The URL can be used to link to this page

Home My WebLink About1989 07-24 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JULY 24, 1989 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk 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 in its normal sequence on the agenda. 6. Approval of Minutes: *a. July 10, 1989 - Regular Session 7. Final Plat Approval: a. Toys -R -Us *1. Approval of Plat *2. Approval of Subdivision Agreement 8. Resolutions: *a. Authorizing Execution of an Agreement between Metropolitan Clinic of Counseling and the City of Brooklyn Center for an Employee Assistance Program *b. Accepting Bid and Awarding Contract for North Lilac Drive Trail, Improvement Project No. 1988 -19, Contract 1989 -E *c. Declaring a Public Nuisance and Ordering the Removal of Shade Trees (Order No. DST 07/24/89) *d. Providing for Hearing on Proposed Assessments for Tree Removal Costs, Public Utility Hookup Charges, Delinquent Public Utility Accounts, and Delinquent Weed Removal Accounts e. Authorizing a Proposed Tax Levy for 1990 Budget Appropriations 9. Private Kennel License - 7:30 p.m. CITY COUNCIL AGENDA -2- July 24, 1989 10. Planning ommission Items: 7:45 .m. g ( P ) a. Planning Commission Application No. 89017 submitted by Robert Larsen Partners requesting 't equ tang si e and building plan approval to add approximately 39,000 sq. ft. of retail space to the Brookdale Square shopping center at 5900 Shingle Creek Parkway -This item was recommended for approval by the Planning Commission at its July 13, 1989, meeting. b. Planning Commission Application No. 89018 submitted by Robert Larsen Partners requesting preliminary plat approval to combine into a single parcel the Brookdale Square site and the General Cinema site to the east in accordance with Section 35 -540 of the zoning ordinance -This item was recommended for approval by the Planning Commission at its July 13, 1989, meeting. 1. Preliminary Plat Approval - Brookdale Square Addition 2. Final Plat Approval - Brookdale Square Addition 3. Approval of Subdivision Agreement c. Planning Commission Application No. 89019 submitted by Robert Larsen Partners requesting a variance from Section 35 -540 of the zoning ordinance to allow a small triangle of land along the east side of the old General Cinema sites -This item was recommended for approval by the Planning Commission at its July 13, 1989, meeting. 11. Discussion Items: a. Review of Housing Study - Proceeding on Phases II and III b. Setting Date for Special Meeting to Consider Bids for Alley Improvements - July 31, 1989 C. City of Robbinsdale Public Hearing - Watercraft regulations for South Twin Lake d. Administrative Traffic Committee Recommendations e. Consultant to Provide Land Use Study - 66th Avenue North and West River Road *12. Licenses 13. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 10, 1989 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, and Jerry Pedlar. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Deputy City Assessor Mark Parish, EDA Coordinator Brad Hoffman, and Administrative Aide Patti Page. Mayor Nyquist noted Councilmember Cohen would be late for this evening's meeting. INVOCATION The invocation was offered by Ms. Helen Jacobsen of the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Scott requested item 8e be removed, and Councilmember Paulson requested item 8c be removed from the consent agenda. APPROVAL OF MINUTES - JUNE 26 1989 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the June 26, 1989, meeting. The motion passed unanimously. FINAL PLAT APPROVAL - SUPERAMERICA ADDITION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the final plat for the SuperAmerica addition subject to the three remaining conditions listed on the staff memorandum. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the subdivision agreement between SuperAmerica, Miles and Shirley Fiterman, and the City of Brooklyn Center. The motion passed unanimously. 7/10/89 -1- RESOLUTIONS RESOLUTION NO. 89 -131 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT 1988 -17 (SIDEWALK INSTALLATION ON HUMBOLDT AVENUE AT 69TH AVENUE) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Beacon Bowl 6525 Lyndale Ave. N. K -Mart 5930 Earle Brown Dr. Scoreboard Pizza 6816 Humboldt Ave. N. GARBAGE AND REFUSE COLLECTION VEHICLE Aagard Sanitation 875 Prior Ave. N. Gallagher's Service, Inc. 1691 91st Ave. NE Hilger Transfer, Inc. 8550 Zachary Lane Mengelkoch Company 119 NE 14th Street Randy's Sanitation, Inc. Route 342 Walz Bros. Sanitation, Inc. P. 0. Box 627 Waste Control 95 West Ivy Avenue Woodlake Sanitary Service, Inc. 4000 Hamel Road ITINERANT FOOD ESTABLISHMENT Brooklyn Center Park & Recreation 6301 Shingle Ck. Pkwy. MECHANICAL SYSTEMS Pierce Refrigeration 1920 2nd Ave. S. SIGN HANGER Signcrafters Outdoor Display 7775 Main St. NE The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Work Performed under Improvement Project 1989 -14 (Landscape Improvements on France Avenue and Lakebreeze Avenue). Councilmember Scott inquired if there was a separate bond covering the plantings installed in these improvements. The City Manager responded affirmatively. RESOLUTION NO 89 -132 Member Jerry Pedlar introduced the following resolution and moved its adoption: 7/10/89 -2- RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT 1989 -14 (LANDSCAPE IMPROVEMENTS ON FRANCE AVENUE AND LAKEBREEZE AVENUE) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Accepting Work Performed under Improvement Project 1989 -11 (Installation of 4" DIP Water Main at Garden City Park). Councilmember Paulson inquired if the work being completed in the plaza behind City Hall is in conjunction with this contract. The City Manager responded negatively. He went on to briefly explain the project which is being worked on in the plaza. RESOLUTION NO. 89 -133 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT 1989 -11 (INSTALLATION OF 4" DIP WATER MAIN AT GARDEN CITY PARK) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1989 General Fund Budget, and Accepting Bid and Awarding Contract for Heating System Improvements at Municipal Garage, Improvement Project 1989 -04, Contract 1989 -D. The Director of Public Works stated the 1989 budget includes an appropriation of $25,500 for the installation of a new heating system at the municipal garage. He noted, unfortunately, the estimate which was obtained for this work did not include the cost for installing heating units in the vehicle wash rack area. He explained staff felt it is essential to install these heating units to assure a balanced heating system which will serve the City's needs. He noted staff had instructed the consultant to include these units into the base bid but to provide an optional deduct alternate which would allow deletion of those units from the current contract. The Director of Public Works stated if the Council wishes to stay close to the budget appropriation, the Council should consider accepting the bid with alternate A -1. He noted if the Council wishes to install the heating units in the vehicle wash rack area, he would recommend accepting the bid from Minnegasco and noted the project would be approximately $4,051 over budget. RESOLUTION NO 89 -134 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET, AND ACCEPTING BID AND AWARDING CONTRACT FOR HEATING SYSTEM IMPROVEMENTS AT MUNICIPAL GARAGE, IMPROVEMENT PROJECT 1989 -04, CONTRACT 1989 -D The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Declaring a Public Nuisance and Ordering the Removal of Shade Trees (Order No. DST 07/10/89). Councilmember Scott 7/10/89 -3- inquired if the City was turning River Ridge Park over to Suburban Hennepin Regional Park District. The City Manager responded affirmatively. Councilmember Scott inquired if it would be possible to turn the park over to them before the City has to pay for the removal of these trees. She noted there were about 42 trees on this particular list, and she did not believe the City should have to pay for the removal of these trees. The City Manager stated he would check into it with the Suburban Hennepin Regional Park District. A brief discussion then ensued regarding maintenance of the area once it is turned over to the Suburban Hennepin Regional Park District. Chief Lindsay entered the meeting at 7:16 p.m. RESOLUTION NO. 89 -135 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 07/10/89) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager stated the next four resolutions pertain to improvements on Shingle Creek Parkway at the entrance to Brookdale Square. The Director of Public Works briefly reviewed the existing entrances to Brookdale Square. He noted changes have been discussed with the traffic engineer, and a proposed agreement has been discussed with Brookdale Square. He then went on to review the plan for relocation and reconfiguration of the entrance to Brookdale Square. He noted staff believes this plan, in conjunction with the signal installation, will dramatically improve traffic flow on Shingle Creek Parkway and on -site. A discussion then ensued regarding how the improvements would be paid for and what is expected of the property owner. RESOLUTION NO. 89 -136 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH COMMERCIAL PARTNERS / BROOKDALE SQUARE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 -137 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1988 -24, BROOKDALE SQUARE TRAFFIC SIGNALS (MSA PROJECT NO. 109 - 109 -24) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -138 Member Jerry Pedlar introduced the following resolution and moved its adoption: 0 I 7/10/89 - 4 - L - RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -18, GEOMETRIC IMPROVEMENTS ON SHINGLE CREEK PARKWAY AT BROOKDALE SQUARE ENTRANCE (MSA PROJECT NO. 109 -109- 25) The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -139 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -19, ON -SITE IMPROVEMENTS TO BROOKDALE SQUARE ENTRANCE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PUBLIC HEARING - AMENDING DEVELOPMENT DISTRICT BOUNDARY LINES The City Manager stated staff is recommending the City Council open the public hearing regarding the amendment of development district boundary lines and then defer action until the September 25, 1989, City Council meeting. He noted this would allow staff time to gather all figures regarding the tax increment projects. Mayor Nyquist opened the meeting for the purpose of a public hearing on an amendment to the development district boundary lines. He inquired if there was anyone present who wished to speak at the public hearing. There being none, he entertained a motion to table the public hearing to the September 25, 1989, City Council meeting. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to table the public hearing on an amendment to development district boundary lines to September 25, 1989. The motion passed unanimously. DISCUSSION ITEM PURCHASE OF POLICE DEPARTMENT PORTABLE RADIOS AND HANDGUN REPLACEMENT PROGRAM The City Manager stated during the recent technical review of the City's radio equipment, it was determined that many of the existing portable radios are in need of replacement. He noted the officers share the existing portable radios from shift to shift, and these units are basically on the go almost 24 hours a day, seven days a week. He noted the net result is they receive a lot of jostling and banging around beyond what normal single shift use would be. He stated staff is proposing to increase the life expectancy of the new units and their reliability by purchasing sufficient units to assign one to each officer so that it will stay with that officer and not need to be passed on shift to shift. He noted the majority of the cost for these portable radios could be paid for from the forfeiture account. He stated approximately $7,500 in contingency funds would be necessary to complete the purchases. 7/10/89 -5- The City Manager stated the Police Department has also recommended that the City start the process of replacing the current revolver type handguns with semi- automatic weapons. He pointed out the transition from revolver to semi- automatic pistols requires a major commitment in time and money. He noted the officer transition training needs to be comprehensive and noted other Police Departments have utilized 20 hours of training per officer, including classroom and live fire time. He then went on to briefly review the schedule proposed by the Police Chief for purchase and training for the handguns. Councilmember Cohen entered the meeting at 7:42 p.m. The City Manager stated because it will take approximately one year to complete the selection process and training, he is asking the Council to express concept approval for the replacement of the revolvers at this time so that the planning process can proceed. Councilmember Pedlar stated he believes the need is there for new radios and handguns, but he feels the City should move faster in acquiring the new weapons. The City Manager stated staff does not believe they could move any faster than what has been outlined in the schedule. He noted the need for thorough training is very important from a safety and liability standpoint. Councilmember Pedlar inquired how many departments in the area are using semi - automatic weapons. The Police Chief stated most departments are allowing use of these weapons but are not furnishing them for their officers. Councilmember Pedlar stated he supports the purchase of the radios and the weapons, but he has a problem connecting the two together because of the proposed timeline for purchase of the weapons. Councilmember Cohen stated if Councilmember Pedlar's concern is with the timeline, then the issue should not be delayed tonight. He stated it may be possible to approve the concept this evening and ask staff to revise the timeline. Councilmember Scott inquired what the policy will be if an officer cannot adjust to the semi - automatic weapon. The Police Chief stated through the training process an officer should be able to adjust to the semi - automatic weapon. He stated if for some reason an officer cannot adjust, he would be allowed to continue using the service revolver. He noted the department would allow for additional training if necessary. A brief discussion then ensued regarding revision of the timeline for purchase and use of the semi - automatic weapons. RESOLUTION NO. 89 -140 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF PORTABLE RADIOS, AMENDING THE 1989 GENERAL FUND BUDGET, AND APPROPRIATING FORFEITED PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson directing staff to revise the proposed timeline for purchase, training, and use of the semi - automatic weapons by October 15, 1989. The motion passed unanimously. 7/10/89 -6- TEMPORARY ON -SALE INTOXICATING LIQUOR LICENSE FOR ST ALPHONSUS FUN FAIR The Cit Manager stated St. Alphonsus Catholic Church has submitted an application for a three -day temporary on -sale liquor license. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve issuance of a temporary on -sale liquor license for St. Alphonsus Catholic Church. The motion passed unanimously. OTHER BUSINESS The City Manager presented a Resolution Approving Sick Leave and Vacation Benefits for the New City Engineer. RESOLUTION NO 89 -141 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SICK LEAVE AND VACATION BENEFITS FOR THE NEW CITY ENGINEER The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8 :13 p.m. City Clerk Mayor I 7/10/89 -7- CITY OF BROOKLYN CENTER Council Meeting Date 7/24/89 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: TOYS R US - FINAL PLAT APPROVAL DEPT. APPROVAL: i * * * * * * * * * * * * ** *�* D *R * ** OR *O ** PUBLIC WORK * * ** * ** * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation Toys R Us, Incorporated seeks approval of the final plat of the Toys R Us addition. Previous Council Action The Council on June 12, 1989, approved the preliminary plat, subject to the conditions outlined on the attached memorandum. As noted in that memorandum, all conditions pertaining directly to final plat approval have been met. Staff Recommendation This plat is recommended for approval, subject to the one outstanding condition: installation and inspection of monumentation must be complete, according to the Subdivision Agreement, within thirty days of approval, and according to the conditions of approval of the preliminary plat, before release of the .performance guarantee. FINAL PLAT /RLS APPROVAL PROCEDURE Before the city authorizes the release of the executed final plat the following procedure will be followed: 1. If the Owner or Applicant is unfamiliar with the final Plat /RLS approval process, prospective Owners /Applicants should arrange an informational meeting with Engineering Department staff to discuss submittal requirements and to become familiar with applicable ordinance and policy provisions. 2. At least 15 days prior to the council meeting the Owner or Owner's Representative submits the Final Plat /RLS Approval Application. Two copies of the proposed Final Plat /RLS must be attached to the application. 3. The Owner delivers 2 copies of the proposed Final Plat /RLS and a current (updated within 30 days of submittal) abstract of the property or registered property abstract to the City Attorney, Charles LeFevere, with the firm of Holmes & Graven, 470 Pillsbury Center, Minneapolis, Minnesota 55402, Telephone No. 337 -9215. 4. The City Engineer sends a print of the Final Plat /RLS to the City Attorney, reviews the document, prepares any agreements (developer, utility hookup, easements, etc.) specified in Preliminary Plat /RLS approval conditions and submits the Final Plat /RLS to City Council. for approval. 5. The City Council acts on the Final Plat /RLS Approval Application and specifies conditions of approval. 6. The City Attorney reviews the Final Plat /R.LS, the Abstract, any special agreements. g ents. He then prepares the Title Opinion and returns the Abstract to the Owner. 7. The City Engineer receives favorable Title Opinion from the City Attorney and sends the Owner the required agreements for execution. 8. The Owner delivers executed copies of the required agreements, two Final Plat /RLS mylars (1 labeled "City Copy "), and 1 - 200 scale mylar to the City Engineer. 9. The City Engineer confirms that all of the required documents have been executed and delivered, circulates the agreements and mylars for City signatures, prepares the documents needed for recording the Final Plat /RLS at Hennepin County and notifies the Owner that the Final Plat /RLS has been executed by the City may be picked up and taken to Hennepin County for recording. NOTE: The procedure outlined above completes the Final Plat /RLS approval process required by the City of Brooklyn Center. Hennepin County has additional requirements for processing a Final Plat /RLS. If the Owner is not familiar with the County's requirements or with the filing process, we strongly recommend that the Owner delegate Plat /RLS recording to the Land Surveyor that prepared the Final Plat /RLS. FORMS: Platapp.p CITY OF BROOKLYN CENTER FINAL PLAT /RLS APPROVAL APPLICATION Please Print Clearly or Type Name of Proposed Plat /RLS Toys R Us Addition Street Address of Property 5425 Xerxes Avenue North Legal Description of Property (attached additional sheets, if necessary) Tract N and Tract R of RLS #1209 Owner Name Toys R Us, Inc. Phone No 201 -599 -780 Address 461 From Road Paramus, NJ 07652 Owner's Representative Wasyl Hnatiw Phone No 201- 599 -782 Address 461 From Road Paramus, NJ 07652 (DO NOT WRITE BELOW THIS LINE) WATERSHED COMMISSION APPROVAL Shingle Creek Watershed West Mississippi Watershed Watershed Approval Date - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PRELIMINARY PLAT /RLS APPROVAL Planning Commission Application No. 89015 Approval Date May 25, 1989 Planning Commission Recommendation: Approval, with conditions City Council Action Approval, with conditions City Council Approval Date June 12, 1989 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CITY COUNCIL ACTION ON FINAL PLAT /RLS APPLICATION SUBMITTED July 17, 1989 RECEIVED BY Diane Spector (Date) RESUBMITTED RECEIVED BY (Date) Dates of Council Consideration: Approved Denied this day of 19_, with the following conditions: FORMS: Platapp.p CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 r TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: July 24, 1989 RE: Final Plat - Toys R Us Addition Conditions adopted for the preliminary plat by the City Council, at its June 12 meeting, are as follows: 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. Monuments to be installed pursuant to the plat shall be inspected prior to release of the peformance guarantee for the Toys R Us development. 4. The applicant shall enter into a subdivision agreement with the City stipulating the payment of special assessments for public improvements and the responsibility for subdivision improvements. Said subdivision agreement shall be executed prior to final plat approval. Conditions 1, 2, and 4 have been met. Number 3 is not a condition of final plat approval, but must be satisfied prior to release of the performance guarantee. Accordingly, I recommend approval of this final plat, subject to the following condition: CF 1. Property monuments for the plat shall be installed and inspected prior to the release of the site performance guarantee. Respectfully submitted, Sy Knapp Director of Public Works cc: Toys R Us Subdivision CITY OF BROOKLYN CENTER Council Meeting Date 7/24/89 Y Agenda Item Number a^ z. REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: TOYS R US - SUBDIVISION AGREEMENT APPROVAL DEPT. APPROVAL: * * * * * * * * * * * * ** * I REC OR *OF PUBLIC WOR ************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation • The attached Subdivision Agreement between Toys R Us, Incorporated and the City of Brooklyn Center specifies: • the reapplication of the unpaid portions of special assessments levied against the Toys R Us Addition; • the utility connections and hookup charges; and • the other responsibilities of the Owner: installation of survey monumentation; execution of a utility maintenance and inspection agreement; a performance guarantee; and payment of SAC charges. All parties have executed this agreement. Staff Recommendation I recommend approval of this Subdivision Agreement. s SUBDIVISION AGREEMENT THIS AGREEMENT, Made and entered into the day and year set forth hereinafter, by and between Toys R Us. Inc. a Delaware Corporation hereinafter called the "Owner ", and the CITY OF BROOKLYN CENTER, a municipal corporation in the State of Minnesota, hereinafter called the "City ", WITNESSETH: WHEREAS, the Owner of Tracts N and R. Registered Land Survey No. 1209 which is located in Section 03, Township 118, Range 21, in the City of Brooklyn Center, Hennepin County, State of Minnesota, wishes to resubdivide the property as part of a new plat, hereinafter called the "Subdivision "; and WHEREAS, Section 15 -109 of the Brooklyn Center City Ordinances requires the Owner to enter into agreement with the City to provide for the construction of improvements required to provide service to the Subdivision, and to provide for a method of payment for such improvements: NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DIVISION 1 - APPLICATION OF THIS AGREEMENT 1.1 That the provisions of this agreement shall apply to all portions of the Subdivision. All references to portions or tracts within the Subdivision shall be deemed to apply to all portions or tracts of the Subdivision, unless the context in which such reference is used clearly indicates it applies to only specified portions or tracts. 1.2 The provisions of this agreement shall run with the land and shall bind the Owner, its heirs, executors, and assigns. DIVISION 2 - UNPAID CURRENT ASSESSMENTS 2.1 That Exhibit A, attached hereto, summarizes the unpaid portions of current special assessments which have been levied against the Subdivision for improvement projects previously completed by the City. That the Owner hereby acknowledges the benefits received from these projects. That these assessments will be apportioned to the various tracts of the Subdivision as summarized in the attached Exhibit A. DIVISION 3 - FUTURE UTILITIES CONNECTIONS AND HOOKUP CHARGES 3.1 That Exhibit B, attached hereto, summarizes the utility connections and hookup charges which will be made to the various tracts within the Subdivision as they are developed. That the Owner hereby acknowledges the benefits received from these connections and hookups and that the Owner will be responsible for the payment thereof in accordance with established City policies. DIVISION 4 - OTHER RESPONSIBILITIES OF THE OWNER 4.1 That the Owner shall provide for installation of survey monuments as comprehended under Chapter 15 of the Brooklyn Center City Ordinances. Said monumentation shall consist of installation of cast iron monuments at all block corners and cast iron or steel pipes or rods at all interior lot corners, points of deflection of block lines, and points of deflection of lot lines. The Owner shall provide a financial guarantee in the amount of $2,500.00 to guarantee said monumentation shall be installed within 30 days of approval of the final plat by the Brooklyn Center City Council. Said financial guarantee shall be provided in conjunction with those improvements considered necessary under paragraph 4.3. 4.2 That, upon installation of lateral water mains and /or lateral sanitary sewer mains within the Subdivision, the Owner shall provide an as- built survey, accurately depicting the location of said utilities. In addition, the Owner shall execute a Water and Sewer Main and Fire Hydrant Maintenance and Inspection Agreement, included herewith as Exhibit C, for all utility installations, both existing and proposed. 4.3 That the Owner will also be required to enter into a financial performance agreement included herewith as Exhibit D, and provide a financial performance guarantee to assure that all other on -site improvements within the Subdivision will be constructed, developed, and maintained in conformance with the plans, specifications, and standards as required by the City's zoning and platting ordinances, and as approved by the City Council on August 8, 1988, through Planning Commission Application No. 88009. That the Owner, in executing said financial performance agreement, acknowledges the conditions under which said guarantee has been provided and will be released. 4.4 That the Owner will be required to pay SAC charges as determined by the Metropolitan Waste Control Commission. DIVISION 5 - MISCELLANEOUS PROVISIONS 5.1 That the Owner agrees to pay to the City reasonable legal, engineering, and administrative fees, to be fixed by the court, in the event that suit or action is brought to enforce the terms of this agreement. 5.2 That the following exhibits, attached hereto, are made a part hereof by this reference: Exhibit E - proposed plat (P.C. Application No. 89015) Exhibit F - approved site plan (P.C. Application No. 88009) 5.3 That, in the event of presently unforeseen circumstances brought about by causes beyond the control of the Owner or the City, which makes the development of the Subdivision impractical or impossible this agreement may be voided. Majority vote of the City Council shall be required for recognition that such unforeseen circumstances in fact exist, such action to void this agreement shall not be taken if, in the judgement of the Council, irreparable damage to the City and the public interest would result from such action. IN WITNESS WHEREOF, the parties have hereunto set their hands this I v�- day of IN TESTIMONY WHEREOF, the Owner has caused these presents to be executed the day and year first above w ten. Owner S ( �} (l r � �� Owner S �1 r� STATE OF N,�(w SS. COUNTY OF bc`t-- � ) On this 0' day of �� E �-i (i' g before me personally < \1 appeared C t L)84c��o' -- � -D to me known to be the AS 'J I LE person(s) described in and who executed the foregoing -4- CoNSTJ , and acknowledged that he executed the same as h��S free act and deed. Notary Pub13c NE ANGOTTI NOTARY BLIC OF NEW JERSEY MY COMMission Expires Oct. 21, 1992 State Deed Tax Due Hereon $ Torrens /Abstract Property 4 GRANTEE: CITY OF OOKLYN CENTER BY z Its M yo BY is Cit anager WITNESSED: STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this i -� y � r, _ day of �_; �., , ►. ''� ,1,.� � _� 1 before me a V Notary Public within and for said County, personnaly appeared I and j 0 t� to me personally known who:, being by me duly sworn they did say that they are respectively the Mayor and City Manager of the City of Brooklyn Center, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed in behalf of the City of Brooklyn Center by the authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of the City f Brooklyn n y Center. (j / JILL NORLANDER Notary Public NOTARY PUBL1',,'- -*-"")_;i- WRIGhl M commission expires y p MyCommi ,�, —J ;v,NVW'JNlw v .. •v:v„ svvvu EXHIBIT A UNPAID CURRENT ASSESSMENTS Following is a summary of the unpaid portions of current assessments to the parcels included in this agreement. -------------------------------------------------------------------------- 1989 PAYMENTS: (principle and interest certified to Hennepin County for collection with 1989 taxes) Registered Land Survey No. 1209 Tract N — $467.56 Registered Land Survey No. 1209 Tract R — $1,433.36 ----- - - - - -- Total Toys R Us Addition Lot 1 Block 1 — $1,900.92 -------------------------------------------------------------------------- REMAINING PAYMENTS: After payment of 1989 principle and interest charges there will be no outstanding assessments to be apportioned. -------------------------------------------------------------------------- SUMMARY OF SPECIAL ASSESSMENTS: Unpaid Balance Property After 1989 Description S. A. # Assessment Descr Total Tax Payment --------------------- - - - - -- ------------- - - - - -- ----- - - - - -- -------- - - - - -- RLS #1209 Tract N 08496A Street (82 -02) 82B $3,159.23 $0.00 RLS #1209 Tract R 02977A P U Water Rev 64 $2,356.11 $0.00 08496A Street (82 -02) 82B $9,684.83 $0.00 $15,200.17 $0.00 --------------------- - - - - -- ------------- - - - - -- ----- - - - - -- -------- - - - - -- EXHIBIT B UTILITY CONNECTIONS AND HOOKUP CHARGES Responsibility for Utility Service Connections The Subdivider shall be responsible for installation of all water service connections, sanitary sewer service connections, and storm sewer connections to existing utility mains and service stubs as may be required to provide service to the lots in the Subdivision. Hookup Charges 1. The water hookup charge rate is $8.75 per 100 square feet. This is subject to an annual adjustment based on the change in the Consumer Price Index for Minneapolis /St. Paul. The hookup charge is estimated to be: Registered Land Survey Number 1209 Tract N: ------------------------------------------ Total area subject to assessment 46,100 s.f. Less credit for frontage area assessed in 1964 36,810 s.f. (272.67 ft. x 135 ft. — 36,810.45 s.f.) Total area subject to assessment 9,290 s.f. x $0.0875 per s.f. Total water hookup charge $ 812.88 Registered Land Survey Number 1209 Tract R: ------------------------------------------- Total area subject to assessment 170,140 s.f. Less credit for frontage area assessed in 1961/64 142,711 s.f. (592.10 ft. x 135 ft. — 79,933.50 s.f.) (465.02 ft. x 135 ft. — 62,777.70 s.f.) 142,711.20 s.f. Total area subject to assessment 27,429 s.f. x $0.0875 per s.f. Total water hookup charge $2,400.04 2. The hookup charges may be levied as a special assessment for a period of fifteen (15) years at an annual interest rate determined by the City Council when the levy is adopted. 3. The hookup charge is based on the rate for 1989. The hookup rate may be increased in future years. The final amount of the hookup charge will be established at the time the hookup agreement is executed by the owner. 4. The hookup charge for this Subdivision will be apportioned as below: Toys R Us Addition Lot 1 Block 1 $3,212.92 EXHIBIT C EASEMENT AND AGREEMENT FOR MAINTENANCE AND INSPECTION OF UTILITY AND STORM DRAINAGE SYSTEMS THIS EASEMENT /AGREEMENT is entered into this /a f day of 'J between the City of Brooklyn Center, a municipal corporation under the laws of Minnesota, hereinafter referred to as the CITY, and TOYS R US, INC., a corporation under the laws of the State of Delaware, hereinafter referred to as the OWNER. It is intended that the term OWNER shall apply to subsequent or part owners. WHEREAS, the OWNER holds title to certain property within the City of Brooklyn Center, County of Hennepin, State of Minnesota, described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the above described property is served by a water system which may include but not be limited to lateral mains, valves, fire hydrants and other appurtenant facilities; some or all of which system is constructed upon said property described above; and WHEREAS, the OWNER is responsible for the inspection, maintenance, repair and proper operation of said water system; and WHEREAS, failure to inspect, maintain, repair or properly operate said water system could result in loss of water, contamination or damage to this or other CITY systems or to other ivate properties; and P P P WHEREAS, the above described property is served by a sanitary sewer system which may include but not be limited to lateral mains, manholes, cleanouts and other appurtenant facilities; some or all of which system is constructed upon said private property described above; and 1 WHEREAS, the OWNER is responsible for the inspection, maintenance, repair and proper operation of said sanitary sewer system; and WHEREAS, failure to inspect, maintain, repair or properly operate said sanitary sewer system could result in infiltration, flooding, pollution or damage to this or other CITY systems, or to other private properties; and WHEREAS, the above described property is served by a storm drainage system which may include but not be limited to storm sewer mains, storm water retention ponds, and other appurtenant facilities; some or all of which system is constructed upon said private property; and WHEREAS, the OWNER is responsible for the inspection, maintenance, repair and proper operation of said storm drainage system in compliance with the standards established by the Shingle Creek Water Management Commission and with CITY standards; and WHEREAS, failure to inspect, maintain, repair or properly operate said storm drainage system in accordance with said standards could result in flooding, pollution or damage to this or other City systems, or to other private properties; and WHEREAS, it is necessary that the CITY have control over and access to any utility and storm drain system specified above for purposes of inspection, maintenance, repair and proper operation. THEREFORE, IT IS AGREED between the parties hereto: 1. The CITY shall have access to each of the above - described systems, shown in Exhibit B, for the purpose of inspection, maintenance, repair and proper operation whenever the Director of Public Works, in the exercise of reasonable discretion, shall determine that such access is necessary. 2 2. Whenever inspection, maintenance, repair or proper operation is necessary, the CITY may, upon request of the OWNER, or on its own volition after reasonable (under the circumstances) notice to the OWNER, perform such work as is necessary, and the OWNER shall reimburse the CITY for the cost of labor, materials and equipment used in the work, plus a fixed charge of forty percent (40 %) of said costs as reimbursement for the proportionate cost of insurance, PERA contributions, vacations, sick leave, clerical, and other miscellaneous costs. 3. The OWNER agrees to indemnify and hold the CITY harmless from any claim for damages or other relief arising out of or in connection with any work done by the CITY on any of the above - described systems, unless arising out of the negligence or wrongful act of the CITY or its agents. 4. Notwithstanding anything in this Easement /Agreement to the contrary, this Easement /Agreement shall only be applicable to those lines, pipes and other parts of the water system, sanitary sewer system and storm drainage system described in this Easement/ Agreement and shown on Exhibit B that are located solely on the property owned by the OWNER and legally described on the attached Exhibit A and that are used solely and exclusively by the OWNER. 3 IN TESTIMONY WHEREOF, the Owner has caused these presents to be executed the day and year first above written. r Owner V r E �� Owner STATE OF ►`i "W � ,) SS. COUNTY OF"� On this 1 G� day of T ,` (� �SS� , before me personally appeared to me known to be the As V ; C'�' T� S1J i person(s) described in and who executed the foregoing and acknowledged that he executed the same as h,� free act and deed. z W}u Notary P lic JUNE ANG0TT 1 NOTARY R E„ My Cc. tiiiiliiasiC -i E Xini S 0 L 2 1992 > State Deed Tax Due Hereon $ Torrens /Abstract Property 4 CITY OF BROOKLYN CENTER BY Ifs Ma r BY C t anger WITNESSED: l `��\ �, �+ • -E ��15. �C' / C. STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) j f On this 'day of before me a Notary Public within and for said County, personally appeared �(?CC� -�1 �� .. (��t r ;'� k�l,"fi and to me personally known who, being by me duly sworn they did say that they are respectively the Mayor and City Manager of the City of Brooklyn Center, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed in behalf of the City of Brooklyn Center by the authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of the City of Brooklyn Center. Notar� Public • • 1 JILL NORLANDER My commission expires NOTARY PUBLIC — MINNESOTA " WRIGHT COUNTY M Y Commission Expires May 1, 1993 x vVVVVVwWV x 5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Tracts N and R, Registered Land Survey Number 1209, Hennepin County, Minnesota • EXHIBIT B e.V[MENT SECTIONS f1.•rr ant ceMCFWT[ Mr.ON DE+.1 fr•..r I O U O O V CJ r � + V 2 /NUTIMN 1NIA► D[laR •� _ `� SITE & UTILITY PLAN '~• • . ,� Fi' �•� 51 ✓ _-"' �1 IN elf, . eM.'a Mtno ra umn ewuu Ma.lao w to Trow vE� -• . -_ -� tun. , DuTru ,;.� _ ii' • '--- - .. .� •u �yarr,a ar aM,rat rMa,r anrmer e1. rr „ � •. .. -:, J .. � ^'f' T 4011 nm. ru roa.e f.r. r �� ' �� - •.i�• - i� - r • r .J� O••~ I , \' - /IHI I.00e :.1. II IfnIM Y..M /// I,OeO I.I. 1. 11.000 I.I. 1 /Ir01 lit r•n 1 M Nu•f /_ ' � t • �; . i • � I • • f^N � � If.000 1.1. r0 b.000 f.I. 410001 r rrn1M /Mr•f . .. �[ G � - , rl a+' r ' �: A•�l - . �� +' I \\ b.00. Lr. ro a,m. Lr. IL4ror1 Ile 1 -1, u - .. -. i � /� • . 1• �l IMr1110 iM[ll nT1010 �., IlrrelW 1 MIM L•.rr ' .- •��' /� � '. f. -. y `• � '� �� 1 / 1 - • O .\ � .�O• Va[ 1• IMIM fl.cn All O .F. ;.rte .•r7 °%f. S ,y ✓! j :.• , `.�. J .. �s 1 f » . r 1.�wr wµ� n J. � w✓ I t r r • +• J . ' �♦ a.! . � ie . lY /ASS �'ay.+• s .a"` ,. 'f°r'+` •� f r+° +• •, - `' �� •�- r • r ,r.• 1 +; !„ ~• ... ` i „R•.a` `,ff.r" .•.•... .w..r li .ire. t n� ` � • � � 1' 1 � r•'�. w 4 � wr y ,r•} • (••' r r/ �•....... r. � r '�`�•. A /O. a ee .• ro ia•OO'� �,..� y / . entlrr•rroe ar r.le e[.nlwe mrc. �� ea.orrl I +ro. w.. Nr wrl: w :j ,;. �:� �.r ,•,,,,,. ., � :. Ir.w[y `SHE a TA7-E ( R p N0. l ET`NO. C1' ig L.M.�,a., a . ASSOCIATES, NERlLI ( INC. � .wo.eael. m ev.ronl . s ere nar «uf .. . r.]LO PID IRA r.M& `".1tL.L —••• 7/LtM- •. • wa iff•nn� ...... EXHIBIT D DEPARTMENT OF PLANNING AND INSPECTION CITY OF BROOKLYN PERFORMANCE AGREEMEN File No. 88009 This Agreement is entered into by Toys "R" Us kge-, 0 _ hereinafter .called the Developer and the City of Brooklyn Center, a municipal Corporation, udder the laws of the State of Minnesota, hereafter called the City. THE WORK The Developer has received approval of its Development Plans by the City Council of the City (pursuant Y (P to City Ordinances), subject to the execution of this Performance Agreement. pursuant to the laity Council approval of Aug ust 8 1988 and in accordance with said Development Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Development Plans, in the aforesaid Approval, and as hereinafter set forth, upon the real estate described as follows: 5425 Xerxes Avenue North The Work shall consist of the improvements described in the Development Plans, in the aforesaid Approval (to include any approved subsequent amendments) and shall be in compliance with all applicable Statutes, Codes and Ordinances of the City. COMPLETION DATE The undersigned Developer agrees that the said Work shall be completed in its entirety on or before the 1st day of August 19 , and no extension of time shall be valid un- less the same shall be approved in writing by the City Manager. Said extension of time shall be valid whether approved by the City Manager before or after the completion date and failure of the City to extend the time for completion or to exercise other remedies hereunder shall in no way work a forfeiture of the City's rights hereunder, nor shall any extension of time actually granted by the City Manager work any forfeiture of the City's rights hereunder. It shall be the duty of the Developer to notify the City of completion of the Work at least 10 days prior to the Completion Date and to call for final inspection by employees of the City. MAINTENANC The Performance Agreement, in its entirety, shall remain in full force and effect for a period of one year after actual completion of the Work to determine that the useful life of all Work performed hereunder meets the average standard for the particular industry, profession, or material used in the performance of the work. Any work not meeting such standard shall not be deemed complete hereunder. Notice of the date of Actual Completion shall be given to the Developer by the Director of Planning and Inspection of the City. FINANCIAL GUARANTEE The Developer agrees to furnish the City with a Financial Guarantee in the form of a cash escrow, a bond issued by an approved corporate surety licensed to do business in the State of Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved by the City Manager of the City, in the amount of $132,000 . Such Financial Guarantee shall continue in full force and effect until the City Council shall have by motion approved and accepted all of the Work undertaken to be done, and shall thereby have released the Surety and /or Developer from any further liability; provided however, that the City Council may by motion reduce the amount of the Financial Guarantee upon partial completion of the work, as certified by the City Manager. Such Financial nancial Gua ant and faithful performance of all elements of this Agreement h and upon o compliance u with t all full applicable Statutes, Codes, and Ordinances of the City, and shall further be subject to the following provisions which shall be deemed to be incorporated in such Financial Guarantee and made a part thereof. NOTICE The City shall be required to give prior notice to the corporate surety and the Developer of any default hereunder before proceeding to enforce such Financial Guarantee or before the City undertakes any work for which the City will be reimbursed through the Financial Y g i ncial Guarantee. Within 10 days after such notice to it, the surety shall notify the City in writing of its in- tention to enforce any rights it might have under this Performance Agreement or any Performance Bond by stating in writing the manner in which the default will be cured and the time within which such default will be cured, said time not to exceed 60 days unless approved by the City. (over please) REMEDIES FOR BREACH At any time after the Completion date and any extensions thereof, or during the Maintenanc( Period, if any of the work is deemed incomplete. the City Council may proceed in any one or morn of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City in connection therewith, including but not limited to engineering, legal, planning and litigation expenses, but the enumeration of the remedies here- under shall be in addition to any other remedies available to the City. 1) C ompletion by the City The City, after notice, may proceed to have the Work one either by contract, by day labor, or by regular City forces, and neither the Developer nor the Corporate Surety may question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such Work the Surety and /or the Developer shall promptly pay the City the full cost thereof as aforesaid. In the event that the Financial Guarantee is in the form of a Performance Bond, it shall be no defense by the Surety that the City has not first made demand upon the Developer, nor pursued its rights against the Developer. 