6N Sill X PROPOSED: RAINBOW'S GARDEN CITY ADDITION \� \ � ,\ .«. ....., _ � � i I (�(1 � 1�t �/� r — � I I .... � : a... I ......d• ., a.., � 1 ..� <.• . ..».. I � , 1 ..�.. ��'.:':. =.. •., ,.......... '\ \ \ � \\\\ \ etq.nr —.-� /�9 _��_ — 1 i 1 _ ���� L��t� — i�; � _�J� . I v �\ • i // I "�� � � �/ w....•.. _ w:.+ � i �. �_ ma+ ♦ � ^ /coati n 411 BUILDING LOT 2.- LesEr/u J \ a AA – ., ...... E l OR AChEB. \ • 1, I �• onr OR 12A640M BO. FT. Swj _�7. —• � 1 � NI 0e.• Cwi CrM•r SSW .• ...-..... .._.. ..• �. F"�...,...... ._. 1 .I��: I� ��������r {11f� Ii. �I�il} irr-- rlff�l`•l�fI�IF•,•�i11 - �� l - iF. � ,........,:,�:I., -1i1, ss is 7V M 4 NMI • \\ \ '''\1 •� [: v :.• :�: .. -� .«. ( ,,'� I I....... I..IIS.. -.Nr 83RD - ...AVENU Nf� RTH +- �.f '�" f `^ _ —��. — ar ac;.; a— UZI— o w too \ OOAK FIELD E Mow" "a •• ►'•�• w �w« RAINBOWS GARDEN CITY ADDITION T : T. DOC. NO. _ N� 0 100 200 300 500 L-S PI � � Y wir.� W». �rr Cr• M wrM W r Iw�.r Y .t� ��~ � �� I r rr� SCALE IN FEET �.�.a.rr..r�.r- rr•wn..r4...r w... o..rr...�., ..rr�..... r ..�wr .+ .r►. » Awor. arm ono .....+• ..r r�ir w.r �/ �✓rr rw� M r1 r rwy�. �M.r..» r. r._ .�. � w Y w r BEARINGS SNONN ARE ASSUMED M o•...r�r •..+.. ►...• r •DENOTES 1 /28+CN BY t1 INCH IRON MONUMENT �" •� SET AND MARKED BY LICENSE NO. 20281, DENOTES t/2 I0/CH INON MONUMENT FOUND AND MARKED y q .rwr.y ..r.• ... w — rw r _ .�' .0y UCENSE NO. 20281 UNLESS O NIERWI SNONN " '� �'�' °r °vim r- " �� r �� \ r• »r �1' .r • �� ./+r»� �� / �Mw_ -w � w.. » � Y � iYb. w� � � � r Mrrr�•. \ • . r.r..w.r \ � 1 » r \ •»rlll•1 � I o Pro[ 110AD w o...»w �r � r C � r � - - - - •slf — — 1 — . w_�...,�..AO an .on.P .» ........ �..» � .. v. i.�.� cam... •.._. • �.. --. i �L 11_ I I �: r w r M..�.».» M r �.. »�� 14� rw w M P.. r ...fir !• .w ww. ♦ I P r I I• .r • I..r. r . a. �� n • I i i .An. • L \•.rr�w —_1 I d ..:..+ rrrn .Ir.rawl.wl..wr......- ..._..r _ 1 �. L � � ,-: •.,- � I � � P POwf 11Mp .n r. o.�a rr �r r M • y . •ti ( w♦rw v rua it \ $ � ••:•• r � ••- ~ ar r. .. .. .. �I -Ji � � »•is :r�.r r r w.oYa vrao. an .aA.c.I .� v . rr rr w, — .w + V � L.qp 6 •w_ r y e 4 O.r rwM �....� r u..r .I r•..w �.., _� r L s «irn• . .O. 13 P P UNr A'.VaA NOR Y Vii w � r rAw.w w ..un L..a,M.n ..Ir sw. •.n ~ w raw r.m uca u ..o+. r as MI. EGAR FIELD a NOWAK INC. SURVEYORS i September 26,1996 City of Brooklyn Center Planning Commission, and City Council 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Attn. Mr. Ron Warren Rainbozv Foods Development Rainbozv's Garden City Addition Brooklyn Center, Minnesota Landform Project Number WB96013 Mr. Warren; Landform Engineering Company, as an agent of the owners and developers of the Rainbow Foods • project, and the applicants representing the owners filing Rainbozv's Garden City Addition, are requesting that the above mentioned Preliminary and Final Platting request be tabled on the September 26th, 1996 Planning Commission meeting so as to be considered with the Special Use Permit request submitted for the next scheduled Planning Commission meeting. We understand that this may, in fact, delay the approval of these items beyond the 60 day limit, but feel it is in our best interests to seek approval through the Special Use Permit process and ask that these items be considered at the earliest available meeting, We apologize for any inconvenience this may have caused, and if you have any question feel free to contact me. Sincerely, �NDFOR1\ ENGINEERING COMPANY Darren B. Lazan Principal /DBL CC: Jenna Sellers, Joe Ryan, Dennis Crowe, File Landform Engineering Company, 905 Twelve Oaks Center. 13300 Wayzata Blvd., , %'avzata. Minnesota 553 0 1, 1o12l 47-';-. Fax /Data col_; 473 -3159 76 • ME To: Michael J. McCauley, City Manager \ - From: Ronald A. Warren, Planning and Zoning Specia��� ( Subject: City Council Consideration Item - Planning Commission Application No. 96018 Date: October 22, 1996 On the October 28, 1996 City Council Agenda is Planning Commission Application No. 96018 submitted by Landform Engineering Company requesting special use permit approval for accessory off -site parking in the proposed Rainbow Garden City Addition comprehended under Planning Commission Application No. 96015. This is a companion application to 96015 and should be considered concurrent with it. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 96018 containing an area map showing the location of the property under consideration, and a site plan showing the proposed development and the off -site parking area. Also attached are the Planning Commission minutes relating to the Commission's consideration of this matter. • This matter was considered by the Planning Commission at their October 17, 1996 meeting and was recommended for approval y It is recommended that the City Council. following consideration of this matter. approve the application subject to the conditions recommended by the Planning Commission. • Planning Commission Information Sheet • Application No. 96018 Applicant: Landform Engineering Company Location: Northeast corner of 63rd Avenue North and Brooklyn Boulevard Request: Special Use Permit The applicant is seeking special use permit approval for accessory off -site parking not located on the same property with the principal use. This is a companion application to the tabled Planning Commission Application No. 96015 which proposes to divide an approximate 14 acre site at the northeast corner of 63rd Avenue North and Brooklyn Boulevard into two lots, one lot which does not contain enough parking to meet the minimum required by the zoning ordinance. Thus the request for this special use permit. The property under consideration is zoned C -2 (Commerce) and is bounded on the north by R -1 zoned property occupied by Garden City Elementary School and R -5 zoned property containing the Garden City Court Apartments; on the east by Beard Avenue North with single family homes on the opposite side; on the south by 63rd Avenue North with single family homes and the City's fire station/liquor store on the opposite side; and on the west by Brooklyn Boulevard with single family homes on the opposite side. Accessory off -site parkin, is authorized as a special use under Section 35 -701, Subdivision; of the Zoning Ordinance (attached). The proposed subdivision comprehended under Planning Commission Application No. 96015 • would create two lots; Lot 1 which would contain a 13,905 sq. ft. Walgreen's Drug /Pharmacy building and Lot 2 which would contain a 78.500 sq. ft. building for a Rainbow grocery store and a 9,600 sq. ft. buildin for another general commerce use. The proposed Lot 1 includes 57 parking spaces, which is not enough on -site parking spaces to meet the minimum number of parking spaces required for a site containing 13. 900 sq. ft. of retail space (76 spaces). The proposed Lot 2. however, has a surplus of 29 parking spaces.based on the ordinance requirements for its proposed 88,100 sq. ft. of retail space in the two buildings. It is, therefore, possible to encumber the required minimum of 20 parking spaces on Lot 2, to be dedicated for the sole use of Lot 1 through a deed restriction, which would have to be filed with the proposed plat for this property. Even with such a restriction, there would still be a'surplus of nine parking spaces on the proposed Lot 2 (Rainbow site). The applicant has submitted a drawing showing 24 parking spaces lying easterly of the lot line separating the proposed Lots 1 and 2. These would be the parking spaces that are to be encumbered. He has also provided a letter requesting the special use permit and explaining the arrangements. The applicant believes that the proposal is consistent with the five general standards for special use permits and the specific requirements laid out in Section 35 -701, Subdivision 3a through 3g. Off -site accessory parking is a special use in the C -1, C -2. I -1 and I -2 zoning districts and is 10 -17 -96 Page 1 permitted on institutional R -1 property as well. The off -site parking must generally be on property of comparable or more intense zoning (in this case, both sites are zoned C -2). Accessory off -site parking is limited to one site per business and the distance from the furthermost point of the accessory off -site parking to the site of the principal use may not exceed 800 ft. These provisions are both met with the applicant's proposal. The zoning ordinance also requires that a minimum of 20 parking spaces be provided on the off - site parking property. In this case, the applicant is proposing to encumber up to 24 parking spaces where only 19 would be required. Accessory off -site parking shall be located such that pedestrian traffic will not be required to cross major thoroughfares or specifically designated roadways within the city. This will not be the case with this particular application. The ordinance also requires a legal encumbrance be tiled acknowledging the dedication of the required parking from the accessory off -site lot to the principal lot. We find no conflicts between the off -site accessory parking proposal and the various requirements in city ordinances including the general standards for special use permits. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to surrounding property owners. v RECOiyfT1END ATION The special use permit appears to be in order and is recommended for approval subject to at least the following conditions. I. The special use permit is granted to allow a minimum of 20 parking spaces on the proposed Lot 2, Block 1 Rainbow's Garden City Addition to be legally encumbered for the sole use of the proposed Lot 1, Block 1 Rainbow's Garden City Addition. 2. A legal encumbrance, in a form approved by the City Attorney, shall be filed with the final plat comprehended under Planning Commission Application No. 96015. • 10 -17 -96 Paae 2 -� pE � I _ � \ I 4 ��4. •. fit- i. "MY infoill KYx I If [H I rRECTA vp 11. IJ _ LanI_�� f I I Rl �►wJ!�h l_I__ll -1I .L_ - I _I_.L (� i_ I_I_L -� — l ! — — _ N 'anV IWil1V '\ AVE. N. U M I .ARI Y � - `a 11 nin PA _ - - - � — -- -- DRFT 0 v E^' S -< N 'anv I 1lNn .1 1 '� ^ - - T TInG AVE.. N• _ _ _ � �� _ �- - _ r _ 1 �� � VE 1.1 lrH H��' .' - - - AVE. U111 _L l l_ _ (_l _ 1 _ - - - - t t u�u. A,1f' 1 I 1 I I 1 i 1 -j- .� +'1 } i� ti- - :u'r,i- 1- _i..-1 � \ N tltl'�X [ ��� � � �� 11.917 : �-- 1087.50 •�\ I \ illllll I!If,liilil!il I!II l':I Ii71i '3 1�' �� ROAD t ICf I n ! .x PARKIJG EASEhEW I!Ill; li'liil!v \ DRUGi p � PNAFST'InGY I i I i ! I � I I I I I III I I � I r; I I Z m • Y bY.07D bF. %I �Ii Y • A \ \ I } I I I I I IV / /.� _1 I it • • • 11 1 II \ cL Iz p \:: 111 ; 1 ,{:. Io dHENRY ROAD NO \ \ I I I I !' I�1 I I I I t lil I 'I I 11 i' II \ :. \ \ � I i l l l I l l � I I I I I I I i O 1 I •';[ �4Q7 � 1 �• "vj I 1 \ E I E ; �LII l � I t 1, TO _ PARKING SUMMARY URIC /NWRf1ALY PUAWEO PARK9J0: 77 STALLS i tsw r• I I' I I t PROVYILU 51AIL5 : - 51 51A.L5 1 \ I I ` N�X'S6 • 17 w I'I I VARKWG EASEFILNT VRUVYJEU 5f ALLS: + 21 STALLS _ ' 7•_ i IMOR 51CQL: - - 1 I 1901. REGN2EO VARKIVL: 55 STALLS .. ....... '..... ... .. . . ........ ... .... :ttl99tl '. ..................a....... ..• s.. Pk UVY/LU SiAILS - YO SFAI.LS 5 ne Stll' w � • � " 90. 91 ••••�•��• x. � •� kAWIfUW FOL1Yi: n RL(,Z0 VAUKINL - 311 STALLS PkUVUEU 51 At L5. 3U5 •ii ALL5 v ...�::::..:.. . ..: ...... .......................... .... HOLI.YWUOD VIDEO / LREAT LL9'S: �. ... r t kEO V : = 53 STALLS VOW S fALLS: = 65 SIALLS 68RD AVENUE NORTH — PkVC1ED i AIt S: � �Z ��Wr O TOTAL SITE: \ \ ;•.••.• I� W) I R @GEARED PARKING: = 5E2 STALLS , '.\ 2 PROVIpED PARKING: = 571 SIALLS . \ \ 1 9118 SYYWL4 N 99 o = 062.50 - DRUG/ P�o�osca bf-A rfm of 67As�vt�rtr 0 \ O 4 u 103 raxm sr: \N56'S6'�2 "W — -- 50.27 . .....:...:- . ............................ 63RD AVENI -l. access ® Each loadm, berth shall be located so as to provide convenient access to a public street or alley in a manner which will least interfere with traffic. 5. Accessory Uses Anv area designated as a required loading berth or access drive so as to comply with the terms of this ordinance shall not be used for storage of goods or inoperable vehicles nor shall such area be included as a part of the area necessary to meet the off - street parking area. Section 3; -700. OFF - STREET PARKING REQUIRENIENTS. Off- street parking and loading space shall be provided in all districts in accordance with the requirements of this ordinance. There shall be no off - street parking, storage of vehicles nor perimeter parking lot driveway within 15 feet of any street right -of -way and this 15 foot strip shall be planted and maintained as a green strip. In the case of C 1 and C IA districts, there shall be no off - street parking nor perimeter parking lot driveway within 35 feet of any major thoroughfare right- of -wav and this 35 foot strip shall be planted and maintained as a Green strip. Section 3f-701. LOCATION OF OFF- STREET PARKING. All accessory off - street parking facilities required herein shall be located as follows: • I. Spaces accessory to one and two family dwellings shall be on the same lot as the principal use serti•ed. 2. Spaces accessory to multiple family dwellings shall be on the same lot as the use served, within 400 feet of the main entrance to the principal building served. 3. Ordinance required parking spaces accessory to uses located in a business or industrial district shall be on the same lot as the uses served unless a special use permit authorizes accessory off -site parking not located on the same property with the principal use. Special use permits authorizing such parking may be issued subject to the following conditions: a. accessory off -site parking shall be permitted only on properties located in districts zoned Commercial (C1. ClA, C2) and Industrial (I -1, 1 -2), and on properties which are institutional uses in residential zones. accessory off -site parking shall be permitted on land having the same or less restrictive zoning classification as the principal use and may be permitted in more restrictive zones if the buffer and setback provisions required of the principal use are met on the property containing the off -site accessory parking. For the purpose of this section of the ordinance. institutional uses in residential zones shall have the same status as C l zoned propert . • 35 -69 b. Accessory off -site parking shall be limited to one site per each business or industrial • use issued a special use permit. C. The distance from the furthest point of the accessory off -site parking property to the site of the principal use shall not exceed 800 feet. d. A minimum of 20 parking spaces must be provided on the off -site parking property. e. Accessory off -site parking shall be located such that pedestrian traffic will not be required to cross the following roadways to reach the principal use: 1. titajor thoroughfares as defined in Section 3; -900. 