2) SpecificPerformance The City may in writing direct the Surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Surety and /or the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed in an action for Specific Performance to require such work to be undertaken. 3) Deposit of Finacial Guarantee In the event that the Financial Guarantee has been submitted in the form of a Performance Bond, the City may demand that the Surety deposit with the City a sum equal to the estimated cost of completing the work, plus the City's estimated overhead expenses as defined herein, in- cluding any other costs and damages for which the Surety may be liable hereunder, but not exceeding the amount set forth on the face of the Performance Bond, which money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinbefore specified, and the balance shall be returned to the Surety. This money shall be deposited with the City within 10 days after written demand therefor, and if the Surety fails to make the required deposit within 10 days, the City shall have the right to proceed against the Surety with whatever legal action is required to obtain the deposit of such sum. d) Funds on De osit In the event e e t that the Financial Guarantee is in the form of cash, certified check, or other arrangement making the Financial Guarantee im- mediately accessible to the City, the City may, after notice to the Developer, deposit the Financial Guarantee in its General Account. The City may then pro- f teed to complete the Work, reimburse itself for r the cost of completion as de- fined hereunder, and return the balance to the Developer. PROCEDURES A copy of this Performance Agreement shall be attached to the Corporate Surety Bond, if any, and reference to this Performance Agreement shall be made in any such bond, but no corporate surety shall assert as a defense to performance hereunder, any lack of reference in the bond to this Performance Agreement. The original and two copies of this Agreement, properly executed, together with the appropriate Financial Guarantee shall be submitted to the City. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement this day of lg r • Witness Witness Subscribed and sworn to before me this O dam f 1 , t Zoning Official NEV JERSEY My COmm c' ;319 Expires Qlclt. 21,1992 P/I Form No. 23 Rev. 6 -77 - r EXHIBIT E TOYS R US ADDITION .T. DOC. NO / slv I ', r° <, �1r ; • = \ � \ � \ � I 4 � • �Q , ,; ,�'',• �r V STPTE ,.>,'• 1 �_/ u/"'•ct �,.a'a :Las < ��•' �• ' s•s , s .os� q . � ; \ ♦ c � -1 , -�� "�' q "r+ NQ. w •.r >sl' sla' � ;I �.\ 'q,. �, ` �'. •yea. � \s � /O c�ifa•ssrnoo-r i \ � � ( ( ,• � '��_ _ �� ill 1 1 I �ie \ \ ` � s Y ' � • ` • � . =11 20 ~ � \ \: \..L i:>t ) OO Opt M I •. =;Ot n' yi�,�. g vo °- �.lo�• s'`y COL' "YL ii_xla't a_L� . •,; -ma �..( si " ' 1 .1 � _____. N ^� - ILYt . 4tl 1 - 0f i1Y14.ff Y M{Y.LM l,lll. M .1f(rt0 �- �� •gWIL1 v. �[.MM.ui MO.IVI .f.VY(MT f{l L o M MAS E so R cl I fxf Ct 2 OF 2 5n 111s 4 EXHIBIT F PAVE MCMT SLCT19 ` � q pert r� COMLTtLTL NSM7M 101[tNL pmstwm rM DKVAL •' ti SITE & UTILITY PLAN -- \ �.� -- • ` Qlirla erlll)S 10GT10q I0W Ibl tl� Oarrlwcf h101IDQ * . �i I: ' 6Fr•Si"z ...�. v L i • /''.�'�' �'� - Q w.'" a rMmr■ CUM. cu A ou Y ,.. � _ «r• ? " �� 4rl0LI /IM Y 9MIMwr[ rwNIM aw0mr rls A 9urTt11 �� - Y C ., -� •' ,✓ aArff hln Mra a.sM,.r. - er /` �/ '.�';•�'" "'! �!' I i ] .J�� J ¢.i P•:v I Imp f. h M_$j UraMl ... ... ij"1sr•r•un ws w! �,r• S /.000 S.I. IO ]0.000 f.1. 1 UI,M1 M hi, " _ __ X � R /� - J.L •• /0• �.►' I • �\ Z M.OM f.r. a NAM f. /. {.Loral rM r,.,10 e0ar�. / ' .ice _ I •• .I er .• ' ` I r :.\ V_ )0u1 )re MlN , r•.w , ... �' ~ '( � .�,^� •• ^ A . I ^ v ` FM.IM VMS ON,IM0 1 t-'.. "• ,••e 1 • .Y . 1 hnlM fw.0 . ��"'' � . �. ' ♦,«., f� �. 1[4 \ r ter., ,•L ' rs � , .wn '� ss, �••,,,,r'^M py� r.. '4�•s' + •, �' +•r ± ,\ ' ," � � _ � � •�• ��.+�'''� a ..fit • � I ` I• �t� «J ,. ti �� tY r • � , 1 . . • ' e �. • r,µ • ' " � N ,,. i .r a•'. ,I �...w .v..r Jv , i �.r ' [� Z f s A � — ,rN•' � 'sn�. �� mod: � r� �' �j i:::: ".'' iii iiij r..... ,.v _) hy.. � • _ • Irrw` r• r ��.er^ • 1 � e „� �� Y LL n.I . N I..r„r/ . ^r .' �r1 v"' i. •�\`�• r,..x•• ..� �. _ i � „i.; I I A�O, a >e w w sa !a �' _ .�. .. � � , •. • � - N TAr �.. $HEET_NO. _C1 R p NO CO Mvr,u f,,,].. ■so • RV wrwew ra. rr _ �i '• ""'�'� mER /Ll & ASSOClATr -I C. . .. _ .. 1 \� � r .� � '__'��ff�''.:..: sec rut[r..� wv, .. .`� �- L��.•.�f.� ■w -rx.■ w R .: ,�• s. .. am ]rill ... vr.ue. •lull as.ra„� rAVO P.10 1� <t C /sn ' • ee -ree CITY OF BROOKLYN CENTER council Meeting Date 7 -24 -89 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN METROPOLITAN CLINIC OF COUNSELING, INC. AND THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM r-- ************************************************************************************************** DEPT. APPROVAL: Personnel Coordinator Signa re - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) • The contract for the City's employee assistance tY program is due for renewal for the July 1, 1989, to June 30, 1990, period. Attached is a memorandum and supplementary materials describing the program and its use by employees in the past year. The City's utilization of the program in the 1988 -1989 contract period again increased over recent years. The cost per employee for the 1989 -1990 period will increase by 6.250. However, this is the first increase in costs per employee since 1987. The total also increases slightly to account for the increase in number of full -time employees. RECOMMENDED CITY COUNCIL ACTION Pass a Resolution Authorizing Execution of an Agreement between Metropolitan Clinic of Counseling, Inc. and the City of Brooklyn Center for an Employee Assistance Program. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN METROPOLITAN CLINIC OF COUNSELING, INC. AND THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The Mayor and City Maftager are hereby authorized to execute an agreement with Metropolitan Clinic of Counseling, Inc. to provide an Employee Assistance Program for permanent full -time City employees and their dependents and household members. 2. The cost of the Employee Assistance Program shall not exceed $2,278 for the 1989 -1990 contract period. 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. MEMORANDUM TO: Gerald G. Splinter, City Manager P � Y g FROM: Geralyn R. Barone, Personnel Coordinator DATE: July 18, 1989 SUBJECT: Employee Assistance Program In 1977, the Brooklyn Center City Council adopted a "Statement of Policy for the Employee Assistance Program." The policy (attached) established a program in Brooklyn Center and defines the purpose of the program. The policy established a procedure whereby employees experiencing chemical, financial, marital, or other problems which may job "ob P erformance could voluntarily seek professional diagnostic and referral services. When possible, employee benefits, such as sick leave and hospitalization, can be used for treatment or counseling. All contact with the diagnostic and referral service is confidential. One other option available under the program is a supervisory referral, in contrast to the self referral, under which the employee voluntarily uses the service; under a supervisory referral, a supervisor may refer an employee to the diagnostic and referral service if job performance is affected. The City Council selected the Metropolitan Clinic of Counseling, Inc. to provide diagnostic and referral services under the City's program. The service is provided through an annual contract paid by the City and there is no direct charge to employees. If an employee is referred to some form of treatment and the employee chooses to participate in the recommended treatment, such cost is assumed by the employee or his or her medical insurance coverage. COST OF PROGRAM The Metropolitan Clinic of Counseling, Inc. offers a fee schedule to public sector employers which is based on a utilization rate of the program. Private sector employers are charged a flat rate. Essentially, the cost of a program with a utilization rate increases as usage increases. The past cost of the program and the utilization rates are shown in the following table: CONTRACT PERIOD COST TO CITY UTILIZATION RATE 1977 -1978 $119 (City information not received a available 909 reim- bursement from State of MN) 1978 -1979 $605 (509 information not reimburse- available ment from State) 1979 -1980 $1,020.00 4.39 -2- CONTRACT PERIOD COST TO CITY UTILIZATION RATE 1980 -1981 $1,476.00 7.3% 1981 -1982 $ 868.00 2.49 1982 -1983 $ 854.00 less than 19 1983 -1984 $1,457.50 4.89 1984 -1985 $1,166.25 3.2% 1985 -1986 $1,250.00 3.29 1986 -1987 $ 937.50 1.69 1987 -1988 $1,679.58 4.89 1988 -1989 $2,080.00 7.79 The fee schedule for the 1989 -1990 period will increase in two ways. The rate per employee is increasing by 6.259. Note that this is the first rate increase since 1987. In addition, overall calculations are based on the number of employees; this has increased by three percent since 1988. The fee schedule is as follows: Base retainer fee $8.50 x 134 = $1,139.00 (0 - 3% utilization) UTILIZATION FEE 3.01 - 4% usage $11.34 1employee = $1,519.56 4.01 - 59 usage $14.17 1employee = $1,898.78 5.01% or more = Maximum fee $17.00 1employee = $2,278.00 Maximum cost of the program will not exceed $2,278.00. HOW THE PROGRAM WORKS The services to employees provided by the Employee Assistance Program include an assessment of the problem and its severity, the development of an individualized treatment plan, assistance in obtaining appropriate and effective treatment, and follow up to review the treatment results. If the employee and the employee assistance counselor decide that further professional treatment is advisable, the cost of future treatment will be the responsibility of the employee or his or her insurance provider. A confidential summary report of the 1988 -1989 contract period is attached to this memorandum. Other services offered by this Employee Assistance Program are a series of seminars which can be offered to employees at no charge to the City. Current seminar topics include stress management, physical fitness, building healthy relationships, and nutrition basics. RECOMMENDATION Utilization of the program by employees continues to increase. Staff is recommending renewal of the Employee Assistance Program through Metropolitan Clinic of Counseling, Inc. Metropolitan Clinic 4 Counseling, Inc. Suite 325N Court International 2550 University Ave. W. St. Paul, MN 55114 (612) 641 -0578 Employee Assistance Program Report Employer City of Brooklyn Center For the period 7/1 /88 to 61'11 JR9 Contract expiration date 6/31/89 - - Utilization No Referrals Problems 1 '1n Total employees covered _2 Resolved by EAP counselor Alcohol/drug (dependency) 10 Number of EAP clients Refused referral Alcohol/drug (abuse, misuse) 7.7 % Annualized utilization 2 Client failed initial Family Chemical Abuse/ EAP appointment Dependency 1 Client started, but did not Sexuality complete EAP assessment 1 Relationship Client Classification 2 Divorce /separation _ I Management/Supervisor Incest Referrals Child abuse 5 _ Union/Non -union Employee 4 Spouse/Dependent/other Battered woman Inpatient Adolescent Outpatient Financial 6 Male — Family Therapy Legal 4 Female 1 Group Therapy Health _2 Individual Therapy I _ Career /occupation 1 Testing 4 Personal/emotional Referral Source CD Assessment 1 Job AA/Alanon 4 Parenting In Self —I Self -help Grief & loss Spouse /Dependent Legal Aging Co- worker Financial _2_ Stress Supervisor 2 Other Eating Nurse, medical department, Educational family physician 1 Marital School Management Consultation Other Other c STATEMENT OF AGREEMENT between METROPOLITAN CLINIC OF COUNSELING, INC. and CITY OF BROOKLYN CENTER This agreement is for the period July 1, 1989 to June 30, 1990. In this - agreement the term EMPLOYER refers to CITY OF BROOKLYN CENTER, and MCC refers to Metropolitan Clinic of Counseling, Inc. 1. SERVICES MCC has agreed to provide diagnostic (problem assessment and short -term counseling) and referral services - (motivational counseling, referral to competent care and follow -up) to all employees of the EMPLOYER, and to the employees' dependents and household members. 2. SERVICE AVAILABILITY Confidential assessment and referral services will be available from any of MCC's six office locations in the Minneapolis -St. Paul metropolitan area, and two days a week in Northfield. Professional staff at MCC will respond to emergency and after -hours calls on a 24 -hour daily basis. 3. ADDITIONAL SERVICES MCC agrees to periodically provide (at no cost) promotional brochures to maintain employee awareness. MCC agrees to provide to the EMPLOYER a monthly statistical report regarding utilization of the services, and a detailed report at year -end. 4. EMPLOYER RESPONSIBILITIES To assure adequate acceptability and utilization of this program, the EMPLOYER agrees to participate in recommended program exposure and employee education regarding available services. If the EMPLOYER chooses to conduct a mailing to employees, the mailing will be at the EMPLOYER's expense. The EMPLOYER agrees to provide MCC with: a) roster of names of employees covered under this program; and b) copy of current health plan coverages including hospitalization. 5. FEE. The base retainer fee for the agreement period is $1,139.00. (This fee is based upon the per employee rate of $8.50 for 134 employees.) The base retainer fee will cover all assessment and referral services up to a 3.08 annual utilization. The utilization fee will be billed for each one percent (18) or portion thereof increase in the utilization above 3.08, in accordance with the following schedule: Base retainer fee 8.50 /employee s $1,139.00 (3.08 usage) 3.01 - 4.008 11.34 /employee — $1,519.56 4.01 - 5.008 14.17 /employee — $1,898.78 5.01 or more + maximum fee 17.00 /employee — $2,278.00 As utilization increases, the above specified amounts will be added to the EMPLOYER's account, and will be integrated into subsequent billings. Pro -rata adjustments in the retainer fee will be computed quarterly when deviations occur which are greater than five percent (58) of the original number of employees as stated in this agreement. Invoices are due and payable within 30 days of invoice date. Past due accounts are subject to 1.58 per month service charge, which is 188 per annum. If the EMPLOYER chooses to pay for the entire year in advance, and if such payment is made within the first thirty (30) days of the contract period, a discount of 58 may be deducted. 1: � I t 9. " / /, � Z; 1 �; � � /) /S�� METROPO TAN CLIN C OF 0 ELI G, INC. DATE CITY OF BROOKLYN CENTER DATE s Statement of Policy - Employee Assistance Program City of Brooklyn Center The City of Brooklyn Center recognizes. that a wide range of problems, not directly associated with an employee's job responsibilities, can affect job performance. In most cases, the employee will overcome such personal problems independently and the employee's job performance will not be - affected. In other cases, usual supervisory assistance or discipline will serve to motivate or guide the employee to solve his or her problems and the employee's - job performance will return *to an acceptable level. In some instances, neither the efforts and resources of the employee nor the guidance by the supervisor has the desired effect of resolving the employee's problems. In such cases, unsatisfactory job performance may persist over a period of time, either on a constant or intermittent basis. - The City of Brooklyn Center believes it is in the best interest of the employee', the employee's family and the City to provide an employee service which deals with such persistent problems. Beginning Tune 15, 1977 it is the policy of the City of Brooklyn Center to handle such employee problems within the following framework: 1. The City f Brooklyn a a nd l,l n ente 's concerned with the health Y Y C r i once well -being of its employees but it has no desire to interfere with employees' private lives. The administration will be concerned with an employee's personal problems only when job performance is adversely affected or when problems reflect dis- credit on the City. 2. This policy applies to all regular full -time employees of the City of Brooklyn Center regardless of their job title or responsibilities. 3. The program is available to families and dependents of employees as well as the employees themselves since it Is recognized that problems at home can have an adverse effect on an employee's ability to function while at • 4. If. employees or their dependents. realize that they have personal problems that may benefit from the assistance provided by the Employee Assistance Program, they are encouraged to seek assistance on their own and will b_ e supported in efforts to do so. - S. Participation in the rogram will* not jeo� ardize an employee's P P ,fob security, promotional opportunities,.or reputation: ' Page 2 Statement of Policy Employee Assistance Program 6. All records and discussions of personal problems will be handled in a confidential manner as are other medical records. Records will be kept b the ' . P y diagnostic and referral agency and will not become part of the employee's personnel file. 7. Past experience shows that a significant portion of the problems encountered in such programs are related to problems involving • the use of alcohol and /or other drugs. Yt will be a policy of the City of Brooklyn Center that chemical dependency is generally recognized as a treatable illness and assuming the cooperation of the employee in treatment, will be dealt with as such. 8. When performance problems are not corrected with normal super- visory attention, employees may be referred to assistance to _.._ determine if personal problems are causing unsatisfactory per- formance. If performance problems are corrected, no further _ action will be taken_. If performance problems persist, the employee will be subject to normal corrective procedures. 9. In cases where it is necessary, employees may be granted sick leave, vacation or unpaid leave of absence for time for treatment or rehabilitation on the same basis as it is granted for health or disability problems. 10: Employee compliance with the program is voluntary. If an employee is referred to the Employee Assistance Program in lieu of other corrective or disciplinary measures and chooses not to participate in the Employee Assistance Program, then normal corrective measures will apply. Refusal to participate cannot be used as evidence to evaluate job performance. 11. There is no charge for the diagnostic and referral services, however, if costs are incurred for rehabilitation services that are not covered by insurance or other benefits, that cost will be the responsibility of the employee. 12. The program is not designed to provide ongoing treatment or counseling, but rather to provide early identification, motivation, and referral to appropriate care - giving resources in order to facilitate the resolution of any serious personal problems the employee might have. 13. This policy does not alter or replace a st P xi ing administrative Policy or contractual agreements but serves as an adjunct to assist in their utilization. CITY OF BROOKLYN CENTER Council Meeting Date 7/24/89 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR NORTH LILAC DRIVE TRAIL, IMPROVEMENT PROJECT NO. 1988 -19, CONTRACT 1989 -E *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: * * * * * * * * * * * **N * * * *R*** OR OF PUBLIC WORKS * * * * * * ** * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Explanation • Improvement Project 1988 -19 was established by Council Resolution 88 -194 on November 21, 1988. On May 8, 1989, the City Council gave approval pending the issuance by the Minnesota Department of Transportation of an amended Limited Use Permit for the construction of said trail based on the Council's selection of Alternate 1 construction. MNDOT has issued a construction permit and the Limited Use Permit. This project was advertised for bids on June 21 and June 28, 1989. Bids were received and opened on July 13, 1989. The following bids were received and tabulated. I Alber Construction, Inc. $119,853.40 Barber Construction Co. 124,386.84 Bury & Carlson, Inc. 125,750.00 Valle Paving nc. Valley g 139,092.30 Buck Blacktop, Inc. 168,709.25 The Engineer's estimate for construction was $124,000. Alber Construction, Inc. is the lowest responsible bidder in the amount of $119,853.40. That firm has successfully performed two previous contracts for the City of Brooklyn Center, namely, the Xerxes Avenue and Shingle Creek Parkway overlays in 1985 and 1986, respectively. I recommend award of the contract to Alber Construction, Inc. • Council Action Reguired A resolution is provided for consideration by the City Council. ICI Member V introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR NORTH LILAC DRIVE TRAIL, IMPROVEMENT PROJECT NO. 1988 -19, CONTRACT 1989 -E WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1988 -19, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 13th day of July, 1989. Said bids were as follows: Bidder Bi Amount Alber Construction, Inc. $1.19,853.40 Barber Construction Co. 1.24,386.84 Bury & Carlson, Inc. 1_25,750.00 Valley Paving Inc. 1.39,092.30 Buck Blacktop, Inc. 1.68,709.25 WHEREAS, it appears that Alber Construction, Inc. of Plymouth, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract in the amount of $119,853.40, with Alber Construction, Inc. of Plymouth, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1988 -19 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 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 Council Meeting Dat 7/24/89 Agenda Item Number — REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL; /l 24� * * * * * * * * * * * *KNAPj* DIRECTOR OF PUBLIC WORKS' * * * * * * ** * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached NO • The attached resolution represents the official council action required to expedite removal of the trees most recently marked by the city tree inspector in accordance with the procedures outlined therein. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. RECOMMENDATION It is recommended the council adopt the attached resolution. • 8� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 07/24/89) WHEREAS, a Notice to Abate Nuisance and Shade Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove shade trees on the owners' property; and WHEREAS, the City can expedite the remova-1 of these shade trees by declaring them a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER WM & PAT TALMADGE 5406 LOGAN AVE N 315 CITY OF BC KYLAWN PARK 316 CITY OF BC KYLAWN PARK 317 ORVILLE ROBOLD 3619 54TH AVE N 318 GARY MATTICE 2023 BROOKVIEW DR 319 RUTH BEGGS 6230 COLFAX AVE N 320 RUTH BEGGS 6230 COLFAX AVE N 321 MARIE MILES 6233 COLFAX AVE N 322 EARL GUETZLAFF 6215 COLFAX AVE N 323 STEPHEN PAVLAK 2800 63RD AVE N 324 BRYAN /RHONDA SAUE 5842 JUNE AVE N 325 GEORGE KETTER 5830 HALIFAX AVE N 326 MARJORIE NELSON 5931 ABBOTT AVE N 327 IRVING ROEBER 5937 ZENITH AVE N 328 DAVID HESS, JR 5700 NORTHPORT DR 329 EVA MCCABE 5706 NORTHPORT DR 330 ROBERT FERN 5727 BROOKLYN BLVD 331 FRED/VALERIE BAUER 5255 E TWIN LAKE BLV 332 FRED /VALERIE BAUER 5255 E TWIN LAKE BLV 333 FRED/VALERIE BAUER 5275 E TWIN LAKE BLV 334 EDWARD /RUTH NELSON 5236 GREAT VIEW AVE 335 LAVONNE PALM 5239 GREAT VIEW AVE 336 ELMER LINDBERG 6025 HALIFAX AVE N 337 JOSEPHINE CHAMBERLAI 6031 HALIFAX AVE N 338 MARJORIE BIES 6019 PEARSON DR 339 DONAVON CATTON 5930 PEARSON DR 340 TIMOTHY LOTH 6925 DREW AVE N 341 WILLIAM REED 4601 WOODBINE LA 342 ERVIN YELL 7224 MAJOR AVE N 343 KENNETH HAARSTAD 4513 71ST AVE N 344 MOUND CEM /R HOWE 3515 69TH AVE N 345 VERNON BALKEN 5953 CAMDEN AVE N 346 RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER EARL BACKER 7018 BROOKLYN BLVD 347 LAWRENCE MAROFSKY 7022 BROOKLYN BLVD 348 LAWRENCE MAROFSKY 7022 BROOKLYN BLVD 349 LAWRENCE MAROFSKY 7022 BROOKLYN BLVD 350 LAWRENCE MAROFSKY 7022 BROOKLYN BLVD 351 GREGORY LUTGEN 7216 BROOKLYN BLVD 352 MICHAEL KARPESH 7215 NOBLE AVE N 353 THEODORE WAITE 5900 YORK AVE N 354 2. After twenty (20) days from the date of the notice, the property owners will receive a second written notice that will give them (5) business days in which to contest the determination of City Council by requesting a hearing in writing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. 4. All removal costs, including legal, financing and administrative charges, shall be specially assessed against the property. 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 Council Meeting Date 7124189 Agenda Item Number gal REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR TREE REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, DELINQUENT PUBLIC UTILITY ACCOUNTS, AND DELINQUENT WEED REMOVAL ACCOUNTS DEPT. APPROVAL: MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation The purpose of this resolution is to order a public hearing on Tuesday September 11, 1989, at 8 P.M., local time, to hear and pass upon all objections, if any, to the proposed special assessments for tree removal costs, public utility hookup charges, delinquent public utility accounts, and delinquent weed removal accounts. All trees have been declared a public nuisance in past City Council resolutions and the trees have been removed by the City Tree Contractor in accordance with the established policy. Public utility hookup property owners have signed agreements requesting these charges be assessed. Delinquent public utilities account property owners have received notice of delinquent account in accordance with the established collection policy and have not made payment. Delinquent weed destruction account property owners have received notice of delinquent account in accordance with the established collection policy and have not made payment. Future council actions include the public hearing at the specified date and adoption of the resolutions to certify the special assessment levy role with the Hennepin County Auditor. Recommendation It is hereby recommended that the City Council adopt the attached resolution to hold public hearing on these special assessments. r CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 ROOKLYN TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: Jill Norlander, Public Works Administrative Aide DATE: Jul y 20 , 1989 RE: 1989 Special Assessment Levies This memo provides summary information regarding the assessment levies being recommended for adoption in 1989. The following information is submitted: A. Tree Removal Costs - Levies 11464 and 11465 Includes tree removal costs to property owners who, (1) have requested to have the costs assessed on the Notice to Abate Nuisance and Shade Tree Removal Agreement, (2) have failed to pay removal costs as agreed on the before mentioned agreement or, (3) have had trees removed in accordance with the procedure established when a property owner fails to respond to official notices, (i.e. the Public Nuisance Procedure). Charges for tree removal include: (1) contract cost for tree removal (half of contract cost for boulevard trees), (2) administrative fee ($40.00 per tree -1988, $42.00 per tree- 1989), (3). interest cost ($10.00 per tree), and (4) special assessment fee ($25.00 per parcel). The trees included in the 1989 levies are trees that were removed in 1987 after the deadline for special assessments in 1988 and those trees removed in 1989 prior to the deadline for 1989 special assessments. The deadline this year was August 1, 1989. Any trees removed after that date will be specially assessed in 1990. Levy 11464 is for special assessments amounting to $300.00 or less and is paid over a three year period and 11465 is for special assessments greater than $300.00 and is a five year special assessment. B. Public Utility Hookups - Levies 11466 and 11467 Includes water and sewer hookup charges to property owners who have signed a hookup agreement requesting these costs be assessed to their property. 1%6/LLIMERIGI QfT I V r Levy 11466 is for water hookup charges and Levy 11467 is for sewer hookup charges. Water hookup charges are collected as a ten year assessment. C. Delinquent Public Utilities - Levy 11468 Includes delinquent public utilities to properties where, as of July 1, 1989, public utility bills remain unpaid. Delinquent public utilities are collected as a one year assessment. D. Delinquent Weed Destruction Accounts - Levy 11469 Includes delinquent weed destruction charges to properties who have neglected to pay removal charges for weeds removed by order of the City Weed Inspector. Delinquent weed destruction charges are collected as a one year assessment. Respectfully submitted Approyed or submittal All C. Norlander 5 Z a PP Y Public Works Administrative Aide Director of Public Works i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR TREE REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, DELINQUENT PUBLIC UTILITY ACCOUNTS AND DELINQUENT WEED REMOVAL ACCOUNTS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. A hearing shall be held on the 11th day of September, 1989 the City Hall at 8 P.M. to pass upon the proposed assessments for the following charges: Tree Removal Costs Public Utility Hookups Delinquent Public Utility Account Delinquent Weed Destruction Account 2. The City Clerk, with the assistance of the City Engineer, shall forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. 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 SPECIAL ASSESSMENT ROLL Page 1 of 3 ----------------------------------------------- 1989 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1988 -11 & 1989 -03 Levy No.: 11464 Description: Cost of diseased shade tree removal to Fund /Code No.: 17/25 those tracts or parcels where trees were removed during 1988 or 1989, by written Levy Description: TREE REMOVAL 89-3 agreement with the property owner or by order of the City Tree Inspector at a cost of $300 or less. Location: Various City Locations Levy runs three (3) years with interest at the rate of ten percent (10 %). Improvement Hearing Date: N/A � First payment, with property taxes payable in Improvement Ordered on: N/A 1990 shall include fifteen (15) whole months interest. by Resolution No.: N/A Date of Assessment Hearing: September 11, 1990 Assessment District: N/A Adopted on: by Resolution No.: Method of Apportionment: Direct cost, interest and administrative Corrections, Deletions or Deferments: costs assessed Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $3,667.10 City Property: Other Public Property: Private Property: $3,667.10 CITY OF BROOKLYN CENTER DISEASED TREE REMOVALS PAGE OF 3 MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 3 YEAR LEVY PROPERTY ASSESSED I OWNER I Additional Notification LEVY IPROJECTI PROPERTY I ADDN. I TOTAL I Address I Name Name i I NO. I NO. 11DENTIFICATION NO.1 NO. I PRINCIPAL I Addition /Legal Description I Mailing Address I Mailing Address I I 11464 101 -118- 21 -32 -0105 89950 $125.00 11201 - 57TH AVENUE NORTH EDWARD L DOLL I I I I ILOT 1, BLOCK 2 16005 WYNNWOOD ROAD I II I I I IREIDHEAD'S ADDITION IGOLDEN VALLEY, MN 55422 I I 11464 1 89442 1 $284.00 15901 UPTON AVENUE NORTH IMAUDETTE CIHLAR I I 02-118-21-22 -0064 i I LOT 1, BLOCK 1 15901 UPTON AVENUE NORTH I II I 1HIPP'S 5TH ADDITION 1BROOKLYN CENTER, MN 55430 1 11464 I 102- 118 - 21-41 -0068 1 89580 1 $217.00 15659 KNOX AVENUE NORTH IDONNA M SCHANKE I I I I I I ILOT 1, BLOCK 3 15659 KNOX AVENUE NORTH I IMEADOWLARK GARDENS IBROOKLYN CENTER, MN 55430 I I 111464 I 103-118-21 -13 -0071 1 89666 1 $159.50 15737 DREW AVENUE NORTH iEUGENE & VELMA HAWKINS LOT 9, BLOCK 2 15737 DREW AVENUE NORTH II I I 1PEARSON'S NORTHPORT 2ND ADDITION IBROOKLYN CENTER, MN 55429 1 I 11464 103-118 -21 -31 -0032 1 89668 $153.00 13818 BURQUEST LANE ROGER & MARSHA DOKKEN I I I (LOT 15, BLOCK 1 13818 BURQUEST LANE 1 II 1 I I I PEARSON'S NORTHPORT 4TH ADDITION IBROOKLYN CENTER, MN 55429 I 1 I 11464 89667 1 $297.00 15809 PEARSON DRIVE ARLEN L STREHLO I I 03- 118 -21- 24-0077 I I ILOT 33, BLOCK 6 15809 PEARSON DRIVE 1 I II I I I 1PEARSON'S NORTHPORT 3RD ADDITION (BROOKLYN CENTER, MN 55429 I 1 111464 1 103- 118-21-43 -0091 1 89695 1 $225.00 IVACANT LAND - TAX FORFEIT (STATE LAND DEPARTMENT I PART OF TRACT G II I IREGISTERED LAND SURVEY NO 40 I 11464 127- 119-21-42 -0026 1 89662 $231.00 1 7124 FRANCE AVENUE NORTH BENJAMIN & VELMA SIGIMURA I I I I 1LOT 37, BLOCK 3 17124 FRANCE AVENUE NORTH I II I I I IPALMER LAKE TERRACE (BROOKLYN CENTER, MN 55429 ( 1 111464 1 127- 119-21- 42 -0100 1 89663 1 $256.00 13718 VIOLET AVENUE 13718 VIOLETMAVENUEFRANZEN I 1 LOT 26 BLOCK 3 I I I I I I LOT LAKE TERRACE 2ND ADDITION IBROOKLYN CENTER, MN 55429 I I 111464 1 127 - 119 -21- 43-0005 1 89662 1 $159.50 17018 DREW AVENUE NORTH (GARY A JOHNSON I I I (LOT 13, BLOCK 1 17018 DREW AVENUE NORTH IPALMER LAKE TERRACE BROOKLYN CENTER, MN 55429 1 11464 1 1 1 89570 I $297.00 16730 PERRY AVENUE NORTH I MARY F LEE 1 1 I I 33- 119-21-11 -0047 I I ILOT 3, BLOCK 3 16730 PERRY AVENUE NORTH I II I I I IMARSTAN PLACE 1BROOKLYN CENTER, MN 55429 111464 1 133- 119 -21 44-0073 1 03091 1 $284.00 16225 NOBLE AVENUE NORTH (DAN E & MARCIA J BAKER I I I I ILOT 2, BLOCK 1 16225 NOBLE AVENUE NORTH I I I I I IPANAYOTOFF ADDITION 1BROOKLYN CENTER, MN 55429 I I CITY OF BROOKLYN CENTER DISEASED TREE REMOVALS PAGE 3 OF 3 MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 3 YEAR LEVY PROPERTY ASSESSED OWNER Additional Notification LEVY 1PROJECTI PROPERTY I ADDN. ( TOTAL I Address ' Name 1 Name 1 1 NO. I NO. -1 1-1- NO.1 NO. 1 P I Addition /Legal Description I Mailing Address 1 Mailing Address 1 111464 1 134- 119 -21- 13-0009 1 89100 I $267.00 I 6520 BROOKLYN BOULEVARD IPHYLLIS ANN PLUMMER I 1 PART OF LOT 8 X6520 BROOKLYN BOULEVARD 1 1 1 1 1 (AUDITOR'S SUBDIVISION NO 25 1BROOKLYN CENTER, MN 55429 I 1 1 11464 1 134 - 119-21-13 -0019 1 89265 1 $209.60 1660071DREW BLOCK NORTH 16607 " DREW AVENUOEONORTHN REKKEDAHL 1 1 1 1 1 1 1BROOKLANE 1BROOKLYN CENTER, MN 55429 1 1 11464 1 134- 119-21 -31 -0024 1 89370 1 $190.00 16312 GRIMES AVENUE NORTH 16312 RUTH KO AVENUE K NORTH 1 1 PART OF LOT 8 1 1 1 1 1 1FAIR MEADOWS 1BROOKLYN CENTER, MN 55429 1 1 1 11464 34- 119-21 -31 -0076 89635 $159.50 16418 INDIANA AVENUE NORTH 1ROY PETERSON i 1 1 1 1 LOT 13, BLOCK 9 6418 INDIANA AVENUE NORTH 1 1 1 1 1 1 NORTHGATE IBROOKLYN CENTER, MN 55429 1 1 111464 1 134-119 -21- 31-0101 1 89737 1 $153.00 16451 BROOKLYN BOULEVARD 16 COUNTY COMM H 1 1 TRACT A 1 1 1 1 1 1REGISTERED LAND SURVEY 970 1PLYMOUTH, MN 55441 1 1 $3,667.10 ! i ! CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL Page 1 of 3 ----------------------------------------------- 1989 PROJECT INFORMATION LEVY INFORMATION ------------------- ---------------- Improvement Project No.: 1988 -11 & 1989 -03 Levy No.: 11465 Description: Cost of diseased shade tree removal to Fund /Code No.: 17/26 those tracts or parcels where trees were removed during 1988 or 1989, by written Levy Description: TREE REMOVAL 89 -5 agreement with the property owner or by order of the City Tree Inspector at a cost of more than $300. Location: Various City Locations Levy runs five (5) years with interest at the Improvement Hearing Date: N/A rate of ten percent (10 %). First payment, with property taxes payable in Improvement Ordered on: N/A 1990 shall include fifteen (15) whole months interest. by Resolution No.: N/A Date of Assessment Hearing: September 11, 1989 Assessment District: N/A Adopted on: by Resolution No.: Method of Apportionment: Direct cost, interest and administrative Corrections, Deletions or Deferments: costs assessed Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $7,338.50 City Property: Other Public Property: Private Property: $7,338.50 CITY OF BROOKLYN CENTER DISEASED TREE REMOVALS PAGE 2 OF 3 MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 5 YEAR LEVY PROPERTY ASSESSED OWNER Additional Notification LEVY IPROJECTI PROPERTY I ADDN. I TOTAL I Address Name ' Name I 1 NO. I NO. (IDENTIFICATION NO.I NO. I PRINCIPAL I Addition /Legal Description I Mailing Address I Mailing Address 1 11465 1 101-118 -21 -23 -0009 1 89255 1 $340.50 1 5700 HUM AVENUE NORTH 15700 HUMBOLDT 1 I 1 1 I I 1BOBENDRIER'S ADDITION 1BROOKLYN CENTER, MN 55430 I 11465 101- 118 -21- 31-0028 1 89385 $365.00 15607 COLFAX AVENUE NORTH (ALAN R JOHNSON I 1 IPART OF LOT 33 15607 COLFAX AVENUE NORTH I I 1 i 1 I I GARCELON'S ADDITION TO MINNEAPOLIS (BROOKLYN CENTER, MN 55430 1 1 1 11465 1 101-118-21- 33-0096 1 89675 1 $575.00 (LOTS 9 & RSON , AVENUE 15427 EM ER AVENUE RECK 1 1 I I IN &E PERKINS ADDITION TO MINNEPOLIS 1BROOKLYN CENTER, MN 55430 1 1 111465 I 101-118-21-34 -0051 1 89225 1 $522.00 15454 COLFAX AVENUE NORTH I5454ECOLFAXGLORIA FINLEY NORTH 1 1 1 I 1 1 1 PART OF LOT 1, BLOCK 4 IBELLVUE ACRES IBROOKLYN CENTER, MN 55430 1 1 111465 1 101-118 -21 -34 -0062 1 89225 1 $412.00 15400 OF AVENUE NOR 4 I5400 AVENUE PART ED NORTH I1 1 I I IBELLVUE ACRES (BROOKLYN CENTER, MN 55430 1 1 1 11465 02-118 -21 -41 -0004 89103 $367.60 15639 HUMBOLDT AVENUE NORTH ITERRY EARL CASE TERRY EARL CASE 1 1 1 IPART OF LOT 54 15639 HUMBOLDT AVENUE NORTH 15300 EAST TWIN LAKE BOULEVARD 1 1 1 1 1 (AUDITOR'S SUBDIVISION NO. 218 (BROOKLYN CENTER, MN 55430 1BROOKLYN CENTER, MN 55429 1 1 11465 1 103-118 -21- 21-0085 1 89667 1 $324.50 I60316HALIFAX AVENUE BNORTH9 IJOSEPHINE B CHAMBERLAIN NORTH 1 1 1 1 1 I 1 IPEARSON'S NORTHPORT 3RD ADDITION (BROOKLYN CENTER, MN 55429 1 1 111465 1 103-118-21- 34-0003 1 89102 1 $725.00 1 5 PART EAST TWIN LAKE BOULEVARD I JAMES EAS& LORRAINE E BOULEVARD 1 1 1 ( 1 1 1AUDITOR'S SUBDIVISION NO. 216 1BROOKLYN CENTER, MN 55430 I 1 11465 03-118- 21 -44 -0017 1 89102 $365.00 15301 BROOKLYN BOULEVARD IPHILLIP & MICHELLE ROCHE /R VETTER I 1 IPART OF LOT 35 15301 BROOKLYN BOULEVARD I 1 1 I 1 1 1 1AUDITOR'S SUBDIVISION NO. 216 1BROOKLYN CENTER, MN 55429 1 1 1 11465 125- 119 - 21-33-0083 1 01416 $497.60 11120 - 69TH AVENUE NORTH BRIAN D & MARTA J HUNT I I 1 ILOT 2, BLOCK 1 11120 - 69TH AVENUE NORTH 1 1 1 1 1 1 I 1EVANGELICAL LUTH CH OF THE MASTER (BROOKLYN CENTER, MN 55430 1 1 1 11465 1 128-119- 21-41 -0005 1 89101 1 $442.00 1 72 35 NOBLE AVENUE NORTH 1 EUGEN NOBLE AVENUE NORTHPA 1 1 1 1 1 1 1 1AUDITOR'S SUBDIVISION NO 57 1BROOKLYN CENTER, MN 55429 1 1 111465 I 133- 119 -21 -43 -0064 1 89247 1 $367.00 153136BOULDER 2 LANE IDONALD BOULDERARCIA C ELIASON 1 1 LANE LOT I I ( I IBERGSTROM'S LYNSIDE MANOR 3RD ADDN IBROOKLYN CENTER, MN 55429 I I 0 CITY OF BROOKLYN CENTER DISEASED TREE REMOVALS PAGE 3 OF 3 MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 5 YEAR LEVY LEVY �PROJECT� PROPERTY 1 ADDN. 1 TOTAL I PROPER ddressESSED 1 OWNER i AdditionaNa�N�otification i 1 NO. I NO. 11DENTIFICATION NO.1 NO. 1 PRINCIPAL 1 Addition /Legal Description 1 Mailing Address 1 Mailing Address 1 111465 1 134-119- 21-21 -0014 1 90035 1 $583.00 16701 FRANCE AVENUE NORTH SUSA R BORN NORTH 1 1 LOT 5, BLOCK 1 1 1SUNRISE MANOR 1BROOKLYN CENTER, MN 55429 I 1 1 11465 134- 119 -21 -32 -0052 1 89371 $345.00 14501 KATHRENE DRIVE RONALD D SPAH 1 1 1 1 1LOT 1, BLOCK 4 14501 KATHRENE DRIVE 1 1 1 1 I I (FAIR MEADOW 2ND ADDITION (BROOKLYN CENTER, MN 55429 ( 1 11465 1 34- 119 -21 -33 -0001 89240 $345.00 14301 - 63RD AVENUE NORTH DAVINA E LEMBCKE 1 LOT 1, BLOCK 1 14301 - 63RD AVENUE NORTH 1 1 1 1 I 1 1 IBERGSTROM'S DELPHIAN GARDENS 1BROOKLYN CENTER, MN 55429 1 1 11465 1 136- 119 -21 -21 -0002 1 89105 1 $312.30 17077 O69TH AV NORTH 1 BOX AN 1 1 1 1 1 1 AUDITOR'S SUBIDIVISION NO 310 1MINNEAPOLIS, MN 55407 1 1 111465 1 136-119- 21-43 -0025 1 90025 1 $450.00 150 - 61ST AVENUE NORTH 1 MARK - & 6 AVENUE DEBORAH 1 1 1 1 1 1 1 1SONNENBERG'S ADDITION 1BROOKLYN CENTER, MN 55430 1 1 $7,338.50 I CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL Page 1 of 2 ----------------------------------------------- 1989 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: 11466 Description: Charges established for hookup to City Fund /Code No.: 72/110 water system Levy Description: WATER HOOKUP 89-10 Levy runs ten (10) years with interest at the Location: Various City locations rate of ten percent (10 %). Improvement Hearing Date: N/A First payment, with property taxes payable in 1990 shall include fifteen (15) whole months interest. Improvement Ordered on: N/A Date of Assessment Hearing: September 11, 1989 by Resolution No.: N/A Adopted on: Assessment District: N/A by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Charges as agreed upon in Utility Hookup Agreements Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $10,590.00 City Property: Other Public Property: Private Property: $10,590.00 CITY OF BROOKLYN CENTER WATER HOOKUP FEES MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 10 YEAR LEVY PAGE 2 OF 2 PROPERTY ASSESSED OWNER Additional Notification LEVY 1PROJECTI PROPERTY ADDN. TOTAL ' Address 1 Name ' Name 1 I NO. i I NO. 1 (IDENTIFICATION NO.1 NO. 1 PRINCIPAL Addition /Legal Description 1 Mailing Address I Mailing Address I I 11466 I 101-118 -21- 34-0063 1 89225 $590.00 BRYANT ( AVENUE NORTH RICHARD J & AVENUEKNWHITLEY fI LOT 1BELLVUE ACRES 1BROOKLYN CENTER, MN 55430 1 1 1 11466 02- 118-21-13 -0024 00203 $2,886.94 1910 - 57TH AVENUE NORTH NORTHBROOK PARTNERS 1 1 ( 1 1LOT 1, BLOCK 2 14301 HIGHWAY 7 1 1 1 1 1 1 I 1NORTHBROOK CENTER ADDITION 1ST LOUIS PARK, MN 55416 1 1 1 11466 02-118-21-13 -0025 00203 $1,478.92 1 1 1 1 NO ADDRESS NORTHBROOK PARTNERS 1LIT 2, BLOCK 2 14301 HIGHWAY 7 1 1 1 1 1 1 1 1NORTHBROOK CENTER ADDITION ST LOUIS PARK, MN 55416 1 1 1 11466 1 102- 118-21 -0026 1 00203 1 $5,634.14 1105 57TH A NORTH 14301HHIGHWAYARTNERS 1 1 1 1 1 I 1 1NORTHBROOK CENTER ADDITION ST LOUIS PARK, MN 55416 1 1 I I I I I I I I I I I I I I I I I i $10,590.00 I CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL Page 1 of 2 ----------------------------------------------- 1989 PROJECT INFORMATION LEVY INFORMATION --- ---- --- --- ------ --------------- - Improvement Project No.: N/A Levy No.: 11467 Description: Charges established for hookup to City Fund /Code No.: 72/111 sewer system Levy Description: SEWER HOOKUP 89 -10 Levy runs ten (10) years with interest at the Location: Various City locations rate of ten percent (10 %). Improvement Hearing Date: N/A First payment, with property taxes payable in 1990 shall include fifteen (15) whole months interest. Improvement Ordered on: N/A Date of Assessment Hearing: September 11, 1989 by Resolution No.: N/A Adopted on: Assessment District: N/A by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Charges as agreed upon in Utility Hookup Agreements Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $1,654.16 City Property: Other Public Property: Private Property: $1,654.16 ! 0 ! CITY OF BROOKLYN CENTER SEWER HOOKUP FEES MUN1C CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 10 YEAR LEVY PAGE 2 OF 2 PROPERTY ASSESSED OWNER Additional Notification LEVY IPROJECTI PROPERTY I ADDN. I TOTAL I Address 1 Name 1 Name 1 I NO. I NO. (IDENTIFICATION NO.1 NO. i PRINCIPAL I Addition /Legal Description I Mailing Address I Mailing Address I 11467 1 136-119-21-13-0021 89658 1 $1,654.16 16220 WILLOW LANE RICHARD CAMERON ILOT 1, BLOCK 2 16620 WILLOW LANE 1 1 II I I I IOLSONS ISLAND VIEW TERRACE ADDITIONIBROOKLYN CENTER, MN 55430 i I I I I I I i I I I I i I I I I i I I I I I l i i i i 1 I I I I I I I i I I I i I I I I i I I I I i I I I I I I I I I i I I l i I i I I I l i I i I i I I i I I I i II I I $1,654.16 I CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL PAGE 1 OF 2 ----------------------------------------------- 1989 PROJECT INFORMATION LEVY INFORMATION ----- ---- ---- --- - -- --------------- - Improvement Project No.: N/A Levy No.: 11468 Description: Delinquent Public Utility Charges Fund /Code No.: 72/112 Levy Description: DELINQUENT PUB UTIL 89 Levy runs one (1) year with interest at the rate Location: Various City Locations of ten percent (10 %). Improvement Hearing Date: N/A First payment, with property taxes payable in 1990 shalt include fifteen (15) whole months interest. Improvement Ordered on: N/A Date of Assessment Hearing: September 11, 1989 by Resolution No.: N/A Adopted on: Assessment District: N/A by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Direct Costs Assessed Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: City Property: Other Public Property: Private Property: CITY OF BROOKLYN CENTER DELINQUENT PUBLIC UTILITY ACCOUNTS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR LEVY PAGE 2 OF 2 PROPERTY ASSESSED 1 OWNER I Additional Notification 1 LEVY PROJECT PROPERTY ADDN. TOTAL Address I NO. I NO. (IDENTIFICATION NO. NO. I PRINCIPAL I Addition /Legal Description 1 Mailing Address ! Mailing Address 1 {11468 1 102-118- 21-44-0133 1 89961 1 $164.75 15419 HUMBOLDT AVENUE NORTH MICKELSON LOT 2, BLOCK 1 AVENUE NORTH 1 I II IROCKWELL'S 2ND ADDITION (BROOKLYN CENTER, MN 55430 I ! I I I I I I I { I I I f I I I I I I I ! I I I I I ! ! I ! I $164.75 1 I I CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL PAGE 1 OF 3 ----------------------------------------------- 1989 PROJECT INFORMATION LEVY INFORMATION ------------------- ---------------- Improvement Project No.: N/A Levy No.: 11469 Description: Weed Removal Costs Fund /Code No.: 01/25 Levy Description: WEED DESTRUCTION 89 Levy runs one (1) year With interest at the rate Location: Various City Locations of ten percent (10 %). Improvement Hearing Date: N/A First payment, with property taxes payable in 1990 shall include fifteen (15) whole months interest. Improvement Ordered on: N/A Date of Assessment Hearing: September 11, 1989 by Resolution No.: N/A Adopted on: Assessment District: N/A by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Direct Costs Assessed Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: City Property: Other Public Property: Private Property: CITY OF BROOKLYN CENTER MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL PAGE 2 OF 3 PROPERTY ASSESSED OWNER Additional Notification LEVY 1PROJECTI PROPERTY I ADDN. I TOTAL 1 Address Name 1 Name 1 1 NO. NO. 1 1DENTIFICATION NO. I NO. PRINCIPAL i Addition /Legal Description I Mailing Address I Mailing Address 111469 101-118-21-31 -0061 1 89385 I $102.50 15500 BRYANT AVENUE NORTH (HERBERT A ZWIRN HERBERT A ZWIRN PART OF LOT 6 RR1, BOX 766 3084 MILDRED DRIVE I GARCELONS ADDITION TO MINNEAPOLIS I NORTH BRANCH, MN 55056 IROSEVILLE, MN 55113 I 111469 11 I 01-118-21-33-0147 I 89675 1 $50.00 15302 5072 EMERSON 1 AVENUE NORTH I ROGER EMERSON L KLI GENSMITH 1 I I I I N &E PERKINS ADDITION TO MINNEAPOLISIBROOKLYN CENTER, MN 55430 1 1 11469 I 1 101-118- 21-34-0025 1 89225 I $62.50 1702 - 53RD AVENUE NORTH (RONALD J & BETH R SANDBERG IPART OF LOT 10, BLOCK 3 702 - 53RD AVENUE NORTH 1 1 1 1 1 1BELLVUE ACRES 1BROOKLYN CENTER, MN 55430 1 1 1 11469 1 101-118-21-34-0081 1 89225 1 $140.00 1 512 6 OR OAVENUEBNORTH4 EQUIVEST INC 1 1 1 1 i 1 1 1BELLVUE ACRES 1WAYZATA, MN 55391 1 1 111469 1 102-118-21 -13 -0028 i 00203 1 $55.00 171095 WILLOW LANE NORT 1 H 14301 HIGHWAY PARTNERS GHWAYR 1 1 1 1 1 1 1 1NORTHBROOK CENTER ADDITION ST LOUIS PARK, MN 55416 1 1 111469 1 102- 118 -21 -41 -0004 i 89103 i $102.50 1 563 9 HUMBOLDT AVENUE NORTH 1TERRYHEARL CASE AVENUE NORTH 1 1 1 1 1 1AUDITOR'S SUBDIVISION NO 218 1BROOKLYN CENTER, MN 55430 1 1 111469 1 102- 118-21-41 -0082 1 89580 1 $102.50 15650 LOGAN AVENUE NORTH 1DALE W HOUGH & KRISTA J WILLIAMS 1 1 LOT 15, BLOCK 3 5650 LOGAN AVENUE NORTH 1 1 1 1 1 1MEADOWLARK GARDENS IBROOKLYN CENTER, MN 55430 1 1 111469 1 110-118-21- 12-0051 1 89540 1 $85.00 15126 DREW AVENUE NORTH 1MARK A SJOBERG 1 1 LOT 7, BLOCK 4 5126 DREW AVENUE NORTH 1 1 1 1 1 1LINDEN SHORES ON TWIN LAKE 1BROOKLYN CENTER, MN 55429 1 1 1 11469 3305 - 53RD AVENUE NORTH BENNIE ROZMAN 1 1 1 10-118 -21- 12-0056 90061 1 $85.00 1PART OF LOT 1, BLOCK 1 13305 - 53RD AVENUE NORTH 1 1 1 1 1 1 1 1TERRACE APARTMENT ADDITION 1BROOKLYN CENTER, MN 55429 1 1 111469 1 110- 118 -21- 12-0057 1 90061 1 $85.00 1 3413 - 53RD AVENUE NORTH AVR 1 I A 3305E 53RD AVENUE NORTH I 1 1 1 1 i 1TERRACE APARTMENT ADDITION 1BROOKLYN CENTER, MN 55429 1 1 111469 1 125-119 - 21-41-0020 1 89639 1 $85.00 17109 WILLOW LANE NORTH IMARION E CARLSON 1 1 LOT 4, BLOCK 3 17109 WILLOW LANE NORTH 1 1 1 1 1 1NORTH RIVER ESTATES 1BROOKLYN CENTER, MN 55430 1 1 111469 1 126 - 119-21-41 -0101 1 89784 1 $120.00 17243 KNOX AVENUE NORTH 1KENNETH E & CAROLYN WHITE 1 1 ITRACT D 310 - 44TH STREET EAST I I ( I IREGISTERED LAND SURVEY NO 1409 IMINNEAPOLIS, MN 55409 i I CITY OF BROOKLYN CENTER MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL PAGE 3 OF 3 PROPERTY ASSESSED OWNER Additional Notification i LEVY 1PROJECTI PROPERTY 1 ADDN. 1 TOTAL I Address I Name Name NO. I NO. 11DENTIFICATION NO.1 NO. I PRINCIPAL Addition /Legal Description 1 Mailing Address I Mailing Address 1 90062 1 $147.50 26- 119 - 21-44-0079 11708 - 69TH AVENUE NORTH DAVID R & WENDY J LONGEN 11469 1 I I 1LOT 2, BLOCK 2 11708 - 69TH AVENUE NORTH 1 1 1 1 1 1 ITISCH'S ADDITION (BROOKLYN CENTER, MN 55429 1 1 128- 119 -21- 41-0128 1 89505 1 $85.00 I 111469 I L0T BLOCKAIENUE NORTH 1 GREGORY KAPI DAVIDSON NORTH 1 II i 1 I (LANG ADDITION (BROOKLYN CENTER, MN 55429 (MAPLE GROVE, MN 55369 1 1 28 - 119 -21- 41-0210 1 01534 1 $980.93 IL07 BLOCK 1 1 ROBER T 3 NE I I JOHNSON 111469 1 i II I (RED LOBSTER ADDITION 1MINNEAPOLIS, MN 55421 33- 119-21-11-0048 89570 $55.00 6724 PERRY AVENUE NORTH KRISTIN K CASELIUS 111469 I I (LOT 4, BLOCK 3 16724 PERRY AVENUE NORTH 1 1 I i I 1MARSTAN PLACE ( 11469 BROOKLYN CENTER, MN 55429 1 1 16637 HUMBOLDT AVENUE NORTH ZAPPA DEVELOPMENT, INC I I I 35- 119-21-11-0015 I 00257 1 $100.00 1TRACT A 111420 - 53RD AVENUE NORTH II I I 1 (REGISTERED LAND SURVEY NO 1486 1PLYMOUTH, MN 55442 1 1 1 11469 I 136-119-21-13 -0031 1 89720 I $107.50 I V ART N OF L TRACT D 1MARVDORADOECOURNELSON I 1 II 1 I REGISTERED LAND SURVEY NO 678 1PLANT CITY, FL 33566 I 1 111469 1 136-119-21 -13 - 0032 1 89720 $107.50 (VACANT LAND 1MARVIN & BETTY NELSON 1 1 TRACT E 104 DORADO COURT II I I 1 I REGISTERED LAND SURVEY NO 678 1PLANT CITY, FL 33566 I i 111469 1 136-119 -21- 13-0033 1 89720 1 $107.50 I VACANT F 0 LAND BETTY 1 TRACT I I I I IREGISTERED LAND SURVEY NO 678 IPLANT CITY, FL 33566 I i 111469 1 136- 119- 21 -13-0108 1 89374 1 $137.50 16525 WILLOW LANE NORTH 11RWIN KETROSER I 1 1 ILOT 1, BLOCK 2 5353 GAMBLE DRIVE #110 I I I I I IFARRIS 1ST ADDITION 1MINNEAPOLIS, MN 55416 I 1 111469 I 136 -119- 21-42-0017 1 01417 1 $237.50 (VACANT LAND IMARVIN & BETTY NELSON I 1 1 1 LOT 3, BLOCK 1 1104 DORADO COURT 1 1 1 1 ILYNBROOK BOWL ADDITION (PLANT CITY, FL 33566 I I I I I $3,140.93 • CITY OF BROOKLYN CENTER Council Meeting Date 7/24/89 Agenda Item Number 9 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PRELIMINARY 1990 LEVY CERTIFICATION DEPT. APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached _� Under the existing state statutes commonly known as 'Truth in Taxation," there exists requirements for preliminary certification of 1990 property tax levies. These sections of the state statutes were to be amended by laws passed by the last legislative session. However, because of the governor's veto of the tax bill, these sections of the laws were not modified. It has been the clear understanding of most legislatures and municipal officials that the current truth in taxation regulations were not as effective as they could be and, indeed, they were to be modified in the tax bill. Because the tax bill was vetoed, we are still faced with the situation of complying with existing regulations. The attached resolution certifies a preliminary 1990 levy to Hennepin County as per the existing law. We are recommending certifying the maximum that we could levy because if we do not, we will not have the flexibility to go up to that amount at a later date should the Council wish. The Council should understand this preliminary certification of the 1990 levy will possibly have little or no meaning upon the completion of the special session of the Minnesota Legislature in August or September of this year. The League of Cities and the Association of Metropolitan Municipalities are recommending communities certify this preliminary levy in this fashion so as to make sure the cities are in compliance with the letter etter of the law, although its virtually certain that that law will change within the next two to three months. �f r; (ITTR88) '"TRUTH IN TAXATION" REQUIREMENTS (IN ACCORDANCE WITH 1988 TAX LAW) 1. AUGUST 1: COUNCIL MUST ADOPT AND CERTIFY A PROPOSED LEVY TO THE COUNTY BY THIS DATE 2. AUGUST 8: COUNTY MUST NOTIFY EACH LOCAL UNIT OF ITS NO- INCREASE AND -� PROPOSED TAX RATES AND THE PERCENT INCREASE THE PROPOSED RATE REPRESENTS RELATIVE TO THE NO- INCREASE RATE BY THIS DATE 3. AUGUST 15: THE CITY HAS UNTIL THIS DATE TO AMEND ITS PROPOSED BUDGET -� IF IT WISHES 4. SEPTEMBER 15: IF THERE IS A PERCENT INCREASE IN PROPERTY TAX PROPOSED BY THE CITY, THE COUNTY MUST COMPUTE, FOR EACH PARCEL OF PROPERTY, THE PROPOSE PROPERTY TAX AND MAIL A NOTICE OF THIS INCREASE TO EACH TAXPAYER BY THIS DATE. THE CITY MUST ADVERTISE A "NOTICE OF TAX INCREASE" IN THE LOCAL NEWSPAPER BY THIS DATE. THE NOTICE MUST INDICATE THE TAX INCREASE PROPOSED AND THE DATE AND TIME OF A PUBLIC HEARING 5. OCTOBER 25: LEVY MUST BE CERTIFIED TO THE COUNTY BY THIS DATE. BEFORE THIS DATE (AND AFTER SEPTEMBER 15) THE CITY MUST HOLD A PUBLIC HEARING TO ADOPT ITS BUDGET A (ITTR89) "TRUTH IN TAXATION" REQUIREMENTS (IN ACCORDANCE WITH VETOED 1989 TAX BILL) 1. AUGUST 1: COMMISSIONER OF REVENUE MUST CERTIFY LEVY LIMITS AND LOCAL -� GOVERNMENT AID BY THIS DATE 2. SEPTEMBER 15: CITY MUST ADOPT A BUDGET AND CERTIFY PROPOSED PROPERTY TAX LEVY TO THE COUNTY AUDITOR BY THIS DATE 3. NOVEMBER 10: THE COUNTY AUDITOR MUST MAIL OUT NOTICES OF PROPOSED PROPERTY TAXES TO EACH PARCEL OF PROPERTY. THE NOTICE MUST INCLUDE THE FOLLOWING INFORMATION: A. THE TOTAL PROPOSED PROPERTY TAX LEVY AFTER REDUCTION FOR STATE AIDS B. THE PERCENT INCREASE OR DECREASE FROM THE PREVIOUS YEAR'S LEVY C. CLEARLY STATE THAT THE PROPOSED TAXES DO NOT INCLUDE SPECIAL ASSESSMENTS 4. NOV 15 -DEC 20: THE CITY MUST HOLD PUBLIC HEARINGS BETWEEN THESE DATES. AT THE HEARINGS, THE CITY WOULD ADOPT ITS FINAL BUDGET AND PROPERTY TAX LEVY. THE HEARINGS MUST BE HELD AFTER • 5:00 O.M. ON MONDAY THROUGH FRIDAY, OR ANYTIME ON SATURDAY. THE HEARING MUST INCLUDE DISCUSSION OF THE PERCENT INCREASE OF THE PROPOSED PROPERTY TAXES AND THE SPECIFIC USES OF THE INCREASED REVNUES. NO REQUIREMENT THAT CITY ADVERTISE THE PUBLIC HEARING IN A NEWSPAPER. HOWEVER, IF THE HEARING IS RECESSED, THE CITY IS REQUIRED TO PUBLISH A NOTICE IN A QUALIFIED NEWSPAPER OF GENERAL PAID CIRCULATION AT LEAST TWO DAYS, BUT NOT MORE THAN FIVE DAYS, PRIOR TO THE DATE THE HEARING WILL CONTINUE. 5. DECEMBER 20: FINAL PROPERTY TAX LEVY TO BE CERTIFIED ON OR BEFORE FIVE WORKING DAYS AFTER DECEMBER 20. THE FINAL ADOPTED LEVY WOULD NOT BE ALLOWED TO EXCEED THE AMOUNT CERTIFIED ON SEPTEMBER 15. • (IDRITC) MINNESOTA DEPARTMENT OF REVENUE • INSTRUCTIONS TO CITIES JUNE 23, 1989 1. ALL PROVISIONS OF THE TAX LAW PASSED BY THE 1988 LEGISLATURE CONCERNING SIAIE AID FOR CIIIES AND LEVY LIMITS REMAIN IN EFFECT 2. STATE AID: A. AUGUS`f 15 - DEPARTMENT WILL CERTIFY STATE AID AMOUNTS TO CITIES FOR PAYABLE 1990 WHICH WERE SET BY 1988 LAW B. IF SPECIAL SESSION CHANGES STATE AID AMOUNTS - DEPARTMENT WILL CERTIFY NEW STATE AID AMOUNTS AS SOON AS POSSIBLE AFTER THE SPECIAL SESSION 3. LEVY LIMITS• A� US�15 - DEPARTMENT WILL CERTIFY LEVY LIMITS FOR CITIES UNDER THE CURRENT 1988 LAW B. IF SPECIAL SESSION ADOPTS LOWER LEVY LIMITS WHICH WERE SPECIFIED IN THE VETOED TAX BILL, DEPARTMENT WILL NOTIFY CITIES OF THAT LIMIT. 4. PROPOSED PROPERTY TAX LEVY: 0 OCTOBER 1 (UNLESS LEGISLATURE, IN SPECIAL SESSION, CHANGES DEADLINE) 5. FINAL PROPERTY TAX LEVY: R 25 TO NOVEMBER 9 B. THE AMOUNT CERTIFIED ON NOVEMBER 9 CANNOT BE GREATER THAN CERTIFIED ON . OCTOBER 1 6. TRUTH IN TAXATION RE UIREMENTS: LS THIS YEAR B. PUBLIC NOTICE REQUIREMENT (1) AT LEAST FIVE WEEKDAYS BEFORE EACH BUDGET HEARING, CITY MUST PUBLISH AN ADVERTISMENT WHICH INCLUDES: a. HOUR, DATE, AND PLACE OF HEARING b. TOTAL DOLLAR AMOUNT OF THE PROPOSED PROPERTY TAXES TO BE LEVIED c. PERCENTAGE INCREASE OR DECREASE OVER PREVIOUS YEAR d. STATEMENT INVITING ALL CITIZENS TO ATTEND e. NEWSPAPER OF GENERAL PAID CIRCULATION PUBLISHED AT LEAST FIVE DAYS A WEEK f. CANNOT BE PUBLISHED WITH LEGAL NOTICES OR CLASSIFIED ADS g. AT LEAST A QUARTER PAGE h. NO SMALLER THAN 18 POINT TYPE i. IF BUDGET IS RECESSED - ANOTHER AD AT LEAST TWO DAYS, BUT NO MORE THAN FIVE DAYS, BEFORE RECONVENED MEETING j. MAIL COPY TO COMMISSIONER OF REVENUE k. PENALTY FOR NON- COMPLIANCE: COLLECT SAME PROPERTY TAX COLLECTED IN 1989 . (ICPTLGA) COMPARISON - OF - PROPERTY TAXES - AND - LOCAL - GOVERNMENT AID REVENUE ---- - - - - -- --------------- - - - - -- YEARS 1990 AND 1989 1990 1990 PERCENTAGE INCREASE INCREASE 1990 1989 (DECREASE)(DECREASE) --- - - - - -- --- - - - - -- --- - - - - -- ---- - - - - -- PROPERTY TAXES LEVIED FOR GENERAL FUND 3,701,415 3,799,950 (98,535) -2.59% ADD SPECIAL LEVIES 42,674 42,674 0 0.00% --- - - - - -- --- - - - - -- --- - - - - -- ---- - - - - -- TOTAL GENERAL FUND PROPERTY TAXES LEVIED 3,744,089 3,842,624 (98,535) -2.56% PROPERTY TAXES LEVIED FOR G.O. DEBT 364,119 372,891 (8,772) -2.35% --- - - - - -- --- - - - - -- --- - - - - -- ---- - - - - -- TOTAL PROPERTY TAXES LEVIED 4,108,208 4,215,515 (107,307) -2.55% LOCAL GOVERNMENT AID 2,953,450 2,661,084 292,366 10.99% --- - - - - -- --- - - - - -- --- - - - - -- ---- - - - - -- TOTAL PROPERTY TAXES & LOCAL GOVERNMENT AID 7,061,658 6,876,599 185,059 2.69% i • (ILLCCL) LEVY LIMIT CALCULATION FOR 1990 UNDER CURRENT LAW 1. Final Adjusted 1989 Levy Limit Base per 8 -11 -88 Department of Revenue Calculation $ 6,461,034 2. Times Three Percent Levy Limit Increase + 193,831 3. Equals = 6,654,865 4. Minus 1990 Local Government Aid - 2,953,450 5. Equals 1990 Levy Limit = 3,701,415 6. Minus 1989 Certified Levy - 3,799,950 7. Equals 1990 Levy Limit (Decrease) _ (98,535) 8. Percentage Decrease = -2.59% LEVY LIMIT CALCULATION FOR 1990 UNDER VETOED BILL 1. 1. Actual 1989 Certified Levy $ 4,215,515 • 2. Less 1989 Special Levies - 415,565 3. Add 1989 Local Government Aid + 2,661,084 4. Equals = 6,461,034 5. Times Three Percent Levy Limit Increase X 3% = 193,831 6. Equals = 6,654,865 7. Minus Estimated 1990 Local Government Aid - 2,953,450 8. Equals 1990 Levy Limit = 3,701,415 9. Minus 1989 Certified Levy - 3,799,950 10. Equals 1990 Levy Limit (Decrease) _ (98,535) 11. Percentage Decrease = -2.59% i Member introduced the following resolution and moved its adoption: 1 RESOLUTION NO. 89- RESOLUTION TO AUTHORIZE A PROPOSED TAX LEVY FOR 1990 BUDGET APPROPRIATIONS -------------------------------------------------------------------------- WHEREAS, The City of Brooklyn Center is annually required by Charter and state law to approve a resolution setting forth an annual tax levy to the Hennepin County Auditor: and WHEREAS, Minnesota statutes currently_ in force require certification of a proposed tax levy to the Hennepin County Auditor on or before August 1, 1989; and WHEREAS, the Minnesota Legislature approved an omnibus tax bill that provided for initial levy certification prior to September 15 with final approval in late December; and WHEREAS, the Governor of the State of Minnesota has vetoed the 1989 omnibus tax bill; and WHEREAS, the Department of Revenue, State of Minnesota, has issued notice that the levy certification from cities must be certified on or before October 25, 1989; and WHEREAS, the City Council of the City Y of Brook Center believes that it is in the best interest of its citizens of Brooklyn Center to make a provisional levy Y P Y - at this time and reserve the rights to recertify an amended levy as there are changes in the tax certification date. Center: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn 1. There is hereby approved for expenditures from general taxes the following sums for the purpose indicated: GENERAL FUND $3,744,089 The foregoing does not include levies already certified to the County Auditor for the payment of outstanding loans, which levies for the year 1990 are as follows: PARK IMPROVEMENT BONDS OF 1980 REDEMPTION $ 364,119 TOTAL EXPENDITURES FOR THE YEAR 1990 FROM GENERAL TAXES $4,108,208 2. Of the above amounts, $406,793 has been determined to be a special levy and is exempt from the overall levy limitations set forth in Laws of 1973, Chapter 650 as amended. 3. There is hereby levied upon all taxable property lying within the City of Brooklyn Center, in addidtion to all levies heretofore certified to the County Auditor as indicated in paragraph one hereof, the sum of $3,744,089, and the City Clerk shall cause a copy of this resolution to be certified to the County Auditor so that said sum shall be spread upon the tax rolls and will be payable in the year 1990. BE IT FURTHER RESOLVED, that the City of Brooklyn Center retains the right to amend such tax levies should there be any changes to the current tax law. Date Mayor ATTEST: Clerk The motion of the adoption of the foregoing resolution was duly seconded by member thereof: and upon vote being taken thereon, the following voted in favor and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1 CITY OF BROOKLYN CENTER Council Meeting Date 7124/89 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Private Kennel License — 4206 - 66th Avenue North DEPT. AP OVAL: 4 P J Administrative Aide Signature - title MANAGER'S REVIEW /RECOMMENDATION: -3CAM No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached A public hearing is scheduled this evening for a private kennel license at 4206 - 66th Avenue North. The owner, Sara Wiegand, has three dogs. • The police department has record of one complaint for this property. The health department inspected the home on June 11, 1989, and July 17, 1989. The home and yard are in satisfactory, sanitary condition. An 8' x 15' kennel area has been constructed. The health department recommends approval of the private kennel license on the condition that a weatherproof, insulated shelter be placed in the kennel. If approved, the license would be in effect until September 30, 1990, at which time the owner could renew the license through this same process. If the owner wished to renew the license, she would be allowed two renewals with a final expiration date of September 30, 1992. After September 30, 1992, the owner would have to be in compliance with the ordinance requirements. RECOMMENDATION: 1 recommend approval of the private kennel license subject to one condition as follows: 1. Installation of a weatherproof, insulated shelter large enough for the three animals to stand and turn around in within 30 days. M E M O R A N D U M DATE: July 19, 1989 TO: Patti Page, Administrative Aide FROM: 44mary Fandrey, Public Health Sanitarian SUBJECT: Kennel Application of 4206 66th Avenue North A kennel inspection was conducted on June 11, 1989. At that time, the kennel was under construction and the three dogs were either kept in the house or chained in the back yard. The three dogs are vaccinated against rabies and are currently licensed. There is weekly garbage pickup by a licensed hauler (Waste Management) on Thursdays. The feces are removed from the kennel every other day. I would recommend that removal occur on a daily basis considering the size of the kennel and size of the animals. The three animals are a male Schnauzer mix, a male Malemute- Shepherd cross and a female mixed breed. During an unannounced inspection on Monday, July 17, 1989, the dogs did bark quite a bit until they got used to my presence. I did note there were dogs across the street that barked as much when I arrived for the kennel inspection at 4206 66th Avenue North. The kennel was completed when I was there on July 17th and is constructed of an 8x15 foot patio block run enclosed with wood and kennel wire. The patio block floor forms the desired smooth and easily cleanable kennel floor. The animals' food is kept in a closet in the kitchen indoors and is not providing a food source for rodents. I would recommend approval of the kennel application on the condition that a weatherproof,, insulated shelter large enough for the three animals to stand and turn around in be placed in the kennel. At the present time, a cardboard box enclosed in plastic serves as protection from the elements. MEF:jt RABIES VACCINATION CERTIFICATE VACCINATION RECORD NASPHV Form #50 Rabies Tag Number Owner's Name & Address Print - use ball point pen or type Name 2 CANINE PRINT - Last � , First M.I. Telephone ❑ Adenomune' " -7 ,, J e c 1 X U L 3�3_Z) ❑ Adenomune'" 7-L No. St feet City State Zip El Bronchiclne'" J , S � n El Dura -Rab 1'" 7 ❑ Paramune' " -5 Species: Sex: Age: Ize: Predominant Breed: Colors: ❑ Paramune' " -6 Dog: -W Male: 3 mo to 12 mo El Under 20lbs. 9 0 - 11 2 1�( f l t!� n f J Parvocine'" Cal: ❑ Female:❑ 12 mo or older 2050 tbs. fJ LI Parvocine" Over501bs. LI Producer: ❑ 5-' FELINE I yr. LIc.IVacc.� Other ❑Dura -Rab t'" (First 3 letters) ❑ 3 yr. LIc,IVacc. Vacc. Serial (lot) No. ❑ Respomune ° - For Licensing Agency Use DATE VACCINATED ❑ RhinopW - MLV License No. Year Veterinarian's: N ❑ t9 L tense o. L7 19_ Month Day TEST RESULTS 19� Y .- ..•A C�Y� -� Q Poe. Neg. ❑ Feline Leukemla ❑ ❑ Signature t9_ `� ✓ ❑ Heartworm C7 ❑ Other VACCINATION EXPIRES: a m m TbchAsrics Group, M1c "A Change ❑ Add 111 '� 1 �/) a ( i"'^ �� 3 t!'y ,,.,,,„•^.,e,.".,,.o... ..w".,,w. Control No. Month Day iB < WHERE INNOVATIVE RESEARCH IS CREATING A BETTER TODAY 11 TA &5 RABIES VACCINATION CERTIFICATE VACCINATION RECORD NASPHV Form #50 Rabies Tag Number Owner's Name & Address Print - use ball point pen or type °m ' a CANINE PRINT - Last First M.I. Telephon ❑ Adenomune'" c� 11 Adenomune'" 7•L No. St Bet City State Zip I] icine'" Dura -R blo \ Yrl S a9 ❑ Paramu e -5 Species: Sex: Age: Size: Predominant Breed: Colors: 11 Paramune' " -6 Oog: ys Male: ❑ 3 mo to 12 mo ❑ Under 201bs. El 1 ' 1 l ^ �F� El Parvocine'" ❑ rvocine' " - ' Cal: ❑ Fame 12 mo or older 20- 501bs. Over 50ibs. CJ ! ❑`; c7 Producer: ^� S FELINE ❑ 1 yr. LIC.lVacc. ❑ 3 r Lie. Other Vacc. Serial (lot) No. Cl Respo eb t' o Irst 3 letters) Y • ❑Respomune -CP For Licensing Agency Use DATE VACCINATED �� ❑ Rhinopan® -MW 15- / 7 �j' ❑ License No. Year Q Veterinarian's: N / O 19 License No. ❑ 19_ Month Day Y S C r- /l/ TEST RESULTS 19 ✓'.�` -`'-� Pos. Neg. 19 Signature El Fe la O ❑❑ Other VACCINATION EXPIRES: e laie''A"'°`ica Group, `'a'�Jj Change F] Add 17 Q n ..+w»«"...o «• "se.o >• Control No. Month Day 'Y $ WHERE INNOVATIVE RESEARCH IS CREATING A BETTER TODAY 11 TA &5 RABIES VACCINATION CERTIFICATE VACCINATION RECORD NASPHV Form #50 Rabies Tag Number Owner's Name &Address Print - use ball point pen or type °T° CANINE PRINT • Last First M.I. Telephone ❑ Adenomune" -7 s33 - 0;: 1 ❑ Adenomune'" 7 - L No. Slr et City State Zip Bronchicine'" F4— A 4 YY1 SS7r7 ❑ Paramune I" 70r ❑Paramune' "•5 Species: Sex: Age: Size: I Pre Breed: Colors: ❑ Paramune' " -6 > / Dog: Male: 3molol2mo CJ Under201bs. ❑ c)[l�e� I�'�� ❑ Parvocine'" Cat: LJ Female:❑ 12moorolder 20-50 tbs. U ❑- P cane" MLA Over 50lbs. LJ - " Producer: U FELINE 1 yr. LIc.IVaca Other ❑ Dura -Rab I'" (First 3 letters) 113 yr. LIc.IVacc. Vacc, Serial 001) No. ❑ Respomune -CP For Licensing Agency Use DIE VACCINATED ❑ Rhinopan"'•MLV cT Velerinarlen's: If ❑ License No. Year (C7 19 License No. ❑ 19_ Month Day TEST RESULTS 19_ ��\\ -. Pos. Neg. 19_ Signature `� ❑❑ Fe orrm amine ❑ ❑ ri Other VACCINATION EXPIRES: r_ & , S i r c' Tbchpmwlk; - Change ❑ Add Ll d --= Control No. Month Day g WHERE INNOVATIVE RESEARCH le CREATING A BETTER TODAY 9 6 I a fit: .tr W. yp Rim . F i•�*i�`AF A MAA n• ! • r �iMJJ "mll �i g° y7y�M .• 1 r r i -r �• T ��....� >_ - Mae MCe �•:. ] 1l .. f 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 JULY 13, 1989 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Molly Malecki at 7:31 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Wallace Bernards, Lowell Ainas, Bertil Johnson, Kristen Mann and James McCloskey. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioner Sander had called to say she would be unable to attend and was excused. APPROVAL OF MINUTES - JUNE 15, 1989 Motion by Commissioner Bernards seconded by Commissioner Ainas to approve the minutes of the June 15, 1989 Planning Commission meeting as submitted. Voting in favor: Commissioners Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. Not voting: Chairperson Malecki. The motion passed. APPLICATION NOS. 89017, 89018, AND 89019 (The Robert Larsen Partners) Following the Chairperson's explanation, the Secretary introduced all three items of business, a request for site and building plan approval to add approximately 39,000 sq. ft. of retail space to Brookdale Shopping Center at 5900 Shingle Creek Parkway; a request for preliminary plat approval to combine into a single parcel the Brookdale Square site and the General Cinema site to the east; and a request for a variance from Section 35 - 540 of the Zoning Ordinance to allow a small triangle of land along the east side of the General Cinema site to be excluded from the plat. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 89017, 89018 and 89019, attached). The Secretary also pointed out the current access location off Shingle Creek Parkway and noted that the project to 'install the traffic signal at the Brookdale Square entrance has been approved by the City Council. He briefly reviewed the past history of the Brookdale Square development and noted that the City had originally sought dedication of a public street along the north side of the Brookdale Square property to connect Shingle Creek Parkway and John Martin Drive. That option however, was not followed by the developer. The Secretary also noted that the applicant would be entitled to an additional freestanding sign along John Martin Drive as a result of combining the sites. Regarding the variance, the Secretary stated that the replatting of property is generally the time to clear up the problems that exist with the title to the property. He agreed, however, that in this case the time involved would probably work a hardship on the property owner. He recommended, however, that a condition of the variance be to require, rather than simply urge, the property owner to obtain marketable title to the triangle of land and combine with the Brookdale Square site. Commissioner Bernards asked whether granting the variance would lead to legal problems for the applicant or for the City in the future. The Secretary stated that probably the worse case scenario would be if the title to that triangle were obtained by someone else entirely. He pointed out that the land was not really developable 7 -13 -89 -1- by itself and that it would be useless to anyone but the property owner. He added that it would impact more than one parking space if the triangle were not part of the site. He pointed out that the greenstrip would have to be relocated and the driving lanes relocated around it and this would affect a number of stalls. Commissioner Bernards urged the City to watch the intersection at John Martin Drive and Earle Brown Drive and the access from the shopping center. He stated that a four way stop might be needed at some point in the future. The Secretary stated that some analysis has been done by Short - Elliott- Hendrickson in this area. He stated that he did not know if a stop sign was needed at this time, but that the situation would be monitored. He pointed out that there would be no additional curb break on John Martin Drive, but that the General Cinema, Brookdale Square, the Brookdale Six office building and Perkins would all access out through that driveway onto John Martin Drive. Chairperson Malecki asked regarding changing the condition on the variance to requiring the applicant to obtain marketable title. She asked whether there was any way to enforce that condition. The Secretary answered that it would be encumbant on the developer to obtain marketable title and to combine the land with the larger site in accordance with City ordinance. Chairperson Malecki asked whether that condition could be tied to future development. The Secretary answered that it possibly could, but that it may be some years before additional retail development is proposed in this area. He again recommended changing the wording in the condition to require the applicant to obtain marketable title. Chairperson Malecki noted the proposal for stop lights on Shingle Creek Parkway and asked whether this would not be too close to County Road 10. The Secretary showed the approximate location of the proposed signals on a transparency. He stated that there was still enough of a separation between the signal and County Road 10. He explained that when Brookdale Square was developed, the developer originally wanted two full median openings, but that the City limited the southerly opening serving the T. Wright's area. He explained that the City had actually urged that the plan for the development be reversed with the shopping center on the south, but had been unable to convince the developer to pursue this orientation. He stated that it is very hard to get out of the Brookdale Square site now, but that the City streets do function. He added that the developer is required to pay for the costs of installing the signal under the original agreement executed when the development was approved. In answer to another question from Chairperson Malecki, the Secretary reviewed on the transparency the access to the U. S. West Direct site to the north. He noted that they have two right-in/right-out accesses onto Shingle Creek Parkway. Commissioner Bernards asked whether the stoplight would be synchronized with other lights along Shingle Creek Parkway to keep the traffic flowing. The Secretary responded in the affirmative. Commissioner McCloskey inquired as to the designation of handicapped parking spaces. The Secretary responded that handicapped parking would have to be provided and showed some of the locations that he was aware of where handicapped parking presently exists. He stated that the Building Code requires one stall per 50 stalls to be handicapped and that they must be convenient to the building. Commissioner McCloskey asked whether there would be similar building lines to the shopping center. The Secretary responded in the affirmative and showed the location of the canopy area on the plan. Mr. David Shea, the architect for the project, showed the Commission a rendering of the elevations of the building. He stated that the exterior would be brick with a wood canopy to match the existing. 7 -13 -89 -2- Chairperson Malecki asked the applicant whether he had anything to add. Mr. Chris Galley, representing Robert Larsen Partners, stated that he had nothing to add to the report, but would be available for questions. Chairperson Malecki asked what kind of store T. J. Maxx was. Mr. Galley responded that it was basically soft goods, mostly clothing. Commissioner Bernards asked whether the hours would be comparble to other tenants in the center. Mr. Galley responded in the affirmative. PUBLIC HEARING (Application Nos. 89018 and 89019) Chairperson Malecki then opened the meeting for a public hearing on both the preliminary plat and the variance application and asked whether anyone present wished to speak. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Johnson seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. The Planner asked the applicant what was to be done with the area east of T. J. Maxx. He asked if there would be a sidewalk in this location. Mr. David Shea responded that there would be an 8' to 10' wide sidewalk and that landscaping could possibly be added. ACTION RECOMMENDING APPROVAL OF APPLICATION NOS .89017,89018 AND 89019 (The Robert Larsen Partners) Motion by Commissioner Ainas seconded by Commissioner Johnson to recommend approval of Application No. 89017 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 7 -13 -89 -3- 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 13. The replat of the property shall receive final approval and be filed at the County prior to the issuance of permits. 14. The property owner shall enter into a restrictive covenant to be filed with the title to the property requiring the installation of proof -of- parking stalls upon a determinatin by the City that such stalls are needed for the proper functioning of the site. Said restrictive covenant shall be executed and filed prior to the issuance of permits. And Application No. 89018 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. Exclusion of the 1,200 sq. ft. triangle of land adjacent to John Martin Drive from the plat is subject to approval of variance Application No. 89019. And Application No. 89019 subject to the following conditions: 1. The time delay of the applicant obtaining marketable title to the small triangle of land is deemed to be an unreasonable burden on the developer and a hardship in making use of the property. 2. The circumstances involving a remnant of a parcel taken for right -of -way are somewhat unique. 3. The hardship results from actions orginally taken by the highway department and not the property owner. 4. There will be no adverse impact on surrounding land or improvements in the neighborhood. . 7 -13 -89 -4- 5. The applicant is required to obtain marketable title to the small triangle of land as soon as possible and to combine it with the larger site. Voting in favor of the motion on all three applications: Chairperson Malecki, Commissioners Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. OTHER BUSINESS a) Elect Planning Commission Chairman Pro tem The Secretary noted that Molly Malecki had been appointed Chairperson for the Planning Commission and that her position, Chairman Pro tem, was now vacant and needed to be filled. Chairperson Malecki opened the floor for nominations. Commissioner Bernards nominated Commissioner Ainas to serve as Planning Commission Chairman Pro tem. The nomination was seconded by Commissioner Mann. Chairperson Malecki asked whether there were any other nominations. Hearing none, she called for a vote on the nomination of Commissioner Ainas. Voting in favor: Chairperson Malecki, Commissioners Bernards, Johnson, Mann and McCloskey. Voting against: none. The motion passed. The Secretary then distributed to the Planning Commissioners a Housing Market Study done by Maxfield Research Group and stated that it would be reviewed by the Commission at its August 17, 1989 meeting. He stated that there are some implications for land use and zoning contained within the report and that the Commission should take note of these. He referred to a map of priority areas on page 11 and reviewed the various development concerns noted on that map. The Secretary added that the modification of the tax increment district boundary would also be considered at their August 17 meeting. The Secretary stated that the group home study was complete as far as he had heard from the consultant and that staff would be receiving the final chapter soon. He stated that this would be distributed to the Commission for consideration at their next meeting. He added that he had received proposals from consultants on the study of land use in the area of 66th Avenue North and Highway 252 and that a consultant would be selected by the Council at their meeting on July 24. He stated that most of the consultants who submitted proposals projected that the study should be complete by October or November to allow time for implementation. The Planner added that the City received from the Metropolitan Council a couple of months ago a revised Systems Statement on transportation and sewers. He stated that cities would have to determine by January of 1990 whether Comprehensive Plan amendments were needed to conform with these revised Systems Statements. He stated that it did not appear that there would be a need for an amendment to the sewer element, but that there may be a need to revise the transportation element of the Comprehensive Plan. ADJOURNMENT Motion by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:46 p.m. airperson 7 -13 -89 -5- Planning Commission Information Sheet Application No. 89017 Applicant: The Robert Larsen Partners Location: 5900 Shingle Creek Parkway Request: Site and Building Plan The applicant requests site and building plan approval to construct 38, 917 sq. ft. of additional retail space at the Brookdale Square shopping center at 5900 Shingle Creek Parkway. The land in question is to include both the present Brookdale Square site and the General Cinema site, is zoned C2 and is bounded on the north by U. S. West Direct and the Brookdale Six office building, on the east by John Martin Drive, on the south by an exit ramp from Highway 100 and by Brookdale Ford, and on the west by Shingle Creek Parkway. Retail sales buildings are a permitted use in the C2 zoning district. The additions are to include a 25,200 sq. ft. T. J. Maxx store to the east end of the existing building and a 13,717 sq. ft. addition to the Drug Emporium space behind the building. Access /Parking The proposed plan calls for a revised access off Shingle Creek Parkway. The main shopping center access would be moved southward from its present location by approximately 175'. The median opening in Shingle Creek Parkway will also be relocated southward and a signal will be installed. The southerly access near T. Wright's will remain, but the median opening serving that access will be closed by the City. The combination of the Brookdale Square site and the General Cinema site will open up a driveway that will establish a continuous link of private driveways from Shingle Creek Parkway to John Martin Drive. The addition of retail space is possible because the parking requirement for theatres located in a retail shopping center complex of 50,000 sq. ft. or more is now one space for every four seats rather than one space for every three seats as previously. With the combination of the Brookdale Square site and the General Cinema site into a single parcel, there will be a total of 3,520 theatre seats in the complex. This requires 880 parking spaces. T. Wright's restaurant requires 263 spaces. The retail center, with the proposed expansion, would be 126,515 sq. ft. which requires 744 spaces. This comes to a total parking requirement of 1,887 parking spaces. The proposed plan of the combined site provides for a total of 1,958 spaces, including 260 deferred stalls. We recommend against acceptance of 13 deferred stalls north of the U.A. Theatre. A proof -of- parking restrictive covenant should be executed binding the property owner to future compliance upon a determination by the City that the stalls are needed. Even if 13 spaces are rejected, there will remain some future development potential on the site, given a modest parking surplus of 58 spaces. The applicant has indicated an interest in adding a small retail building to the northeast portion of the site at some time in the future in order to make better use of the largely unused parking in that area of the site. Landscaping The landscape plan documents existing landscape plantings and proposes new plantings in bold relief. Existing landscaping accounts for 661 landscape points (at 10 points for shade trees, 6 for coniferous trees, 1.5 for ornamental trees, and .5 points for shrubs) . The point requirement for the entire 23.2 acre site is 1,170 points. The plan proposes 510 additional points in landscape plantings, including 33 shade trees, 22 ornamental trees, 22 coniferous trees and 50 shrubs. Most of the new plantings are to be located on the old General Cinema site, along the back of the shopping center, and in the area of the revised entrance off Shingle Creek Parkway. 7 -13 -89 -1- Application no. 89017 continued The plan proposes six (6) Colorado Green Spruce in the greenstrip behind the shopping center to serve as screening of a loading dock at the northeast corner of Children's Palace. The plan also proposes six (6) Summit Ash and three (3) Red Splendor Crab in islands along the driveway entrance at the north end of the old General Cinema site, providing somewhat of a gateway effect. Grading, Drainage, Utilities The site will be disturbed by the relocation of the main access off Shingle Creek Parkway, by the construction of the new retail areas, and by the modification of the parking layout and entrance at the north end of the old General Cinema site which gains access to John Martin Drive through the Brookdale Six office building property. Otherwise, the surface of the site will be mostly unaffected. The grading and utility plan proposes three skimmers to purify some of the runoff from the site. One is to be located in a small parking area north of the main access drive near Shingle Creek Parkway. Another is to be located behind the shopping center building, in the greenstrip adjacent to U. S. West Direct. The third is to be located in a median north of the U.A. Theatre. A new storm sewer line will connect these last two skimmers by ringing the east end of the shopping center building. A water line which runs under the parking lot east of the existing building will have to be relocated around the new addition. A new hydrant is proposed in a parking lot island northeast of the new T. J. Maxx store. Building The exterior treatment of the proposed additions is to be brick to match the existing center. A canopy treatment with wood facia will be extended along the south side of the T. J. Maxx store. The entrance to the store will be along the south side of the building, in line with the other tenants in the building. Staff have encouraged the applicant to consider putting an entrance on the east side of the building to have ready access to a large area of underutilized parking. However, T. J. Maxx has a centralized checkout scheme and, for security reasons, prefers to have a single entrance along the front of the center. Parking spaces required for the store will be located within 400' of the entrance. While this is not an ordinance requirement for commercial parking, it is a requirement for parking at multi - family residential sites and is at least an indication of convenience. While not as convenient as we would like, the arrangement is probably acceptable. Lighting /Trash No lighting changes are proposed. The plans call for two additional trash enclosures in the service and loading area behind the building, one to serve T. J. Maxx, the other to serve Drug Emporium. Recommendation Altogether, the plans appear to be in order and approval is recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 7 -13 -89 -2- Application No. 89017 continued 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 13. The replat of the property shall receive final approval and be filed at the County prior to the issuance of permits. 