2. 55th and 56th Avenues North between Xerxes Avenue and Brooklyn Boulevard. 3. Summit Drive. J. 66th Avenue North between Lyndale Avenue 'North and Camden avenue North. f. Accessory off -site parking spaces may be credited t , e o the parking requirements P _ nts of t ., P P _ q he principal use if the off- -site parking property is legally encumbered to the sole purpose of providing parking accessory to the principal use, g Accessory off -site parking site improvements shall be provided as required by the City Council. Section 35-702. PARKING SPACE STANDARDS. The following minimum parking standards are hereby established for all districts other than R1 and R2: y Space 2 Space Lengths Plus One Center aisle Angle Width Curb to Curb With Curb Overlap 90' (Two -way) 8 19.5 +19.5 +24.0 = 63'0" 13.0= 13.0 =_=4.0 = 60 60' (One -way) 910" 20.0 +20.0 =20.0 = 60'0" 15.- +20.0 = 57'0" 43' (One -way) 9 18.0 +18.0 +16.5 _ 52'6" 17.0 +17.0 +16.5 _ 50'6 30° (One -way) 9'6" 15.0+ 13.0 +16.3 = 466" 14.0= 14.0- =16.5 = 44'6" 0° (Parallel) 8'0" wide by 24'0" long. with 24'0" aisle An accurate, dimensioned parking layout which complies with the foregoing shall be submitted for approval with a site plan, and parking arrangements shall thereafter comply with such layout. Parking spaces shall be clearly designated by lines painted upon the surface of the parking area. • • • September 26,1996 City of Brooklyn Center Planning Commission, and City Council 63 01 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Attn. Mr. Ron Warren Rainbow Foods Development Rainbow's Garden City Addition Brooklvn Center, Minnesota Landform Project Number WB96013 • Mr. Warren; Landform Engineering Company, as an agent of the owners and developers of the Rainbow Foods project, and the applicants representing the owners filing Rainbow's Garden City Addition, are requesting a Special Use Permit for Off -Site Accessory Parking on the above mentioned project. Landform Engineering Company has reviewed with our client the five standards for Special Use permits as outlined in your Zoning Ordinance and believe we do, in fact, meet these five criteria. We have also reviewed the application requirements for this request and refer you to the approved Building and Site plan documents previously submitted as exhibits for this application. The owners, developers, and committed tenants of this development have entered into numerous agreements for the purchase and lease of parcels and spaces within this development and feel, for reasons of timeliness to commencement of construction, as well as individual needs of the evolved tenants that the proposed platting best meets the needs of the parties evolved and are requesting the Special Use Permit to facilitate the platting as submitted. Landform Engineering Company, 903 Twelve Caks Center, 13:00 W avzata Blvd- 'Navzata, Minnesota : =:91, j01'j �- - 2-_, Fax /Data (01 473 -=139 Rainbow Foods Development Brooklvn Center, Minnesota Page 2 September 26 1 ^, 1991+ In this request we are asking that the proposed Lot 1 of this development be allowed to be platted • as shown, with less than the required parking falling within its boundaries. The owners are currently drafting several perpetual cross access and parking agreements for all tenants in the project and are willing to submit, for your approval, a separate agreement dedicating 20 stalls immediately adjacent to the subject parcel for the sole use of Lot 1. Or, if you prefer, the owners of this development are willing to execute an agreement prepared by your attorney dedicating these same stalls as required. Attached is an exhibit outlining the proposed site, and the stalls to be dedicated. As mentioned, we believe this request meets the standards outlined, and will result in the normal and safe operation of the proposed use on this site, as well as any subsequent uses. This request does not interfere with the normal orderly development of the adjacent property, and adequate measures have been taken to ensure safe and orderly ingress /egress to the property. If you have any question feel free to contact me. Sincerely, LANDFORM ENGINEERING COMPANY Darren B. Lazan Principal /DBL CC. Jenna Sellers, Joe Ryan, Dennis Crowe, File Attachment: Exhibit Landiorm Engineering Company, 903 Twelve Oaks Center, 13300 1ti ayzata Blvd., Wayzata. Minnesota 33391, (61_) 473- 3271 Fax /Data iol_) 473 -3139 7G MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specia Subject: City Council Consideration Item - Planning Commission Application No. 96019 Date: October 22, 1996 On the October 28, 1996 City Council Agenda is Planning Commission Application No. 96019 submitted by Landform Engineering Company requesting preliminary plat approval to subdivide into three lots the 13.09 acre parcel of land located on the north side of Freeway Boulevard, westerly of the Schmitt Music site. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application pp No. 96019 containing area map showing location of the property under consideration, a proposed preliminary and final plat. and a site plan showing the development, parking lot and proposed lot lines. Also attached are the Planning Commission minutes relating to the Commission's consideration of this matter. This matter was considered by the Planning Commission at their October 17; 1996 meeting and was recommended for approval. It is recommended that the Citv Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. • Planning Commission Information Sheet • application No: 96019 Applicant: Landform Engineering Company Location: North Side of Freeway Boulevard. Westerly of Schmitt Music Request: Preliminary Plat The applicant is seeking preliminary plat approval to subdivide into three lots the 13.09 acre parcel of land located on the north side of Freeway Boulevard. westerly of the Schmitt Music site. The property is the site of the proposed T. G. I. Friday's Restaurant. an 85 unit Country Inn and Suites Hotel and a future, yet undetermined. 250 seat restaurant all of which were approved recently under Planning Commission Application No. 96012. The property under consideration was recently rezoned to PUD/I -1 (Planned Unit DevelopmenvIndustrial Park) and is bounded on the north by Shingle Creek and the Shingle Creek greenstrip easement area; on the east by the Schmitt Music property; on the south by Freeway Boulevard with I -94 right -of -way on the opposite side; and on the west by the Shin2Ie Creek Plaza II office/industrial building. The current lei al description of the property is Tract C. Registered Land Survey No. 1377. The new legal description is proposed to be Lots 1. 2 and 3. Block 1, Friday's addition. The purpose of the subdivision is to create three legal lots based on the three separate uses of the site. The lot lines would be irregularly shaped so as to contain adequate parking for each of the separate uses . and to also divide the existing wetland and flood plain area proportionately between the three properties. Lot 1, which is the site of the T. G. I. Friday's Restaurant, is proposed to be 3.96 acres in area. Lot 2, which is the site of the 85 unit Country Inn and Suites is proposed to be 5.30 acres in area. Lot 3. which is the site of the 250 seat, yet undetermined restaurant, is proposed to be 3.82 acres in area. The proposed plat. based on the approved site plan and access to the site, will require the need for appropriate cross access and parking agreements. However. this proposal will not require the need for an off -site accessory parking special use permit Iike the Rainbow proposal, because there will be adequate parking provided on each of the three lots to meet their own parking requirements independent of each other. See the parking summary provided showing the breakdown of parking spaces for both of the sites. This site has received Shingle Creek Watershed Management Commission review and approval based on the previous review of the site at the time of the planned unit development approval N Process. o further reviews are necessary with the plat. The City Engineer, is reviewing the preliminary. plat submitted and may offer additional written • I 0 -17 -96 Pane I comments for the Planning Commission's consideration. • A public hearing has been scheduled and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMEND ATTON The preliminary plat appears to be in order and approval is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the city ordinances. 3. Appropriate cross access and parkin_ agreements, as determined by the City Attorney, shall be executed prior to final plat approval and be filed with Hennepin County as part of the final plat. • 10-17-96 Pate [ `'r �+ +{ X ► l...l 1 l i tJ t_. 3Ar IJIJ!„[ [ � tfl- i r -� f __ :�� , ,.,w - � f - r- r- r- I- r- ITr -r- ; _ _ _ _ -� ����� u , �r� - _ � g , - �� � :� , � •l � - � � _ - •[ .{f /. i 1 I_ „AVE� (_ 1 �� �� �_ 3C' �• p j,'_. — -- — ,P K C� a !''• A'- •� 111 111__iZ Aq r__.__sA.,����_ __ — -IJ FjA�IWWI Ij INIkNf AVE. .._ cn )/.NJ 3311) 3l`JIUTA - - slnyl p. _I At 14 v JAMES I �`. v.r 9111AY1 LVE 11 H-- 11_(.11_.._ I [ITIT >< f 1 1'1 1 I 1 � _. -. .. __ - - - - -- - ---' '' ..'"lr_n_nr - -- �. - - -. -- r- `t- fir\ I"\ - 7� • ;� '� I r�., r 1 I i � • PROPOSED: FRIDAYS ADDITION \ SURVEY FOR: LANDFORM ENGINEERING COMPANY '~ LEGAL DESCRIPTION: Tract C. Registered Land Survey 1377, Hennepin County, ulnnescto hereby certify that this is a true and correct representation of a survey of the boundaries of the land above described and of the locotion of oil buddmgs. d any, Ihereon, and OII visible encroachments, it any, from Or on said land. 'p l /'� °i• O° ° piO ""'" °^"`" Doled this 25th day of Seplernber, 1996 by Jack Solke e."A 4r wAnmK •..AU.nur ,�• F^ �\ r,.. „'"' \� Mmnesoto License No 20261 ' ♦ \ ` ,'ww y�. NOTES: ? P O — ` 1 ` v • e0 1. The orientation of this beating system is based on the northeasterly line {i... - dR �'' ` (. (g • of Tract C. Registered Land Survey No 1377 wn¢h la assumed to have o ` \ �� \� �' • �� bearing of South 47 aegreea 56 minulea 56 seconds East. 2. The legal description and easement information shown hereon were obtained 4, from Chicago Title Insurance Company Commitment no C 2461324, doled May 7. 1996. \ Q 3. Area of the properly described hereon is 570,164 square feet or 13.090 acres Nis UO' r• ` v b \ - yr� le LOT 3 1. Existing Utilities. sarvICaa and underground slrucluraa an own hereon, were 4e la \ ` % \ +,, 1 ARE/, . 1a1,ilJ Bel FT. located either physically, from existing records or by resident testimony, 4/ ♦\ �\ 1 Wit ACRE& • and are provided for informational purposes only. Other unities services and underground slruclures may be present. Exact locations should be obtained from the owners of the respective utilities prior to any design LOT 1 `. \:" \� \ • •. j \ planning. or excavation. r 03AG4 80 \•e 1Q ~ ' ` +� \ 5. Base mapping and existing conditions shown hereon were obtained from V •� \ - 374 AQ%IE8 �• QD '�-•. \.�� . \ i Landr°rm Engineering Company. . �� k� \ ) 6. According to the City of Brooklyn Center the properly described hereon b \ j •.,� ��, � 1 /� \\ zoned PUD 11 and has the following setback requirements: J. BUILDING PARKING front - SO i•al Front 10 Feel side - 10 Feet Side - 10 Feel \ ` 7. Tha e pert) described hereon is flood Zones C, B. and A] per Federal Insur p M R once Role Mop Community Panel No. 270151 0002 B. doled February LOT 2 ' e ...� �., ° "' 17, 1952. AREA 24442W sQ FT. 3 ii \ mow'' t' % DEVELOPER. fRWAy'S NOSAIAUly wORLD 7540 LBl ndE.AT b . g = a ,1 4/ S owu 4Awc l toA4o1 OAtLAS. TExAS 75751 ..w7. //% �\\ sus• LOT\3 (1 .sp -5.51 Aw k ENGINEER: \. •w \.` /, , �s tLtM tiv LANIfORN LNFiNEINAG cduv.wr 901 rwtivt OA "S atNKA NAYtAIA. u+a.1501A 55391 ',,d 0�4 . , ! — Q t r �- (612) 475 -3271 l SURVEYOR: N ��d r •.� `` �� Q'e [CAN. FXLD t NOW". INC. 7415 wAYZA IA BOULEVARD 0 y 1,w , �,, , so 2w N • 11 \ I�Ie "1� w*'Nf AYOUS, t"N1[5OIA 55426 - -_ r y J4 •e,"'\ (612) 540 - 9937 SC A LE IN FEEr 4Q! �4. \� M er M. '• •y EGAN, FIELD 3 NOWAK INC. 7415 wAT2AlA BOULEVARD u uN .554 ��+ \ \ SURVEYORS (612) 546 -6637 u FRIDAYS ADDITION [ FIL T. DO-C. NO. N 11 too 2 110 1 500 �� �� ww a o n tNQ t•aaorta ttr to rnry..� . w M vn. +.. r .r. r r r+ r..rr SCALE IN FEET .r..r +rr . r � r rr.�x., ar•. r trrr r r< ..r L nrr•r trn r+r .r tan, ti r trrr. r tr tar, r rr...r trr r r..... \ .(% n rwr tr r r r .rw•+ r wtra r nr.n ro tar r r rr, .wr r rrr r r trr. t r wrr .. tr..r r .+w.r . rr r w n+ r •rnw r .^, ...� r ..a•r r�.r rr y rtM�, r.. • tw M Gw•ww riw•a •� w +w Y r rrr r r t +w BEARINGS 514011a1 ARE ASSUMED (' ..r N• — ti r . tr_ . ti r rtry a 'DENOTES 1/2 INC" BY 14 INCII IRON MONUMENT SET AND MARKED BY U(1NSE NO. 202E1. �• - n.x v DENOTES I/2 MIC11 IRON Yp1UMCN1 FOUND AND MARKED Q a , • BY UCENSE NO 20281 UNIESS OT NwASE SIIoMN r•.+. ,•..r•r �+ K r � r r .Fr�� f • ttrr, tr„L o.. { .Man eaurtwt 'I {. � t �t +r, w • W rte•.. .r wren ,•• /r.s •.sir r .ay � yw ��A •.r > r V r,�yl M= Mr •wM1 r� • ai rr 4 1 W .� �•�•, tr•• M trrn• M r rrr r nr•r •, r tr r•�+r .y V a �•.r. • Y>p�Yr � '{,.f _ •t+•wI r rnwa, •�•r• r ttr w M K L �C pp,, 1 .t•.r r...t. ta.wL t..r \ `` /� '71 '. •ni � ��4s tttrrr tarttL .rant. tx "- a... . \ . r /� � .••'� r t, M r txo.n rrartttat .. x►.+. r r.r •r r tw r tt.r trr. trw.. •tin. r•. r.e • r "`41� 4 '�v . "� w rrr •rt r r r•.w�.r wr.wrwr.x r wwtrr „ r•rr..rM t.r WALL v+r a i ' •aI� \ 4a =;' t•a••t• `- trtr maoa o trortxr ®atR rroata � h ` lr.al lwr ~• to ` t l�aa On® rYOt �� � \�i, � ` O .. •'. � +, � r . r _ .r rr w .. rw W •.r r rr rrr .� r ra rr tr _. w NIO • f ' 1 i '. Nls _ SI C : \\ �y ........ ut°u`�n / aa•..: r..w w trta.�.. r..rr tarn. rwr a . a.wnr \ .. \• � wt�. rt. �: rrarr•• .'•. ttn�ar tarttot taa 'l•f : y aatr � � .. _ ,. .f at trrr tar tttrr. • \ �1.1L ' '�4•, �' � ...ma o at uo \ tt...r r tr• nat t. aa►ar It•r1 w w tr• r xr.r tr __ .. r . tr . v \y' Na•trrY 'aye � ,wnnra arr r. r .ta ttrrr a„tt a.••,r a \ l.. , :noo B p.tl , • UG u 2 :rteYa•t .r+r y.r r •r yr r no.n .cravat .a 4 r tY. rr. tr —_ ti r .r_ \ / � \ '7 -. 