14. The property owner shall enter into a restrictive covenant to be filed with the title to the property requiring the installation of proof -of- parking stalls upon a determinatin by the City that such stalls are needed for the proper functioning of the site. Said restrictive covenant shall be executed and filed prior to the issuance of permits. 7 -13 -89 -3- Planning Commission Information Sheet Application No. 89018 Applicant: The Robert Larsen Partners Location: 5900 Shingle Creek Parkway, 5801 John Martin Drive Request: Preliminary Plat The applicant requests preliminary plat approval to combine into a single parcel the lots on which the Brookdale Square development and the General Cinema are located. The property in question is zoned C2 and is the subject of Application No. 89017 (see accompanying information sheet for location). The purpose of the replatting is to combine the parcels into a single site and thereby take advantage of a lower theatre parking requirement which applies to theatres in a retail shopping center complex. The total area of the parcel is to be 23.2 acres. The proposed legal description is simply Lot 1, Block 1, Brookdale Square 2nd Addition. The plat indicates 10' wide utility easements along the west, north, and east sides of the old Brookdale Square site. An NSP power line easement is also indicated over the southerly portion of the old General Cinema site, including over a portion of the theatre building. Apparently, NSP does not object to a building within this easement. The proposed combination is fairly simple, except that there is a small triangle of land on the east side of the old General Cinema site which does not have a marketable title at present. It was formerly acquired by MNDOT for right -of -way for the interchange of John Martin Drive with the Highway 100 southbound ramp. Including this triangle of land in the plat would delay filing of the plat for months at least and would perhaps kill the project. Accordingly, the applicant is seeking a variance from Section 35 -540 of the Zoning Ordinance to exclude this triangle from the plat. (See Planning Commission Application No. 89019.) Generally, the proposed 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. Exclusion of the 1,200 sq. ft. triangle of land adjacent to John Martin Drive from the plat is subject to approval of variance Application No. 89019. 7 -13 -89 Planning Commission Information Sheet Application No. 89019 Applicant: The Robert Larsen Partners Location: 5900 Shingle Creek Parkway, 5801 John Martin Drive Request: Variance The applicant requests a variance from Section 35 -540 of the Zoning Ordinance which requires multiple parcels under common use and common ownership to be combined into a single parcel through platting or registered land survey. The Brookdale Square site and most of the General Cinema site would be combined into a single parcel (under Application No. 89018). However, a small triangle of land on the east side of the General Cinema site would be excluded from the plat because it has no marketable title at present. The triangle is a remnant of a tract in R.L.S. No. 1300 which was taken for right -of -way for the ramp leading from John Martin Drive to the exit ramp serving southbound Highway 100. The triangle of land was returned to the property owner, Mr. Deil Gustafson, as excess right -of -way land and was included in General Cinema site. The requirement to combine the site into a single parcel was apparently not imposed in 1971 when the cinema was developed. Applicant's Letter The applicant's representative, Mr. Tim Erkkila of Westwood Professional Services, has submitted a letter (attached) addressing the Standards for a Variance from Section 35 -240 of the Zoning Ordinance (also attached) . In the letter, Mr. Erkkila notes that the triangular piece of land is approximately 1,200 sq. ft. in area and has been improved to include sod, concrete curb and part of a parking space. Regarding hardship, Mr. Erkkila notes that the developers project is not substantially affected by this piece because of its small size and peripheral location. He states that the developer will work diligently to clarify the title, but that to postpone the platting until clear title is obtained would delay the project beyond the current construction season and project viability would be lost. Concerning uniqueness, Mr. Erkkila notes that it is not unique physical circumstances which create the hardship, but the procedural requirement to combine the land into a single parcel and the timing involved in fulfilling such a requirement. Mr. Erkkila goes on to argue that the hardship is not created by the owner, but by the State of Minnesota in acquisition of part of the tract which left the remnant in question. Finally, he argues that granting the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood because the parcel is and has been considered a part of the General Cinema site as far as buildings and site improvements are concerned. Staff Response Clearly the hardship in this case is timing. Apparently, it would be some nonths or even longer before a marketable title to the property could be obtained. The City found itself in similar circumstances in trying to replat the property that includes the Earle Brown Farm and the Earle Brown Commons residential development in 1986. In that case, the City sought to vacate 10' on either side of Earle Brown Drive and attach the land to the adjacent parcels. However, it was impossible to obtain title to the underlying land within a reasonable period of time and so interim variances were granted from setback and greenstrip requirements and the land we sought to combine with existing parcels was left out of the final plat. We are still seeking title to that land, which may be an indication of how long the process can take. Certainly, imposing such a delay in this case would be an unreasonable burden and a hardship on the developer. The public benefit of compliance with the ordinance does not in this case (given the peripheral location and size of the parcel) appear to equal the potential private cost. 7 - 13 -89 -1- Application No. 89019 continued As to uniqueness, remnant parcels of vacated right -of -way are somewhat unique, but do occur in many locations where highway projects have been undertaken. Given the amount of time it generally takes for such land to be turned back, we are surprised that the parcel in question was available for development of the cinema site in the first place. The hardship does seem to be a result of the original highway department acquisition. However, we would certainly urge the owner to obtain clear title to this property as soon as possible. Finally, we agree that there will be no physical detriment to surrounding land or improvements if the variance is granted. No change in the improvements on this small parcel is proposed or required. Recommendation Based on the above evaluation, we recommend approval of the variance request, citing the following findings: 1. The time delay of the applicant obtaining marketable title to the small triangle of land is deemed to be an unreasonable burden on the developer and a hardship in making use of the property. 2. The circumstances involving a remnant of a parcel taken for right -of -way are somewhat unique. 3. The hardship results from actions orginally taken by the highway department and not the property owner. 4. There will be no adverse impact on surrounding land or improvements in the neighborhood. 5. The applicant is urged to obtain marketable title to the small triangle of land as soon as possible and to combine it with the larger site for tax purposes. 7 -13 -89 CITY OF BROOKLYN CENTER Council Meeting Date 7 -24 -8 9 t Agenda Item Number /O a, REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application Nos. 89017. 89018, and 89019 - The Robert Larsen Partners DEPARTMENT VAL: Signature - title Director of Planning and Inspection *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) APPLICATION NO. 89017 Th e app ican�E reques s site and building plan approval to construct 38, 917 sq. ft. of additional retail space at the Brookdale Square shopping center at 5900 Shingle Creek Parkway. The land in question is to include both the present Brookdale Square site and the General Cinema site. APPLICATION NO. 89018 The applicant requests preliminary plat approval to combine into a single parcel the lots on which the Brookdale Square development and the General Cinema are located. APPLICATION NO. 89019 The applicant requests variance approval from Section 35-540 of the Zoning Ordinance which requires multiple parcels under common use and common ownership to be combined into a single parcel through platting or registered land survey. RECOMMENDATION All three applications were reviewed by the Planning Commission at its July 13 meeting and approval was recommended for each application subject to the conditions listed in the Planning Commission minutes attached. Information sheets and a map of the area are also attached. Since the time of the Planning Commission recommendation the City has received correspondence from the Shingle Creek Watershed Management Commission regarding their review of the proposal (attached). The Watershed Commission has recommended 3 conditions regarding roof drainage, responsibility for maintenance of skimmers and final review and approval of skimming structures is left up to the Watershed Commission's Engineer. An additional condition for Planning Commission Application No. 89017 is, therefore, recommended to read as follows: • 15 . The applicant shall comply with the conditions approved by the Shingle Creek Watershed Management Commission during its review of this application on July 13, 1989 regarding roof drainage, maintenance of skimmers and final approval by the Watershed Commission's Engineer. f' 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 JULY 13, 1989 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Molly Malecki at 7:31 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Wallace Bernards, Lowell Ainas, Bertil Johnson, Kristen Mann and James McCloskey. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioner Sander had called to say she would be unable to attend and was excused. APPROVAL OF MINUTES - JUNE 15, 1989 Motion by Commissioner Bernards seconded by Commissioner Ainas to approve the minutes of the June 15, 1989 Planning Commission meeting as submitted. Voting in favor: Commissioners Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. Not voting: Chairperson Malecki. The motion passed. APPLICATION NOS. 89017, 89018, AND 89019 (The Robert Larsen Partners) Following the Chairperson's explanation, the Secretary introduced all three items of business, a request for site and building plan approval to add approximately 39,000 sq. ft. of retail space to Brookdale Shopping Center at 5900 Shingle Creek Parkway; a request for preliminary plat approval to combine into a single parcel the Brookdale Square site and the General Cinema site to the east; and a request for a variance from Section 35 - 540 of the Zoning Ordinance to allow a small triangle of land along the east side of the General Cinema site to be excluded from the plat. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 89017, 89018 and 89019, attached). The Secretary also pointed out the current access location off Shingle Creek Parkway and noted that the project to install the traffic signal at the Brookdale Square entrance has been approved by the City Council. He briefly reviewed the past history of the Brookdale Square development and noted that the City had originally sought dedication of a public street along the north side of the Brookdale Square 'property to connect Shingle Creek Parkway and John Martin Drive. That option, however, was not followed by the developer. The Secretary also noted that the applicant would be entitled to an additional freestanding sign along John Martin Drive as a result of combining the sites. Regarding the variance, the Secretary stated that the replatting of property is generally the time to clear up the problems that exist with the title to the property. He agreed, however, that in this case the time involved would probably work a hardship on the property owner. He recommended, however, that a condition of the variance be to require, rather than simply urge, the property owner to obtain marketable title to the triangle of land and combine with the Brookdale Square site. Commissioner Bernards asked whether granting the variance would lead to legal problems for the applicant or for the City in the future. The Secretary stated that . probably the worse case scenario would be if the title to that triangle were obtained by someone else entirely. He pointed out that the land was not really developable 7 -13 -89 -1- by itself and that it would be useless to anyone but the property owner. He added that it would impact more than one parking space if the triangle were not part of the site. He pointed out that the greenstrip would have to be relocated and the driving lanes relocated around it and this would affect a number of stalls. Commissioner Bernards urged the City to watch the intersection at John Martin Drive and Earle Brown Drive and the access from the shopping center. He stated that a four way stop might be needed at some point in the future. The Secretary stated that some analysis has been done by Short - Elliott- Hendrickson in this area. He stated that he did not know if a stop sign was needed at this time, but that the situation would be monitored. He pointed out that there would be no additional curb break on John Martin Drive, but that the General Cinema, Brookdale Square, the Brookdale Six office building and Perkins would all access out through that driveway onto John Martin Drive. Chairperson Malecki asked regarding changing the condition on the variance to requiring the applicant to obtain marketable title. She asked whether there was any way to enforce that condition. The Secretary answered that it would be encumbant on the developer to obtain marketable title and to combine the land with the larger site in accordance with City ordinance. Chairperson Malecki asked whether that condition could be tied to future development. The Secretary answered that it possibly could, but that it may be some years before additional retail development is proposed in this area. He again recommended changing the wording in the condition to require the applicant to obtain marketable title. Chairperson Malecki noted the proposal for stop lights on Shingle Creek Parkway and asked whether this would not be too close to County Road 10. The Secretary showed the approximate location of the proposed signals on a transparency. He stated that there was still enough of a separation between the signal and County Road 10. He explained that when Brookdale Square was developed, the developer originally wanted two full median openings, but that the City limited the southerly opening serving the T. Wright's area. He explained that the City had actually urged that the plan for the development be reversed with the shopping center on the south, but had been unable to convince the developer to pursue this orientation. He stated that it is very hard to get out of the Brookdale Square site now, but that the City streets do function. He added that the developer is required to pay for the costs of installing the signal under the original agreement executed when the development was approved. In answer to another question from Chairperson Malecki, the Secretary reviewed on the transparency the access to the U. S. West Direct site to the north. He noted that they have two right -in /right -out accesses onto Shingle Creek Parkway. Commissioner Bernards asked whether the stoplight would be synchronized with other lights along Shingle Creek Parkway to keep the traffic flowing. The Secretary responded in the affirmative. Commissioner McCloskey inquired as to the designation of handicapped parking spaces. The Secretary responded that handicapped parking would have to be provided and showed some of the locations that he was aware of where handicapped parking presently exists. He stated that the Building Code requires one stall per 50 stalls to be handicapped and that they must be convenient to the building. Commissioner McCloskey asked whether there would be similar building lines to the shopping center. The Secretary responded in the affirmative and showed the location of the canopy area on the plan. Mr. David Shea, the architect for the project, showed the Commission a rendering of the elevations of the building. He stated that the exterior would be brick with a wood canopy to match the existing. 7 -13 -89 -2- r Chairperson Malecki asked the applicant whether he had anything to add. Mr. Chris Galley, representing Robert Larsen Partners, stated that he had nothing to add to the report, but would be available for questions. Chairperson Malecki asked what kind of store T. J. Maxx was. Mr. Galley responded that it was basically soft goods, mostly clothing. Commissioner Bernards asked whether the hours would be comparble to other tenants in the center. Mr. Galley responded in the affirmative. PUBLIC HEARING (Application Nos. 89018 and 89019) Chairperson Malecki then opened the meeting for a public hearing on both the preliminary plat and the variance application and asked whether anyone present wished to speak. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Johnson seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. The Planner asked the applicant what was to be done with the area east of T. J. Maxx. He asked if there would be a sidewalk in this location. Mr. David Shea responded that there would be an 8' to 10' wide sidewalk and that landscaping could possibly be added. ACTION RECOMM APPROVAL OF APPLICATION NOS. 89017; 89018 AND 89019 (The Robert Larsen Partners Motion by Commissioner Ainas seconded by Commissioner Johnson to recommend approval of Application No. 89017 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 7 -13 -89 -3- 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 13. The replat of the property shall receive final approval and be filed at the County prior to the issuance of permits. 14. The property owner shall enter into a restrictive covenant to be filed with the title to the property requiring the installation of proof -of- parking stalls upon a determinatin by the City that such stalls are needed for the proper functioning of the site. Said restrictive covenant shall be executed and filed prior to the issuance of permits. And Application No. 89018 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. Exclusion of the 1,200 sq. ft. triangle of land adjacent to John Martin Drive from the plat is subject to approval of variance Application No. 89019. And Application No. 89019 subject to the following conditions: 1. The time delay of the applicant obtaining marketable title to the small triangle of land is deemed to be an unreasonable burden on the developer and a hardship in making use of the property. 2. The circumstances involving a remnant of a parcel taken for right -of -way are somewhat unique. 3. The hardship results from actions orginally taken by the highway department and not the property owner. 4. There will be no adverse impact on surrounding land or improvements in the neighborhood. 7 -13 -89 -4- 5. The applicant is required to obtain marketable title to the small triangle of land as soon as possible and to combine it with the larger site. Voting in favor of the motion on all three applications: Chairperson Malecki, Commissioners Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. OTHER BUSINESS a) Elect Planning ommission Chairman rman Pro tem The Secretary noted that Molly Malecki had been appointed Chairperson for the Planning Commission and that her position, Chairman Pro tem, was now vacant and needed to be filled. Chairperson Malecki opened the floor for nominations. Commissioner Bernards nominated Commissioner Ainas to serve as Planning Commission Chairman Pro tem. The nomination was seconded by Commissioner Mann. Chairperson Malecki asked whether there were any other nominations. Hearing none, she called for a vote on the nomination of Commissioner Ainas. Voting in favor: Chairperson Malecki, Commissioners Bernards, Johnson, Mann and McCloskey. Voting against: none. The motion passed. The Secretary then distributed to the Planning Commissioners a Housing Market Study done by Maxfield Research Group and stated that it would be reviewed by the Commission at its August 17, 1989 meeting. He stated that there are some implications for land use and zoning contained within the report and that the Commission should take note of these. He referred to a map of priority areas on page 11 and reviewed the various development concerns noted on that map. The Secretary added that the modification of the tax increment district boundary would also be considered at their August 17 meeting. The Secretary stated that the group home study was complete as far as he had heard from the consultant and that staff would be receiving the final chapter soon. He stated that this would be distributed to the Commission for consideration at their next meeting. He added that he had received proposals from consultants on the study of land use in the area of 66th Avenue North and Highway 252 and that a consultant would be selected by the Council at their meeting on July 24. He stated that most of the consultants who submitted proposals projected that the study should be complete by October or November to allow time for implementation. The Planner added that the City eceived from the Metropolitan Council a couple of Y P P months ago a revised Systems Statement on transportation and sewers. He stated that cities would have to determine by January of 1990 whether Comprehensive Plan amendments were needed to conform with these revised Systems Statements. He stated that it did not appear that there would be a need for an amendment to the sewer element, but that there may be a need to revise the transportation element of the Comprehensive Plan. ADJOURNMENT Motion by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:46 p.m. Chairperson 7 -13 -89 -5- Planning Commission Information Sheet Application No. 89017 Applicant: The Robert Larsen Partners Location: 5900 Shingle Creek Parkway Request: Site and Building Plan The applicant requests site and building plan approval to construct 38, 917 sq. ft. of additional retail space at the Brookdale Square shopping center at 5900 Shingle Creek Parkway. The land in question is to include both the present Brookdale Square site and the General Cinema site, is zoned C2 and is bounded on the north by U. S. West Direct and the Brookdale Six office building, on the east by John Martin Drive, on the south by an exit ramp from Highway 100 and by Brookdale Ford, and on the west by Shingle Creek Parkway. Retail sales buildings are a permitted use in the C2 zoning district. The additions are to include a 25,200 sq. ft. T. J. Maxx store to the east end of the existing building and a 13,717 sq. ft. addition to the Drug Emporium space behind the building. Access /Parking The proposed plan calls for a revised access off Shingle Creek Parkway. The main shopping center access would be moved southward from its present location by approximately 175 The median opening in Shingle Creek Parkway will also be relocated southward and a signal will be installed. The southerly access near T. Wright's will remain, but the median opening serving that access will be closed by the City. The combination of the Brookdale Square site and the General Cinema site will open up a driveway that will establish a continuous link of private driveways from Shingle Creek Parkway to John Martin Drive. The addition of retail space is possible because the parking requirement for theatres located in a retail shopping center complex of 50, 000 sq. ft. or more is now one space for every four seats rather than one space for every three seats as previously. With the combination of the Brookdale Square site and the General Cinema site into a single parcel, there will be a total of 3,520 theatre seats in the complex. This requires 880 parking spaces. T. Wright's restaurant requires 263 spaces. The retail center, with the proposed expansion, would be 126,515 sq. ft. which requires 744 spaces. This comes to a total parking requirement of 1,887 parking spaces. The proposed plan of the combined site provides for a total of 1,958 spaces, including 260 deferred stalls. We recommend against acceptance of 13 deferred stalls north of the U.A. Theatre. A proof -of- parking restrictive covenant should be executed binding the property owner to future compliance upon a determination by the City that the stalls are needed. Even if 13 spaces are rejected, there will remain some future development potential on the site, given a modest parking surplus of 58 spaces. The applicant has indicated an interest in adding a small retail building to the northeast portion of the site at some time in the future in order to make better use of the largely unused parking in that area of the site. Landscaping The landscape plan documents existing landscape plantings and proposes new plantings in bold relief. Existing landscaping accounts for 661 landscape points (at 10 points for shade trees, 6 for coniferous trees, 1.5 for ornamental trees, and .5 points for shrubs) . The point requirement for the entire 23.2 acre site is 1,170 points. The plan proposes 510 additional points in landscape plantings, including 33 shade trees, 22 ornamental trees, 22 coniferous trees and 50 shrubs. Most of the new plantings are to be located on the old General Cinema site, along the back of the shopping center, and in the area of the revised entrance off Shingle Creek Parkway. 7 -13 -89 -1- Application no. 89017 continued 1 The plan proposes six (6) Colorado Green Spruce in the greenstrip behind the shopping center to serve as screening of a loading dock at the northeast corner of Children's Palace. The plan also proposes six (6) Summit Ash and three (3) Red Splendor Crab in islands along the driveway entrance at the north end of the old General Cinema site, providing somewhat of a gateway effect. Grading, Drainage, Utilities The site will be disturbed by the relocation of the main access off Shingle Creek Parkway, by the construction of the new retail areas, and by the modification of the parking layout and entrance at the north end of the old General Cinema site which gains access to John Martin Drive through the Brookdale Six office building Property. Otherwise, the surface of the site will be mostly unaffected. The grading and utility plan proposes three skimmers to purify some of the runoff from the site. One is to be located in a small parking area north of the main access drive near Shingle Creek Parkway. Another is to be located behind the shopping center building, in the greenstrip adjacent to U. S. West Direct. The third is to be located in a median north of the U.A. Theatre. A new storm sewer line will connect these last two skimmers by ringing the east end of the shopping center building. A water line which runs under the parking lot east of the existing building will have to be relocated around the new addition. A new hydrant is proposed in a parking lot island northeast of the new T. J. Maxx store. Building The exterior treatment of the proposed additions is to be brick to match the existing center. A canopy treatment with wood facia will be extended along the south side of the T. J. Maxx store. The entrance to the store will be along the south side of the building, in line with the other tenants in the building. Staff have encouraged the applicant to consider putting an entrance on the east side of the building to have ready access to a large area of underutilized parking. However, T. J. Maxx has a centralized checkout scheme and, for security reasons, prefers to have a single entrance along the front of the center. Parking spaces required for the store will be located within 400' of the entrance. While this is not an ordinance requirement for commercial parking, it is a requirement for parking at multi - family residential sites and is at least an indication of convenience. While not as convenient as we would like, the arrangement is probably acceptable. Lighting /Trash No lighting changes are proposed. The plans call for two additional trash enclosures in the service and loading area behind the building, one to serve T. J. Maxx, the other to serve Drug Emporium. Recommendation Altogether, the plans appear to be in order and approval is recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 7 -13 -89 -2- Application No. 89017 continued 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 13• The replat of the property shall receive final approval and be filed at the County prior to the issuance of permits. 14. The property owner shall enter into a restrictive covenant to be filed with the title to the property requiring the installation of proof -of- parking stalls upon a determinatin by the City that such stalls are needed for the proper functioning of the site. Said restrictive covenant shall be executed and filed prior to the issuance of permits. 7 -13 -89 -3- Planning Commission Information Sheet Application No. 89018 Applicant: The Robert Larsen Partners Location: 5900 Shingle Creek Parkway, 5801 John Martin Drive Request: Preliminary Plat The applicant requests preliminary plat approval to combine into a single parcel the lots on which the Brookdale Square development and the General Cinema are located. The property in question is zoned C2 and is the subject of Application No. 89017 (see accompanying information sheet for location). The purpose of the replatting is to combine the parcels into a single site and thereby take advantage of a lower theatre parking requirement which applies to theatres in a retail shopping center complex. The total area of the parcel is to be 23.2 acres. The proposed legal description is simply Lot 1, Block 1, Brookdale Square 2nd Addition. The plat indicates 10' wide utility easements along the west, north, and east sides of the old Brookdale Square site. An NSP power line easement is also indicated over the southerly portion of the old General Cinema site including over a portion of the theatre building. Apparently, NSP does not object to a building within this easeme nt. J g The proposed combination is fairly simple, except that there is a small triangle of land on the east side of the old General Cinema site which does not have a marketable title at present. It was formerly acquired by MNDOT for right -of -way for the interchange of John Martin Drive with the Highway 100 southbound ramp. Including this triangle of land in the plat would delay filing of the plat for months at least and would perhaps kill the project. Accordingly, the applicant is seeking a variance from Section 35 -540 of the Zoning Ordinance to exclude this triangle from the plat. (See Planning Commission Application No. 89019.) Generally, the proposed 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. Exclusion of the 1,200 sq. ft. triangle of land adjacent to John Martin Drive from the plat is subject to approval of variance Application No. 89019. I 7 -13 -89 Planning Commission Information Sheet Application No. 89019 Applicant: The Robert Larsen Partners Location: 5900 Shingle Creek Parkway, 5801 John Martin Drive Request: Variance The applicant requests a variance from Section 35-540 of the Zoning Ordinance which requires multiple parcels under common use and common ownership to be combined into a single parcel through platting or registered land survey. The Brookdale Square site and most of the General Cinema site would be combined into a single parcel (under Application No. 89018). However, a small triangle of land on the east side of the General Cinema site would be excluded from the plat because it has no marketable title at present. The triangle is a remnant of a tract in R.L.S. No. 1300 which was taken for right -of -way for the ramp leading from John Martin Drive to the exit ramp serving southbound Highway 100. The triangle of land was returned to the property owner, Mr. Deil Gustafson, as excess right -of -way land and was included in General Cinema site. The requirement to combine the site into a single parcel was apparently not imposed in 1971 when the cinema was developed. Applicant's Letter The applicant's representative, Mr. Tim Erkkila of Westwood Professional Services, has submitted a letter (attached) addressing the Standards for a Variance from Section 35 -240 of the Zoning Ordinance (also attached) . In the letter, Mr. Erkkila notes that the triangular piece of land is approximately 1,200 sq. ft. in area and has been improved to include sod, concrete curb and part of a parking space. Regarding hardship, Mr. Erkkila notes that the developers project is not substantially affected by this piece because of its small size and peripheral location. He states that the developer will work diligently to clarify the title, but that to postpone the platting until clear title is obtained would delay the project beyond the current construction season and project viability would be lost. Concerning uniqueness, Mr. Erkkila notes that it is not unique physical circumstances which create the hardship, but the procedural requirement to combine the land into a single le arcel an g p d the timing nvolved in fulfilling such a g g requirement. Mr. Erkkila goes on to argue that the hardship is not created by the owner, but by the State of Minnesota in acquisition of part of the tract which left the remnant in question. Finally, he argues that granting the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood because the parcel is and has been considered a part of the General Cinema site as far as buildings and site improvements are concerned. Staff Response Clearly the hardship in this case is timing. Apparently, it would be some nonths or even longer before a marketable title to the property could be obtained. The City found itself in similar circumstances in trying to replat the property that includes the Earle Brown Farm and the Earle Brown Commons residential development in 1986. In that case, the City sought to vacate 10' on either side of Earle Brown Drive and attach the land to the adjacent parcels. However, it was impossible to obtain title to the underlying land within a reasonable period of time and so interim variances were granted from setback and greenstrip requirements and the land we sought to combine with existing parcels was left out of the final plat. We are still seeking title to that land, which may be an indication of how long the process can take. Certainly, imposing such a delay in this case would be an unreasonable burden and a hardship on the developer. The public benefit of compliance with the ordinance does not in this case (given the peripheral location and size of the parcel) appear to equal the potential private cost. 7 -13 -89 -1- Application No. 89019 continued As to uniqueness, remnant parcels of vacated right -of -way are somewhat unique, but do occur in many locations where highway projects have been undertaken. Given the amount of time it generally takes for such land to be turned back, we are surprised that the parcel in question was available for development of the cinema site in the first place. The hardship does seem to be a result of the original highway department acquisition. However, we would certainly urge the owner to obtain clear title to this property as soon as possible. Finally, we agree that there will be no physical detriment to surrounding land or improvements if the variance is granted. No change in the improvements on this small parcel is proposed or required. Recommendation Based on the above evaluation, we recommend approval of the variance request, citing the following findings: 1. The time delay of the applicant obtaining marketable title to the small triangle of land is deemed to be an unreasonable burden on the developer and a hardship in making use of the property. 2. The circumstances involving a remnant of a parcel taken for right -of -way are somewhat unique. 3. The hardship results from actions orginally taken by the highway department and not the property owner. 4. There will be no adverse impact on surrounding land or improvements in the neighborhood. 5. The applicant is urged to obtain marketable title to the small triangle of land as soon as possible and to combine it with the larger site for tax purposes. 7 -13 -89 lasso �•; ,y am � �� • „:�• � ' a = °` • -► togas J■ ��',`� -� • Q., ME SEEM �ME M Fms MOMS NESM MW ME _m ONIMS _ MWES ME ME US . . i 1 • ' i , �� ► .alt �� ♦i�1.1 �� ♦i��1 m mm MOMM ME _ �� ■■ - _ - _ __ OEM MOME .. �� IN ■■ tea• _m ■m m! sp MOSE MONE MEMS ez A NO ME1• mm MOSM Prim mm mum mm ME NEEN mm OWES HEMS Ems SO mm NO IS �� ■� //■ � � �� ■ ■ � _"� ■ s C�[ �� , �`'�' i m ■ ' .tom IIIIIIIlvv�!► .r. _ • , �l� 1 111111!■11E3 of /r �� ` �� ■ SO INN SPA EWE 2 r a, mom Ed ME NAME KAPA -x`� • 'fs'a _ IN WIN m m Is 111111i SEA t • SHINGLE CREEK PARKWAY c6 i � MM55 'ti. -��• mr � j M1� �: . �� .. I A �' j I � • � ; .� It. i' �a� 4l - '� i Pi 1 r (,. � i � ��yyh •,y� ii ��Ssli� �p �' �� III (( I� �� Y •�i _ . "4 -- \ � i ii � 1 F �bk� E�� s �o I f j �� a I �. _ 1 .1 � j 1 t I Y �• ; i I r r m arlyd �kI\ Is N � I I m 7 3 rn M to I' t t tt I I I 1 i r i Ir -- I D p 64 .6 ) t r 1 y e N 2 S C 3a m / I o 4 Ir •,. JOHN MARTIN DRIVE -- -� - - - - -' � 1 '- -' - •�� i� hkodidale Square r r, r : Westwood L� F. rt. I t. », r.n..e PLANTING PLAN r ��m �. //...... ��. .,.._..... _ �++r U° «, tw, n -..rte. ❑ � .IGS{,_LlJ�,"!L1__ —_.— �� y t � :1 \ x r.. fi•.' >'(i .: � 1 t:: ,. � y' � I, .. ;. ^3'a x�'� �� .1';t r X , s ,�\ . •�••..- *.;— • ---- ;— v -\ : —_ r PROPOSED PLAT NAME +y • - _ • . B+IOOKOALE SQUARE LND ADDITION LOCATION MAP ..• K'r•+ SU M1T THE ERLTZ C0. T - ... ) APIA SOCIATEf • I - / NORTHWESTERN BELL TELEPHONE ' k T -♦ , t ..'. ,. W.S. WEST) �.- , �--� �• LEGAL DESCRIPTION T _— r � .. T , 1-- 7 - * ti � � !' ¢ >_¢ t . 7• 1 �e rr. � , •••"^• � "w .. : «� ."�" -':. : � I ' �'r'a `� .4� l __ - - -• - •K� ', - }— �?-, -� •+ O , �.. �A.... ...... L _w... r'4 +'.• +r ti' •.�•.1 f•1 N I ;+ .ri,. r'- a $ f ,.+ 1 ..ti`s T,,,y«..'�'-'�••- .�.. ~'..:r.w�. r Erg ',�•• •. N. (�'YO / 1 t - i I • t I i..^� • N';t a t 1 T>, } I , i. I ,, I `r,7'ar ^` r a � { ' C.'". 0 • ° µl„f"' IN "wm 3 . 7 : �!`' a •`Jrc ^�;.c. . -} ; i IS • I ' ;} �; } + 1 s. �. �:".',�.•:�.1�:'^W: .S � .`I _`�. L_ —J /` �� '� ��- ^� ..W Mw� _ .w.`.. tr ��..rrrwr.,�+n� w�w�►�i. E ! r\ o.1111. roweu DEVELOPMENT DATA r Torsi AREA 23.2 ACRES i OWNERS COMMER IK CIAL PARTRM {(OOKOALE OL 1 / IL OUSTAPSON 1' DEVELOPER _ 770 SECOND AVENUE iW7N • MINNEAPOLIS, MH 66407 - -- a - -- SURVEYOR & ENGINEER • ra' 60a aaa I • - WESTWOOD PAMSSIONAL SERVICES. INC. REVISIONS •wrw[wr rte.[... w,...rn 1 ( a,t�,a� •t ` l hik . WBStWDDWestwood :L'."..= .. BROOKDALE SQUARE • ROBERT LARSEN PRELIMINARY PLAT % _ _,, BROOKLYN CENTER, MN. PARTNERS p SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 3030 Harbor Lane • Plymouth, MN 55441 (612) 553 -1144 July 13, 1989 Mr. Sy Knapp City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Project Review SC 89 -9: Commercial Partners /Brookdale Project: Brookdale Square improvements Dear Mr. Knapp: At their meeting of July 13, 1989, the Shingle Creek Watershed Management Commission reviewed the above - referenced project. The City of Brooklyn Center is advised by the Commission that approval of Project Review SC 89 -9 is hereby granted, conditioned upon the applicant meeting the conditions set forth in the attached engineer's report and recommendations. Should you have any questions, please feel free to contact Bill Weidenbacher or myself at 473 -4224. Sincerely, JAMES M. MONTGOMERY, CONSULTING ENGINEERS Engineers for the Commission C Dale Claridge, P.E. bt cc: Judie Anderson, SCWMC SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 7/13/89 PROJECT R EVIEW S m C R V C 89 -9: Co Partners/Brookdale Owner Commercial Partners /Brookdale 730 Second Avenue, Suite 415 Minneapolis, Minnesota 55402 Project Construction of 38,000 sq. ft. of additional retail building space plus modifications to the northwest entrance and storm sewer improve - m nt e s to the existing Brookdale Square Shopping in Center, a 23 -acre site. Location Brookdale Square is located in the northeast quadrant of the inter- section of Co. Rd. 10 and Shingle Creek Parkway, Brooklyn Center. Exhibits 1. Project Review Application submitted by Sy Knapp, City of Brooklyn Center, dated 6/27/89. 2. Drainage Calculations, prepared by Westwood Professional Services, Inc., dated 6/15/89. 3. Preliminary Plat and Existing Conditions Plan, both prepared by Westwood Professional Services, Inc., dated 6/23/89. 4. Grading, Erosion Control, and Utility Plan and Details Sheet, both prepared by Westwood Professional Services, Inc., dated 6/26/89. Findings 1. The site is located within Shingle Creek Subwatershed LSC5 which drains directly to Shingle Creek. Shingle Creek is located immediately west of Shingle Creek Parkway. 2. This project falls under the Commission's review criteria for redevelopment of existing lands 5 acres or larger for lands zoned other than single family. The Commission passed a motion at the June 8, 1989 meeting stating that this project be reviewed with the understanding than an effort shall be made to meet the Management Standards for Stormwater Treatment based on practi- cality and feasibility. 3. The owner proposes constructing a 25,000 sq. ft. addition to the east side of the existing retail building and a 13,000 sq. ft. addition to the north side. Both proposed additions will replace existing parking areas. The proposed storm sewer improvements consist of relocating the existing storm sewer system in the vicinity of the additions to accommodate the proposed building construction. Two proposed skimming structures will retain oils and floatables from stormwater runoff collected from impervious areas of 2.2 and 1.4 acres. 4. The northwest entrance to Brookdale Square from Shingle Creek Parkway will be slightly modified as part of this project. Three existing catch basins in this area will be replaced with manhole castings and a skimmer structure is proposed to retain oils and floatables from a 0.4 -acre drainage area. t PROJECT REVIEW SC 89 -9: Commercial Partners /Brookdale (continued) 5. Silt fence and diversionary dike as shown on the detail sheet are to be placed as directed by the engineer to provide temporary erosion and sediment control. Recommendations The project has been reviewed for conformance with the Management Standards of the Shingle Creek Watershed Management Commission and is recommended for approval by the City of Brooklyn Center with the addition of the following conditions. 1. Roof drainage from the proposed building additions shall be directed to the parking lot areas where treatment will be provided by the proposed skimming structures. 2. Responsibility for maintenance of the skimmers shall be assigned to the fee owner or assumed by the City. 3. The owner's engineer and Commission's engineer shall con - tinue to work together in an effort to improve the design of the proposed skimming structures. Upon completion, the revised design shall be submitted to the Commission's Engineer for final review. James M. Montgomery, Consulting Engineers, Inc. Engineers for the Commission "S? 7/13/89 William D. eiden acher, P.E. Date COMMISSION ACTION 7/13/89 Approval of the above recommendations. SC7.6 /SC89 -9a CITY OF BROOKLYN CENTER Council Meeting Date 7/24/89 Agenda Item Number /Db L REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: BROOKDALE SQUARE 2ND ADDITION - APPROVAL OF PLAT, WITH CONDITIONS DEPT. APPROVAL: * * * * * * * * * * * **NIAPP .'[Dl RE** OR OF PUBLIC WORKS * * ** * ** * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below/attached- SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation • Commercial Partners /Brookdale, Deil 0. Gustafson, and Brooklyn Plaza Corporation seek approval of the final plat of Lot 1 Block 1 Brookdale PP P � , Square q 2nd Addition. Previous Council Action The Planning Commission on July 13, 1989, approved the preliminary plat, subject to the conditions outlined on the attached J c d memorandum. The Council has not before its meeting today considered the preliminary plat nor had the opportunity to adopt any further conditions for approval of the final plat. Staff Recommendation This plat is recommended for approval, subject to the following conditions: • approval of the variance excluding the 1,200 sq. ft. triangle of land adjacent to John Martin Drive; • any other conditions which the Council might adopt in its approval of the preliminary plat which have not yet been met. CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY- POLICE - FIRE C ENTER 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: July 24, 1989 RE: Final Plat - Brookdale Square 2nd Addition Conditions adopted for the preliminary plat by the Planning Commission at its July 13 meeting are as follows: 1. The final lat is subject to review and approval P � n pprov 1 by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Exclusion of the 1,200 sq. ft. triangle of land adjacent to John Martin Drive from the plat is subject to approval of variance application No. 89019. Conditions 1 and 2 have been met. Condition 3 has not yet received Council approval. Accordingly, I recommend approval of this final plat, subject to that condition. Respectfully submitted, Sy Knapp Director of Public Works cc: Brookdale Square 2nd Addition �7 1961 U1AM[R1CA Ql'f CITY OF BROOKLYN CENTER FINAL PLAT /RLS APPROVAL APPLICATION Please Print Clearly or Tvpe Name of Proposed Plat /RLS Brookdale Square 2nd Addition Street Address of Property 5900 Shingle Creek Parkway Legal Description of Property (attached additional sheets, if necessary) See Attached Plan Owner Name See Attached Plan Phone No Address Owner's Representative The Robert Larsen Partners Phone No 371 -0424 Address 730 Second Avenue South, Suite 415, Minneapolis, MN 55402 (DO NOT WRITE BELOW THIS LINE) -------------------------- WATERSHED COMMISSION APPROVAL Shingle Creek Watershed West Mississippi Watershed Watershed Approval Date - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PRELIMINARY PLAT /RLS APPROVAL Planning Commission Application No. 89018 Approval Date 7 - 13 - 89 Planning Commission Recommendation: Approval with conditions City Council Action , City Council Approval Date - - - - - - • - - - - - - - - - - - - - - - - - - - - - - ♦ - - - - - CITY COUNCIL ACTION ON FINAL PLAT /RLS APPLICATION SUBMITTED 7-18-89 RECEIVED BY Diane Spector (Date) RESUBMITTED RECEIVED BY (Date) Dates of Council Consideration: 7 -24 -89 Approved Denied this day of 19�, with the following conditions: FORMS: Platapp.p C p CITY OF BROOKLYN CENTER Council Meeting Date 7/24/89 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: BROOKDALE SQUARE 2ND ADDITON - SUBDIVISION AGREEMENT *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAFiJK. DIRECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation The attached Subdivision Agreement between Commercial Partners /Brookdale, Deil 0. Gustafson, and Brooklyn Plaza Corporation and the City of Brooklyn Center specifies: • that the Petition and Waiver Agreement providing for certain improvements to be made by the City (City projects 88 -24, 89 -18, and 88 -19), with special assessments to be levied against the owner of Lot 1, Block 2, Brookdale Square applies to all portions of the new Subdivision, and that the special assessments resulting from those improvements shall be levied against all portions of the new Subdivision; • the reapplication of the unpaid portions of previous special assessments levied against the two parcels to be combined; • that upon any future sale of this property advance payment of all unpaid special assessments shall be made, unless the Council approves assumption of the spcial assessments by the purchaser at the time of the sale; • the other responsibilities of the Owner: that the 1,200 sq. ft. triangular area excluded from the plat by variance shall be combined for tax purposes with the plat when clear title has been established; installation of survey monumentation; execution of a utility maintenance and inspection agreement; a performance guarantee; and payment of SAC charges. Staff Recommendation • I recommend approval of this subdivision agreement. r SUBDIVISION AGREEMENT THIS AGREEMENT, Made and entered into the day and year set forth hereinafter, by and between Commercial Partners /Brookdale, a Minnesota General Partnership, Deil 0. Gustafson, an unmarried person, and Brooklyn Plaza Corporation, a Minnesota Corporation, hereinafter called the "Owner ", and the City of Brooklyn Center, a municipal corporation in the State of.Minnesota, hereinafter called the "City ", WITNESSETH: WHEREAS, the Owner of Lot 1, Block 2, Brookdale Square and Tract Q, RLS 1325, which is located in Section 2, Township 118, Range 21, in the City of Brooklyn Center, Hennepin County, State of Minnesota, wishes to resubdivide the property as part of a new plat, hereinafter called the "Subdivision "; and WHEREAS, Section 15 -109 of the Brooklyn Center City Ordinances requires the Owner to enter into agreement with the City to provide for the construction of improvements required to provide service to the Subdivision, and to provide for a method of payment for such improvements: NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DIVISION 1 - APPLICATION OF THIS AGREEMENT 1.1 That the provisions of this agreement shall apply to all portions of the Subdivision. All references to portions or tracts within the Subdivision shall be deemed to apply to all portions or tracts of the Subdivision, unless the context in which such reference is used clearly indicates it applies to only specified portions or tracts. 1.2 The provisions of this agreement shall run with the land and shall bind the Owner, its heirs, executors, and assigns. r ' DIVISION 2 - IMPROVEMENTS TO BE MADE BY CITY, WITH SPECIAL ASSESSMENTS TO BE LEVIED AGAINST SUBDIVSIION 2.1 That Commercial Partners /Brookdale and the City have entered into a Petition and Waiver Agreement, attached hereto as Exhibit A, which provides for certain improvements to be made by the City, with special assessments to be levied against the Owner of the property described as Lot 1, Block 2, Brookdale Square. 2.2 That this Petition and Waiver Agreement provides that upon platting or replatting of the property described as Lot 1, Block 2, Brookdale Square the special assessments or any unpaid installments thereof shall be levied against the entire tract of any lot, piece, or parcel of land of which it is made a part. 2.3 That the City will construct those improvements itemized in the Petition and Waiver Agreement and will levy special assessments against all portions or tracts of the Subdivision. All provisions of the Petition and Waiver Agreement shall apply to all portions of the Subdivision. DIVISION 3 - UNPAID CURRENT ASSESSMENTS 3.1 That Exhibit B, attached hereto, summarizes the unpaid portions of current special assessments which have been levied against the Subdivision for improvement projects previously completed by the City. That the Owner hereby acknowledges the benefits received from these projects. That these assessments will be apportioned to the various tracts of the Subdivision as summarized in the attached Exhibit B. DIVISION 4 - ADVANCE PAYMENT OF SPECIAL ASSESSMENT 4.1 That advance payment of all special assessments on the Owner's property shall be made at the time the Owner sells said property, unless the City Council approves assumption of the special assessments by the purchaser at the time of sale. r i 4.2 That upon such sale of said property, the Owner shall pay to the City CASH, in an amount equal to one and one -half times (1 -1/2 x) the estimated total of all assessments for said property if the assessment roll has not been adopted by the City Council. 4.3 That in the event the payment made in advance of the adoption of the assessment roll is greater than the actual assessment levied, the City will return such excess to the Owner within 30 days after the adoption of the assessment roll. 4.4 That in the event the payment made in advance of the adoption of the assessment roll is less than the actual assessment levied, the Owner shall make payment in the amount of the difference within 30 days after the adoption of the assessment roll. DIVISION 5 - OTHER RESPONSIBILITIES OF THE OWNER 5.1 That the 1,200 sq. ft. triangular area excluded by variance from the plat, as approved by the City Council on July 24, 1989 through Planning Commission Application No. 89019, shall be combined for tax purposes with the plat when clear title has been established. 5.2 The Owner shall, as part of the Master Development Plan of the Subdivision, provide a restrictive covenant requiring the installation of proof -of- parking stalls upon a determination by the City that such stalls are needed for the proper functioning of the site. 5.3 That said restrictive covenant required in paragraph 5.2 above shall be filed with the Registrar of Titles, Hennepin County, Minnesota, prior to the issuance of building permits for the development of the Subdivision. 5.4 That the Owner shall provide for installation of survey monuments as comprehended under Chapter 15 of the Brooklyn Center City Ordinances. Said monumentation shall consist of installation of cast iron monuments at all block corners and cast iron or steel pipes or rods at all interior lot corners, points of deflection of block lines, and points of deflection of lot lines. The Owner shall provide a financial guarantee in the amount of $2,500.00 to guarantee said monumentation shall be installed within 30 days of approval of the final Registered Land Survey by the Brooklyn Center City Council. Said financial guarantee shall b g e J rovided in conjunction with those improvements considered P necessary under paragraph 5.6. 5.5 That, upon installation of lateral water mains and /or lateral sanitary sewer mains within the Subdivision, the Owner shall provide an as- built survey, accurately depicting the location of said utilities. In addition, the Owner shall execute a Water and Sewer Main and Fire Hydrant Maintenance and Inspection Agreement, included herewith as Exhibit C, for all utility installations, both existing and proposed. 5.6 That the Owner will also be required to enter into a financial performance agreement included herewith as Exhibit D, and provide a financial performance guarantee to assure that all other on -site improvements within the Subdivision will be constructed, developed, and maintained in conformance with the plans, specifications, and standards as required by the City's zoning and platting ordinances, and as approved by the City Council on July 24, 1989, through Planning Commission Application No. 89017. That the Owner, in executing said financial performance agreement, acknowledges the conditions under which said guarantee has been provided and will be released. 5.7 That the Owner will be required to pay SAC charges as determined by the Metropolitan Waste Control Commission. r r DIVISION 6 - MISCELLANEOUS PROVISIONS 6.1 That, in the event the Owner violates any of the provisions of the agreement after expenditure by the City for the doing of any part of all of the work described in Exhibit A, the City is hereby granted the right and privilege to declare such amounts expended to be due and payable as liquidated damages in full, and the City may immediately bring legal action against the Owner to collect such sums; and shall have a lien against the Subdivision for the entire amount then due. 6.2 That the Owner a agrees to to the Ci reasonable l g p ay Y engineering, and administrative fees, to be fixed by the court, in the event that suit or action is brought to enforce the terms of this agreement. 6.3 That the following exhibits, attached hereto, are made a part hereof by this reference: Exhibit E - p ropo sed relim" roar plat P.C. Application No. 89018 preliminary P � PP ) Exhibit F - proposed site plan of P.C. Application No. 89017 6.4 That, in the event of presently unforeseen circumstances brought about by causes beyond the control of the Owner or the City, which makes the development of the Subdivision impractical or impossible prior to the expenditure of any monies by the City for the improvements listed in Division 2, this agreement may be voided. Majority vote of the City Council shall be required for recognition that such unforeseen circumstances in fact exist, such action to void this agreement shall not be taken if, in the judgement of the Council, irreparable damage to the City and the public interest would result from such action. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of 19 r GRANTOR: COMMERCIAL PARTNERS /BROOKDALE By: Its STATE OF COUNTY OF On this day of 19 before me, a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn he did say that he is the of the corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its and said acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires I GRANTOR: DEIL 0. GUSTAFSON By: STATE OF COUNTY OF On this day of 19 me, a Notary Public within and for said County, personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public My commission expires w GRANTOR: BROOKLYN PLAZA CORPORATION By: Its STATE OF COUNTY OF On this day of 19 before me, a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn he did say that he is the of the corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its and said acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires GRANTEE: CITY OF BROOKLYN CENTER BY Its Mayor BY Its City Manager WITNESSED: STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this day of before me a Notary Public within and for said County, personnaly appeared and to me personally known who, being by me duly sworn they did say that they are respectively the Mayor and City Manager of the City of Brooklyn Center, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed in behalf of the City of Brooklyn Center by the authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of the City of Brooklyn Center. Notary Public My commission expires PETITION AND WAIVER AGREEMENT THIS AGREEMENT made this day of �- 1989, by and between the City of Brooklyn Center, a Minna corporation (hereinafter referred to as the "City "), an( Part ners/Brookdale, a Minnesota artnershi P p (hereinafter referred to as the "Owner "); WITNESSETH: WHEREAS, The Owner is the owner of certain real property in the City of Brooklyn Center, legally described in Attachment One, attached hereto and hereby made apart hereof (hereinafter referred to as the "Subject Property "); and WHEREAS, Owner previously platted the Subject Property and in connection therewith, entered into a development agreement entitled DECLARATION OF COVENANTS, and CONSTRUCTION AGREEMENT FOR A TRAFFIC CONTROL SIGNAL dated December 10, 1980 (hereinafter referred to as the "Declaration "); and WHEREAS, the Declaration obligated Owner to construct or finance the construction of a Traffic Control Signal, as defined in the Declaration, upon the determination of a need therefor by the City Council of the City; and WHEREAS, the City Council has determined the need for the construction of the Traffic Control Signal and has also determined the need for certain geometric improvements to the roadway in the vicinity of the Subject Property, the relocation of the entrance to the Subject Property, and the resulting reconfiguration of a part of the driveway and parking area on the Subject Property (all of which are collectively referred to hereinafter as the "Improvement Project ") which is depicted on Attachment Two, which is hereby made a part hereof, and the City has duly notified Owner of such determination; and WHEREAS, the Improvement Project includes three city projects designated city project number 1988 -24 (the traffic control signal system), city project number 1989 -18 (the geometric improvements on Shingle Creek Parkway, including that part of the relocation of the entrance to the Subject Property lying within the public right -of -way), and city project number 1989 -19 (on site improvements to Brookdale Square, including reconfiguration of the parking area on the Subject Property and that part of the relocation of the entrance to the Subject Property lying outside of the public right -of -way); and WHEREAS, the Owner wishes for the City to construct the Improvement Project without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy 100% of the cost of the Owners Improvements, as hereinafter defined, against the Subject Property; and WHEREAS, the City is willing to construct the Improvement Project in accordance with the request by the Owner and without such notices or hearings, provided the assurances and covenants hereinafter stated are made by Owner to ensure that the City will have valid and collectable special assessments to finance the cost of that part of the Improvement Project which is comprised of the Owners Improvements. WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project without such notices and hearings and is doing so solely at the behest, and for the benefit, of the Owner; 2 I NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND THE MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER PROVIDED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Owner hereby petitions the City for construction of the Improvement Project consisting generally of the design and construction of a traffic control semaphore to regulate ingress and egress of vehicular and pedestrian traffic to the Subject Property from Shingle Creek Parkway, certain geometric improvements to the roadway in the vicinity of the Subject Property, the relocation of the entrance to the Subject Property and the resulting reconfiguration of a part of the driveway and parking area on the Subject Property, all of which are comprised of city projects 1988 -24, 1989 -18 and 1989 -19. 2. Owner represents and warrants that it is the Owner of 100% of the Subject Property; that it has full legal power and authority to encumber the Subject Property as herein provided; and that as of the date hereof, owns fee simple absolute title in the Subject Property, which is not subject to any liens, interest, or encumbrances, except as listed on Attachment Three, attached hereto and hereby made a part hereof. 3. Owner requests that 100% of the cost of the Owners Improvements be assessed against the Subject Property. Owner understands and agrees that the cost of the Owners Improvements will be determined in accordance with Minn Stat Chapter 429 and standard city practices and that such cost may be as much as Three Hundred Thousand Dollars ($300,000). Special assessments shall be spread in accordance with standard city assessment practices and policies, against the Subject Property exclusive of public right -of -way or land dedicated to the public at the present time or upon future subdivision of the Subject Property. Owners Improvements include city project numbers 1988 -24 and 1989 -19. The costs to be j assessed against the Subject Property include actual costs of constructing Owner's Subject Y g Improvements together with P g t an additional nine percent (9 %) to cover engineering costs, one percent (1 %) to cover administrative costs, one percent (1 %) to cover legal costs, and capitalized interest on the actual costs of construction from the date of payment to the city's contractor to the date of the levy of special assessments at the rate of twelve percent (12 %) per annum. Estimated costs of the city projects comprising the Improvement Project are shown on Attachment Four, which is hereby made a part thereof. Costs shown on Attachment Four are estimates attached for informational purposes only and shall not be deemed to limit the authority of the City to levy special assessments otherwise conferred herein. 4. Owner waives notices of hearing and hearing pursuant to Minnesota Statutes Section 429.031, on the Improvement Project and notice of hearing and hearing on the special assessments levied to finance the Owners Improvements pursuant to Minn Stat Section 429.061 and specifically request that the Improvement Project be constructed and special assessments for the Owner's Improvements be levied therefor without hearing. 5. Owner waives the right to appeal the levy of special assessments in accordance with this Agreement pursuant to Minn Stat Section 429.081, or reapportionment thereof upon land division pursuant to Minn Stat Section 3 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments or reapportionment that: a. Any requirements of Minn Stat Chapter 429 with which the City does not comply are hereby aived b O Y y caner. b. The increase in fair market value to the Subject Property resulting from construction of the Improvement Project will be in an amount of at least the amount of the total potential project costs specified in paragraph 3, above, and that such increase in fair market value is a special benefit to the Subject Property. C. Assessment of 100% of the costs of the Owners Improvements against the Subject Property is reasonable, fair and equitable and there are not other properties against which such costs should be assessed. d. Owner further specifically waives notice and right to appeal reapportionment of such special assessments upon land division pursuant to Minn Stat Section 429.017, Subd. 3. e. Upon platting or replatting of the Subject Property, the special assessments provided for herein or any unpaid installments thereof shall be levied against the entire tract of any lot, piece or parcel of land of which the Subject Property is made a part. 6. Owner understands and agrees that the City will provide for the payment of such special assessments in installments spread over a period of fifteen (15) years, bearing interest at a rate determined by the City Council, all in accordance with standard city special assessment practices and policies. 7. Owner hereby grants to the City a temporary construction easement over the Subject Property for construction of the Improvement Project, said temporary construction easement to expire on December 31, 1990. 8. The Covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the land legally described in Attachment One and bind all successors in interest thereof. It is the intent and agreement of the parties hereto that this Agreement be in a form which is recordable in the office of the County Recorder of Hennepin County, Minnesota and agree to make any changes in this Agreement to effect the recording and filing of this Agreement against the title of the Subject Property. 9. The Declaration of Covenants and Construction Agreement for a traffic signal dated December 10, 1980 recorded with the Hennepin County Recorder as Document No. 4616570 and as Document No. 4631214 are hereby terminated and replaced by the petition and waiver agreement. 10. This Agreement shall terminate upon the final payment of all special assessments against the Subject Property levied pursuant to this Agreement for the Improvement Project, and the City shall execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. 4 Dated: CITY OF BROOKLYN CENTER By Its Mayor By Its City Manager COMMERCIAL PARTNERS /BROOKDALE By Its General Partner BR291 -010 5 . STATE OF MINNESOTA ) COUNTY OF HENNEPIN) ss The foregoing instrument was acknowledged before me this day of 198_, by Dean Nyquist and Gerald Splinter, the Mayor and City Manager, respectively, of the City of Brooklyn Center, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN) ss The foregoing instrument was acknowledged before me this day of 198_, by and , respectively, the and of Commercial Partners /Brookdale, a Minnesota partnership, on behalf of said partnership. Notary Public ATTACHMENT ONE Lot 1, Block 2, Brookdale Square, except the easterly 33 feet thereof according to the plat on file in the office of the Hennepin County Recorder. 1... ATTACHMENT TWO CR PAR T PflOJECT E _ E �= "�' �� • '�� P RIGHT -OF -WAY : • / BROOKDALE SQUARE ATTACHMENT FOUR ESTIMATED COST OF BROOKDALE SQUARE IMPROVEMENTS Project Project 1989 -18 1989 -19 Project Geometric On 1988 -24 Improvements Improvements Traffic Control On Shingle Brookdale Cost Item Signal System Creek Parkway Square Entrance Total Construction, Including $ 115,625 $ 53,336 $ 121,168 $290,129 Contingency Engineering (9%) $ 10,407 $ 4,802 $ 10,903 $ 26,112 Administration (1%) $ 1,156 $ 533 $ 1,212 $ 2,901 Legal (1%) $ 1,156 $ 533 $_ 1,212 $ 2,901 Capitalized Interest $ 13,876 $ - 0- $ 14,540 28,416 (12%) ESTIMATED TOTAL $ 142,220 $ 59,204 $ 149,035 $350,459 COST Funding Source Special Assessments $ 142,220 $ -0- $ 149,035 $291,255 City Funds $ -0- $ 59,204 $ - 0- 59,204 ESTIMATED TOTAL $ 142,220 $ 59,204 $ 149,035 $350,459 EXHIBIT B UNPAID CURRENT ASSESSMENTS Following is a summary of the unpaid portions of current assessments to the parcels included in this agreement. ------------------------------------------------------------------------------ 1989 PAYMENTS: (principle and interest certified to Hennepin County for collection with 1989 taxes) Lot 1, Block 1, Brookdale Square $16,911.34 Registered Land Survey No. 13259 Tract Q $2,110.76 -------- - - - - -- Total = $19,022.10 ------------------------------------------------------------------------------ REMAINING PAYMENTS: The total of unpaid active assessments on the two parcels to be combined, after applying 1989 payments, is $71,865.70. This amount will be reassessed to the Subdivision as follows: Lot 1, Block 1, Brookdale Square 2nd Addition= $71,865.70 ------------------------------------------------------------------------------ SUMMARY OF SPECIAL ASSESSMENTS: Unpaid Balance Property Assessment After 1989 Description S. A. # Description Total Tax Payment --------------------- - - - - -- -------------- - - - - -- -------- - - - - -- -------- - - - - -- RLS #1325 Tract Q 06196A Grad /Base /Surf 75A -1 $496.49 $33.09 08374A Street 81B $14,944.98 $7,970.67 -------- - - - - -- -------- - - - - -- Total Active $15,441.47 $8,003.76 Lot 1, Block 1 08191A P U Water Hookups $32,918.16 $15,361.84 Brookdale Square 08374A Street 81B $90,937.74 $48,500.10 * *017P Traffic Signal 84A -P $161,000.00 $161,000.00 -------- - - - - -- -------- - - - - -- Total Active $123,855.90 $63,861.94 Total Pending $161,000.00 $161,000.00 Total Unpaid Active Assessments = $71,865.70 --------------------- - - - - -- -------------- - - - - -- -------- - - - - -- -------- - - - - -- EXHIBIT C . AGREEMENT FOR MAINTENANCE AND INSPECTION OF UTILITY AND STORM DRAINAGE SYSTEMS THIS AGREEMENT is entered into this day of , between the City of Brooklyn Center, a municipal corporation under the laws of Minnesota, hereinafter referred to as the CITY, and Commercial Partners/ Brookdale, a Minnesota General Partnership, Deil 0. Gustafson, an unmarried person and Brooklyn Plaza Corporation, a Minnesota Corporation, their heirs and assigns, hereinafter referred to as the OWNER. It is intended that the term OWNER shall apply to subsequent or part owners. WHEREAS, the OWNER holds title to certain property within the City of Brooklyn Center, County of Hennepin, State of Minnesota, described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the above described property is served by a water system which may include but not be limited to lateral mains, valves, fire hydrants and other appurtenant facilities; some or all of which system is constructed upon said property described above; and WHEREAS, the OWNER is responsible for the inspection, maintenance, repair and proper operation of said water system; and WHEREAS, failure to inspect, maintain, repair or properly operate said water system could result in loss of water, contamination or damage to this or other CITY systems or to other private properties; and WHEREAS, the above described property is served by a sanitary sewer system which may include but not be limited to lateral mains, manholes, cleanouts and other appurtenant facilities; some or all of which system is constructed upon said private property described above; and 1 WHEREAS, the OWNER is responsible for the inspection, maintenance, repair and proper operation of said sanitary sewer system; and WHEREAS, failure to inspect, maintain, repair or properly operate said sanitary sewer system could result in infiltration, flooding, pollution or damage to this or other g CITY systems, or to other private properties; and WHEREAS, the above described property is served by a storm drainage system which may include but not be limited to storm sewer mains, storm water skimmers, and other appurtenant facilities; some or all of which system is constructed upon said private property; and WHEREAS, the OWNER is responsible for the inspection, maintenance, repair and proper operation of said storm drainage system in compliance with the standards established by the Shingle Creek Watershed Management Commission and with CITY standards; and WHEREAS, failure to inspect, maintain, repair or properly operate said storm drainage system in accordance g y e with said standards could result in flooding, pollution or damage to this or other City systems, or to other private properties; and WHEREAS, it is necessary that the CITY have control over and access to any utility and storm drain system specified above for purposes of inspection, maintenance, repair and proper operation. THEREFORE, IT IS AGREED between the parties hereto: 1. The CITY shall have access to each of the above - described systems, shown in Exhibit B, for the purpose of inspection, maintenance, repair and proper operation whenever the Director of Public Works, in the exercise of reasonable discretion, shall determine that such access is necessary. 2 2. Whenever inspection, maintenance, repair or proper operation is necessary, the CITY may, upon request of the OWNER, or on its own volition after reasonable (under the circumstances) notice to the OWNER, perform such work as is necessary, and the OWNER shall reimburse the CITY for the cost of labor, materials and equipment used in the work, plus a fixed charge of forty percent (40 %) of said costs as reimbursement for the proportionate cost of insurance, PERA contributions, vacations, sick leave, clerical, and other miscellaneous costs. 3. The OWNER agrees to indemnify and hold the CITY harmless from any claim for damages or other relief arising out of or in connection with any work done by the CITY on any of the above - described systems, unless arising out of the negligence or wrongful act of i the CITY or its agents. 4. Notwithstanding anything in this Agreement to the contrary, this Agreement shall only be applicable to those lines, pipes and other parts of the water system, sanitary sewer system and storm drainage system described in this Agreement and shown on Exhibit B that are located solely on the property owned by the OWNER and legally described on the attached Exhibit A and that are used solely and exclusively by the OWNER. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of 19 3 GRANTOR: COMMERCIAL PARTNERS /BROOKDALE By: Its STATE OF COUNTY OF On this day of 19 before me, a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn he did say that he is the of the corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its and said acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires S 4 GRANTOR: DEIL 0. GUSTAFSON By: STATE OF COUNTY OF On this day of 19 me, a Notary Public within and for said County, personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public My commission expires 5 GRANTOR: BROOKLYN PLAZA CORPORATION By: Its STATE OF COUNTY OF On this day of 19_, before me, a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn he did say that he is the of the corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its and said acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires 6 GRANTEE: CITY OF BROOKLYN CENTER BY Its Mayor BY Its City Manager WITNESSED: STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this day of before me a Notary Public within and for said County, personnaly appeared and , to me personally known who, being by me duly sworn they did say that they are respectively the Mayor and City Manager of the City of Brooklyn Center, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed in behalf of the City of Brooklyn Center by the authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of the City of Brooklyn Center. Notary Public M commission expires My P 7 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 1, Block 2, Brookdale Square and Tract "Q ", Registered Land Survey 1325, Hennepin County, Minnesota. Exhibit B Proposed Site Plan 11 IN LEDEND: +•r.. fit` / ": Y.. n . «r ' __ —.a / I / —.- t— i-••-- ..�ia`_ee�wler.wM.ail+nYr+t.w � t t, �- -�� naivae ararrR fda '� r —•.�� nene[IS floc f[w�1 ' / 1 �-- -_�. —. ~ —�-.� �� —1 �I.�IpWnrartMR.YYR WN T � M•Nf.M Mf.N..l..11KaIY [.![!.[a / P OIA "va MLAfy — . - N• r a aNY r mm 6r01YUM 1 � I • U.A. MAT" Westwood ... BROOKOALE SQUARE ROBERT • •• I Westwood "�"' ra"�ry LAi1SEN SITE PLAN .... �..a[ tea. w.... ""W" I uMTU4 -w "TA PARTNERS Exhibit D DEPART#,ENT OF PLANNING,AND INSPECTION CITY OF BROOKLYN! - CENTER PERFORMANCE AGREEMEN File No. This Agreement is entered into by hereinafter called the Developer and the City of Brooklyn Center, a Municipal Corporation, under the laws of the State of Minnesota, hereafter called the City. THE WORK The Developer has received approval of its Development Plans by the City Council of the City (pursuant to City Ordinances), subject to the execution of this Performance Agreement, pursuant to the City Council approval of and in accordance with said Development Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Development Plans, in the aforesaid Approval, and as hereinafter set forth, upon the real estate described as follows: The Work shall consist of the improvements described in the Development Plans, in the aforesaid Approval (to include any approved subsequent amendments) and shall be in compliance with all applicable Statutes, Codes and Ordinances of the City. COMPLETION DATE The undersigned Developer agrees that the said Work shall be completed in its entirety on or before the day of 19 , and no extension of time shall be valid un- less the same shall be approved in writing by the City Manager. Said extension of time shall be valid whether approved by the City Manager before or after the completion date and failure of the City to extend the time for completion or to exercise other remedies hereunder shall in no way work a forfeiture of the City's rights hereunder, nor shall any extension of time actually granted by the City Manager work any forfeiture of the City's rights hereunder. It . shall be the duty of the Developer to notify the City of completion of the Work at least 10 days prior to the Completion Date and to call for final inspection by employees of the City. MAINTENANC The Performance Agreement, in its entirety, shall remain in full force and effect for a period of one year after actual completion of the Work to determine that the useful life of all Work performed hereunder meets the average standard for the particular industry, profession, or material used in the performance of the work. Any work not meeting such standard shall not be deemed complete hereunder. Notice of the date of Actual Completion shall be given to the Developer by the Director of Planning and Inspection of the City. FINANCIAL GUARANTEE The Developer agrees to furnish the City with a Financial Guarantee in the form of a cash escrow, a bond issued by an approved corporate surety licensed to do business in the State of Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved by the City Managerof the City, in the amount of $ Such Financial Guarantee shall continue in full force and effect until the City Council shall have by motion approved and accepted all of the Work undertaken to be done, and shall thereby have released the Surety and /or Developer from any further liability; provided however, that the City Council may by motion reduce the amount of the Financial Guarantee upon partial completion of the work, as certified by the City Manager. Such Financial Guarantee shall be conditioned upon the full and faithful performance of all elements of this Agreement and upon compliance with all applicable Statutes, Codes, and Ordinances of the City, and shall further be subject to the following provisions which shall be deemed to be incorporated in such Financial Guarantee and made a part thereof. NOTICE The City shall be required to give prior notice to the corporate surety and the Developer of any default hereunder before proceeding to enforce such Financial Guarantee or before the City undertakes any work for which the City will be reimbursed through the Financial Guarantee. Within 10 days after such notice to it, the surety shall notify the City in writing of its in- tention to enforce any rights it might have under this Performance Agreement or any Performance Bond by stating in writing the manner in which the default will be cured and the time within which such default will be cured, said time not to exceed 60 days unless approved by the City. (over please) REMEDIES FOR BREACH At any time after the Completion date and any extensions thereof, or during the Maintenanc Period, if any of the work is deemed incomplete, the City Council may proceed in any one or mor of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City in connection therewith, including but not limited to engineering, legal, Manning and litigation expenses, but the enumeration of the remedies here- under shall be in addition to any other remedies available to the City. 1) C ompletion by the City The City, after notice, may proceed to have the Work done either by contract, by day labor, or by regular City forces, and neither the Developer nor the Corporate Surety may question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such Work the Surety and /or the Developer shall promptly pay the City the full cost thereof as aforesaid. In the event that the Financial Guarantee is in the form of a Performance Bond, it shall be no defense by the Surety that the City has not first made demand upon the Developer, nor pursued its rights against the Developer. 2) Specific Performance. The City may in writing direct the Surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Sure and/or nd /or the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed in an action for Specific Performance to require such work to be undertaken. 3) Deposit of Finacial Guarantee In the event that the Financial Guarantee has been submitted in the form of a Performance Bond, the City may demand that the Surety deposit with the City a sum equal to the estimated cost of completing the work, plus the City's estimated overhead expenses as defined herein, in- cluding any other costs and damages for which the Surety may be liable hereunder, but not exceeding the amount set forth on the face of the Performance Bond, which money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinbefore specified, and the balance shall be returned to the Surety. This money shall be deposited with the City within 10 days after written demand therefor, and if the Surety fails to make the required deposit within 10 days, the City shall have the right to proceed against the Surety with whatever legal action is required to obtain the deposit of such sum. ?) Funds on Deposit In the event that the Financial Guarantee is in the form of cash, certified check, or other arrangement making the Financial Guarantee im- mediately accessible to the City, the City may, after notice to the Developer, deposit the Financial Guarantee in its General Account. The City may then pro- ceed to complete the Work, reimburse itself for the cost of completion as de- fined hereunder, and return the balance to the Developer. PROCEDURES A copy of this Performance Agreement shall be attached to the Corporate Surety Bond, if any, and reference to this Performance erformance Agreement shall be made in any such bond, but no corporate surety shall assert as a defense to performance hereunder, any lack of reference in the bond to this Performance Agreement. The original and two copies of this Agreement, properly executed, together with the appropriate Financial Guarantee shall be submitted to the City. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement this day of 19 Witness Witness Subscribed and sworn to before we this day of 19 Zoning Official P/I Form No. 23 Rev. 6 -77 os o� 3F d ry cl lk z � ti Li O O Q w Z °- O H II °R� s M .mom i.1 rea ,,: is •.,, 94700 At r. . � € � Y • e r...! !. n .... N °or(9r w Nn � or .' r LL1 ro . r It -- Lu d f.... e ti / r:rr .. 'i ,. •e n..� ,..., .....' I 7. ►a.ro.o0 N 1 c \ p I w tl f p �. �- rri♦ 00040 } 0 S.- f 'IrM 16006 LLJ A1 .HO.ION i } 1 .. Y d eS 1 1 d t 1 1 t ,< 1 b 0 " I � 1 x I 1 , I 1 ni c c ycsr.y a r_ _ ----------- ` '!�. �'�r,,,' •Y•eY• •l M �r N, S 7.10,10.00 N N rw nr. S • Exhibit F Proposed Site Plan LEGEND CMLtMV4 PAL" --•1� . �awa�o +.ael..ul.lai.orwns'.tsi,. 1 � • � — t —� tttatotm )tnrtllr ttwa �n1 w— i•.••• —� tnarattn )taw xraw .. I I f � � —� —rte_\ Ma.N).q trv.•Nl» -- ` �— •J1a.:tt ta)L= tIC. = _ / I —_ a - -_— -- a V� � tC. .:.. tY O• r � �• i .l � OtIIM1M '7j _ 1 :II w . t . Natl O \�I�-- [— )oeMr - 4_� L � I -�_ —.— �_ r t .• g)• Ipu�a ro t>.mw / ? r4 t[IR. MOI p1M .• 1 J` � YYTwI ttlVIC[ // fr R >t)ot w • otwtl � •pp� 1 r • w• w � e.n\. �. wwlM otlw I � - - � . . �j Zj, YAKX N to�wr.Z' 0 w [wrltlr V ' \.