1 "ham • x 3 sae ta....r ro uxrn tranrrn rr N.r. .•r \ do . `a r .n r -.•r � .rr S•a l } M rtn rY r.asr.c l01 WL `` tw>0 OHA,a •4t6.p Mb 0 nrl N apN \` ` MO •tt4•rr txtIt uaa 4 !ar a tta rawt. EGAN, FIELD a NOWAK INC. SURVEYORS PARKING SUMMARY 10.•K T.;IClC1 5 A•n APOS Ir,1Ft. - I !—f t_ rsv P011 . I STALL lfv FIVIOp FE(Ss I) PFSIAIVA.11 _ I S1AtL rFO 7 'FATS 1 i1Alt rFP 7 Et%7 OYFE9 COlN14r FN SUTES - - -- _ . 4E ?. H?FO rA4rbY,: A5 TO1Al VATS (55 Snl lS 3 AvC.. Ffx'LOrEES TF7tAi: rrr7v�FD nn cr.7, - KI TALL � '. - 4f r7VOFU rnvc Alr: 2-19 ;EnfS - 150 ^.TMlS q Enn - 7 STALLS j ra7Ai 71Aic5 r'ROvOETJ rA4Crg: q7 51ALLS / \ OfOWFO OAOgv7/, 750 ,FATS - 175 ST Al LS / \\ 10 Eric 5 STALLS Torn 135 ro0vgT0 rook -W. 155 STALLS ( 7 1 T OTAL 3 17E: `> / PEW14ED PARKNG: 381 STALLS PQOMO PAQKNG: 193 5 1A L L 5 AREA SUMMARY / TOUT YIF APFA - LJ O^x I / EYWOrAa :vIF APFA - O Lot APFA l� (0111Pr FN'PITS - 5.10 Ar. 1O1 AL B t VA PASf IDEA PAll0 (fO - - 005 VAS QAth (OE VSLOV AIYE) - 7.013 FnvvhY APFa - A 75-r. - OEA 5 J rFPNFJVS A - AA,M - 7.SY. OF IT / MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 17, 1996 CALL TO ORDER The Planning Commission met in a regular session called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Donald Booth, Rex Newman, Dianne Reem, and Brian Walker were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioners Graydon Boeck and Mark Holmes was excused. APPROVAL OF MINUTES SEPTEMBER 26 1996 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the • minutes of the September 26, 1996 meeting as submitted. The motion passed unanimously. Commissioners Booth and Walker abstained as they did not attend that meeting. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NOS. 96015 AND 96018 (LANDFORM ENGINEERING COMPANY) Chair Willson introduced Application No. 96015, a request from Landform Engineering Company, Wayzata MN, for preliminary plat approval to subdivide into two lots the property located at the northeast corner of 63rd Avenue North and Brooklyn Boulevard, and Application No. 96018, a request from Landform Engineering Company for a Special Use Permit for accessory off -site parking located on the same property. The Commissioners agreed to consider these related Applications together. The Secretary explained that Application No. 96015 was tabled by the Commission on September 26 pending the applicant's submission of a Special Use Permit request (Application No. 96018) to approve an off -site accessory parking arrangement related to this Application. Using overhead transparencies, Mr. Warren briefly reviewed the location and proposed preliminary plat to divide the • subject property into two lots to provide for construction of a Walgreen pharmacy on Lot 1 and a Rainbow food store and two other freestanding retail buildings on Lot 2. (See details in Planning 10 -17 -96 1 ® Commission Information Sheets for Application No. 96015 dated 9 -26 -96 and dated 10 -17 -96 which are attached.) Mr. Warren stated that with subsequent approval of Application No. 96018, the preliminary plat (Application No. 96015) is incompliance, subject to 5 conditions outlined in the staff report. In addition, the final plat requires cross parking and cross access agreements between the two lots and dedication of a 30' roadway easement for Beard Avenue North, and the existing building on the site must be demolished prior to final plat approval. Mr. Warren presented the staff report for Application No. 96018 (companion to Application No. 96015). (See details in Planning Commission Information Sheet for Application No. 96018 dated 10 -17 -96 attached.) He explained that the property, when subdivided into two lots, provides more than the required number of parking spaces. However, Lot 1 is short 19 parking spaces of the minimum required for the pharmacy building under the City ordinance. The applicant chose to apply for a Special Use Permit to provide for off -site accessory parking on Lot 2 encumbered for the sole use of Lot 1. Using a overhead transparency of a drawing submitted by the Applicant, the Secretary described the arrangement for 24 parking spaces lying easterly of the lot line separating Lots 1 and 2 to be encumbered for the use of Lot 1 where the Walgreen store will be built. This off -site accessory parking will meet the City's parking requirements for this Lot and the proposal is consistent with the • City's standards and requirements for special use permits. The ordinance requires filing a legal encumbrance acknowledging the dedication of the required parking from the accessory off -site lot to the principal lot. Chair Willson called for questions from the Commissioners. Commissioner Walker inquired how the accessory parking will function, i.e., how will it affect users of the parking areas for the retail businesses. Mr. Warren explained that users will not be affected because the encumbrance is primarily for the purpose of ownership to legally and permanently verify that the properties are in full compliance with City ordinances. Therefore, the legal designation will be transparent to customers using the parking facilities on the property. PUBLIC HEARING (APPLICATION NOS 96015 AND 96018 LANDFORM ENGINEERING COMPAN There was a motion by Commissioner Booth, seconded by Commissioner Reem, to reopen the public hearing on Application No. 96015 and to open the public hearing for Application No. 96018 at 7:50 p.m. The motion passed unanimously. Mr. Darren Lazan, representing Landform Engineering Company, Wayzata MN, stated he had no further comments to add to the Secretary's report, and Ms. 3enna Sellers, project architect, and he are available to answer questions. Mr. Lazan indicated the Applications comply with the City's • criteria and requested favorable action on both Applications. 10 -17 -96 2 • Chair Wilson inquired if anyone else wished to be heard. There being none, be called for a motion to close the public hearing. _ Motion by Commissioner Reem, seconded by Commissioner Booth, to close the public hearing at 7:51 p.m. The motion passed unanimously. The Commissioners interposed no objections to the Applications as submitted, subject to the conditions outlined in the staff report. ACTION RECOMMENDING APPROVAL OF APPLICATION NOS 96015 AND 96018 (LANDFORM ENGINEERING COMPANY) There was a motion by Commissioner Booth, seconded by Commissioner Walker, to recommend to the Council that it approve Application No. 96015, preliminary plat, submitted by Landform Engineering Company, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing building on the site shall be demolished prior to final plat approval. 4. Preliminary plat approval is subject to the approval of Planning Commission Application No. 96018 for off -site accessory parking. An appropriate document legally encumbering • a minimum of 20 off -site parking spaces on the proposed Lot 2 for the sole use of the proposed Lot 1 shall be approved by the City Attorney and filed with the final plat for this property. 5. Appropriate cross access and parking agreements, as determined by the City Attorney, shall be executed prior to final plat approval and be filled with Hennepin County as part of this plat. and to recommend to the Council that it approve Application No. 96018, special use permit, submitted by Landform Engineering Company, subject to the following conditions: 1. The special use permit is granted to allow a minimum of 20 parking spaces on the proposed Lot 2, Block 1 Rainbow's Garden City Addition to be legally encumbered for the sole use of the proposed Lot 1, Block 1 Rainbow's Garden City Addition. 2. A legal encumbrance, in a form approved by the City Attorney, shall be filed with the final plat comprehended under Planning Commission Application No. 96015. Voting in favor: Chair Willson, Commissioners Booth, Newman, Reem, and Walker. The motion passed unanimously. • 10 -17 -96 • The Council will consider the recommendation at its October 28, 1996 meeting. The applicant must be present. Major changes to the applications as reviewed by the Commissioners will require that the applications be returned to the Commission for re- consideration. APPLICATION NO. 96017 (BROOKDALE MITSUBISHI) Chair Willson introduced Application No. 96017, a request for rezoning and site and building plan approval through the Planned Unit Development (PUD) process, from Brookdale Mitsubishi, 7223, 7227, 7231, and 7235 Brooklyn Boulevard. The Secretary presented the staff report using overhead transparencies to show the location and site and building plans for the proposed 18,000 sq. ft. automobile dealership on a 7.035 acre site on the west side of Brooklyn Boulevard, northerly of Shingle Creek. (See Planning Commission Information Sheet For Application No. 96017 dated 10 -17 -96 attached.) Mr. Warren described the four parcels of the property located in Brooklyn Center and a small triangular shaped parcel of land located in Brooklyn Park. The applicant has acquired all of the parcels described and plans to demolish the vacated restaurant building to construct a automobile showroom, office, and service center. In additional an existing building currently occupied by CEAP will be converted to store automotive parts and for vehicle detailing and cleanup. CEAP will lease that building for up to one year until its relocation is accomplished. • Mr. Warren explained the existing zoning of the various parcels and of adjacent properties. He stated that automobile sales and service are special uses in the C -2 zoning district, are not comprehended under the C -1 zoning district, and automobile repair is not allowed to abut R -1, R -2, or R -3 zoned property at a street or property line. Because of these current conditions, the applicant proposes to pursue its request through the PUD process and seek rezoning based on a site and development plan to a Planned Unit Development/Commerce zoning designation that would allow the proposed use through a development agreement. Mr. Warren described the PUD process, the rules and regulations of the Zoning Ordinance, and the policy and review guidelines for rezoning. He presented the staff review of the guidelines as they related to the applicant's proposal. A letter dated September 19, 1996, from Mr. Theodore Terp, Brookdale Mitsubishi, describes the benefits of the development to the City anticipated by the applicant. According to Mr. Terp, benefits include redevelopment of the abandoned restaurant site and a vacant site, elimination of an access road, realignment of the access curb cut to be directly opposite an existing access on Brooklyn Boulevard, ponding areas to improve water quality and run - off from the site. In addition, the applicant believes the redevelopment to be consistent and logical with respect to other current uses in the surrounding area. The Secretary reviewed the staff analysis of the site and building plan, access and parking, grading, drainage, utilities, landscaping and screening plan, building exterior materials and design, and lighting and trash requirements. The staff recommends modifications to the building plan and • additional information is requested with respect to landscaping, site lighting, trash containment, provisions for screening, and storm sewer installation. A storm drainage and water management 10 -17 -96 4 • plan must be submitted to the Shingle Creek Watershed Management Commission for review and comment. Procedures for rezoning were detailed by the Secretary. He recommended following the Commission's public hearing, that the rezoning proposal and site and building plan be referred to the Northwest Neighborhood Advisory Group for review and comment. It was noted that State Statutes allow only 60 days for City review and determination on zoning matters. While the applicant can demand the matter be acted on by the Council within 60 days of the date of its filing, the time limitation does not give the Commission adequate time to make its recommendation. Mr. Warren stated the applicant has been requested to waive the 60 day time frame in lieu of the Commission's review process. It is recommended that the Commission confirm the applicant's acknowledgment of this waiver and assure that the application will be expedited. Mr. Warren pointed out that the 4 parcels of land must also be platted into one single parcel and the recommendations outlined in the staff report including a number of details not yet received from the applicant must be incorporated into the proposal. The Secretary recommended that following the Commission's consideration of the proposal and the public hearing, the application be tabled with the consent and acknowledgment of the applicant, and the application be referred to the Northwest Neighborhood Advisory Group for its review and comment. Chair Willson called for comments from the Commissioners. Chair Willson noted that considerable • information is still required for this application and emphasized that the Commission be allowed adequate time to consider this application. Mr. Warren explained the protection provided in City ordinances and reviewed the time frame required to process this application. Commissioner Walker inquired about the staff recommendation regarding installation of a screening fence on the property. Mr. Warren recommended that an 8 foot high opaque fence or wall be installed along the parking lot on this site to screen various adverse effects on the abutting residential property. PUBLIC HEARING (APPLICATION NO 96017 BROOKDALE MITSUBISHI) There was a motion by Commissioner Booth, seconded by Commissioner Newman, to open the public hearing on Application No. 96017, at 8:45 p.m. The motion passed unanimously. Mr. John Baker, Baker Associates, Inc., Minneapolis, architect for the project, emphasized their concern for the natural buffer zone between the commercial and residential and existing uses on Brooklyn Boulevard, and indicated the design package and proposal are straight - forward. Chair Willson inquired whether the applicant will waive the 60 day review and decision period. Mr. Ted Terp, Brookdale Mitsubishi, Minneapolis, on behalf of the applicant, agreed to waive the 60 day review and decision period allowed under State Statutes. The Commissioners acknowledged waiver of the 60 day requirement by Brookdale Mitsubishi under Application No. 96017, and assured expeditious handling of the application. • Commissioner Walker inquired what the hours of operation will