\ U.A. TNlATq l 1 Westwood _. _ r.. _. u� ry L SQUARE BROOKDAE s • •• too KDA E ROOERT LAR SEN SITE PLAN Moo"" Ca"m WM WTA PARTNERS C.1 CITY OF BROOKLYN CENTER Council Meeting Date 7/24/89 Agenda Item Number ll Q. REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: BROOKLYN CENTER HOUSING MARKET: A STUDY OF TRENDS AND THEIR IMPACT ON THE COMMUNITY DEPT. APPROVAL: - Signature - title MANAGER'S REVIEW /RECOMMENDATION: Z 1. - US-4 A ) No comments to supplement this report omments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Attached please find a copy of the Maxfield Research Group report titled, 'The Brooklyn Center Housing Market: A Study of Trends and their Impact on the Community." This is the final report on the housing study authorized by the City of Brooklyn Center. On Monday evening the staff will be prepared to discuss the process for reviewing the report and taking action on recommendations coming from the report. As per the Council's previous instructions, the report is being onsidered b the Housing Commission g Y 9 and the Planning Commission. In August there will be scheduled a joint meeting in which a formal presentation of the report will be made to the commissions. Council should also understand that the staff is in the process of preparing an RFP for a similar market analysis for the commercial /industrial sectors of Brooklyn Center. That RFP will be coming before the City Council within the next two to three months. We also believe that as a part of the review of the housing market study additional phases of work and activity will be incurred. Some have suggested the second phase of the project should be to analyze the report, critique the recommendations, and a third phase would be to develop an implementation or action plan. RECOMMENDATION We request the Council conduct a general discussion of the process of reviewing and implementing the housing market analysis study and pay special attention to the need for additional staff and possibly consultant input into this process so as to effectively move it along on a timely basis. //G CI OF l j hh � ONSDLE 4221 LAKE ROAD _ _ROBBINSDALE, MINNESOTA 55422 TELEPHONE: (612) 537 -4534 July 14, 1989 Gerry Splinter, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Gerry; The City of Robbinsdale will hold a public hearing on Tuesday, August 1, on water surface from residents 1989 to receive input o the of regulations for south Twin Lake. In 1988, legislation was passed stating that south Twin Lake is wholly situated within Robbinsdale. That means that the City of Robbinsdale may change water surface regulations with the approval of the Department of Natural Resources only. Currently, there are water surface regulations for all watercraft as stated by Robbins- dale ordinance that has been approved by the DNR. The Robbinsdale City Council will attempt to determine if further restrictions for south Twin Lake are necessary. The City of Robbinsdale is aware of the Twin Lake study currently being undertaken by the City of Brooklyn Center. It is our intention to work with the cities of Crystal and Brooklyn Center to obtain the best possi- ble plan for Twin Lake, expecially for the bikeway /walkway system which will connect the cities. Also of concern will be to study the water qual- ity and water surface regulations. Please copy this letter to all departments within your city that you deem necessary. If you have any questions, please contact me at 537 -4534, Ext. 32. Sincerely, ussell D. Fawbush Director of Parks and Recreation RDF:jmf AN EQUAL OPPORTUNITY EMPLOYER CITY OF BROOKLYN CENTER Council Meeting Date 7/24/89 C Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ADMINISTRATIVE TRAFFIC COMMITTEE RECOMMENDATIONS (DISCUSSION ITEM) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAP DIRECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation At is July 19 meeting, the Administrative Traffic Committee approved four recommendations to the City Council. A summary report on each recommendation is attached for consideration by the City Council. Council Action Required Re: Recommendation No. 1 (East Twin Lake Blvd. /53rd Avenue North): Determine which method should be used to obtain public discussion and allow City Council to obtain information needed to make its decision. Re: Recommendation No. 2 (73rd Avenue from Humboldt Avenue to T.H. 252): If the Council concurs in this recommendation, adopt motion requesting Brooklyn Park participation and instruct staff to either conduct a mailed opinion survey or to conduct a neighborhood informational meeting. Re: Recommendation No. 3 (Humboldt Avenue from Woodbine Avenue to 73rd Avenue): Adopt motion approving this installation and directing staff to prepare plans and specifications for its construction. Note A resolution formally approving the project and approving plans and specifications would be presented to the Council for consideration at • a subsequent meeting. CITY 6301 SHINGLE CREEK PARKWAY OF I:BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY- POLICE - FIRE C ENTER 911 TO: City Council FROM: Administrative Traffic Committee DATE: July 19, 1989 Recommendation No. 1 Construction of a concrete traffic island at the intersection of East Twin Lake Boulevard with 53rd Avenue North (see sketch attached). Explanation This is a 4- legged intersection with unusual geometrics and very limited sight distance for some traffic movements. During the past six years a number of complaints have been received and the committee has attempted to deal with the problems (see attachments) - first by installation of painted traffic islands and warning signs; then by installing Stop signs (for westbound traffic on 53rd Avenue). With each "solution" new problems and new objections have arisen (see attached correspondence regarding Stop signs currently in place). The Administrative Traffic Committee recommends construction of a concrete traffic island as shown on "Exhibit A" attached, at a cost estimated at $2500. However, before approving this recommendation, the City Council may wish to conduct some form of hearing. Current policy provides that appeals from the action taken by the Administrative Traffic Committee may be taken to a Traffic Appeals Committee. Since no such committee has been appointed, the Council may wish to follow one of the following procedures: Alt. No. 1 - Direct the Administrative Traffic Committee to conduct a public informational meeting, then submit its report to the City Council. Alt. No. 2 - Set a date on which the City Council will conduct a hearing on this matter (at a Council meeting) and instruct staff to notify area residents of the hearing. Alt No. 3 - Delay action until a Traffic Appeals Committee is appointed, organized and ready to consider this matter. d rose ut uae�ca arc ='� Re: Recommendation No. 4 (Xerxes Avenue between 65th Avenue and Shingle Creek Parkway): Adopt motion approving this installation and directing staff to prepare plans and specifications for its construction. Note A resolution formally approving the project and approving plans and specifications would be presented to the Council for consideration at a subsequent meeting. ��,sfa tl kFF- /J o Sco. /e r S Ica/ 14 lie Act 1 rr 7IF- ------ - -- - - - -- 5 ►API s- I'II,i NU. _ _ #83 -040 TRAI•T'IC C0.•:PI�iTiil'� ;,n!JE�I' I'C � "'1 City of Brock' lyn Center, . �iru eso'.a Date Ini cia ted 11 - 83 ( ) letter or petition (ccpy) rded by: Sy Y.na;� D rector Public Works { ) n�'nO { X) telephone request 3Ate: 11- 3- 8 3 ( ) other :Ibquestcd by: _ Updated: 12 -19 -83 - *fie Shirley McCoy .tress: 525 East Tra Lai-, Blvd. Broo'.-:!_,, Center, 551:23 � lephane No. 5 3 6 - 0 8 0 9 vocation: Intersection o 53rd P__} and East Twin l ake Bo ulevard. M:cblem Statenc-nt or Request: Sh e requests installation of St sign for westbound t raffic on 53rd Avenue _north. She recently exper a near- ac any: lays Lna riisianpens Bret lent v at ersec - 1. She r eports �_ _ al Lic speeas ru th �___ersec lon and there is poor visibility TE "c COrnC? S. She al sc note bl e— r -zi th the - 5 -1 Pggeel i ntnrsecti nn ' cc: City Mlar. ;ger Chief of Police Director of Public Works T.S.A.C. Secretary Record of - -tions cr Recc �aendations D ate Ccrnleted Step 1 T.S.A.C. Secretary notifies reamwsti g party - a.cknaaledgir?g request, advisi:°{ process to ba follcfaed, and transmitting other relevant info 11 -7 -83 Step , 2 Other referrals (State, Cbunty, etc.) Step 3 Reviewed by Administrati , e Traffic Committee Action: Staff denied -the stop sign request will stripe delineate of the intersect 1 ? -7 -83 Step 4 T.S.A.C. Secretary notifies reqesting party of A.T.C.'s action Ste 5 Appeals to T.S.A.C. and ti ► zcil P Co � Stop Po 6 Final Disposition or Action: FILE NO. 87 -020 TRAFFIC COMPLAINT/REQUEST FORM City of Brooklyn Center, Minnesota Date Initiated 5 -14 -87 zcorded by: Ger a l yn Barone j l or petition (Copy) mo Date: 5-14-87 ( X) telephone request ( ) other Requested by: UPDATED: 6 -4 -87 Name Diane Lerbs 6 -22 -87 Address: 5107 East Twin Lake Boulevard Brooklyn Center, MN 55429 Telephone No. 536 -9925 Location: 53rd Avenue North at East Twin Lake Boulevard Problem Statement or Request: Vehicles driving westbound on 53rd Avenue Nort w ip aroun e co n south ound on East Twin Lake Boulevard. There are no Stop signs, and it is unclear who as the right -of -way. Complainant acknowledges there is not a lot of traffic, but says it is hazardous when two vehicles approach the inter- section at the same time. cc: City Manager Chief of Police Director of Public RIorks T.S.A.C. Secretary Record of Actions or Recommendations Date Completed Step 1 T.S.A.C. Secretary notifies requesting party - acknavledging request, advising process to be follaved, and transmitting other relevant info 5 -21 -8 7 Step 2 Other referrals (State, County, etc.) Step 3 Reviewed by Administrative Traffic Committee Action: Accident history to be conducted & striping 5 -29 -87 checked; No recent accident history; striping repainted this year 6 -16 -87 Step 4 T.S.A.C. Secretary notifies requesting a party of 6 -8 -87 A.T.C.'s action 6 - 23 - 87 Step 5 Appeals to T.S.A.C. and City Council Step 6 Final Disposition or Action: No action; at some fu ture date when the roadway is reconstructed, modifications will e considered to reduce the problem 6 -16 -87 . _ 'r v �`l;_�ta� 2 +✓��i �!Q-.. -.. .. - .. _ .r..�J'f } ��Jc�.an- •+:{ahii'sFT: `. sws4�:if3h. ]`'. FILE N0. 89 -003 TRAFFIC COMPLAINT /REQUEST FORM City of Brooklyn Center, Minnesota Date Initiated 3/6/89 S y pp K ( ) letter or petition (copy) Recorded by: ( ) memo Date: 3/6/89 (x) telephone request' ( ) other Requested by: UPDATED: 3/31/89 Name: Rebecca Hill Address: 5104 East Twin Lake Blvd. Brooklyn Center, MN 55429 Telephone No. 537 -4420 Location: East Twin Lake Blvd. from Oak Street to Eckberg Drive and Halifax Avenue North from Eckberg Drive to CSAH 10 Problem Statement or Request: She requests that STOP signs be installed at all intersections along this route - -to assign right -of -way to drivers who use this through street. She particularly wants a STOP sign installed at 53rd Avenue North at East Twin Lake Boulevard (she had a personal injury accident there last week). cc: City Manager Chief of Police Director of Public Works A.T.C. Secretary Record of Actions or Recommendations _Date Completed Step 1 A.T.C. Secretary notifies requesting party - acknowledging request, advising process to be followed, and transmitting other relevant info. 3/13/8 Step 2 Other referrals (State, County, etc.) Step 3 Reviewed by Administrative Traffic Committee Action: Recommend STOP si n at 53rd Ave N & East Tw Lake (westbound)_ Reviewed & rejected other intersections. 3/28/89 Step 4 A.T.C. Secretary notifies requesting party of A.T.C.'s action 3/31/89 Step 5 Appeals to T.A.C. and City Council Step 6 Final Disposition or Action: April 21, 1989 Gerald Splinter City Manager 6301 Shingle Creek Parkway Brooklyn Center MN 55430 Dear Mr. Splinter, I am writing to you in regard to a disconcerting addition to our neighborhood. April 19, two stop signs were placed at the corners of 53rd Ave. and E. Twin Lake Blvd. Having lived on E. Twin Lake Blvd. for sixteen years, driving through that "intersection" many times a day, I, and members of my family, have never seen anything even close to a mishap. So, we are very suprised by this sudden development. Yesterday, I spoke with Sy Knapp, who explained that apparently some of my neighbors pestered the city into putting up the signs. The grounds of this are still unclear to me. Mr. Splinter, the signs are not only an eyesore but are functionally pointless. When turning onto either street, one must slow down considerably, and common sense dictates that one must look both ways before continuing the turn. It was enough of an insult when, last summer, yellow lines were painted to indicate which side of the road to stay on. As a concerned citizen, I ask you to please evaluate this situation again. Enclosed is a petition signed by my neighbors who feel as I do. Thank you for your time and consideration. Sincerely, Cynthia Sweeney 5450 E. Twin Lake Blvd. Brooklyn Center, MN 55429 537 -5990 r A ^,...�."N"�.14i.61- �Y+i.?•4•.. + ''�.Aa`7s�F'.m .d3�.Y�.r =.r.. L",r' _4i- •a::. .. Idisapprove of the two stop signs at the corners of 53rd ave. and E. Twin Lake Blvd.: ol ell JA I U C. 7 V �� FILE NO. 89 -018 TRAFFIC COMPLAINT /REQUEST FORM City of Brooklyn Center, Minnesota Date Initiated June 20, 1989 Recorded by Diane Spector ( ) letter or petition (copy, ( ) memo Date: Junp 20 1989 ( X) telephone request ( ) other Requested by: Name: Anon Address: Telephone No. Location: F.rH AvP N and East Twin Lake Blvd Problem Statement or Request: A number of drivprs are ignorinq or just not seeing is intersection. The worst time of day is 2 requpc 1 ; 1� Mnre PnfnrnAmon+ nf Stnn_ ' AhAad" -,inn cc: City Manager Chief of Police Director of Public Works A.T.C. Secretary Record of Actions or Recommendations Date Completed Step 1 A.T.C. Secretary notifies requesting part y - acknowledging request, advising process to be followed, and transmitting other relevant info. Step 2 Other referrals (State, County, etc.) Step 3 Reviewed by Administrative Traffic Committee Action: will increase enforcement Step 4 A.T.C. Secretary notifies requesting party of A.T.C.'s action Step 5 Appeals to T.A.C. and City Council Step 6 Final Disposition or Action: FILE NO. 89 -019 TRAFFIC COMPLAINT /REQUEST FORM City of Brooklyn Center, Minnesota Date Initiated 6/22/89 Recorded by: - Diane Spector ( ) letter or petition (copy) ( ) memo Date: 6/22/89 ( X) telephone request ( ) other Requested by: Name: Diane Morris Ann Hogan UPDATED: 7/11/89 Address: 5242 Lakeside Pl. 3925 52nd Ave. N. Brooklyn Center, MN Brooklyn Center, MN Telephone No. 535 -7050 535 -2880 Location: 52nd Avenue N. and Lakeside Place Problem Statement or Request :Cars westbound on 52nd Avenue turn right onto Lakeside Place at a high rate of speed. Complainant states that there are many childr n in the neighborhood going to and from the park, and there have been severa —clo"P Ca Imo ainan r hues s a.-"Stop" or "Yield" sign, for westbound traffic on 52nd. at IakPCidP_ cc: City Manager Chief of Police Director of Public Works A.T.C. Secretary Record of Actions or Recommendations Date Comyleted Step 1 A.T.C. Secretary notifies requesting party - acknowledging request, advising process to be followed, and transmitting other relevant info. 6/27/89 Step 2 Other referrals (State, County, etc.) ls Step 3 Reviewed by Administrative Traffic Committee Action: Deny request but increase enforcement Step 4 A.T.C. Secretary notifies requesting party of A.T.C.'s action 7/11/89 Step 5 Appeals to T.A.C. and City Council Step 6 Final Disposition or Action: July 1, 1989 Mr. Gerald Splinter 6301 Shingle Creek Parkway Brooklyn Center MN 55430 Dear Mr. Splinter, I am writing to you in request of an appeal to the Traffic Appeals Committee. I received a letter from Diane Spector on the result of the petition by my neighbors and I regarding the stop sign at 53rd Avenue North and East Twin Lake Blvd. She suggested that if I was not satisfied with the review of the petition by the City's Administrative Traffic Committe, I should write to you to initiate an appeal. Which is what I am doing. If you need additional information from me, I can be reached at 537 -5990. Thank you for your help. I Cynthia Sweeney c � 5450 E Twin Lake Blvd. Brooklyn Center MN 55429 f C Accident brings city action To the Editor: I would Iike to thank the City for installing two stop signs at East Twin Lake Blvd. and 53rd in Brooklyn Center. I had called the City three times to talk about how dangerous a situation I believed existed at that intersection, especially j after having near accidents on several occasions ... At that point the person I had spoken with several times was quite annoyed and told me in a noticeably louder voice to just drive the road conditions and stop if I thought I should, even if there wasn't a stop sign there. Last winter there was an accident at that intersection with in- juries and multiple car damage. This spring two stop signs were installed. Again, thanks Brooklyn Center, for putting those stop signs in. However, please use better judgment in the future when you get repeated phone calls from residents ... It took an accident for you to take action. Luckily, little child wasn't injured and no one Y� J was killed or very seriously hurt. Let's keep on trying to work for preventative, rather than after - the -fact, solutions to public safety concerns. Diane Lerbs y ' BROOKLYN CENTER CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE C ENTER 911 TO: City Council FROM: Administrative Traffic Committee DATE: July 19, 1989 Recommendation No. 2 Install sidewalk on 73rd Avenue North between Humboldt Avenue and T.H. 252. Explanation The current traffic volume on this section of 73rd Avenue is approximately 3000 to 3300 vehicles per day; median speeds exceed 30 mph and there are a number of pedestrians who walk along 73rd Avenue - particularly bus passengers going to /from buses on Humboldt and on T.H. 252. Because the Brooklyn Center /Brooklyn Park City limits line is located along the centerline of 73rd Avenue, we recommend that the City of Brooklyn Park be requested to cooperate with Brooklyn Center on this project, i.e.: • to agree that the improvement is needed; • to determine whether the sidewalk should be placed on the north or south side of 73rd Avenue; • to determine who will construct the improvement; and • to agree on cost distribution for the improvement. In addition, the City Council may wish to have staff obtain public input into the question of whether the improvement is needed, on which side of the street it should be constructed, etc. Two forms for obtaining citizen participation are suggested, i.e.: Option 1 - a mailed questionnaire Option 2 - a public informational meeting 14 v CA 47 "� iveeuiuuewatr 74 1/2 AVE. N w v Q n � a RO WAY 2 AVE N. ■ ■ ■ ■ ■ ■ 4- OD B WO INE LA INE AVE. N. Z PROPOSED SIDEWALK AVE. N. AVE. N z 9 < 72ND AVE 7 72ND y ' ♦ ,x, Z r�o �vE. ui Z ' . ''�.. �♦ ♦ ♦.� ,C , > Z v � AVE. N. A N Y' EVERGREEN RIVERDALE K > EXISTING SIDEWALK ' *1 x♦ , ' % 6 T:51 rZ+ W a $d�a ♦`� i� ♦1 r� ♦y i� v D C� cr. ♦ h ,♦ ,♦ 70 AVE ;; Al ` a 70 Al r- ♦ X , ♦ o ,r J $ 7OTH AVE N x am , —m . .aas J PROPOSED SIDEWALK 73RD AVE. NO HUMBOLDT AVE. TO TH 252 CITY 6301 SHINGLE CREEK PARKWAY OF I:BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE C ENTER 911 TO: City Council FROM: Administrative Traffic Committee DATE: July 19 y 1989 Recommendation No. 3 Install a sidewalk on the west side of Humboldt Avenue between Woodbine Avenue and 73rd Avenue North. Explanation A petition requesting the installation of this sidewalk was submitted approximately a year ago. Subsequently, other property owners objected to the proposal and the City Council requested that pedestrian counts be taken. Two pedestrian counts were taken (see attachment). The Administrative Traffic Committee's recommendation to install this sidewalk is based on the following factors: • the traffic volume on Humboldt Avenue is approximately 8000 vehicles per day; • this is the only "missing link" in the sidewalk system on the west side of Humboldt Avenue between 65th Avenue and Brookdale Drive; • the existing pedestrian counts; and • our belief that more people will use this route, if the sidewalk is installed, i.e. - pedestrians are now crossing to the east side of Humboldt, then back again; and using other alternate routes because of existing conditions. �CF Nl6UL-UURKA CM -� n U I ; ; I I f I o I � r f `K � i I �; � i of o o ! � ',�, 0 � � `�, p � � �•' `\ a� 0 M �\ o I , _ I son EM m IN �.■ sn oop �� 110 ��■ ■1 72ND AVE. MEN MEN IRVING :111111111 .. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 TO: City Council FROM: Administrative Traffic Committee DATE: July 19, 1989 Recommendation No. 4 Install sidewalk on the east side of Xerxes Avenue No. from 65th Avenue to Shingle Creek Parkway. Explanation The existing sidewalk on Xerxes Avenue from 59th Avenue to 65th Avenue is located in the center median. Between 65th Avenue and Shingle Creek Parkway the sidewalk is located on the west side of Xerxes Avenue. The new Xerxes Avenue bridge now under construction by MNDOT (to be completed by October 1, 1989) will provide sidewalks on both sides of the bridge deck. Residents on the 66th Avenue cul -de -sac (east of Xerxes Avenue) have requested the installation of sidewalks on the east side of Xerxes Avenue between 65th and 66th Avenues, to provide place for their children to walk to the school crosswalk at Xerxes and 65th Avenue enroute to /from Garden City School. The Administrative Traffic Committee recommends approval of the request from the residents on 66th Avenue and also recommends that the sidewalk be extended north to Shingle Creek Parkway, using the new sidewalk now available on the Xerxes Avenue bridge, to create a more complete sidewalk system to serve pedestrian needs in this neighborhood. It is noted that between 65th and 66th Avenues the existing right -of -way is very limited. To allow construction of a 5 -foot wide sidewalk immediately behind the curb, it will be necessary to obtain a small triangular easement (approximately 3' x 40') from one adjacent property owner. Adequate right -of -way exists between 66th Avenue and Shingle Creek Parkway. �,TyN CA y � (( rn ), > 69 -< LA.'S y cc C-3 Mill I`� f EXISTING SIDEWALK a `F- PROPOSED SIDEWALK ■ �• AV _ N. 65TH. 'a AVE N % YlElL auW 10J. j. X k % ♦i'`�♦ `� y� y ` ` v `� � % i C am& . PARK � , , y i< �< v ., r 6380 AVF .� `y �` �'`.:: `•� ` PROPOSED SIDEWALK XERXES AVE. NO. 65TH AVE. TO SHINGLE CREEK PKWY CITY OF BROOKLYN CENTER Council Meeting Date 7-24-80 Agenda Item Number 11,6 REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Discussion Item Relating to Retaining a Consultant to Provide Planning and Land Use Study in the Area of 66th and West River Road DEPARTMENT OVAL: Signature - title Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report mments below /attached SUMMARY EXPLANATION: (supplemental sheets attached In response to the Request for Proposal we sent out relating to the Planning and Land Use Study in the area of 66thand West River Road, we have received four such proposals, one from Westwood Planning which anticipated costs of approximately $8,000, another from Resolution, Inc. which anticipates costs of approximately $7,000, a proposal from Northwest Associated Consultants, Inc. for approximately $7,000 and finally, a proposal from Short - Elliott- Hendrickson, Inc. in an amount of $10,595. All three of these proposals, we believe, met the criteria set forth in the RFP and all respondents appear to be capable consultants with the ability to provide the City with appropriate consulting services. Evaluation of the proposals has been difficult because of the fact that all consultants appear to be very capable and has led to this matter being put on the City Council agenda as a discussion item. We believe we have narrowed the choices to two, that being Northwest Associated Consultants, Inc. and Short - Elliott- Hendrickson, Inc. The cost differences are obvious, however, we would recommend strong consideration of the Short - Elliott- Hendrickson proposal as opposed to the less expensive Northwest Associated proposal. The reason being primarily that the SEH proposal is more comprehensive and involves more hours of consultant time and we believe a more thorough approach to the subject matter. They propose a work plan which includes 218 hours in three phases with 11 tasks. The Northwest proposal comprehends four broader tasks and approximately 123 hours for completion of the study. Both studies would be completed within the December 16, 1989 time frame established by the moratorium. We have attached copies of the two proposals for the City Council's review and con- sideration. Again, the staff would recommend the SEH proposal based on what appears to be a more thorough approach to the subject and also, more comprehended public meetings such as two Planning Commission meetings and a meeting with the neighborhood advisory group. SEH has also worked closely with the City in this area providing traffic • analysis along West River Road and a brief traffic analysis relating to the specific area. SEH also appears to be strong in the traffic analysis area, but also is able to provide, we believe, the necessary planning and land use analysis necessary for the study. SUMMARY EXPLANATION CONTINUED Page 2 Northwest Associated, on the other hand, is well backgrounded in land use planning studies as indicated in their general statement of the firm's qualification and experience. We believe the Short - Elliott- Hendrickson proposal to be appropriate and would recommend it, however, if cost considerations are a primary concern, the Northwest Associated proposal is also appropriate. We believe the City Council should discuss this matter and give direction to the staff regarding their choice of planning consultant to under- take the study. r CITY PROPOSAL FOR: OF BROOKLYN WEST RIVER ROAD /1 -694 CENTER, AREA STUDY minnesota BY: NORTHWEST ASSOCIATED CONSULTANTS, INC. JULY 1989 r northwest associated consultants, inc. 7 July 1989 Mr. Ronald Warren Director of Planning and Inspection Municipal Offices 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Brooklyn Center - West River Road /694 Area Study FILE NO: 802 Dear Mr. Warren: This letter forwards Northwest Associated Consultants response to your request for proposals dated 16 June 1989 with regard to the study of the area east of Highway 252, north of I -694. Our submission follows the outline and information which has been specified by your office. It is our belief that the study to be pursued parallels the experience and capabilities of Northwest, and to this end, we look forward to the possible opportunity to be of assistance to the City of Brooklyn Center. We also wish to extend our appreciation for your consideration of Northwest and for the time which has been devoted by your staff in providing background information. We are available to respond by phone on any questions which may exist relative to our proposal. Furthermore, should the City desire an interview and personal discussion, our staff will readily accommodate such a request. Very truly yours, NORTHWEST ASSOCIATED CON UI NT s NC. David R. Lich , AICP President 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925 -9420 fax 925 -2721 P TABLE OF CONTENTS Paqe Project Background ............... Work Program ......... ............................... 3 ProjectSchedule ..... ............................... S Project Budget 6 ProjectPersonnel .... ............................... 7 References ........... ............................... g EXHIBITS Project Personnel Resumes A Firm Qualifications .. .. B a I, PROJECT BACKGROUND The area of Brooklyn Center which is the focus of study is located east of Highway 252 and west of Willow Lane, north of I- 694 to just north of 66th Avenue North. This area is presently a mix of land use activity and in essence, can be subdivided into three inter - related but separate blocks of land. North of 66th Avenue North is a non - conforming single family structure which is owned and has been converted by MnDOT to a construction field office. In the land mass south of 66th to 65th, a construction office building, motel, apartment complex and vacant parcels presently exist. To the south of 65th Avenue North is an aging apartment development. The age, condition and functioning of the apartment complex to the south is characteristic of the entire study area which suggests probable pending pressure for redevelopment or upgrading to a higher utilization. The issues confronting this area are further defined and summarized within the Planning Commission's 13 April 1989 information sheet and will not be reiterated here. In addressing the future of the study area and subsequently enacting property restrictions, attention must be given to the Possibility of legal action be brought against the City. While there can be no assurance made to avoid possible litigation, steps can be taken as part of the study to protect the City from a negative judgement. This situation must be recognized and responded to throughout the work to be completed. With these considerations in mind, the primary questions which the study must address are: 1• The appropriate land use which can compatibly exist within this transition area between Highway 252 and the single family home east of Willow Drive. 2. The definition of a traffic access and circulation pattern which will service the properties within the study area yet minimize the impact upon surrounding and adjacent single family development. 3. An evaluation of market potential for "preferred" area development. nt. 4• A determination which willaccommodatelnandregovernonthe (desiredgland uses within the study area. 5• The outline of various means whereby the land use pattern and circulation for the area can be implemented and achieved. 1 In the material which follows a work program is first outlined which identifies how these g questions will be addressed and resolved. The next section of this proposal provides a project time schedule which recognizes the 16 December 1989 lapse of development moratorium date existing for the study area. A proposed project budget is subsequently identified. The final two sections are devoted to the personnel to be assigned to the project and a description of Northwest's past experience and references which parallel this study. 2 I WORK PROGRAM Work Task Outline The study to be undertaken and completed involves individual but progressive and certainly inter - related tasks which build to a solution of the study area's future. These tasks are outlined in the following paragraphs. Task I. Use Definition and Site /Circulation Layout The study area has been characterized as "transitional" due to the low density single family development to the north and east and the highway frontage and exposure to the west. This situation along with the relative narrowness of the area presents a need to identify uses which can be developed or exist which will take advantage of opportunities presented yet maintain a harmonious and compatible land use relationship with existing and continuing uses. A further complication beyond land use is site design and circulation again as it relates to the transitional character and parcel(s) configuration. Recent and assumably fixed improvements to Highway 252 and 66th Avenue North serve to somewhat limit and restrict study area access. This is in relation to and combined with the desire to minimize utilization Of Willow Lane. These factors serve to further compound development and use acceptability problems. The foregoing considerations dictate the initial focus of effort be directed at defining land uses which can properly function within the study area. This aspect of work is highlighted as there may be acceptable activities which can be developed, which do not necessarily require a major change in site layout or circulation. These considerations at least need to be explored for the three sub - areas. Beyond this initial effort, compatible uses in a more general sense also need to be identified as a guideline for acceptable area development. These determinations will subsequently contribute to the formulation of site configuration and circulation plans required to insure simultaneous full utilization and access with necessary "border" protections. With regard to the use and site /circulation plans, Northwest would propose to utilize an alternative, test system approach. Various uses, including those which have recently been proposed as well as site layouts, would be prepared and measured against a set list of evaluation criteria. This approach is expected to yield a thoroughly documented and legally defensible rationale for acceptable uses and development configuration. In this regard, this approach will provide City decision - makers as well as neighborhood and study area property interests with a full explanation and basis upon which to resolve the area's future. 3 4 Task II. Market Assessment It is the expectation that Task I will yield a limited number of developments ments a p nd uses which are acceptable from a physical, P P Y comprehensive planning perspective. While this context is not driven by immediate market concerns, the development potential and realization does deserve consideration at least in terms of eventual realization. To a limited extent, therefore, Northwest will provide a market study assessment which will define present and future market conditions and expectations. This effort will be based solely on secondary, available data and will be provided as supplemental information to be considered in relationship to land use and site /circulation plans. Task III. Zoning Determination As an initial means to govern as well as implement the land use and site circulation plans for the study area, proposed zoning of the various parcels in question will be defined. This may involve the utilization of existing zoning districts and standards or may also include recommendations on new measures not currently contained within the present Brooklyn Center Zoning Code. A planned unit development as a zoning district is one such possible example. Task IV. Physical Implementation Beyond a passive Zoning Ordinance approach, attention will also be directed to outlining various and alternative City actions which may be utilized to bring about the realization of the land uses and site /circulation plans formulated for the study area. It is expected that the information will be presented in itemized form which will permit City decision - makers to clearly define the extent of involvement and financial commitment. Additional Considerations Throughout the various tasks of the study, City staff participation in the form of advice and direction will be a constant requirement. This is to insure the focus of study is within parameters which are at least generally acceptable to City policy makers. Northwest is fully committed to provide the channel and opportunity for such staff involvement. Northwest is also readily available to assist City staff with the study presentations and considerations by study area property owners, neighborhood groups, the Planning Commission and City Council. Furthermore, although undefined at present, Northwest is readily available to assist with zoning (text or map) changes g; and /or comprehensive plan amendments which may result from the findings and approval of the area study. 4 PROJECT SCHEDULE The scheduling of the various aspects of the project is governed to a major extent by the lapse of development moratorium which is 16 December 1989. The scope of the study combined with the availability and number of Northwest personnel provides for this date to be a realistic deadline for completion. Based upon the City's request for proposal which indicates consultant selection on 24 July 1989, work would be expected to be immediately initiated. With this starting date, Northwest would commit to having all work completed and ready for public consideration no later than 15 September 1989 at the very latest. This would allow up to three months for public and City decision - maker consideration and study finalization. i 5 r PROJECT BUDGET Based upon the tasks defined in a preceding section plus the various project personnel to be assigned to the work involved, a preliminary budget has been calculated. In summary, this is as follows: Northwest Charges: Work Program Task I 56 hours $2,000.00 Task II 19 hours 825.00 Task III 16 hours 1,000.00 Task IV 32 hours 1,700.00 Subtotal $5,525.00 Reports - 25 copies 125.00 Typing /Expenses 350.00 Total $6,000.00 Other Probable Costs: Short /Elliott /Hendrickson Review Traffic 1,000.00 City Attorney (Zoning /Implementation) Undetermined Meeting attendance (property owner/ neighborhood /Planning Commission/ City Council) $ 150.00 per session per person Note should be made that the costs involved in the various work program tasks is dependent upon the individuals involved. The more senior the staff person the higher the resulting hourly charge. It is also anticipated that no more than one Northwest staff person would be required per meeting. Meetings with staff conducted as part of the study have been included in the work tasks estimates. To be emphasized is the fact that this budget is preliminary and subject to further review and discussion with the City. The estimated $6,000.00 Northwest charge is, however, viewed as a maximum potential cost figure. 6 r PROJECT PERSONNEL The study to be undertaken will require Northwest to draw upon a variety of its personnel as it relates to the area of specialty to be addressed. These individuals plus a description of their study contribution is detailed in the following text. David R. Licht, President of Northwest, will be the project manager plus contribute to a varying degree in all work tasks to be completed. In this regard, he will complete primary production work in the zoning considerations defined as Task III and use definition analysis which is part of Task I. He also will be responsible for staff contract plus public meetings and presentation of study findings and recommendations. This level and extent of participation is based upon Mr. Licht's twenty -two years of professional planning experience. Mr. Steve Grittman, a senior designer with Northwest, will actively be involved in the site /circulation planning to be completed as part of Task I. Mr. Grittman has eleven years of experience in urban design and as a result, has worked on numerous similar projects. Mr. Grittman will be primarily assisted by Mr. Robert Kirmis, a Northwest urban designer with three years experience. These two individuals along with Mr. Licht will comprise the staffing for Task I. The market assessment analysis (Task II) and the implementation evaluation (Task IV) will be the primary responsibility of Mr. Alan Brixius, a Northwest senior planning with ten years of professional work. During this period, Mr. Brixius has specialized in such matters and recently has been assigned such work in the Cities of New Hope, Wayzata and Buffalo. Mr. Brixius will receive support from Mr. Licht as well as Daniel H. Wilson, a Northwest associate and director of financial analysis. Mr. Wilson's career spans twenty years during which he has specialized in all aspects, both private and public. Resumes of the project personnel are contained in Exhibit A of this proposal. As part of this section, we would also like to highlight the fact that our firm has worked jointly and cooperatively with Short, Elliott, Hendrickson. This is both a past and present situation. While we also understand that SEH is a competitor on the project, we would foresee that if Northwest is selected for the work that we would have no difficulty in working with them and having them contribute on traffic anaysis. 7 REFERENCES As stated in the cover letter of this proposal, the study to be completed parallels the specialties and services which Northwest Associated Consultants provide. Exhibit B of the proposal contains a full list of past projects which Northwest has completed. We have however highlighted several specific projects below which we believe directly relate to similar cases as the Brooklyn Center study. Lakeville, Minnesota - Speedy Market Site Study and Lawsuit. This case involved a proposal to develop a convenience gas /grocery operation on a small tract of land immediately adjacent to single family development. Alternative use and development concepts were prepared and evaluated and on this basis, the City rezoned the property. Subsequent legal action against the City was successfully defended. Reference: Roger N. Knutson, City Attorney, 455 -1661. New Hope, Minnesota - 42nd Avenue Redevelopment Study. This case involved planning for the reconfiguration (land parcels and circulation) and redevelopment of 42nd Avenue North from the City's east border to Winnetka Avenue. The project, with implementation assistance, is presently being pursued. Reference: Jeannine Dunn, Administrative Assistant, 531 -1521. Buffalo, Minnesota - Highway 55 Corridor Study. A redesign . of property access and land use classifications was undertaken for coordination of development and access. The study is currently being reviewed by MnDOT for consideration as part of overall Highway 55 improvements. Reference: Merton Auger, City Administrator, 1 682 -1181. Lakeville, Minnesota - Goff Development Proposal and Lawsuit. In this case, the developer proposed to construct multiple family housing through a planned unit development. The land was zoned for twenty years to accommodate such use. Upon review and consideration of the case as assisted by Northwest, the City concluded a lower density development was desirable and as a result, the property was rezoned accordingly. Subsequent legal action was brought against the City which was successfully defended and the rezoning decision upheld. Reference: Roger N. Knutson, City Attorney, 455 -1661. Northwest is also more than capable to assist the City in the formulation of Comprehensive Plan and Zoning Ordinance amendments. As a firm, we have completed such work in over r 75 communities. This also includes substantial dealings with the Metropolitan Council as well as protected river areas and the DNR. Information on additional projects can be supplied if the City believes this necessary and of benefit. 8 northwest associated consultants, inc. PROJECT PERSONNEL 01 excelsior blvd., ste. 410, minneapolis, mn 55416 (612 ) 925 -9420 EXHIBIT A DAVID R. LICHT, AICP President EDUCATION: University of Iowa, Bachelor of Arts in Political Science and Social Science University of Iowa, Master of Arts in Urban and Regional Planning EXPERIENCE: with secondary major in Public Administration 1973 Present: President and Principal, Northwest Associated Consultants, Inc. 1974 -1980: President and Principal, Midwest Planning and Research, Inc. 1970 -1973: Assistant Director, Office of Physical Planning, University of Minnesota, Minneapolis, Minnesota 1969 -1974: Coordinator- Instructor, Urban Planning Technician Program and Community Services Program, North Hennepin College, Minneapolis, Minnesota 1970 -1973: Planning Consultant: City of Robbinsdale, Minnesota; City of Crystal, Minnesota; Dakota Street Improvement Association, Aberdeen, South Dakota; University of South Dakota Student Ecology Committee, Vermillion, South Dakota 1971 -1973: Consultant - Instructor for St. John's University Micro City Project for the Community Official Planning Education Program 1969 -1970: Senior Planner, Division of Planning and Development, City of Minneapolis, Minnesota 1967 -1969: Planner, Department of Planning and Urban renewal, City of Iowa City, Iowa AREAS OF SPECIALTY: Comprehensive Planning: Consultant services to units of local and regional government on development programming and management of comprehensive plans, policy planning, land use and environmental regulations, economic development programs, and implementation. Is EXHIRIT A -1 DAVID R. LICHT Page 2 Redevelopment Planning: Administrative and technical assistance to local agencies on residential and commercial renewal efforts including specialized background on tax increment financing procedures. Institutional and Campus Planning: Supervision and execution of comprehensive campus -wide, subarea and building projects and programs for educational institutions. Transportation Planning: Supervision, analysis and implementation of comprehensive and subelement transportation plans and programs, with special emphasis on transit and parking. Economic Development/ Market Studies: Project supervision and analysis participation in economic evaluation and development efforts, including consumer surveys; Star Cities programs; retail, commercial and industrial market studies; and community economic base studies. Administration: Technical and managerial assistance to local units of government with emphasis on grant -in -aid application, general administration and intergovernmental relations. Citizen Participation: Organizing and administering citizen, neighborhood and interest group involvement and participation in the planning and development process. Planning Education: Consulting and teaching services in the organization and conduct of public official and citizen educational programs regarding the comprehensive planning and implementation process. EXHIBIT A -2 DAVID R. LICHT Page 3 PROFESSIONAL AFFILIATIONS: American Institute of Certified Planners - Member American Planning Association - Member Minnesota Chapter of American Planning Association - Member Minnesota Planning Association - Member EXHIBIT A -3 STEPHEN W. GRITTMAN Senior Urban Designer EDUCATION University of Minnesota, Bachelor of Science, Urban Studies California State Polytechnic University, Pomona, California, Urban Planning Iowa State University, Ames, Iowa, Landscape Architecture EXPERIENCE 1983 to Present: Urban Designer with Northwest Associated Consultants, Inc. 1981 - 1983: Land Use Planner with K. Bordner Consultants, Inc., Bloomington, Minnesota 1978 -1981: Landscape Designer with A. Art Braeger Construction, Upland, California AREAS OF SPECIALTY: Central Business District Planning: CBD development and redevelopment design, land use analysis, . pedestrian and vehicular circulation system analysis and design, streetscape /storefront design, and historic preservation. Site /Project Planning: Planning and design of commercial and residential development, transportation system design, open space and recreation planning. Land Use Planning: Master land use planning, municipal zoning and subdivision ordinance technical assistance and project review. Graphics: Preparation of plan and report graphics, production graphics for report and /or public presentation. PROFESSIONAL AFFILIATIONS American Planning Association Minnesota Chapter of American Planning Association Minnesota Planning Association EXHIBIT A -4 ROBERT W. KIRMIS Urban Designer EDUCATION: North Dakota State University, Fargo, North Dakota Master of Community and Regional Planning Bachelor of Architecture in Architecture Bachelor of Science in Architecture EXPERIENCE 1988 to Present: Urban Designer, Northwest Associated Consultants, Inc. 1986 to 1988 Assistant Planner, City of Fargo, North Dakota AREAS OF SPECIALTY Site /Project Planning: Planning and design of commercial, industrial and residential development with regard to site function, land use compatibility and coordination with support services and utilities. Recreation Planning: Planning and design of municipal park site plans and preparation.of municipal trail parks. Zoning Administration: Technical assistance to municipalities in both the formulation and implementation of zoning and subdivision regulations. Graphics: Preparation of report graphics, production graphics for report and /or public presentation. EXHIBIT A -5 x ALAN BRIXIUS Senior Planner /Research Analyst EDUCATION St. Cloud State University, St. Cloud, Minnesota, B.A. Urban Affairs /Urban Planning Minnesota School of Real Estate - General Curriculum EXPERIENCE 1980 to Present: Planner /Research Analyst with Northwest Associated Consultants, Inc. 1979 -1980: Community Planner with Midwest Planning and Research, Inc. AREAS OF SPECIALTY Comprehensive Planning: Assist local and regional governments in the preparation and implementation of comprehensive plans. Involved with the formulation of plans addressing community land use, transportation, natural resources and housing, development management, policy planning, land use and environmental regulations and implementation. Redevelopment Planning: Administrative and technical assistance to local governments on redevelopment and economic development efforts including specialized background in land use market feasibility and tax increment financing. Site and Project Planning: Planning and design of commercial, industrial and residential development with regard to site function, land use compatibility and coordination with support services and utilities. Market Research: Market feasibility projects for housing and commercial developments. EXHIBIT A -6 f ALAN BRIXIUS Page 2 Demographic Analysis: Identify and project community growth patterns and demographic patterns for the purpose of comprehensive park planning and marketing research. Grantsmanship: Preparation of grant applications for Community Development Block Grant Application. Zoning Administration: Technical assistance to municipalities in both the formulation and implementation of zoning and subdivision regulations. PROFESSIONAL AFFILIATIONS: American Planning Association Minnesota Chapter of American Planning Association Minnesota Planning Association Minnesota Notary Public I EXHIBIT A -7 DANIEL H. WILSON Associate EDUCATION University of Minnesota, Bachelor of Science - Marketing University of Minnesota, Graduate Work in Marketing, Finance, and Economics EXPERIENCE 1979- Present: Consultant - Providing Professional Assistance for Research, Development and Management of Commercial, Industrial and Housing Projects. 1976 -1979: Executive Director, Waconia Housing and Redevelopment Authority. 1972 -1976: Assistant Executive Director, LeSueur Housing and Redevelopment Authority. 1969 -1972: Loan Officer and Planning Intern, Minneapolis Housing and Redevelopment Authority. AREAS OF SPECIALTY Economic Development: Assist communities to identify economic development opportunities and obstacles, formulate strategies and organize community for action. Star Cities Program assistance and grant writing provided. Market Research: Market feasibility studies for housing and commercial development, land and unit absorption. Tax Increment 7 Financing: Project feasibility and structuring, development contract negotiation, and preparation of development plan and financing plan. Central Business District: Redevelopment strategies, functional analysis, rehabilitation programs and financing mechanisms. Housing Projects: Planning, development and implementation of subsidized and 0 market rate housing projects. EXHIBIT A -3 i DANIEL H. WILSON Page 2 Project Management: Carry out project administration and implementation of public and private development projects. Relocation: Implement regulations of Uniform Relocation Act for residential and commercial displacements. PROFESSIONAL ASSOCIATIONS/LICENSES Minnesota Real Estate License National Association of Housing and Redevelopment Officials - Member Minnesota Multi Housing Association - Member Greater Minneapolis Area Board of Realtors - Member EXHIBIT A -9 f northwest associated consultants, inc. FIRM QUALIFICATIONS 1 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925 -9420 EXHIBIT 3 GENERAL STATEMENT OF FIRM'S QUALIFICATIONS AND EXPERIENCE NORTHWEST ASSOCIATED CONSULTANTS, INC. is a private planning consulting firm officed in the Twin Cities of Minneapolis - St. Paul, Minnesota. The Company was formed in 1973 and specializes in providing land use planning and development services in both the public and private sectors. This balance provides awareness and experience in the development process, in addition to the structure of community development. The Company offers an integrated set of services in real estate analysis, community planning, and urban design. Northwest has the technical competencies, experience and commitment to provide comprehensive analysis and identification of solutions for client planning problems. Principals and Senior Associates are in direct professional relationships with clients on a regular, as needed basis. Specific services provided by the firm are listed below by general category: ECONOMIC RESEARCH AND FINANCIAL PLANNING: o Land Use Market Feasibility and Absorption o Site Location and Facilities Planning o Attitudinal Surveys and Consumer Needs Assessment o Project Cash Flow Simulation - Fiscal Analysis o Tax Impact Studies o Economic Feasibility Studies o Market Penetration Studies, Consumer Surveys COMMUNITY PLANNING: o Planning Tactics - Policy Issue Identification and Evaluation o Preparation of Comprehensive Plans - Cities/Counties/School Districts o Project Planning and Implementation o Housing Needs Analysis EX:'.I3IT 3 -1 • Central Business District Redevelopment • Traffic and,Parking Studies o Mass Transit Planning • Annexation and Consolidation Studies • Land Use Code and Ordinance Development • Capital Improvement Programming * Technical Assistance to Local Government ENVIRONMENTAL ANALYSIS AND DESIGN: • Ecological Analysis and Resource Management Studies • Environmental Assessment Impact Statements • Parks, Trails and Recreation Systems • Landscape Plans URBAN DESIGN: • Project Planning and Concept Design • PUD Site Planning and Implementation • Preliminary Plats • Central Business District Image Studies • Park Systems and Park Design • Campus and Institutional Site Planning In support of the professional services, principals assist public and private clients in programs of community information, expert witness testimony and on -going retainer relationships to implement specific planning programs and objectives. Clients are accepted with defined mutual agreement on objectives, scope of work and anticipated benefits of services in relation to the cost. Fees are related to the scope of assignment, including the compensation of time, direct costs and other company resources as may be required. Charges may be time - billed against a m o detailed 'mum appropriation, or a fixed fee ma r axi Y be set f work specifications. Retainer relationships are available for extended assignments, or areas in which a continued preferential staff assignment is requested. The confidential nature of assignments and data is strictly preserved at the request of the client. The growth and continued success of NORTHWEST ASSOCIATED CONSULTANTS, INC. is directly dependent upon the effectiveness we have in meeting client objectives and seeing projects EXHIBIT B -2 successfully implemented. Our corporate objectives are thus to maintain the highest professional standards and technical skills to meet the increasing demand for comprehensive services. In addition to the philosophy of offering a multi- disciplined, comprehensive consulting service covering all planning and development concerns, Northwest has formulated and operates on the basis of several fundamental and professional service concepts. On any project undertaken by the firm, a principal is assigned to and assumes responsibility for the work and product involved. This active participation by Northwest's senior personnel provides the client with the highest possible quality of service and expertise available. EXnIoIT 6-3 v • QUALIFICATIONS AND EXPERIENCE ECONOMIC DEVELOPMENT/REDEVELOPMENT PROGRAMS Northwest Associated Consultants, Inc., through its combined consulting team members, has extensive, current experience in each and every phase of economic development. This background has been achieved through service being provided to both the public and private sectors. It is through such work associations that a full perspective of the economic planning and development process has been gained. This expertise, combined with the team's indepth knowledge of physical development results in a comprehensive development /redevelopment service being offered. The paragraphs below provide a summary of relevant and current project assignments. ADMINISTRATION Northeast Economic Development Council - Through a personal service working agreement the position of Administrator /Development Coordinator was staffed by Northwest. Service to this nonprofit corporation which is focused on the Central and Lowry Avenue N.E. area of Minneapolis included day - to -day administration and work activities, plus grant writing, commercial rehabilitation loan programming, marketing of the area, public agency and developer coordination, and community relations and communication. LeSueur - A Comprehensive Central Business District renewal project was administered. New construction, commercial rehabilitation and public facilities and public improvements were implemented. Lake City - A downtown redevelopment project and municipal marina expansion project which is designed to promote the community's growing tourism industry is currently under way. A commercial rehabilitation loan program and public improvements are the major work elements being staffed. A state block grant and tax increment financing were the financing mechanisms. Delano - Under the supervision of the City Administrator, Northwest is currently assisting the City of Delano with both industrial and highway commercial development projects. The main Y P P J thrust of this effort involves programming of tax increment financing projects. EXHIBIT B -4 s Chanhassen - Administration of the City's land acquisition program under a Community Development Block Grant. Jordan - Northwest is presently assisting the community with the formulation of an overall Economic Development Plan and Star Cities Program. Additionally, work is being conducted on specific new development projects proposed for the City. MARKETING/ECONOMIC STUDIES Crystal; Prior Lake; Jordan; Robbinsdale; New Hope; Lakeville - Land utilization and marketability studies (LUMS) have been completed for these communities as a means of assisting the planning of development and redevelopment programs and projects. Shoreview (Evenson Properties); New Hope; Lakeville; Little Canada - Economic development analysis of these communities have been completed as a means of defining overall prospects and suggesting specific projects for implementation. Abbott Northwestern Hospital - highest and best use analysis was conducted of commercial land holdings surrounding the Client's primary facility. Lang Nelson Associates; Nafstad Properties - Market studies have been prepared for the purpose of determining project demand and feasibility as well as for the purpose of obtaining project financing. New Hope; Wayzata - Market studies have been prepared for the city -wide commercial operations for the purpose of identifying markets for economic development and establishing marketing strategies for the City's commercial areas. Lakeville; Buffalo; Robbinsdale - Municipal liquor operation market studies have been completed as a basis of expansion, consolidation and relocation considerations. Evaluations for product merchandising and market orientation were also completed. SITE PLANNING AND DESIGN New Hope, Minnesota, Science and Industry Center - Undertaken as part of the City's Comprehensive Planning Program. Market evaluations were prepared to determine development potentials for remaining vacant sites within the industrial park. Concept site plans locating buildings, access and expanded parking were formulated for use by potential developers. Delano Industrial Park - Assistance was provided to the City of Delano in the layout of a new industrial area. Additionally, specific site design work as well as tax increment financing arrangements were performed for the construction of Landscape Structures, Inc. EXHIBIT B -5 { v Miller Industrial Development, New Brighton, Minnesota - Site planning and land subdivision services were performed for the development of industrial property in New Brighton, Minnesota. Faribault Industrial Park - A phased three -stage development plan was prepared for a 360 acre industrial park on the north edge of Faribault, Minnesota. Specific site plans and subdivision of property were drafted and processed through the City for Stage 1 of the development. Yorkton Industrial Park - Serving as the City's representative, site plans and subdivision applications were evaluated and processed. Robbinsdale Downtown Redevelopment Program - An area traffic circulation and land use plan in addition to detailed design themes and site planning was formulated to direct physical revitalization of the central commercial service area of the City. Numerous improvements have been implemented and the community continues to upgrade the area in line with established guidelines. New Hope City Center - Based upon directions established through a land utilization and marketability study, physical reuse and orientation of the 42nd Avenue North /Winnetka area were drafted. Facilitated primarily by private investment, major modifications to this suburban shopping node have taken place and continuing improvement efforts are being programmed. Jordan 169/282 Highway_ Area - A development plan was formulated for revised land use designations and improved circulation for the northern portion of the community having commercial access and exposure to Highway 169 and containing the City's industrial park. Lakeville CBD Concept Plan - A downtown concept plan was prepared addressing area land use, traffic circulation, parking and streetscape theme in addition to other site planning amenities to direct the physical revitalization of the CBD area to direct future growth. Buffalo Downtown Concept Plan - Buffalo has a strong and vital downtown commercial area. The downtown concept plan will be formulated to identify direction for CBD expansion, traffic circulation improvement, rehabilitation and redevelopment of areas showing early signs of deterioration. Faribault Downtown Improvement Effort - As an initial means to direct physical improvement of the downtown area, Northwest undertook a study combining concerns of area property owners and operators with the needs of the area. This study served as the basis of subsequent design and architectural plans which are now 0 in existence. EXHIBIT B -6 i i FINANCING Chaska - A commercial /industrial area redevelopment project was completed. Work items were new construction, historic preservation and commercial rehabilitation loan program. Tax increment financing was the financing mechanism. Moravian Church - Acted as housing consultant for a Section 202 nonprofit housing corporation in development of a 59 unit elderly housing project in Chaska. :Maple Plain - A major retail expansion was provided for through tax increment financing. Public improvements were the major work items. Two industrial tax increment projects were implemented. Lakeville - A tax increment project was completed that provided for a local industrial expansion project and a new public safety facility. Current projects include a major McDonald's Corporation "Mcstop" highway commercial development and a new Toro Plant facility. Waconia - Initiated and implemented downtown redevelopment project utilizing a community development block grant and tax increment financing. An industrial park was acquired and developed. New Germany - An industrial expansion project is being implemented through a tax increment financing project. Delano - Financial assistance on a continuing basis is being provided to the City on commercial and industrial facilities locating in the community. Six major projects have been completed. Jordan - Acting as agent for the City, consultation on tax increment assistance and on development improvement financing is being given to the City. Three major projects are currently being pursued. Wayzata - Technical assistance has been provided to update and expand the City's tax increment financing program dealing with the streetscape improvement of the Downtown West Lake Street Commercial Area. Jordan - Through a highly innovative, Small Cities Economic Development Grant from the Minnesota Department of Energy and Economic Development which was drafted by Northwest, the firm is Presently assisting the City with implementation of a single family development project within a major subdivision which failed financially. While social objectives are a major aspect Of the project, a significant local municipal concern was EXHIBIT B -7 1 S j eliminated of major financial burdens created by unpaid assessments on City installed improvements. The present project has allowed the City to minimize this very negative financial situation. RELOCATION Scott County HRA; Carver County HRA; Hopkins; Robbinsdale; Savage; Rockford; Champlin - Continuing assistance is being provided for both residential and commercial relocation in compliance with state requirements. MANAGEMENT Actaeon Corporation - Provide housing consultant services and continuing property management services for a 48 unit Section 8 elderly housing project in Waconia and a 62 unit Section 8 in Hutchinson, and a 60 unit market rate townhouse project in Burnsville. Illies Properties - Management and coordination of maintenance services are provided on rental property throughout all parts of Minneapolis. Northwest Properties - Rental properties within the Twin Cities Metropolitan Area and the State of Iowa are administered and managed. EXHIBIT B -8 r TECHNICAL ASSISTANCE ON DEVELOPMENT PROJECT REQUESTS 10RTHWEST ASSOCIATED CONSULTANTS, INC. is a private planning consulting firm incorporated in 1973 and officed in the Twin Cities of Minneapolis -St. Paul, Minnesota. While the company provides land use planning and development services to both private as well as public clients, emphasis is placed upon assistance to municipalities. A major specialty and significant portion of Northwest's operation is oriented towards technical analysis and evaluation of proposed private development projects on behalf of local units of g overnment. In many cases, this service is provided on a continuing basis for all development requests submitted to a client. In other instances, Northwest is called upon to assist City staff and officials in specialized circumstances involving a complex or highly controversial project where the extensive experience of the firm and its personnel can contribute to decision - making. In this latter case, assistance is provided to Planning Commissions and City Councils as well as expert testimony in legal actions. The following is a list of public clients currently served on a continuing as well as specialized project basis: CLIENT CONTACT PERSON Albertville Maureen Andrews, Administrator Bayport Judy Uhde, Clerk /Administrator Belle Plaine Cynthia Dressen, Administrator Branch Robert Morgan, Administrator Buffalo Merton Auger, Administrator Centerville Tamara Miltz- Miller, Administrator Delano Marlene Kittock, City Clerk Jordan Donald Tillman, Mayor Lakeville Robert Erickson, Administrator Little Canada Joseph Chlebeck,'City Clerk Moorhead Scott Richards, City Planner New Hope Daniel Donahue, City Manager Oak Park Heights LaVonne Wilson, City Clerk Oakdale Brent Brommer, Community Development Director Spring Park Pat Osmonson, Administrator Wayzata Allan Orsen, City Manager Windom Donn Nelson, Assistant City Clerk EXHIBIT B -9 3 FIRM QUALIFICATION AND EXPERIENCE COMPREHENSIVE PLANNING/DEVELOPMENT ORDINANCE UPDATES In regard specifically to comprehensive planning and ordinance projects, Northwest Associated Consultants, Inc. has adopted the most modern techniques and approaches. A supreme, overriding concept is the plans and ordinances should be the community's and not the consultant's. Such an approach demands community decision - makers, staff and citizen involvement and participation. This concept has evolved with the intent of making plans and ordinances more implementation oriented. Assuming the community has been involved, directed and understands its plans and regulations, the potential for utilizing these tools and realizing community improvement is increased substantially. As just inferred, implementation is also a basic concern. Every attempt possible is made by Northwest to create practical, action - responsive plans and recommendations. Facilitating this operation objective is the multi - disciplinary nature of Northwest, notedly the economic capability and experience. REFERENCES Northwest and its personnel have extensive experience in community comprehensive planning and ordinance formulation and revisions. Although initiated at different times, the following is a list of all comprehensive plans and /or ordinance revisions undertaken by Northwest or its personnel within the last fifteen years: COMMUNITY POPULATION Albertville 978 Alexandria 6,973 Andover 7,714 Belle Plaine 2,754 Brookings, S.D. 24,357 Buffalo 6,400 Cannon Falls 3,072 Cass County 15,000 Centerville 734 Corcoran 1,656 Cottonwood 794 Crystal 30,935 EXHIBIT B -10 r. i COMMUNITY POPULATION Delano 1,851 Dellwood 695 Detroit Lakes 6,352 Faribault 16,595 Goodhue County 38,749 Hanover 647 Huron /Beadle County, S.D. 14,029 Jordan 2,663 Lake Elmo 8,000 Lakeville 22,700 Linwood Township 3,300 Little Canada 6,137 Mankato Township 2,372 Maple Grove 17,257 Maplewood 25,186 Mendota-Heights 6,565 Monticello 4,500 Moorhead 29,998 Mounds View 10,599 New Hope 25,475 Oak Park Heights 3,019 Oakdale 12,500 Otsego Township (Wright County) 7,000 Owatonna 15,341 Pope County Communities 2,055 (Cyrus, Starbuck, Villard) Redwood Falls 5,774 Robbinsdale 16,845 St. Paul Park 5,587 Shorewood 6,000 Slayton 3,454 Spring Park 4,380 Steel County 30,000 Sverdrud Township 1,163 (Ottertail County) Tonka Bay 1,397 Waterville 1,679 Wayzata 3,640 White Bear Lake 25,430 Windom 3,952 EXHIBIT 6 -11 PROPOSAL FOR PLANNI A ND L AND E ST UDY i � i I CITY OF BROOKLYN CENTER } BROOKLYN CENTER, MINNESOTA I ' i i i JULY 10 1989 ENGINEERS ■ ARCHITECTS ■ PLANNERS SHORT ELLIOTT HENDRICKSON INC. i i U ri r C C ENCINEERS N ARCHITECTS R PLANNERS 222 EAST LITTLE CANADA ROAD, ST PAUL, MINNESOTA 55117 612 484 -0272 July 10, 1989 , i i Mr. Ronald Warren, t Director of Planning and Inspection City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Warren: We appreciate the opportunity to present this proposal for the Planning and Land Use Study near 66th Avenue North /Willow Lane. Our staff is familiar with land use development patterns and �. transportation system in Brooklyn Center. We have assisted the City with related studies in the areas of: o Traffic Impact Study, April 1989 o West River Road EAW, April 1989' 0 0 69th Avenue Corridor Traffic Study, March 1988 o Retail & Office Development Traffic Study, May 1985` Our experience has allowed tracking actual results compared to planning forecasts, improving our understanding of development trends within the City. Our work for the City has stressed development of realistic recommendations combined with successful implementation plans. SEH has recently become more involved in land use, zoning and site review issues. Two additional planners have joined our staff within the last year. Randy Thoreson and Cindy Gray add considerable experience in the areas of land use planning and site evaluations. We believe our transportation and planning experience can greatly assist the City during the implementation of study recommendations. We have reviewed the study scope from the request for proposal and feel our work program can be comfortably completed before the moratorium expiration in December. The hours and costs have been estimated for the tasks as outlined in this proposal. We estimate the total cost for the study to be $10,595 including five anticipated staff meetings with the City, • planning commission meeting, and a public meeting. We estimate • cost of $250 for each additional meeting required. SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON WE MINNESOTA WISCONSIN Mr. Ronald Warren July 10, 1989 Page #2 We would be pleased to respond to any questions you may have concerning our proposal. Questions can be directed to myself or Bob Byers. Respectfully submitted, Short- Elliott- Hendrickson, Inc. Glen Van Wormer, P.E. GVW /dma Manager, Transportation Engineering Department 9 1 16 T A B L E O F C O N T E N T S 19 Letter of Transmittal 19 WORK PLAN . . . . . . . . . . . . . . . . . . . . SECTION I Issues and Concerns 19 Study Approach and Work Tasks Post Plan Implementation Project Time Schedule 19 Estimate of Costs STAFF EXPERIENCE . . . . . . . . . . . . . . . . .SECTION II Study Staff Assignments Project Team Resumes Professional Staff SIMILAR PROJECT EXPERIENCE . . . . . . . . . . . .SECTION III GENERAL QUALIFICATIONS . . . . . . . . . . . . . .SECTION IV History of Firm Method of Providing Service Service Goals Scope of Services RECENT CLIENTS AND REFERENCES . . . . . . . . . . APPENDIX WORK PLAN ISSUES AND CONCERNS The City of Brooklyn Center has requested proposals to provide consulting services for a planning and land use study for the property at 6626 West River Road and all land south of 66th Avenue North and north of I -694 between Willow Lane and T.H. 252. The interest in reviewing existing and future land uses was sparked by a recent rezoning request, however a number of questions previously existed for other properties within the area. Concerns have been expressed regarding the proper land use classifications for properties in the area due to perceived existing incompatibilities of adjacent uses. The property at 6626 West River Road is currently owned by Mn /DOT and is zoned R -5 (multiple family). There are concerns whether this use is compatible with nearby single family residential development. Immediately south of 66th Avenue North to 65th Avenue, the westerly half is zoned C -2 Commerce and the easterly half is zoned R -5 multiple residential. Questions have arisen regarding the potential C -2 area intensity and whether the R -5 is an adequate buffer between the C -2 and the single family residential area east of Willow Lane. A development proposal for a service station /convenience store /car wash currently exists on the Atkins property south of 66th Avenue North on the north half of the C -2 zoned property. The rezoning request was to change the R -5 designation of the parcel on the east to C -2. South of 65th Avenue North there are questions whether the apartments in the existing R -5 zones are compatible with the surrounding land uses and proximity of I -694 and T.H. 252. - 1 - This area is also environmentally sensitive. It is contained within the Minnesota Critical Rivers Area Boundary of the Mississippi River. This program is administered by the State Environmental Quality Board and exists as an overlay district within Brooklyn Center's zoning code. The primary intent is to protect and preserve the unique resources, biological and ecological functions of the river corridor. The Comprehensive I Plan contains guidelines restricting commercial zoning in this area to its present locations. The area is also immediately adjacent to T.H. 252, a major north- south expressway which links to the new T.H. 610 Mississippi River crossing. Environmental studies such as the T.H. 252/T.H. 610 EIS (1982) and the T.H. 252/T.H. 610 North Crosstown Noise Plan (1984) identified potential traffic - related noise impacts. s Recommended mitigation measures included the berming constructed as part of the realignment of T.H. 252. Not all noise - related lie issues were resolved since it was not feasible to shield all properties such as those near the signalized intersections of T.H. 252. Recent environmental analysis relating to the EAW for s the West River Road reconstruction has found that property at , 6626 West River receives noise impacts over the MPCA State Standards for residential type development. There are also potential traffic impact concerns related to the types of land uses which might eventually occur in this area. The f previous SEH study examined the impacts of alternative land uses I for the three parcels within the area bounded by 66th Avenue, 65th Avenue, Willow Lane and T.H. 252. The study found that any one of a number of alternatives could be adequately served by the existing roadway system. Changes in other uses outside these three parcels could add to the potential impacts, thus requiring some type of mitigation. Questions relating to property access and traffic circulation need to be addressed. - 2 - There is a need to proceed with the study and to complete the evaluation as soon as possible. A development moratorium, in effect until December 16, 1989, was enacted by the City. The owner of the Atkins property would like to resolve land use issues which affect his service station proposal soon so his previous agreements with developers are not jeopardized. STUDY APPROACH AND WORK TASKS The study is proposed to consist of three phases which are shown on the accompanying organizational chart. PHASE I Inventory & Document Existing Conditions Tasks: Collect pertinent land use, zoning, traffic and environmental data PHASE II Evaluation of Land Use Alternatives Task A: Develop three to four overall alternative land use scenarios for the area Task B: Meet with City staff to review and discuss alternatives Task C: Revise alternatives based on staff input, evaluate strengths and limitations Task D: Meet with City staff to review evaluation results . Task E: Meet with Planning Commission to discuss study progress and findings Task F: Meet with area property owners and Northeast Neighborhood Advisory Group to discuss study findings Task G: Develop Draft Report incorporating comments and transmit to City staff 3 - ON O w w w aI m w oman ORGANIZATIONAL CHART BROOKLYN CENTER 66TH /WEST RIVER ROAD i LAND USE rib ZONING DEVELOP REVISE/ DEVELOP EXISTIi11G LAND USE_ DRAFT REPORT FINAL_ LAND USE EVALUATE REPORT AND REPORT COPSDITi tIs AL'iFRtIATI';'F PROCESS S ALTERNATIVES ALTERNATIVES REPORT iI;JF1FFAr;i1TtTIOcd TRAFFIC ENVIRONMENTAL AUGUST I SEPTEMBER I OCTOBER PH A S E - - -- _�_-_ PHAS I( P} i A � E I I 1 - - -- - - - - -- r - 1 I, t � WMEERS :'lVaU7EM , PLAWERS l PHASE III Final Report and Implementation Task A: Develop implementation process for study recommendations Task B: Meet with City staff to discuss and refine implementation process Task C: Incorporate implementation process documentation into final report for transmittal to Planning Commission The work program anticipates City staff involvement during the study, especially during development of land use alternatives, evaluation of alternatives and the implementation process. We anticipate the City will facilitate the contacts with property owners and the Northeast Neighborhood Advisory Group. Evaluation of land use alternatives will consider the following criteria: o Compatibility to surrounding uses o Potential environmental impacts and required mitigation o Potential traffic and needed mitigation o General development aesthetics and visibility o Other considerations such as the ability to encourage certain types of redevelopment Overall integration of the land uses with current property development will be stressed. Environmental impacts will be evaluated, especially those related to traffic. Noise impacts will be quantified and potential mitigation both on and off site will be discussed. - 5 - Analysis of traffic impacts will include a more general review of traffic access and circulation options to minimize the impacts on adjacent sensitive residential areas and to orientate the traffic efficiently toward the T.H. 252/66th Avenue intersection. In order to accomplish this, site parking and circulation, off -site roads and higher volume roads such as 66th Avenue must exhibit compatible and supportive design characteristics. Where possible, examples of desirable configurations will be provided. POST PLAN IMPLEMENTATION The key importance to the project is a timely and realistic implementation plan. Our proposal reflects expertise in the input and direction of various planning techniques that are applicable to the subject site area. Zoning classifications which are not currently included in Brooklyn Center's Zoning Ordinance will be considered as a possible means of facilitating the development mix which is desired. Freeway Districts (FD) and Planned Unit As Development (PUD) will be considered as a potential means of guiding development. City staff have already reviewed the possibility of adding a PUD classification to the City's Zoning Code, so these efforts might support a possible implementation process. PROJECT TIME SCHEDULE Because of the urgency to move forward with the study and land use implementation program, an accelerated time schedule is recommended. The final report is anticipated to be completed 14 weeks from date of hire. The following schedule is suggested to accomplish this: 'l r r HIRE - August 1 August 14 First staff meeting August 31 Second staff meeting September 14 Planning Commission meeting September 18 Meeting with Northeast Advisory Group k and Area property owners October 10 Draft report a October 16 Third staff meeting October 30 Final report lie During the study efforts will be made to combine /adjust tasks and to perform tasks concurrently to further shorten the study time frame. I le -7- 1 ESTIMATE OF COSTS Our scope of work responds to the request for proposal and to P P 4 information obtained during discussions with City staff. Our proposal and costs have been developed to meet the needs of the project in a timely and efficient manner. Once a decision to proceed has been made, we will use standard contract agreements that clearly define each party's responsibilities, the scope of services, the work schedule and the compensation. The following is an estimate of costs: Principal Project Senior Project In Charge Manager Planner Planner Drafter Clerical PHASE I TASK A 0 1 2 1 0 0 PHASE II TASK A 1 4 16 8 0 0 TASK B 2 2 2 0 0 0 TASK C 0 15 30 16 0 0 TASK D 0 2 2 2 0 0 TASK E 3 0 3 0 0 0 TASK F 0 0 4 0 0 0 TASK G 1 4 16 16 15 3 7 27 73 42 15 3 PHASE III TASK A 1 2 15 4 0 0 TASK B 0 0 2 2 0 0 TASK C 1 1 8 4 5 2 2 3 25 10 5 2 TOTAL HOURS: 9 31 100 53 20 5 COST: $765 $1,860 $5,000 $2,120 $600 $150 TOTAL COST: $10,495.00 MILEAGE: $ 100.00 TOTAL ESTIMATED COST: $ 10,595.00 - 8 - a i STAFF ASSIGNMENTS Glen Van Wormer, P.E. is the Transportation Department Manager. He would provide review and comments on various planning elements of the Brooklyn Center Study, especially with regard to I transportation. Glen has almost 25 years of experience in transportation planning and engineering. He has worked with many municipalities and counties on transportation and land use planning, traffic operations, roadway design and y g parking. Glen's C! varied background has been an asset in the development and implementation of ractical current and long-range p g -range planning solutions. Bob Byers, P.E. would serve as project manager. He has more than 13 years of transportation planning and engineering experience. Bob's educational and experience background includes traffic ' engineering, transportation, land use planning and computer t applications. Bob has been involved in numerous projects with the City including the recent West River Road EAW and the proposed `! upgrading of 69th Avenue. Randall R. Thoreson would serve as senior project planner for the planning and land use study. He has 14 years of experience in current and long -range planning activities for municipal, county and state governments. His experience and educational background provide a solid basis for analysis and study. Randy has been employed as a municipal staff planner and was owner of his own consulting firm. He has served, as a Planning Director, City Planner and Senior Planner for municipalities. Randy has been involved in detailing with detailed land use and zoning issues. He was a primary participant in writing a PUD ordinance for the City of Blaine. - 9 - z t i Additional Assistance 4 Planning input and expertise will be supplemented by Tim Kirchoff, project planner. Tim has a master's degree in Rural and Urban Planning and has several years of practical experience in land use planning and transportation system activities. Additional assistance is available as needed by Cindy Gray and C.J. Lilly. Cindy has a master's degree in Rural and Urban Planning and has several years experience in land use planning and site development review. C.J. Lilly is a Registered Landscape Architect and has extensive experience in aesthetics /visibility impacts and he has prepared a number of recreational elements of comprehensive plans involving park g system planning and design. SEH is a full- service engineering, architectural, and planning firm. Various other staff members are available from the departments of municipal engineering, structural design, water resources and architecture. Resumes of the key ndividuals h will y who be involved with the project follow. , k I 3 - 10 - GLEN VAN WORMER, P.E. Principal In Charge Education BS - Civil Engineering - University of Wisconsin (1965) BS - City Planning - University of Wisconsin (1965) Professional Registration: Registered Professional Engineer in Minnesota, Wisconsin, Iowa, North Dakota and South Dakota I I Professional Associations: Institute of Transportation Engineers - Fellow Transportation Research Board - Individual Associate American Road and Transportation Builders Association - Member American Planning Association - Member General Background: Experience on a wide variety of transportation related projects ranging from a comprehensive transportation plan for a community to layout of signs at a specific intersection. Project areas include traffic forecasting, traffic site and impact analyses, transportation plans, street and highway design, traffic signal design, signing and pavement marking layouts, traffic inventories, traffic studies and parking studies. I Experience: Project Coordinator for County Road B -2 Bridge Roseville, Minnesota Preliminary layouts, transportation planning, roadway j and bridge design of a $4- million bridge and approach roadways at 1 I -35W. Project Coordinator for Thurston Avenue Bridge - Anoka, Minnesota Transportation plans, preliminary alignments, road and bridge design for railroad overpass. Included coordination with County bridge and roadway plans. Project Coordinator for Proposed Horse Racing Facilities - Woodbury, Minnesota Preliminary layouts, transportation planning, traffic projections, and all anticipated roadway and traffic operations for one of four tracks considered for the Minnesota Metropolitan Area. Project Coordinator for Renaissance Festival Traffic Studies - Preliminary Layouts and Transportation Planning for Proposed Relocated Renaissance Festival - Lakeville, Minnesota Studies, recommendations and preliminary designs for changes in modifications to existing festival south of Shakopee, Minnesota. Project Manager for Hardman Avenue - South St. Pau Minnesota Preliminary and final designs for one mile or roadway within the industrial park. Design included new railroad crossings, relocated railroad crossings, revised flood wall, temporary I -494 highway ramp access, and revisions to existing I -494 ramp. - 11 - ROBERT H. BYERS, P.E. Project Manager Education B.S.C.E. - University of Colorado - Boulder (1976) M.S.C.E. - University of Minnesota (1981) Professional Registration Registered Professional Engineer in Minnesota and North Dakota Professional Associations Institute of Transportation Engineers - North Central Section National Society of Professional Engineers - Twin Lakes Chapter General Background Project management, design and planning expertise on a wide variety of transportation related projects. Experienced with transportation forecasting processes, roadway design and capacity and other traffic engineering applications. Special expertise in the areas of microcomputer applications for transportation, transit planning and operations and environmental studies. Experience Project Manager for Commercial Area Study - Brooklyn Center, Minnesota Evaluate land use alternates and determine traffic generation (computer aided) roadway and intersection capacities, needed roadway improvements and land use restraints in Brookdale and Shingle Creek areas. Project Manager for Commercial Area Study - Fridley, Minnesota Evaluate land use alternatives for 100 twin drive -in site and analyze operational impacts at adjacent intersections of TH- 65 /West Moore Lake Drive and TH- 47/57th Avenue. Develop over a dozen design concepts for improvements at TH -65. Project Manager for Transportation Plan Update - Fargo, North Dakota /Moorhead, Minnesota Development of a Metropolitan Transportation Plan which included 20 year forecasted traffic volumes and turning movements. Project Manager for Study of Transportation Forecasting Software - Minnesota Metropolitan Planning Organizations and Mn /DOT Evaluation and testing of sixteen planning software packages. Recommendations for hardware and software enhancements. Development of improved planning process. - 12 - RANDALL R. THORESON Senior Project Planner Education BA - Urban Affairs (Planning & Environmental) - St. Cloud State University (1975) MA - Urban and Regional Studies (Planning) Mankato State University (1978) Professional Associations American Planning Association (APA) Minnesota Chapter of American Planning Association (MnAPA) I; West Central Chapter of American Planning Association 'E General Background i Extensive experience with public and private sector clients in the Midwest and Mountain West including planning and community development. Served as lead staff planner and /or consultant for municipal and state governments on projects involving current and long -range planning activities. Project areas include Comprehensive Planning, Zoning, Environmental, site design /review and planning documents requiring local review and implementation process. Experience Project Manager /Planner for Blaine, Minnesota Served as City Planner and Senior Planning involving plan preparation /review on current and long -range planning projects. Specific involvement in Comprehensive Planning, Zoning, Environmental and Site Development /review activities. Project Planner for Jackson, Fairmont and New Prague, Minnesota Growth Management Plan elements for communities and surrounding jurisdictional county area. Project Planner for Plymouth, Minnesota Served as Staff Planner on updates and revision to Comprehensive Plan and Environmental Overlay Analysis. Other involvement with current and long -range planning - activities. Project Planner for Broadwater County - Montana Key assistance in formulating and implementing County Comprehensive Plan. Project Manager /Planner for Sheridan County - Montana Formulation of county -wide recreation needs analysis and implementation as part of Comprehensive Plan. Project Manager /Planner for Three Forks, Belgrade and Manhattan, Montana Served as Planning Director and consultant on formulation and updates of Comprehensive Plans. - 13 - TIMOTHY T. KIRCHOFF Project Planner Education BA - . Economics - Moorhead State University, Moorhead, Minnesota (1984) MS - Community and Regional Planning - North Dakota State University - Fargo, North Dakota (1987) General Back round Experience in a variety of transportation and land use planning related projects utilizing microcomputers. Projects include calibration of a metropolitan area roadway model, traffic forecasting, capacity analysis, sub -area impact analysis and parking, land use and neighborhood studies. Experience Project Manager for Transportation Study - Inver Grove Heights, Minnesota Determined traffic impact of proposed commercial and residential developments. Recommended mitigation strategies and roadway improvements in order to maintain an acceptable level of traffic operations along roadways adjacent to the proposed developments. Project Planner for Transportation Plan - Dakota County, Minnesota Assisted in the calibration of computer model of roadway network, conducted parcel by parcel inventory of land uses within the County and applied trip generation rates to each land use. Developed short range and long range average daily traffic and p.m. peak hour traffic forecasts by integrating the comprehensive plans of all communities within the County. Identified potential transportation facility deficiencies within the County. Transportation Planner for 32nd Avenue South Corridor Study - 3 Fargo, North Dakota Used microcomputer to analyze various land use and transportation scenarios. Identified current and potential capacity deficiencies and land use conflicts. Developed Policies for implementation of recommended land use and transportation improvements. Transportation Planner for West Fargo Transportation Study - West Fargo, North Dakota Review and project socioeconomic data for use in computer generated traffic forecasts. Assist in capacity and circulation analysis based on the impact of a new high school. Developed recommendations to amend current highway plan. i f Land Use Planner for Fargo, North Dakota - Moorhead, Minnesota Prepared "Metropolitan Land Use Report ". Compiled and analyzed field data and other sources. Developed recommendations and identified land use trends and changes. 