be for the business. Mr. Terp stated the service hours will be 7:30 a.m. to 6 p.m. Service hours will be expanded in the future based on 10 -17 -96 5 • customer demand, however City criteria will be followed. The sales showroom for new and used vehicles will be open 9 to 9 Monday- Thursday and 9 -6 on Friday. Chair Willson noted that landscaping, parking plans, lighting and trash enclosure are not defined and that information must be provided to the Commission. Messrs. Baker and Terp indicated their intent to comply with the requests for additional information on the Application. The Commissioners inquired about various aspects of the proposal. Messrs. Baker and Terp responded to their questions, described the components of the automobile dealership, and reiterated that more information will be provided with respect to the Commissioners' concerns. Mr. R. Duffy, 7215 Perry Court East, expressed concern about the effect of this proposal on the property values of Creek Villa homeowners, the noise pollution created by public address paging systems especially during the evening hours, extensive lighting and odorous fume pollution from the property, increased traffic problems particularly with hazardous exit and entry to Creek Villa, and unsightly operations of an automobile dealership. He noted the information presented is sketchy with respect to concerns of the residents. Mr. Duffy explained that the Creek Villa neighborhood owns and maintains its private streets and expressed concern regarding use of its streets for "test" driving of vehicles. He stated the homeowners association has previously contacted the existing Toyota dealership, with little success, to alleviate the current problems with test drivers (customers, employees, and salesmen) using Creek Villa streets. • Ms. S. Bergfalk, 7209 Pe Court West, outlined opposition to the proposed rezoning and n'Y PP P p g development of Brookdale Mitsubishi. She pointed out that the plan is inconsistent with the City's Comprehensive Plan and sacrifices residential quality of life for economic benefit. She expressed concern regarding overall environmental impact of the proposal including the pollution of air, water, soil, lighting, noise, and toxic materials created by an automobile dealership and noted that the proposal does not address these concerns. Ms. Bergfalk recommended that the Planning Commission carefully consider the mental health and physical well being of the Creek Villa community, which is already enduring countless hazards from the existing car dealerships, be protected through limited hours of operation, increased buffer zones, prevention of excessive lighting, and elimination of the automobile repair aspect of the proposal. Mr. P. Goldstein, 7212 Perry Court East, described the location and style of his home as it relates to the proposed development which will be directly affected by the development of this proposal. While foliage on the trees during the summer provide some relief from the pollution, an 8 ft. fence would not be adequate for screening in his opinion. He reiterated and supported the concerns previously expressed regarding noise and light pollution from the proposed development and invited the Commissioners and the applicant to visit his home to view the sight lines. Mr. R. Greenwood, 4908 Wingard Place, reiterated and supported the concerns expressed regarding noise pollution caused by loud speaker systems. He inquired about the need to rezone the small • portion of the property that lies on the Creek Villa/Shingle Creek (south) side of the property which 10 -17 -96 6 the developer does not intend to use. (Chair Willson responded that the City generally rejects "spot zoning" to the benefit of any individual or business.) Ms. J. Cole, 7220 Perry Court East, explained that the 3 -level design of her home in Creek Villas faces the adjacent property. While trees in full foliage during the summer months would deflect the development, she pointed out that for 8 months of the year, the trees are bare and noise and lighting from the existing Toyota dealership already create noise and lighting pollution. Ms. Cole requested that the residents and quality of life of Creek Villa, who are primarily retired persons, and the Creek, wildlife, and natural beauty of the area be protected and preserved through intense examination of the proposal. Mr. K. Wutschke, 7226 Perry Court East, described the proximity of his home to the proposed development. He reiterated and supported the concerns expressed regarding noise /public address system and light pollution. He described apprehension regarding the water run -off from the blacktopped dealership given the porous soil conditions in the area and its effect on Shingle Creek. (It was noted that the Watershed Management Commission must review the, plans for this project.) Mr. Wutschke questioned the value of an 8 foot fence in deterring noise and light pollution from the development. Mr. W. Sampson, 7208 Perry Court West, reiterated and supported the concerns expressed regarding visual and auditory pollution. Noting that the deciduous trees in the area loose leaves early in the year, Mr. Sampson suggested that large non - deciduous trees such as evergreens be planted in the affected areas. Ms. R. Andrescik, 7212 Perry Court East, expressed strong concern regarding the initial establishment of operating hours of the dealership as stated by the applicant and indicated that further discussion on this subject is imperative to the residents of the Creek Villa neighborhood. The Commissioners, Mr. Warren, and the applicant's representatives, Messrs. Baker, and Terp acknowledged the concerns expressed by the public. The applicants stated they are willing to work with the neighborhood to address the problems cited and to reach mutual solutions. Mr. Terp suggested that the small parcel of the property lying south of Shingle Creek could be donated to the Creek Villa homeowners. ACTION TO TABLE CONSIDERATION OF APPLICATION NO 96017 AND TO CONTINUE PUBLIC HEARING (BROOKDALE MITSUBISHI) At 9:30 p.m., there was a motion by Commissioner Booth, seconded by Commissioner Walker, to table action on Application No. 96017, to refer the Application to the Northwest Neighborhood Advisory Group for review and comment, and to continue the public hearing. Voting in favor: Chair Willson, Commissioners Booth, Newman, Reem, and Walker. The motion passed unanimously. 10 -17 -96 7 A meeting of the Northwest Neighborhood Advisory Group will be scheduled as soon as possible to expedite consideration and action on Application No. 96017. The applicant, the affected residents, and Commissioners will be notified of the meeting date. Arlene Bergfalk agreed to act as Recording Secretary for the neighborhood meeting. Chair Willson recessed the meeting at 9:30 p.m. and reconvened at 9:40 p.m. APPLICATION NO. 96019 (LANDFORM ENGINEERING COMPANY Chair Willson introduced Application No. 96019, a request submitted by Landform Engineering Company for preliminary plat approval to subdivide into 3 lots the 13.09 acre parcel of land located on the north side of Freeway Boulevard, westerly of the Schmitt Music site. Mr. Warren presented the staff report using overhead transparencies to show the site and location of the property to be subdivided. (See Planning Commission Information Sheet for Application No. 96019 dated 10 -17 -96 attached.) The purpose of the subdivision is to create 3 legal lots based on the 3 separate uses of the site. Adequate parking for each of the separate uses and proportionate division of the wetland and flood plain area between the 3 properties is provided. Mr. Warren distributed a revised Parking Summary provided by the Applicant reflecting the parking scheme which meets zoning district standards and revised property lines. The subdivision will create Lot 1, 3.96 acres, site of the T.G.I. Friday's Restaurant; Lot 2, 5.30 acres, site of the 85 unit Country Inn and Suites; and Lot 3, 3.82 acres, site of a 250 seat (yet undetermined) restaurant. These developments were previously approved under Planning Commission Application No. 96012. Appropriate cross access and parking agreements are required for inclusion in the final plat. Review and approval of the site has been received from the Shingle Creek Watershed Management Commission. The City Engineer may offer additional comments on the application. Mr. Warren indicated the preliminary plat is in order and recommended approval subject to 3 conditions outlined in the staff report. Chair Willson called for comments from the Commissioners. Chair Willson inquired whether the sewer line on the property has been re- located. Mr. Warren explained that relocation to the street line has been completed. PUBLIC HEARING (APPLICATION NO 96019 LANDFORM ENGINEERING COMPANY) There was a motion by Commissioner Booth, seconded by Commissioner Reem, to open the public hearing on Application No. 96019, at 9:50 p.m. The motion passed unanimously. Mr. Darren Lazan, representing Landform Engineering Company, Wayzata MN, referred to the revised parking summary submitted with revised lot lines to create the lots described by Mr. Warren in his presentation, and indicated there were tight constraints on the property based on the real estate • agreements. Cross access and parking agreements will be prepared for the final plat documentation. Mr. Lazan stated the subdivision is for legal separation of the properties based on their uses; however 10 -17 -96 8 • all other previous site approvals remain the same. Favorable consideration and approval of the preliminary plat subdivision was requested. The design, construction and location of the cupolas on the buildings were reviewed. Mr. Lazan stated that negotiations for occupancy of the second restaurant continue. Construction has begun and it is anticipated that will continue through fall and winter with initial completion of T.G.I. Fridays early in the spring. There was a motion by Commissioner Walker, seconded by Commissioner Newman, to close the public hearing on Application No. 96019, at 9:55 p.m. The motion passed unanimously. The Commissioners interposed no objections to the Application as submitted subject to the conditions outlined in the staff report. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 96019 (LANDFORM ENGINEERING COMPANY) There was a motion by Commissioner Booth. seconded by Commissioner Walker, to recommend to the Council that it approve Application No. 96018, submitted by Landform Engineering Company, Wayzata, MN, subject to the following conditions: 1. The final lat is subject to review and approval b the City Engineer. p J Pp Y 2. The final plat is subject to the provisions of Chapter 15 of the city ordinances. 3. Appropriate cross access and parking agreements, as determined by the City Attorney, shall be executed prior to final plat approval and be filed with Hennepin County as part of the final plat. Voting for: Chair Willson, Commissioners Booth, Newman, Reem, and Walker. The motion passed unanimously. The Council will consider the recommendation at its October 28, 1996 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioner will require that the application be returned to the Commission for re- consideration. Commissioner Reein inquired about Landform Engineering Company's progress on the Rainbow Food Store complex at 63rd and Brooklyn Boulevard. Mr. Lazan stated the asbestos abatement has begun following approval of the procedure by the Minnesota Pollution Control Agency. The developer intends to complete demolition and begin construction yet this fall. DISCUSSION - PRELIMINARY SITE PLANS BMITTED BY DAKOTA HOSPITALITY COMPANY Mr. Warren reported that a preliminary site plan application has been filed today for a Planned Unit Development at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. This site 10 -17 -96 9 • was originally approved for a Country Harvest restaurant, therefore the plan represents a revision to the existing one which did not reach culmination. The developers requested that a preliminary site plan be presented at this meeting. The formal application will be placed on the Commission's November 14 meeting agenda. Representatives of Dakota Hospitality Company, a North Dakota hospitality development and management company, presented extensive information on its company, showed drawings and models of its proposed Americinn Motel and Suites, proposed to be constructed on the site. The Commissioners asked questions, made comments and suggestions, and participated in a general discussion with the representatives. Details of the presentation are not included in these minutes because this subject was presented only for preliminary discussion and the Commissioners took no action. Details will be included in the minutes of the meeting at which the formal Application is presented, considered, and acted upon by the Commission. OTHER BUSINESS The Commission's next meeting will be a joint meeting at 7:00 p.m. on October 30, 1996 with the City Council members in Conference Room B, City Hall, to consider the plans and timetable to update the City's Comprehensive Plan. Mr. Warren reminded the Commissioners that the October 31 regular meeting is canceled. • ADJOURNMENT There was a motion by Commissioner Booth, seconded by Commissioner Reem, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:25 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial • 10 - 17 -96 10 MEMORANDUM 8 � TO: Michael J. McCauley, City Manager • FROM: Sharon Knutson City Clerk J DATE: October 23, 1996 SUBJECT: Mayoral Appointment of Two Members to Serve on Housing Commission On September 10, 1996, Rex Newman resigned from the Housing Commission, and on September 17, 1996, Amy Gonyea resigned from the Housing Commission. Notice of vacancy on the commission was published in the Brooklyn Center Sun -Post on September 18 and September 25, 1996. Notice was posted at City Hall and Community Center and aired on Cable Channel 37 from September 12 through October 18, 1996. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission notifying them of the vacancy. Notices were also sent to current advisory commission members. Attached for City Council Members only are the applications received as follows: • Rodger Carey 4513 64th Avenue North Michael DesParois 5301 Dupont Avenue North Stephen Erdmann 4919 61 st Avenue North Shawn Taylor 3955 69th Avenue North Benjamin Torell 2713 63rd Avenue North Mark Yelich 6018 Beard Avenue North A memorandum from Mayor Kragness is attached identifying her nominations. Letters were sent to each applicant notifying them that their application for appointment would be considered at the October 28, 1996, Council meeting and they were invited to attend. Attached is a table which indicates the geographical distribution by neighborhood of the applicants and current members of the Housing Commission. Also attached are the procedures for filling commission vacancies adopted by the City Council on March 27, 1995. Recommended Council Action: - Appoint one member to serve on the Housing Commission to fill the unexpired term of Amy Gonyea, term to expire December 31, 1998. - Appoint one member to serve on the Housing Commission to fill the unexpired term of Rex Newman, term to expire December 31, 1996. • Attachments City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann Councilmember Charles F. Nichols, Sr. FROM: Myrna Kragness, Mayor DATE: October 23, 1996 SUBJECT: Housing Commission Nominations As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nominations of Michael DesParois and Mark Yelich to the Housing Commission. • 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 of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Applicants and Current Members October 23, 1996 Neighborhoods �I?��a� : Current Members Southeast ast #aer?[s Todd Cannon ..u► #At,rtt, 2205 Brookview Drive Northeast Lloyd Deuel 1606 72nd Avenue North Northwest est ......... Ernie Erickson 55 Nam 6800 Drew Avenue North Naomi I s c he 721 v 3 Kyle Avenue North Y West st Central ger_! �a�' �ey<>::>:»»>:>::>:>:::::>::»:;>:: >:<: »:: >: : <: >;: >:;: >:;: >:;::;:; Jonathan Carter 4700 Eleanor Lane Robert Torres � s> .a w .: t h 4501 Winchester Lane He my Yan g 6207 R Avenue R N orth g Cen tral .j ntr al ; 0. Beard ,A��renue N�►rth ..';:::.::::;:: Southwest Two vacancies. • City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3 /27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies h c shall be osted for 30 days before an official City P Y Y Y Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standin g advisory commissions; 4. Applications for Commission membership must be obtained in the City . Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. • 3 City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and uncil Members Carmody, Hilstrom, Mann, and Nichols From: Michael J. McCauley ,2 City Manager D Date: October 24, 1996 Re: Cold Weather Shut Off Rule Last Spring the City Council indicated an interest in having a cold weather shut -off policy, rather than pursue, at that time, a proposal made by the Finance Department to certify delinquent bill as special assessments. The agenda item would implement a policy of not shutting off residential water service during the winter months. The Resolution further provides for a review of the policy at the end of the upcoming season. • 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 Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING COLD WEATHER WATER SHUT OFF MORATORIUM FOR RESIDENTIAL USERS WHEREAS, electric and gas utilities are required by law to continue gas and electric utility service during cold weather; and WHEREAS, the City Council has reviewed the City P olicy on water shut offs for non - payment; and WHEREAS the City Council has determined that it would be reasonable and proper to institute a moratorium on water service disconnections during cold weather months. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that no residential customer shall have his/her water service terminated for non- . payment between the months of November 1, 1996, and April 1, 1997. BE IT FURTHER RESOLVED that a report be prepared for City Council review in ® May of 1997 on the operation and implications of this moratorium. 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I � I �� , * � - - - - - - - - - , - - , � � , --,� ,,,,,,� I I I - I " - I 11 3 j,N iy V. -_ I , - ��v ,--,-;,'l - } r ,.;,t�,- , - 5 A ".�,Y. s t +hQ I I � ` , , I � I I " jf f .# A l I "... I " � I I . -,,'- , , � � � I 1�,Il 11- - , .�; � A - s - `° _ $. t _ 1, I , � ,. -111, I � �, '. �., 'fit' r ��. � %1: � 11-1 � , , , , ,,,,, ��; ­ �� 11 11 I � , , I I - , - < - k �* 3r I - � I I ,- -�,� -,:,� I I � �fi : _r 1 , - I I , I a._ _ . . ,_.. -- - ., . . , "<. ` x w. . , .r ..u. ci•�°n v fi e. _ . w';. , � _a ,._.a,._ 3 City of Brooklyn Center Fe, A great place to start. A great place to stay. • To: Mayor Kragness and Council Members Carmody, Hilstrom, Mann, and Nichols From: Michael J. McCauley City Manager Date: October 24, 1996 Re: Modification of Tax Increment District As has been discussed in connection with a review of the entire tax increment district status, the original intent of the district, as it relates to Brookdale and the surrounding area cannot be achieved without modification. Since the area was certified, negative pressures on the value of Brookdale have substantially decreased the market value of the property below the base value established for the district. As indicated in Mr. Hoffman's memorandum, this results in the situation where no tax increment would be available to assist in the redevelopment of Brookdale and surrounding areas for the first $20 Million of redevelopment activity. Redevelopment competes with bare land development. In order to be positioned to be able to implement the initial purpose of the district, modification is necessary to adjust the base to the present value. This adjustment better positions the City to assist in potential redevelopment activities. There could be additional slippage in value prior to redevelopment, but the current substantial drop in value would have been addressed through the proposed knock -down to the current value as the base. The Resolution, in addition to setting a public hearing for the review and possible adoption of the proposed change authorizes me to engage the services of a financial consulting firm and bond counsel to work on the materials and analysis for the potential change. I would have Springsted, Inc. Perform the financial service work and Dorsey & Whitney perform the legal work. Springsted, Inc. has been the City's financial advisor. Dorsey & Whitney has been involved in similar issues and is prepared to meet our time lines. As indicated in previous materials, there has been difficulty in obtaining timely opinions from the firm generally used in the past for bond work. Thus, I am requesting the authorization to select legal advisors to facilitate the tight time line of this review. 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 7� From: Brad Hoffman, Community Development Director Date: October 23, 1996 Subject: Resolution Calling for a Public Hearing by the City on the Modification of the Redevelopment Plan for Housing Development and Redevelopment Project No. 1 and the Modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 3 On Monday evening the Council will be asked to consider a resolution calling for a public hearing to be held December 16, 1996, relative to the modification of Tax Increment District No. 3. The resolution directs the City Manager to prepare the appropriate modification plans and submit same to the appropriate public bodies, in compliance with state requirements, before the public hearing. At the time the district was established in 1994, Brookdale had a value of slightly more than $49,000,000. The 1996 value of Brookdale is $24,000,000, and the 1997 value will probably be • in the area of $21,000,000. As a practical matter, even with a significant renovation Brookdale will generate little, if any, TIF. As you are aware, if Brookdale does not generate a significant TIF cash flow, the City's ability to assist the center, as well as its ability to consider other significant redevelopment needs within the City, will be significantly limited. The proposed plan would have the City drop several parcels from the current district and then bring them back in at their current value. The plan recognizes the current value of the properties and puts the City/EDA in the position originally contemplated when the TIF plan was passed. It is anticipated that this process would be completed by the end of this year. • • Memorandum To: Michael J. McCauley, City Manager From: Tom Bublitz, Community Development Specialist a Date October 23, 1996 Subject: Resolution Amending City Council Resolution No. 91 -277, a Resolution Closing the 1976 Special Assessment Debt Service Fund and Transferring the Remaining Funds to the EDA Fund, the Capital Improvements Fund, the Special Assessment Construction Fund, and the Park Bonds of 1980 Debt Service Fund In 1991, the City Council passed Resolution No. 91 -277, a copy of which is attached to this memorandum. One of the main items in the resolution was the transfer of $1,000,000 to the Economic Development Authority for the creation of an endowment to use for EDA projects referenced in Minnesota Statutes, Section 469.012, Subd. 1, Clause (7). Minnesota Statutes Section 469.012, Subd. 1, is the portion of the State statute which addresses the powers of Economic Development Authorities. Clause (7) of this statute section addresses the acquisition, demolition, and construction of improvements on real property. • Resolution No. 91 -277 also stipulated that the transfer of the $1,000,000 to the Economic Development Authority would provide that the earnings from the $1,000,000 would be used to support the designated projects. The minutes from the December 16, 1991, City Council meeting regarding the adoption of Resolution No. 91 -277 do not reflect any discussion regarding the resolution, but apparently there was no specific project the City Council was intending to fund, but rather transferred the $1,000,000 with the intent of using the earnings from the principal on future projects. In order to access the principal balance in the endowment account, the City Council would need to amend Resolution No. 91 -277 to use the principal amount in the 53rd Avenue Development and Linkage Project. Additionally, Clause (7) of the statute referenced in the resolution addresses acquisition, demolition, and construction of public improvements. There are additional powers of the EDA included in Minnesota Statutes, Section 469.012, Subd. 1, such as executing purchase agreements, authorizing relocation payments, conveying property, etc. These powers would be essential to implementing the project and I would recommend the amendment to the resolution reflect the entire schedule of EDA powers included in Subdivision 1. A companion resolution to Council Resolution No. 91 -277 was approved by the EDA and is addressed in a separate resolution prepared for EDA consideration. • (RESCLSFD) • Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 91 -277 RESOLUTION CLOSING THE 1976 SPECIAL ASSESSMENT DEBT SERVICE FUND AND TRANSFERRING THE REMAINING FUNDS TO THE EDA FUND, THE CAPITAL IMPROVEMENTS FUND, THE SPECIAL ASSESSMENT CONSTRUCTION FUND, AND THE PARK BONDS OF 1980 DEBT SERVICE FUND WHEREAS, Section 7.11 of the City Charter provides the City Council with the authority to make transfers between all funds which may be created, provided that such transfers are not inconsistent with the provisions of the City Charter, or State Statutes; and WHEREAS, the 1976 Special Assessment Debt Service fund was established to receive special assessment collections and interest earnings and to make debt service payments on the bonds sold; and WHEREAS, all obligations of the 1976 Special Assessment Debt i Service fund were satisfied and all bonds and interest paid on February 1, 1991; and j WHEREAS, there now exists accumulated cash surpluses and delinquent taxes and special assessments receivable which are primarily a result of interest earned on investments and transfers from other debt service funds which were closed in prior y ears; and i WHEREAS, the Fund Balance in this fund as of December 31, 1990 i was $1,950,378.01 and there have been additional special assessment collections and interest earnings during 1991; and WHEREAS, the City has established a Capital Improvements fund to provide funds and to account for the expenditure of such funds for major capital outlays i P ys (which shall include, but not be limited to, construction or acquisition of major permanent facilities having a relatively long life) ; and /or to reduce debt incurred for capital j outlays. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. to transfer effective January 1, 1991, the amount of $1,000,000.00 to the Economic Development Authority for the creation of an endowment, the earnings of which will be used to support acquisitions and projects conducted pursuant to Minnesota Statutes, Section 469.012, subdivision 1 clause (7) or such other projects as are hereafter approved by the City Council. • RESOLUTION NO. 91 -277 2. to transfer remaining the special assessments receivable • of approximately $5,000 to the Special Assessment Construction fund. 3. to transfer the remaining property taxes receivable of approximately $1,500 to the Park Bonds of 1980 Debt Service fund. 4. to transfer the remaining excess of 1991 revenues over expenditures to the Capital Improvements fund when they have been determined at year end. 5. to close the 1976 Special Assessment Debt Service fund. December 16, 1991 Date Mayor ATTEST: P�A71 * K r LA & Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member Jerry Pedlar , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. • Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 91 -277, A RESOLUTION CLOSING THE 1976 SPECIAL ASSESSMENT DEBT SERVICE FUND AND TRANSFERRING THE REMAINING FUNDS TO THE EDA FUND, THE CAPITAL IMPROVEMENTS FUND, THE SPECIAL ASSESSMENT CONSTRUCTION FUND, AND THE PARK BONDS OF 1980 DEBT SERVICE FUND WHEREAS, City Council Resolution No. 91 -277 provided for the transfer of $1,000,000 from the City's available fund balance as of December 31, 1990, to the Economic Development Authority; and WHEREAS, Resolution No. 91 -277 transferred the funds described above for the creation of an endowment, the earnings of which will be used to support acquisitions and projects conducted pursuant to Minnesota Statutes Section 469.012, Subd. 1, Clause (7), or such other projects as are hereafter approved by the City Council; and .WHEREAS, by City Council Resolution No. 96 -207, the Brooklyn Center City • Council approved the 53rd Avenue Development and Linkage Project by reprogramming Urban Hennepin County Community Development Block Grant funds from scattered site redevelopment projects to the 53rd Avenue Development and Linkage Project, and WHEREAS, the City Council has determined the use of the endowment funds are essential to finance the 53rd Avenue Development and Linkage Project; and WHEREAS, it is the desire of the Brooklyn Center City Council to have the EDA in and for the City of Brooklyn Center to administer and execute the 53rd Avenue Development and Linkage Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: A. City Council Resolution No. 91 -277 is hereby amended by revising the last paragraph on the first page of the resolution to read as follows: 1. To transfer effective January 1, 1991, the amount of $1,000,000 to the Economic Development Authority for the creation of an endowment which will be used to support acquisitions and projects conducted pursuant to Minnesota Statutes Section 469.012, Subd. 1, or such other projects as are • hereinafter approved by the City Council. RESOLUTION NO. • 2. The Economic Development Authority in and for the City of Brooklyn Center is hereby directed to administer and execute the 53rd Avenue Development and Linkage Project, including the creation and approval of a project budget and administration and execution of all project activities. 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. • • U MEMORANDUM • DATE: October 22, 1996 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Services SUBJECT: Resolution Establishing Policy Regarding the Use of City Water Towers For Personal Wireless Service Facilities The City Council at its October 15, 1996 meeting reviewed a draft Policy regarding personal wireless service facilities. Attached is a copy of the proposed Policy and a resolution providing for its adoption. At the October 15 meeting, the Council also had the opportunity to review a draft model lease agreement. That draft lease agreement is also attached. It is intended that this model lease agreement provide the basis for negotiations with personal wireless service providers regarding the siting of antenna arrays and ancillary equipment on City -owned water towers. The typical site for a typical provider would be the location on the tower of three antennas, • usually attached to the catwalk around the bowl, or to the body of the tower risers. These antennas would be attached equidistantly around the tower so that the provider would have 360 coverage. The provider would also have need to locate ancillary switching equipment. This equipment is generally housed in a small building at the foot of the tower. At the golf course tower, it would be possible to locate this equipment in the storage room inside the tower base, so there would be no additional buildings located on the course. The underlying principles in the Policy are these: 1) The total number of sites should be minimized through the encouragement of co -' location. In other words, most water towers are large enough that several providers can find adequate space both on the tower and on the ground for antennas and ancillary equipment. Maximizing the use of water towers and other existing locations such as tall buildings minimizes the need for investment in freestanding towers. 2) Use of the water towers will only be granted if the provider demonstrates that the facilities are safe. Providers are responsible for demonstrating that their facilities will not physically harm the tower structure nor interfere with its use; that the service provided will in no way interfere with any radio or other telecommunications utilized by the City or any other public agency; and that adequate public liability insurance is is .provided. 3) Installations must blend into the environment as much as possible. The provider • must comply with City standards as to the appearance of the antennae and any ancillary equipment or buildings, and must adhere to maintenance expectations. 4) The providers must reimburse the City for any costs which it incurs because of the presence of the provider's facilities. An example of such a cost is that which would be incurred if the provider is not responsive to notifications to remove graffiti from an ancillary building and the City performs the work. Another example might be the additional cost incurred during a project repairing the tower structure and coatings for special precautions taken to avoid the facilities and to allow the service to remain in use during the project. The attached resolution approves the attached policy, establishes an application fee and minimum monthly lease fee, and authorizes the City Attorney and City Manager to negotiate leases. No lease would be effective until it was ratified by the City Council. • • City of Brooklyn Center Policy Regarding the Use of City Water Towers • For Personal Wireless Service Facilities This Policy is established as a guide to city staff in the preparation and administration of site lease agreements which would permit the location of antenna arrays and ancillary equipment ( "facilities ") for personal wireless services on City -owned water towers. Section I: Policy Objectives City actions taken with regard to telecommunication activities must comply with a number of federal parameters established by the Telecommunications Act of 1996. For example, local actions must foster rather than discourage competition, thus the city will not discriminate against one or a group of providers in favor of another or another group of providers or potential providers. Under the same act, local actions which result in a prohibition on provision of telecommunication services are invalid. Thus staff is directed to facilitate establishment and provision of lawful wireless telecommunications services with the following local objectives in mind. ' minimize the overall number of sites through co- location requirements; • * insure that facilities will be safe and blend into their environment when possible; and X that they be placed in suitable locations with residential locations being a last resort. Section II: Policy regarding use of City -owned water towers for personal wireless service facilities. 1. Introduction The City of Brooklyn Center has received requests from personal wireless service providers to place antenna arrays and ancillary equipment ( "facilities ") on City -owned water towers. The Brooklyn Center City Council has determined that a uniform policy for reviewing these requests is desirable. 2. Priority of Users Priority for the use of City -owned water towers for telecommunication facilities will be given to the following entities in descending order: A. City of Brooklyn Center B. Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the City of Brooklyn Center and private entities with a • public safety agreement with the City of Brooklyn Center C. Other governmental agencies, for uses which are not related to public safety; and October, 1996 p age 1 City of Bro Center Policy Regarding Wireless Telecommunication Facilities • D. Entities providing licensed commercial personal wireless services including but not limited to cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. 3. Minimum Requirements The placement of personal wireless service facilities on City -owned water towers must comply with the following requirements: A. The facilities will not interfere with the purpose for which the water tower is intended; B. The facilities will have no adverse impact on surrounding private property; C. The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of the water tower, and other necessary provisions and safeguards. The fees shall be established by the City Council after considering comparable rates in other cities, potential expenses, risks to the City, and other appropriate factors; D. The applicant will submit a letter of credit, performance bond, cash deposit, or other security acceptable to the City to cover the costs of the facility's removal; E. The facilities will not interfere with other users who have a higher priority as discussed in Section 2; • F. Upon reasonable notice, the facilities may be required to be removed at the user's expense; G. The applicant must reimburse the City for any costs which it incurs because of the presence of the applicant's facilities; H. The applicant must obtain any necessary land use approvals; and I. The applicant will cooperate with the City's objective to promote co- locations and thus limit the number of separate antenna sites requested. 4. Special Requirements The use of City-owned water tower sites, for personal wireless service facilities brings with it special concerns due to the unique nature of these sites. The City's water towers represent a considerable public investment and play a vital role in the operation of the city's water distribution system. For these reasons, the placement of personal wireless service facilities on water tower sites will be allowed only when the City is fully satisfied that the following requirements are met: A. The applicant's use of the facility will not pose a risk to the City's water supply; B. There is sufficient room on the structure and/or on the grounds to accommodate the applicant's facilities, C. The presence of the facilities will not increase the maintenance costs to the City; • D. The presence of the facilities will not be harmful to the health of workers maintaining the water towers; and October, 1996 Page 2 City of Brooklyn Center Policy Regarding Wireless Telecommunication Facilities is E. The applicant's facilities will conform to the City's standards for appearance. 5. Application Process All applicants who wish to locate personal wireless service facilities on City -owned water towers must submit to the City Manager a completed application, the application fee, and detailed plan that complies with this policy along with other pertinent information requested by the City. 6. Termination The City Council may terminate any lease if it determines that any one of the following conditions exist: A. A potential user with a higher priority cannot find another adequate location and the potential use would be incompatible with the existing use; B. A user's frequency broadcast unreasonably interferes with other users of higher priority, regardless of whether or not this interference was adequately predicted in the technical analysis; or C. A user violates any of the standards in this policy, the lease agreement, or any other conditions attached to the City's permission. Before taking action, the City will provide notice to the user of the intended termination and the reasons for it, and provide an opportunity for the user to address the City Council regarding the proposed action. This procedure need not be followed in emergency situations. 7. Reservation of Right Notwithstanding the above, the City Council reserves the right to deny, for reasonable cause, the use of any or all City owned property by any one or all applicants. 8. Effective Date This policy shall be effective from and after its adoption by the City Council. Adopted by Resolution No. 96- at the meeting of the Brooklyn Center City Council. • October, 1996 Page 3 ................. DRAFT City of Brooklyn Center • Site lease Agreement h_ For Personal Communications Systems, Cellular or Page � Antenna Locations TABLE OF CONTENTS DRAFT • 1. Leased Premises 2. Rent (a) Amount. Adjustments (b) Time of Payment. Taxes 3. Governmental Approval Contingency (a) Tenant Application (b) Interference Study © Non - approval 4. Term and Renewals 5. Tenant's Use (a) User Priority (b) Purposes Construction (d) Operation (e) Maintenance. Improvement Expenses (f) Replacements (g) Drawings (h) Interference (I) Access O) Payment of Utilities 6. Emergency Facilities 7. Additional maintenance Expenses 8. Advances in Technology 9. Additional Buildings 10. Defense and Indemnification (a) General (b) Hazardous Materials © Tenant's Warranty 11. Insurance (a) Workers' Compensation (b) General Liability . (c) Automobile Liability (d) Tenant Property Insurance (e) Hazardous Materials Coverage (f) Adjustment to Insurance Coverage Limits (g) Additional Insured - Certificate of Insurance 12. Damage or Destruction 13. Lease Termination (a) Events of Termination (b) Notice of Termination (c) Tenant's Liability for Early Termination (d) Site Restoration 14. Limitation of Landlord's Liabilitv • 15. Temporary Interruptions of Service DRAFT 16. Tenant Interference (a) With Structure (b) With Higher Priority Users © Interference Study - New Occupants (d) Interference - New Occupants 17. Assignment 18. Condemnation 19. Disputes 20. Enforcement and Attornevs' Fees 21. Notices 22. Authority 23. Binding Effect 24. Complete Lease: Amendments 25. Governing Law 26. Severability • • DRAFT 0 SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ( "Lease "), made this _ day of 1996 between City of Brooklyn Center ( "Landlord "), and a organized and existing under the laws of ( "Tenant "). For good and valuable consideration, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property, located at , County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto, subject to any and all existing easements, and a portion of the Water Tower or other structures ( "Structure ") , as more particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord's Director of , together with appurtenant easements and access rights ( "Leased Premises "). 2. Rent. (a) Amount. Adjustments. As consideration for this Lease, Tenant shall pay Landlord an annual rent in the amount of for the initial year, which shall be increased each year on January 1, by the greater o£ (a) five percent (5 %) of the previous year's annualized rental, or by an amount equal to the increase in the Consumer Price Index ( "CPI "). The CPI shall mean the "Consumer Price Index' for All Urban Consumers, All Cities, All Items (1967 = 100) as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage fixture shall be multiplied by the previous year's rent (annualized for the first year, see Paragraph 4 below) . (b) Time of Pavment. Taxes. Landlord shall communicate all rental increases to the Tenant in writing by the preceding December 1 of each year. The annual rental shall be paid before January 1 of each year. For the first year, the rental shall be pro rated through December 31 and shall be paid to Landlord in full at the time Lease is executed. If the Tenant does not meet the requirements referenced i Q q nced n Subpara 3(a) below by and Tenant has diligently pursued such requirements.. Landlord shall refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. In addition to the annual rental, Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease. October, 1996 Page I • City of Brooklvn Center DRAFT, 166 Lease Agreement 3. Governmental Approval Contingences (a) Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering study specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. (b) Interference Study. Before obtaining a building permit, Tenant must pay for the reasonable cost of (1) a radio frequency interference study carried out by an independent and qualified professional selected by the Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study's showing that the Structure is able to support the Tenant's Facilities, as defined in Subparagraph 5 (b) without prejudice to the City's use of the Structure. If the study finds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the Structure, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. © Non- approval. In the event that an a necessary pp y pplication ne ssary under Subparagraph 3(a) above is finally ejected or an certificate permit, license or approval issued to Tenant is canceled Y J , Y P PP , expires, lapses, or is otherwise withdrawn or terminated b governmental authority so that P p y g ty Tenant, in its sole discretion, will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subparagraph 2(b) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under Subparagraph 13(d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 4. Term and Renewals. The "Initial Term" of this lease shall commence on the date in the first paragraph of this Lease ( "Effective Date ",) and end on December 31 of the fifth calendar year of the Lease. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for two (2) additional five (5) year renewal periods ( "Renewal Term ") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. (OPTION 1): This Lease shall be automatically renewed for each successive Renewal Term unless either Landlord or Tenant sends written notice of non - renewal to the other no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal • Term, such notice provided in accordance with Paragraph 21 of this Lease.) October. 1996 page 2 City of Brooklyn Center DRIFT alodel Lease Agreement • OPTION 2 : This Lease shall expire at the end of the Initial Term r ( ) p T o any Renewal Term unless Tenant sends written notice to landlord of Tenant's election to renew at least ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice provided in accordance with Paragraph 21 of this Lease. (Option 1 and Option 2 represent alternative renewal rights of Landlord and Tenant. Option 1 is an automatic renewal, but also gives Landlord the right of non - renewal at the end of each five year term. Option 2requires an affirmative notice to renew by Tenant, but does not give the Landlord the right of nonrenewal (unless it is for cause or otherwise provided in section 14). 5. Tenant's Use. (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect and Tenant's use shall be subordinate accordingly: 1. Landlord; 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3. Other governmental agencies where use is not related to public safety; and 4. Government- regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. (b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a Landlord approved communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. This use shall be non - exclusive, and Landlord specifically reserves the right to allow the Leased Premises to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Leased Premises. Tenant's communications antenna facility shall consist of antennas at a Landlord - approved location, along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ( "Antenna Facilities ") . Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and 'federal government agencies. (c) Construction. Tenant may erect and operate an antenna array in accordance with its submitted application attached as Exhibit B. If Tenant seeks to increase the number of antennas, it must first pay for an evaluation carried out by a qualified professional, retained by Landlord demonstrating that (I) each additional antenna will not interfere with existing antennas or with proposed antennas with a higher priority and that (ii) any Structure can structurally support the additional antennas. The cost of each evaluation must be paid by the October. 1996 page 3 • City of Brooklyn Center DRAFT Model Lease .4greement Tenant within 30 days after receiving written notice of the cost. Landlord must approve the installation of additional antennas, such approval will not be unreasonably withheld. If Landlord consents, the parties will negotiate the amount of additional rental for the antennas. (d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Antenna Facilities on the Leased Premises in accordance with good engineering practices, with all applicable FCC rules and regulations. Tenant's installation of all Antenna Facilities shall be done according to plans approved by Landlord, which approval shall not be unreasonably withheld. Any damage done to the Leased Premises or other Landlord property including the Structure during installation or during operations, shall be repaired at Tenant's expense, said repairs to be undertaken immediately in the event the damage endangers the safe operation of the water tower, or within 30 days in the event the damage does not endanger the safe operation of the water tower. If the Tenant fails to undertake or complete these repairs, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. The Antenna Facilities shall remain the exclusive property of the Tenant, unless otherwise provided in this Lease. (e) Maintenance. Improvement Expenses All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good • state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and secured by Tenant. If Tenant's Antenna Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. The Tenant agrees to clean and/or repair any damage due to vandalism within three (3) days notification of such damage. Furthermore, the Tenant agrees to pay all costs associated with said repair. If repair is not commenced within three (3) days notification, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. (f) Replacements. Before the Tenant may update or replace the Antenna Facilities, Tenant must request approval of the Landlord. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any other information reasonably requested by Landlord of such requested update or replacement, including but not limited to a technical study, carried out at Tenant's expense. Landlord may not unreasonably withhold approval (g) Drawings. Tenant shall provide Landlord with as -built drawings of the equipment and improvements installed on the Leased Premises, which show the actual location of all Antenna Facilities. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities actually placed on the Leased Premises. • October, 1996 page 4 City of Brooklvn Center DRAFT Model Lease Agreement (h) No Interference Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. (I) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall have access to the Structure only with the approval of Landlord. Tenant shall request access to the Structure twenty -four (24) hours in advance, except in an emergency, and Landlord's approval thereof shall not be unreasonably withheld or delayed. In the event it is necessary for Tenant to have access to the Structure at some time other than the normal working hours of Landlord, Landlord may charge Tenant for whatever expense that Landlord may incur in providing such access to Tenant. 0) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. 6. Emergency Facilities. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days in any calendar year unless Tenant obtains written approval from the Landlord. 7. Additional Maintenance Expenses Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, that are caused by Tenant's occupancy of the Leased Premises. Tenant acknowledges the need for periodic maintenance of the structure, including repair of the structure and its coatings. Landlord agrees to provide sixty (60) days notice of commencement of maintenance activities. Tenant is responsible for any cost associated with the removal, reinstallation, or protection of the Antenna Facilities during these maintenance activities. Tenant further agrees that the Landlord is not responsible for transmission lines during routine maintenance. Tenant may, at their own expense, test said lines before and after maintenance. October. 1996 Page 5 City of Brooklyn Center DRAFT ,Node! Lease Agreement 8. Advances in Technologv. As technology advances and improved antennas are developed which are routinely used in Tenant's business, Landlord may require, in its sole discretion, the replacement of existing antennas with the improved antennas if the new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of the improved antennas are practical and technically feasible at this location. 9. Additional Buildings. Tenant acknowledges that Landlord may permit additional buildings to be constructed on the property described in Exhibit A. At such time as this may occur, Tenant will permit said buildings to be placed immediately adjacent to Tenant's building and will allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant and will not compromise the structural integrity of Tenant's building nor interfere with Tenant's use of the building.. Said buildings shall be consistent in appearance and character with the surrounding area, and shall be in accordance with all standards developed by the Landlord's Building Official. 10. Defense and Indemnification. (a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease, except those which arise solely from the negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant's Antenna Facilities, equipment and related facilities on the Leased Premises. b H ardous Materials - Without limiting the scope of Subparagraph 1 a v O � b p 0 (a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's f es and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises associated with the Tenant's use of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. October, 1996 Page 6 • City of Br ooklyn Center DRAFT mode! Lease Agreement © Tenant's Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous materials, unless Tenant specifically informs Landlord thereof in writing twenty -four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased Premises. The obligations of this Paragraph 10 shall survive the expiration or other termination of this Lease. 11. Insurance (a) Workers Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b) General Liability The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises /Operation, broad form contractual, independent contractors, and products /completed operations. • The Tenant must maintain aforementioned c m en ive general w' o preh s g ral habilrty coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. © Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage of ridges afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned. non -owned and hired automobiles. • October, 1996 pa ge 7 Ci of Brooklvn Center DRAFT Model Lease Agreement • The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. (d) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. (e) Hazardous Materials Coverage. Tenant must carry sufficient coverage, to the reasonable satisfaction of Landlord, for damage caused by Hazardous Materials. (f) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term by the greater of the Consumer Price Index as calculated under Paragraph 2(a) or 25 %. (g) Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A+ or better), licensed to do business in the state of Minnesota, which includes all coverages required in this Paragraph 11. Tenant will name the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be canceled, non - renewed, or materially changed without thirty (30) days prior written notice to the Landlord. 12. Damage or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30 days, written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 13. Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sixty(60) days written notice to the other party as follows: (1) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); • October. 1996 Page 8 • City of Brooklyn Center D2iFT Model Lease Agreement (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; (iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons under the Tenant's Antenna Facilities, design or engineering specifications or the systems to which the Antenna Facilities belong; (iv) by Landlord, if its Council decides, for any reason, to redevelop the Leased Premises and/or discontinue use of the Structure for all purposes; (v) by Landlord if it determines that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vi) or by Landlord if it determines that a potential user with a higher priority under Subparagraph 4(a) above cannot find another adequate location, or the Antenna Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part of the application process; or (vii) by Landlord if it determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the Landlord's Council. (b) Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. (c) Tenant's Liability for Early Termination. If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. (d) Site Restoration In the event that this Lease is.terminated or not renewed, Tenant shall have 60 days from the termination or expiration date to remove its Antenna Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure. Upon the commencement of this Lease, Tenant shall deposit with Landlord the • October, 1996 Page 9 • City of Brooklyn Center DP-4F ,Vfode! Lease Agreement sum of $5,000.00, which shall be fully refunded to Tenant upon the timely removal of the Antennas Facilities, and related equipment, the repair of the site and the restoration of the Structure surface to the reasonable satisfaction of the Landlord. In the event that Tenant's Antenna Facilities, and related equipment are not removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned and become the property of the Landlord and Tenant shall have no further rights thereto. Tenant has notified the Landlord that the following entities have an interest in the Antenna Facilities and related equipment because of financing arrangements: If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to the above entities at the addresses provided, informing them that Antenna Facilities or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other, reasonable costs paid within thirty (30) days. 14. Limitation of Landlord's Liability If Landlord terminates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 15. Temporary Interruptions of Service. If Landlord determines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities, except as may be caused by the willful misconduct of the Landlord, its employees or agents. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion. 16. Tenant Interference (a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use • October. 1996 Page 10 C ity of Br ooklyn Center DR 4FT Model Lease Agreement thereof no later than an thre business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease. (b) With Higher Priority Users. If Tenant's Antenna Facilities cause impermissible interference with higher priority users as set forth under Subparagraph 5(a) above or with preexisting tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord may at its option terminate this Lease immediately. (c) Interference Study - New Occupants Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ( -Leased Premises Area,) , Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such • request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies, unless the Landlord or other higher priority user requests the use. In that event, the Tenant and all other tenants occupying the Leased Premises Area shall pay for the necessary interference studies, pro rata. (d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises Area to any parry who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Antenna Facilities. Landlord agrees further that any future lease of the Leased Premises Area will prohibit a user of equal or lower priority from interfering with Tenant's Antenna Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances, against interference. Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. October, 1996 Page 11 • City of Brooklyn Center D94FT Model Lease Agreement 17. Assignment. This Lease, or rights thereunder, may not be sold, assigned, or transferred at any time by Tenant except to Tenant's affiliates or subsidiaries. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of the Landlord, such consent not to be unreasonably withheld. For purposes of this paragraph, an "affiliate" or "subsidiary" means an entity in which Tenant owns greater than a 50% interest. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity which provides financing for the purchase of the equipment to be installed at the Leased Premises. 18. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the • condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving /removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 19. Disputes Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of the dispute, shall be submitted first and promptly to mediation. Each party shall bear its own costs of mediation. If mediation does not result in settlement within forty -five (45) days after the matter was submitted to mediation, either party may file a claim in arbitration in accordance with the applicable rules of the American Arbitration Association. The award rendered by the arbitrator may be entered as a judgment in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the Leased Premises is located. Arbitration shall be the exclusive remedy of the parties. 20. Enforcement and Attornev's Fees In the event that either party to this Lease shall bring a claim in arbitration to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. • October, 1996 Page 12 • City of Brooklyn Center DRAFT Model Lease Agreement 21. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: If to Tenant, to: with a copy to: i 22. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 23. Binding Effect This Lease shall run with the Leased Premises. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. . 24. Complete Lease: Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 25. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 26. Severabilitv. If any term of this Lease is found be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. October, 1996 Page 13 • IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: City of Brooklyn Center By Mayor By City Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 199_, by Myrna Kragness, Mayor, and Michael J. McCauley, City Manager, respectively of the City of Brooklyn Center, on behalf of the City. Notary Public My commission expires: • TENANT: a corporation By Name and Title By Name and Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 199_, by , and respectively the and of , on behalf of the corporation. • Notary Public My commission expires: Resolution No. 3. There are hereby established the following fees: • Application fee: $2,000, plus $1,000 for sites in addition to the first, provided application is made concurrently *Lease fee: $1,000 per month per site per provider, minimum These fees may be amended by the City Council by resolution from time to time. 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. • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ESTABLISHING REGARDING THE USE OF CITY WATER TOWERS FOR PERSONAL WIRELESS SERVICE FACILITIES WHEREAS, the Telecommunications Act of 1996 preserves local zoning authority regarding the siting of "personal wireless service" towers and other facilities but prohibits local governments from being unreasonably restrictive in the exercise of that authority; and WHEREAS, the City of Brooklyn Center desires to facilitate the siting of personal wireless service facilities through the encouragement of co- location and other strategies which provide reasonable opportunities for competition yet minimize any negative impact on the public safety and welfare; and WHEREAS, a number of service providers have contacted the City of Brooklyn Center expressing a desire to utilize existing City -owned water towers as sites for personal wireless service facilities; and WHEREAS, the City Engineer has determined that these water towers would be suitable locations provided certain engineering standards are met; and WHEREAS, the Planning Commission has reviewed the use of water towers for these types of facilities and recommends to the City Council that this use is allowable within the city's current zoning ordinance provided certain aesthetic standards are met; and WHEREAS, a Policy Regarding the Use of City Water Towers for Personal Wireless Service Facilities and a model Site Lease Agreement have been prepared which satisfactorily address engineering, planning, legal, and other relevant concerns. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Policy Regarding the Use of City Water Towers for Personal Wireless Service Facilities is hereby approved. 2. The City Attorney and City Manager are hereby authorized and directed to enter into negotiations for lease agreements in accordance with the City's model Site Lease Agreement. Said agreements shall be effective only upon • ratification by the City Council. MEMO To: Brad Hoffman, Community Development Director From: Ronald A. Warren, Planning and Zoning Speci st Subject: Adult Establishments Ordinance Date: October 25, 1996 An add -on item to the City Council agenda for Monday, October 28, 1996, is a first reading of an ordinance amendment extending the moratorium on the siting of adult establishments from its current November 30, 1996 deadline until March 30, 1997. During the time of the moratorium, adult establishments are only allowed to be located generally in C -2 (Commerce) zoning districts and only when they are 250 feet or more from a residential zone, any public day care, library, park, religious institution, playground or other public recreational facility, measured from property line to property line. The Planning Commission has had the opportunity to review the studies cited in the moratorium ordinance. I believe it would be worthwhile, prior to a final recommendation from the Planning Commission to the City Council, that a couple of joint meetings be held between the two bodies to establish some further policy direction regarding the final ordinance draft. It would also be worthwhile to have the city attorney review various legal aspects of such an ordinance amendment. Direction should also be sought as to whether it is in the City's best interest to concentrate such uses in a centralized area or attempt to establish separation of these uses to avoid concentrating them in one location. Either direction has various implications and impacts in terms of locating such establishments and how they may affect surrounding areas. I would suggest having wo joint meetings, one in December, perhaps on the Plannin g g , J g P p Commission's regular, meeting date of December 12, and the other in late January, perhaps at the Commission's January study session. Such a schedule would allow the Planning Commission to make its recommendation on a final ordinance amendment: and meet the extended moratorium deadline. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of November, 1996, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Ordinance Number 95 -02, as extended by Ordinance Number 96 -04, regarding adult establishments. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 95 -02, AS EXTENDED BY ORDINANCE NO. 96-4, EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background 1.01 On March 27, 1995, the City Council adopted Ordinance No. 95 -02 entitled, AN i ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF BROOKLYN CENTER; AND DIRECTING A STUDY TO BE CONDUCTED, which ordinance was extended by Ordinance No. 96 -04. 1.02 The City Council finds that additional time is needed to complete the study provided for in Ordinance No. 95 -02 and that an extension of said ordinance is necessary for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the city and to ensure that the city and its citizens retain the benefits of the city's Comprehensive Plan and Zoning Ordinance until the study is completed and any modifications to the city's zoning and land use regulations are adopted. Section 2. Amendment Section 6 of Ordinance No. 95 -02, as amended by Ordinance No. 96 -04, is amended as follows: This ordinance shall remain in effect until Nav,.....ber 3 0, ' nnc until March 30. 1997 or until such earlier time as said ordinance shall be revoked or otherwise amended. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. r ORDINANCE NO. • Adopted this day of , 1996. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate s di at ( e matter to be deleted, underline indicates new matter.) • DRAFT Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON MODIFICATIONS OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3 WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center ( "Authority ") administers Housing Development and Redevelopment Project No. I and Tax Increment Financing District No. 3 ( "TIF District ") within Housing Development and Redevelopment Project No. 1, pursuant to Minnesota Statutes Sections 469.090 to 469.1081 and Sections 469.174 to 469.179 (collectively, the "Acts "); and WHEREAS, due to significant property value changes within the TIF District, the City Council has determined to consider modifications to the Tax Increment Financing Plan ( "TIF Plan") for the TIF District and to hold a public hearing thereon in accordance with the Minnesota Statutes Section 469.175. NOW, THEREFORE, BE IT RESOLVED by the City Council (the "Council ") of the • City of Brooklyn Center, Minnesota (the "City "), as follows: 1. Public Hearing. This Council shall meet on Monday, December 16, 1996, at approximately 7:00 P.M. to hold a public hearing on the proposed modifications of the TIF Plan, all pursuant to and in accordance with Minnesota Statutes, Sections 469.174 to 469.179, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and 2. Notice of Hearing; Filing of Program. The City Manager is authorized and directed to engage the services of legal and financial firms to review and advise on the modified plan, to prepare the modifications to the TIF Plan and to forward the documents to the appropriate taxing jurisdictions, including Hennepin County and Independent School Districts Nos. 11, 279, 281 and 286. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published in the official newspaper of the City not later than ten days prior to December 16, 1996, and to place a copy of the proposed modifications to the TIF Plan on file in the Clerk's Office at City Hall and to make such copy available for inspection by the public. • Date Mayor RESOLUTION NO. • 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 followin g g voted against the same: whereupon said resolution was declared duly passed and adopted. • i • NOTICE OF PUBLIC HEARING ON MODIFICATIONS • TO TAX INCREMENT FINANCING PLAN OF THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will hold a public hearing on modifications to the Tax Increment Financing Plan (the "Financing Plan") for Tax Increment Financing District No. 3 (the "District") of the Economic Development Authority in and for the City of Brooklyn Center (the "EDA ") on Monday, December 16, 1996, at 7:00 P.M. or as soon thereafter as the matter may be heard at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The modifications to the Financing Plan will amend the Financing Plan to eliminate from the District certain parcels, and then subsequent to the elimination of such parcels, will further amend the Financing Plan to include such parcels in the District. Set forth with this notice is a map showing the area included in the District, which is the area from which tax increments may be generated and the area in which such tax increments may be expended. All who wish to be heard as to the modification to the Financing Plan will be given an opportunity to express their views at the time of the public hearing or may file written comments with the City Manager prior to the public hearing. Dated: October 28, 1996. • i