4 - 14 - t 1 i PROFESSIONAL STAFF FIRM: SHORT - ELLIOTT- HENDRICKSON, INC. ' I ADDRESS: 222 E. Little Canada Rd. I St. Paul, MN 55117 (612) 484 -0272 4 YEAR FOUNDED: 1927 STAFF: 37 Professional Engineers I 13 Graduate Engineers Principal (3) i Technical Review /Operations (2) ! i Municipal (21) I Airport (3) Downtown Redevelopment (2) Geotechnical (1) Sanitary (3) Structural (4) Transportation (5) Waste Management (2) Water Resources (4) 3 Registered Architects 3 Graduate Architects 1 Landscape Architect 1 Airport Planner 2 Transportation Planners 1 Planner 1 Limnologist 44 Technicians 11 Construction Project Representatives 4 6 Survey Party Chiefs 9 Survey Crew Members I 28 Administrative 160 TOTAL STAFF* PROFESSIONAL PRACTICE: Engineering- Architecture - Planning CLIENTELE: Federal, State, County and Municipal Governments, Agencies, Commissions, Industry ( *Temporary /part -time employees not included) - 15 - SIMILAR PROJECT EXPERIENCE As part of the ongoing services provided to its municipal clients, SEH is involved in preparation of land use plans, transportation plans and environmental assessments and impacts. This involvement stems from technical analyses of utility services and transportation systems and from social and economic planning often as part of an overall study coordinated by SEH. - 16 - 01 URBAN PLANNING EXPERIENCE CENTRAL BUSINESS DISTRICT IMPROVEMENTS - DETROIT LAKES, MINNESOTA Concept plans to enhance the overall image of downtown Detroit Lakes by identifying redevelopment areas, and areas where "beautification elements are required. Beautification elements based on a turn -of- the - century theme include: decorative streetlights, pavers, benches, fencing and historic displays relating to Detroit Lakes past. Landscape elements used for beautification include: extensive street tree and shrub plantings, planter boxes and a man -made waterfall with reflecting pool. Project required close coordination between civic groups, project task force, planning department and city council. SHANNON PARKWAY - ROSEMOUNT, MINNESOTA Landscaping plans developed to mitigate impact of traffic on adjacent land owners. Project required photographic analysis to document areas in need. Plant materials used functionally to buffer residents and aesthetically to enhance image of parkway project and neighborhood. 85TH AVENUE - BROOKLYN PARK, MINNESOTA Established sidewalk alignment and landscaping for a highway beautification project. Project included 2.75 miles of improvements from Humboldt to Zane Avenue. Landscape architecture duties includes concept developments, feasibility studies, architectural renderings, working drawings and coordination with property owners, developers and city officials. Project also included roadway reconstruction, traffic signal design, and utility work. i MAIN STREET - ANOKA, MINNESOTA Landscape architecture designs provided for beautification project of the East Main Street from 5th to 7th Avenue in downtown Anoka. Design work included concept development, alternative designs, illustrative graphics, plans and - 17 - specifications, cost estimating and inspection. Project also included downtown renovation, roadway improvements and utility work. MAIN STREET BRIDGE - ANOKA, MINNESOTA Landscape architecture and planning provided for a pedestrian ramp and path underneath the west side of the bridge. Linkages to the park trail system and extensive landscaping including street trees and planters were designed. An open -air patio overlooking the Rum River Dam was laced adjacent to City Hall an p add a e y d provided p the handicapped access to the riverfront. The project also included structural roadway nd traffic design. n. g ZONING ORDINANCE UPDATE AND CITY BEAUTIFICATION - WYOMING, MINNESOTA An inventory /analysis of existing commercial, industrial, residential and recreational areas was completed. Developed concepts for improving City's functional and aesthetic concerns. Worked with City officials to amend zoning ordinance. INDUSTRIAL PARK LAYOUT - NEW RICHMOND, WISCONSIN Provided site planning for layout of industrial park. Concept development includes integrating recreational and beautification features into the park. CONCEPT PLANS - CAMBRIDGE MINNESOTA Developed concept plans for urban growth as a result of T.H. 65 relocation east of downtown. Evaluated vehicular and parking options, improved highway entry images and promoted downtown beautification. The study included a site and photographic analysis defining key downtown issues, design of an entry sign for Highway 95, revised street alignment to improve access to the Pamida shopping area, and plans for linking downtown with the Highway 65 commercial corridor. Main Street concept plans consisted of elevation drawings of improved streetscape before and after storefront facade renovation, options for Main Street - 18 - parking, and a perspective drawings of Main Street to illustrate the functional and aesthetic qualities of the various interrelated elements. - 19 - TRANSPORTATION PLANNING PROJECTS BROOKLYN CENTER, MINNESOTA A comprehensive traffic study was made of the Brookdale Regional Shopping Center retail area, the Earle Brown farm commercial and industrial area and the commercial and industrial area north of Interstate 694. The study provided an analysis of the land use and traffic generated by every parcel in the development. MARSHFIELD, WISCONSIN A study was made of traffic flow across a railroad track which bisected the City. A number of inplace and potential railroad crossings were studied in terms of at -grade improvements or sepa- rated crossings. ROSEVILLE, MINNESOTA A study of the Rosedale Regional Shopping Center commercial area and the adjacent commercial and industrial lands reaffirmed the need for a new bridge across Interstate 35W. BURNSVILLE, MINNESOTA Several traffic studies have been made, mostly relating to the Burnsville Regional Shopping Center Area. MINNETONKA, MINNESOTA A study of traffic flow at the Ridgedale Regional Shopping Center was made including a detailed analysis of numerous intersections surrounding the center. The analysis included operations with the present road system, with the final Interstate 394 system inplace and during construction. ANOKA, MINNESOTA Several alternative alignments for extending Thurston Avenue over the Burlington Northern railroad tracks from Highway 10 to a commercial and industrial zoned area were devised and evaluated. - 20 - of 19 NORTHFIELD, MINNESOTA A comprehensive transportation plan was prepared for the City of Northfield and its immediate adjacent areas. The study included evaluation of several potential river and railroad crossings. FARIBAULT, MINNESOTA SEH provided a community -wide transportation study for the City of Faribault. Included in this analysis was a complete sign inventory, an analysis of the operation of all roadways in the City and a long range plan for additional accesses across rivers and railroad tracks as well as consideration of additional interchanges with the interstate freeway system. GOLDEN VALLEY, MINNESOTA Two studies were recently completed for the City. The first ana- lyzed the impact of specific office and hotel development in the I -394 corridor. The second study involved traffic analysis for a major redevelopment area along the TH 12 /I -394 highway corridor. ST. LOUIS PARK, MINNESOTA A traffic analysis of the west area of the Knollwood Regional Shopping Center resulted in redesign of Aquilla Avenue and of 37th Street. FREDERIC, WISCONSIN A comprehensive traffic study was made for the entire City of Frederic.- This included reevaluation of all traffic controls, street systems and signs. i SOUTH ST. PAUL, MINNESOTA A study of access to a major industrial area and to a river port resulted in recommendations for a new connecting roadway. The roadway utilized some existing roads but also required the installation or modification of seven railroad crossings. 21 - FARGO- MOORHEAD COUNCIL OF GOVERNMENTS A preliminary transportation plan evaluation was undertaken for the Fargo- Moorhead Council of Governments. The concept plan utilized computer programs for establishing a base system. MARSHALL, MINNESOTA A long standing city concept for development of a ring road around the outside perimeter of the City was evaluated and modified. LINO LAKES, MINNESOTA A comprehensive analysis of all roads in the City of Lino Lakes resulted in the development of a municipal state aid street system. ROSEMOUNT, MINNESOTA A comprehensive analysis of all streets and roads within the City of Rosemount was made resulting in development of a municipal state aid street system for the City of Rosemount. MENASHA, WISCONSIN A very detailed study of the movement of traffic in the downtown area is being made. The evaluation includes an analysis of the capacity of the two bridges serving the downtown area, recommendations for designation of thru streets, recommendations for intersection improvements in the downtown area and determination of the routing of a state trunk highway. RIVER FALLS, WISCONSIN An evaluation of the need for improvements to State Highway 35 from River Falls north to Interstate 94 and of the proposed River Falls Bypass was made. 22 - CHIPPEWA FALLS, WISCONSIN An evaluation of traffic flow in and around the downtown area was made. The study resulted in the determination of need for an additional two blocks of street to provide an east side bypass. BLACK RIVER FALLS, WISCONSIN Construction is now complete on total renovation of five blocks of Highway 54 which is the main business street in the downtown. ASHLAND, WISCONSIN The six block project in Ashland's central business district in- cluded total renovation of existing utilities and restoration of the street with beautification elements. WHITE BEAR LAKE, MINNESOTA As part of the revision of the comprehensive plan, SEH personnel developed a concept for roadway extensions to an area previously identified for commercial and industrial use. The new plan re- quired modifications to an interstate highway ramp and a state highway as well as modifications to a previously proposed road. REEDSBURG, WISCONSIN In conjunction with a local consultant, SEH has provided parking and traffic engineering expertise to a downtown study. SEH has made recommendations for several changes in traffic controls and assisted in the analysis of parking. WILLMAR, MINNESOTA SEH prepared a parking and traffic study for the entire CBD. The results of the traffic study were accepted and led to SEH preparing a redevelopment plan. - 23 - STILLWATER, MINNESOTA Several elements of an overall improvement plan have been completed, including renovation of property and construction of a major parking lot. Reconstruction of some city streets and utilities, along with changes in traffic controls, have reduced earlier traffic congestion. WORTHINGTON, MINNESOTA SEH is now completing a traffic and parking study of Worthington. This study focuses on the downtown area but includes access to the downtown from several directions as well as an overall transportation plan. ORTONVILLE, MINNESOTA SEH has completed the first phase of its study in its efforts to coordinate the various organizations to provide economic redevelopment of the existing business community. Included in the first and second phase of the study is a traffic and parking plan. MORA, MINNESOTA A downtown renovation concept plan was recently presented to the Downtown Task Force. This study included evaluation and recommendations for a former railroad track area. The area includes parking lots, streets, access to service areas and beautification elements. BAYPORT, MINNESOTA New streets, sidewalks, street lighting and beautification elements were constructed in conjunction with a county road rehabilitation project. d JACKSON, MINNESOTA Rehabilitation of 21 blocks in the downtown area took place in 1984. Included in the preliminary study was a total evaluation of traffic and parking. - 24 - SOUTH ST. PAUL MINNESOTA SEH was involved in a downtown parking ramp which resulted in the recommendation of a parking study and redesign of a major parking lot. RUSH CITY, MINNESOTA The single block of this small downtown area was reconstructed to provide for additional parking, beautification areas and increased safety. NORTH ST. PAUL, MINNESOTA This downtown pedestrian streetscape improvement project utilized included both angle and parallel parking to take advantage of an extremely wide street right -of -way. NORTH BRANCH, MINNESOTA A preliminary traffic study was undertaken for the City of North Branch in conjunction with their proposed downtown renovation. ARDEN HILLS, MINNESOTA Reevaluation of several segments of the comprehensive plan as they relate to transportation and of the municipal state aid street system have been made by SEH. MOUNDSVIEW, MINNESOTA SEH has undertaken several studies including traffic signal design, intersection analyses, intersection design and subdivision analyses. NEWPORT, MINNESOTA A truck route plan was developed by SEH. The proposed reconstruction and relocation of an intersection on Highway 61 along with changes in traffic signals at other intersections was part of work performed by SEH for the City. - 25 - BLOOMINGTON, MINNESOTA A traffic analysis was performed at Normandale Boulevard at West 84th Street. Past, existing and future roadway volumes were studied. EAGAN, MINNESOTA A traffic impact study of the proposed Eagan Hills Farms Development was provided. The site included more than 500 acres of primarily residential uses. ALTOONA, WISCONSIN SEH serves as city engineer for Altoona which is a member City of the Eau Claire Area Metropolitan Planning Organization (MPO). The MPO transportation subcommittee recognized the need to preserve a future corridor for an arterial link between the cities of Altoona and Eau Claire through Washington Township. Because Altoona was chosen to be the lead agency in the corridor mapping, SEH was commissioned to do a route study and final alignment mapping of the future highway. This corridor will be entered on the official maps of all three governmental bodies to preserve the right -of -way from development. ST. CLOUD, MINNESOTA SEH was hired in the fall of 1988 to provide technical assistance to the St. Cloud Area Planning Organization during its development of a long -range transportation plan. The technical assistance included reviewing all data inputs and assumptions, coordinating with the computer software developers for trouble shooting, documentation of major decisions made during the model calibration and producing color graphics summarizing study results. This study was completed in February 1989. APPLE VALLEY, MINNESOTA SEH was hired in late 1987 by the City of Apple Valley to develop a city -wide comprehensive transportation plan in coordination with the planning activities of Dakota County and the cities of Eagan and Inver Grove Heights. - 26 - ROCHESTER, MINNESOTA SEH evaluated the downtown bus terminal and transfer area. HORSE RACING FACILITIES SEH was involved in the planning of access roads and parking areas for proposed horse racing tracks in Lakeville and in Woodbury. HOTEL SITES Evaluation of parking needs and traffic impacts for proposed hotel developments were made for Shoreview, Burnsville and Fridley. SHOPPING CENTERS SEH undertook a comprehensive parking study of the Apache Plaza Shopping Center in St. Anthony. Studies were also made of the Westbrook Mall in Brooklyn Center and the 7 -Hi Center in Minnetonka. WAREHOUSE FOOD STORES SEH has been employed to develop access plans and parking plans for two locally based major warehouse -type food stores. RENAISSANCE FESTIVAL A comprehensive analysis of traffic flow at the proposed relocated Renaissance Festival in Lakeville, Minnesota was made. SPECIFIC DEVELOPMENTS A number of communities employ SEH to undertake a traffic and parking analysis of proposed developments. These can include office sites, commercial facilities, shopping areas, or recreational facilities. MISCELLANEOUS STUDIES The College of St. Thomas in St. Paul utilized SEH to undertake a traffic study of both on- campus and off - campus parking. - 27 - PARK PLANNING EXPERIENCE RICHARD WALTON PARK EXPANSION - OAKDALE, MINNESOTA Expansion of park into a designated wetland area. New park facilities include six softball fields and three basketball courts. Landscaping used to mitigate wetland impacts by enhancing wildlife habitats along perimeter of outfield adjacent to marsh. Wildlife habitat islands designed to provide food and shelter to a wide variety of animals and birds. Project approved by both state and federal agencies, a grant was awarded for developing plan. Final design and layout of facilities required a close working relationship with city officials to achieve desired goals. PALMER LAKE 6f CONVERSION PROCESS - BROOKLYN CENTER, MINNESOTA Realignment of 69th Avenue at Shingle Creek Parkway impacted park land acquired through L.A.W.C.O.N. program, National Park Service requires property to be replaced. Duties include: assisting transportation engineers with future alignment, coordinating state offices of D.N.R., T.E.D., and Minnesota Historic Society with City officials in Brooklyn Center. Develop 6f process boards for city, evaluate replacement properties for environmental impacts, review S.C.O.R.P. data, grants and develop an environmental assessment worksheet. Develop conceptual design for landscaping to improve park aesthetics after realignment. SUNNYSIDE PARK - BLAINE, MINNESOTA Concept plans developed for City Park Board and Water Department to integrate a ground level water reservoir and park facility into a residential neighborhood. Sides of reservoir were backfilled to blend into landscape and to serve as a sliding hill. Extensive landscaping was used to beautify the park and screen adjacent property owners. Park program elements included football /soccer fields, softball field, ice hockey, multi -use courts, sliding hills, wooded picnic facilities, parking lot, - 28 - trail system, warming house and rest rooms. Project required close park board and citizen participation in the design process. AUSTIN PARK - BLAINE, MINNESOTA Feasibility study conducted in order to evaluate and resolve park layout problems, adjacent property owner conflicts and poor site drainage. Concept plans resulted in a grading plan which solved drainage and layout problems thus creating more usable space for additional recreational use areas. A landscape plan beautified the park and at the same time screened negative views which appeared to adjacent property owners. Park program elements now include a football /soccer field, softball field, ice skating area, multi -use court, horseshoe court, tennis courts, playground, wooded picnic facilities, parking lot and 1,200 feet of trails. RIVERVIEW PARK - EAU CLAIRE, WISCONSIN Feasibility study conducted in order to evaluate and resolve areas of conflict and congestion at the existing Riverview Park boat ramp facility. Three concept alternatives with associated costs were developed for Park Board review. Key points of study resolved problems associated with siltation around boat ramp, boater /swimmer conflict areas, picnic groups, vehicular access, parking and landscaping needs. CHIPPEWA RIVER CORRIDOR STUDY - CHIPPEWA FALLS, WISCONSIN Comprehensive study for park department to identify recreational needs and opportunities. Project required close coordination and meetings with Park Board, regulatory agencies and land owners along the river. Phase I dealt with inventory /analysis of existing conditions. Phase II dealt with alternative concept development and Park Master Plan Development. Environmentally sensitive area required special attention due to presence of endangered species including bald eagles. Plans and recommendations developed to balance recreational needs with environmental concerns. - 29 - PELICAN RIVER NAVIGATION RESTORATION ASSOCIATION - DETROIT LAKES, MINNESOTA Feasibility study examining existing conditions which limit boating on the chain of lakes from Detroit Lake to Big Pelican Lake. Project includes photographic analysis, measure and record dimensions of related structures on river, sketch plan and elevation drawings of all river structures, collection and analyze data on mechanical portage systems, develop preliminary concepts, illustrative graphics, concept plan refinement and landscape architectural /planning report. HASSAN TOWNSHIP PARK - ROGERS, MINNESOTA Prepared neighborhood park design including football /soccer fields, softball fields, ice hockey with warming house, picnic pavilion, children's play area and parking facilities. ZUMBRO RIVER, FLOOD PROTECTION STAGE 1 -B, CORPS OF ENGINEERS - ROCHESTER, MINNESOTA Landscape architecture and planning provided for this project which involved water resources, hydraulics, structural and general civil engineering. LOWER RUM RIVER CORRIDOR - ANOKA, MINNESOTA An urban and recreational design was completed for a river study. Elements included riverfront park design, architectural renovation, planned unit development, multifamily units, flood plain design and trail system development. LOWELL PARK - STILLWATER, MINNESOTA Extensive redesign of Lowell Park is an important part of comprehensive planning for Stillwater's Downtown area. Project elements include a riverfront pedestrian walkway, replacing a riverwall with a new structure, adding a landscaped berm to screen parking and mitigate flooding, adding a riverboat landing plaza, using decorative park lights, benches and fending in Victorian gardens with classical park elements. The historic 30 - im significance of Lowell Park required extensive research and attention to detail. Stillwater's image and ambience are directly related to maintaining a well planned improvement process. These new design elements reinforce the old to maintain a positive link with the P ast. HO IM- i i - 31 - LANDSCAPE ARCHITECTURE /PLANNING PROJECTS Streetscape Planning 1988 Rochester, Minnesota Industrial Park Landscaping 1988 Thorp, Wisconsin River Corridor Study 1988 Chippewa Falls, Wisconsin Office Complex Landscaping 1987 Chippewa Falls, Wisconsin Streetscape Landscaping 1987 Anoka, Minnesota Riverside Park Planning 1987 Eau Claire, Wisconsin Parkway Landscaping 1987 Rosemount, Minnesota Central Business Dist. Planning 1987 Detroit Lakes, Minnesota 85th Avenue Reconstruction 1987 Brooklyn Park, Minnesota Austin Park 1987 Blaine, Minnesota Sunnyside Park 1987 Blaine, Minnesota ~ Park Facilities Study 1987 Oakdale, Minnesota Tanners Lake Park Boat Launch 1986 Oakdale, Minnesota Rum River Corridor Study 1986 Anoka, Minnesota Pelican River Navigation Restoration 1986 Detroit Lakes, Minnesota Office Complex Landscaping 1986 Roseville, Minnesota - 32 - LANDSCAPE ARCHITECTURE /PLANNING PROJECTS Industrial Park Planning 1985 New Richmond, Wisconsin Hassan Park Planning 1985 Rogers, Minnesota Cinder City Park 1984 Altoona, Wisconsin Gazebo Renovation 1982 Stillwater, Minnesota River Walkway Park 1980 Prescott, Wisconsin Ice Arena Improvements 1980 Stillwater, Minnesota - 33 - HISTORY OF FIRM AND GENERAL QUALIFICATIONS Short - Elliott- Hendrickson, Inc., (SEH), is a multidisciplined firm of engineers, architects and planners. Since 1927, SEH has been serving clients in both Minnesota and Wisconsin. The majority of SEH's work is provided to public entities including municipalities, counties, and federal and state agencies and commissions. With this background, SEH is experienced in and familiar with all areas of public improvements. The firm is qualified to provide services from feasibility studies to construction inspection. SEH employs an experienced staff with diverse backgrounds to provide a variety of services in the following area: o Airports o Pavement Mangement o Architecture/ o Planning Landscape Architecture o Structural o Downtown o Transportation o Environmental o Water Resources o Municipal With an office in Chippewa Falls, Wisconsin and headquarters in St. Paul, Minnesota, SEH has a full -time staff of 160 including 50 engineers, five architects, one landscape architect, four planners, design technicians, drafters and supporting administrative personnel. Many staff members have been with the firm for a number of years and enjoy a proven record of service to clients. These individuals' specialties are enhanced by experienced project managers who offer clients timely and cost- effective assistance. SEH has served hundreds of clients throughout the years with more than 75 municipal and county clients currently active. We are proud to say that eight communities have been served by SEH continuously for the past 25 years. We believe this reflects highly of SEH's professional commitment to the relationships with our clients and the technical and communication skills of our staff. - 34 - METHOD OF PROVIDING SERVICE SEH believes in providing quality service in a consistent and organized manner. Through the years, the method of service adopted by SEH has proven to be both an efficient and highly satisfactory way to provide professional engineering and architecture services. Work is accomplished in the following manner: ... Involvement of Client Service Representative with each client. " . Assignment of a permanent project manager. "" Coordination of all activities between the firm and the client provided by the project manager regardless of project type or services performed. Establishment of effective communications with each client assuring proper project recognition. By assigning one engineer or architect as project manager, one person is then involved in all phases of the project from design through construction and becomes familiar with the entire project. This assignment gives SEH project managers a thorough background and increased skills in all project areas. Future projects will benefit from the project managers feedback of construction experience. Assignment of field personnel is made by selecting construction surveyors and inspectors most familiar with a particular type of project and the client. The project inspector orders survey crews through a single dispatcher. Construction staking is given priority over other survey work. 35 - SERVICE GOALS SEH's service goals represent the firm's commitment to the practice of providing the highest possible quality engineering and architecture services. Each project is treated individually while reflecting the overall goal of serving the clients' best interests. SEH's client service goals include the following functions: " ' Developing a working partnership with client. ... Providing understandable reports with an accurate estimate of project costs. ... Preparing detailed, yet clear, plans and specifications reducing the need for bidder contingency factors and change orders during construction. ... Appointing an experienced resident project representative for inspection and staking. ... Maintaining accurate "construction record" drawings for client files. Encouraging owner participation on project final ••. inspection. Providing post project (11 month) review with owner to } determine any project deficiencies. To meet the client's expectations, projects must be clearly defined, properly planned and specified, and closely observed during construction. This philosophy has made SEH a major upper midwest engineering /architecture and planning organization widely recognized for the emphasis placed on client satisfaction. - 36 - SCOPE OF SERVICES SEH meets the wide range of requirements for engineering/ architectural services by providing services in the following areas: o Airports o Architectural o Computer Services o Construction Services o Downtown Redevelopment o Environmental o Geotechnical o Grants Assistance o Highways o Landscape Architecture o Municipal o Pavement Management o Planning o Recreation o Structural o Transportation o Water Resources Following are brief introductions to each service area of the firm: AIRPORTS SEH has the experience and capabilities to provide complete professional services from initial planning to supervision of construction including Airport Layout Planning and Master Planning. Areas of expertise include aviation forecasting, environmental studies, design services, airport architecture, airspace planning, airport zoning and construction engineering services. The firm maintains a complete and up -to -date library of State and Federal airport publications and standards. - 37 - ARCHITECTURAL The firm's expanding architectural department has provided site planning, building design space planning and cost estimating services for many clients. In addition, the department can provide building programming, interior design, remodeling /renovation and space analysis studies. Project types range from commercial and residential multi- dwelling units to municipal buildings and park facilities. COMPUTER SERVICES Work is assured efficient and accurate completion through the use of a variety of computer programs. Computer Aided Drafting and Design (CADD) provides assistance on numerous projects. In addition, computers are used for total station surveys, topographic plotting, traffic forecasting and hydraulic design. Other areas which make use of computers include the coordination of geometric layouts, pavement design, data communication, structural analysis, project management, cost estimating and earthwork computations. CONSTRUCTION SERVICES A complete construction management staff can assist in all project phases. Services available include surveys and staking, construction observation, project representation, nuclear density testing, traffic control, easements and record drawings. DOWNTOWN REDEVELOPMENT The skills of the architecture, landscape architecture /planning and engineering departments combine to provide a complete downtown redevelopment team. Areas of service include streetscape and malls, pedestrian plazas, infrastructure rehabilitation, traffic and parking management, district heating and decorative lighting. The firm can also help city governments to determine a project's financial feasibility, apply for grant assistance, form a citizen task force, and implement the redevelopment. - 38 - ENVIRONMENTAL This department has the capacity to undertake projects ranging from studies and assessments to complete design of wastewater treatment plants. Staff members can assist with the start -up of treatment facilities providing operations and maintenance manuals, operator training, and user charge systems. Additional services include water treatment, infiltration /inflow analysis, sludge management programs, pretreatment programs, flow reductions, cost recovery, resource recovery, solid waste management, facilities renovation, operations investigations, value engineering, waste to energy studies, and lake studies. GEOTECHNICAL SEH has recently added geotechnical engineering to its services. Project areas will include staged embankment construction of soft ground, deep and shallow foundations, groundwater seepage, earth dams, pavement design, sheetpile walls, and geotechnical instrumentation. Geotechnical services will be limited to engineering design and analysis. GRANTS ASSISTANCE SEH is experienced in assisting clients obtain funding for their projects. Staff members can help clients with capital improvements planning, grants and aids applications and administration, assessments, and feasibility studies. HIGHWAYS SEH has extensive experience in providing designs and plans for all types of urban and rural roadways. Typical projects include residential streets, municipal state aid systems, arterial and limited access highways, and interchanges. Traffic engineering services can supplement or precede any design. - 39 - LANDSCAPE ARCHITECTURE Projects from downtown improvements to park planning can include the services of a landscape architect /planner. In addition to providing landscape and planning services, the department works with earth moving, land analysis and model building at various scales. The landscape architect /planner also provides many illustrative graphics for presentations to civic groups and public meetings. MUNICIPAL Numerous communities and counties are served by the municipal department which provides a variety of planning and design services. During both new development or community improvement programs, the municipal department can provide studies and designs of street systems, storm drainage systems, sanitary sewers, water systems, infrastructure investigations, site planning and development, pavement management programs, and industrial park development. Areas of service also include capital improvements planning, public hearings, assessment roles, utility rate studies, mapping, and public facilities inventories. PAVEMENT MANAGEMENT This department helps communities and counties manage their street systems with the aid of the SEH Pavement Manager Program. A combination of engineering expertise and computer assessments results in budget recommendations for street maintenance and capital improvements. Services available include complete street inventories, pavement surface condition ratings, and engineering evaluations and recommendations. PLANNING The diversity of urban and rural planning issues requires the skills of several SEH departments to provide complete and thorough service which addresses existing and future needs. The firm's approach to comprehensive planning will provide a functional guide for orderly, progressive growth. Land use - 40 - planning, transportation studies, environmental assessments and impacts, parks, parking systems and theme interpretation can all be a part of planning activities. Illustrative graphics packages and visual analyses can enhance planning studies. RECREATION SEH can provide a review of existing recreational facilities as well as planning and design services. Typical projects .include park development at the state, county or local level, marinas, shelters, sport facilities, and bike and pedestrian trails. STRUCTURAL The structural department prepares designs for bridges, culverts, hydraulic structures, retaining walls, buildings, foundations and flood walls and provides structural investigations and risk assessments as well. Inspection and rating services are also available. TRANSPORTATION SEH provides a comprehensive service for transportation planning and traffic engineering. A wide range of services are available including traffic forecasts, transportation plans, traffic studies, parking studies and design, traffic control plans, traffic signal and sign designs, safety studies, traffic impact studies and roadway designs. WATER RESOURCES Surface water management for both municipalities and watershed management organizations represent one aspect of the services provided by this department. The department also provides specialized services in the areas of flood control, storm water facility design, hydraulic structures, dam safety, erosion _ control, water quality, environmental enhancement and wetland encroachment mitigation planning. Staff members have an extensive background in a variety of computer applications used in these areas. - 41 - PARTIAL LIST OF SEH RECENT CLIENTS - MINNESOTA June 26, 1989 Anoka Inver Grove Heights Princeton Apple Valley Jackson Rochester Arden Hills Lake St. Croix Beach Roseau Baudette Lakeland Rosemount Bayport Lilydale Roseville Blaine Lino Lakes Rush City Brainerd Little Canada St. Anthony Brooklyn Center Maplewood St. Louis Park Brooklyn Park Mahtomedi St. Paul Buffalo Marshall Sauk Rapids Burnsville Maynard Shoreview Cambridge Mendota Heights South St. Paul Cass Lake Milan Stillwater Champlin Minneapolis Two Harbors Cold Spring Mora Vadnais Heights Coleraine Morgan Waverly Coon Rapids Morristown Wayzata Detroit Lakes Mounds View White Bear Lake Eagan Newport Willmar Edina Nininger Township Winona Faribault North St. Paul Windom Fergus Falls Oakdale Worthington Fridley Orr Wyoming Golden Valley Ortonville Grand Rapids Plymouth Ham Lake Hassan Township Anoka County Bureau of Indian Affairs Corps of Engineers - St. Paul District Corps of Engineers - Omaha District Dakota County Dept. of Military Affairs - Camp Ripley Hennepin County Metropolitan Transit Commission Metropolitan Waste Control Commission Mille Lacs County Minnesota Department of Transportation Minnesota Department of Public Safety Minnesota Department of Natural Resources Minnesota Landmarks Ramsey County Scott County Steele County Stearns County 3M Company United States Department of Agriculture- Forest Service United States Postal Service Veteran's Administration Washington County Browns Creek Watershed Management Organization Middle St. Croix Watershed Management Organization E. Mississippi Watershed Management Organization - 42 - REFERENCES I CITY OF ANOKA CITY OF FRIDLEY Mr. Ray Schultz, Mr. John Flora, Director of Public Works Public Works Director 2015 1st Ave. No. 6431 University Ave. N.E. Anoka, MN 55303 Fridley, MN 55432 Telephone Tele p - 612- 421 -6630 Telephone - 612 -571 -3450 ANOKA COUNTY CITY OF GOLDEN VALLEY Mr. Paul Ruud, P.E. Mr. Mark Grimes, County Engineer Director of Planning 325 E. Main Street 7800 Golden Valley Road Anoka, Minnesota 55303 Golden Valley, MN 55427 Telephone ne - 612 - 421 -4760 Telephone - 612 - 593 -8000 CITY OF BAYPORT CITY OF INVER GROVE HEIGHTS Mr. John Burkhardt, Mr. Gary Johnson, Public Works Supt. Public Works Director 294 No. 3rd Street 8150 Barbara Ave. Bayport, MN 55033 Inver Grove Heights, MN 55075 Telephone - 612- 439 -2530 Telephone - 612- 457 -2111 CITY OF BROOKLYN CENTER CITY OF LINO LAKES Mr. Sy Knapp, Mr. Randall Schumacher, Director of Public Works Administrator 6301 Shingle Creek Parkway 1189 Main Street Brooklyn Center, MN 55430 Lino Lakes, MN 55014 Telephone - 612 -755 -2880 Telephone - 612 -464 -5562 CITY OF BROOKLYN PARK CITY OF MAPLEWOOD Mr. Braydon Boeck, Mr. Ken Haider, Interim City Engineer Director of Public Works 5800 85th Avenue No. 1902 East County Road B Brooklyn Park, MN 55443 Maplewood, MN 55109 Telephone - 612 - 424 -8000 Telephone - 612 - 770 -4550 CITY OF BURNSVILLE CITY OF MORA Mr. Chuck Siggerud, Mr. Bob Filson, City Engineer City Administrator 1313 E. Highway 13 117 S.E. Railroad Avenue Burnsville, MN 55337 Mora, MN 55051 Telephone - 612 -890 -4100 Telephone - 612 -679 -151 CITY OF COON RAPIDS CITY OF MOUNDS VIEW Mr. William Ottensmann, Mr. Donald Pauley, City Engineer Clerk /Administrator 1313 Coon Rapids Blvd. 2401 Highway No. 10 Coon Rapids, MN 55433 Mounds View, MN 55112 Telephone - 612 -755 -2880 Telephone - 612 -784 -305 i CITY OF NEWPORT - 43 - SCOTT COUNTY Mr. Brad Larson County Engineer 600 Country Trail East Jordan, MN 55352 Telephone - 612 - 937 -6346 WISCONSIN DEPARTMENT OF TRANSPORTATION Mr. Del Laughlin Chief Design Engineer 1701 No. 4th Street Superior, WI 54880 Telephone - 715- 394 -0571 ST. CLOUD AREA PLANNING ORGANIZATION Mr. William G. Hansen Executive Director 665 Franklin Ave. N.E. St. Cloud, MN 56301 Telephone - 612 - 252 -7568 i i i f t i i - 45 - �a Licenses to be approved by the City Council on July 24, 1989: FOOD ESTABLISHMENT Border States Foods, Inc. 221 Broadway, Alexandria Hardee's 1601 Freeway Blvd. �j Sanitarian GARBAGE AND REFUSE COLLECTION VEHICLE Gordon Rendering P. 0. Box 12785 Peterson Brothers Sanitation, Inc. 740 Industry Avenue T & L Sanitation 8201 Logan Ave. N. Sanitarian ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Department Youth 6301 Shingle Ck. Pkwy. Sons of Norway Brookdale Center ' A ' /X . Sanitarian MECHANICAL SYSTEMS A. Binder & Son, Inc. 120 E. Butler Ave. Daytons Bluff Sheet Metal, Inc. 1400 E. Highway 36 Modern Heating & A /C, Inc. 2318 First St. NE n Preferred Sheet Metal, Inc. 90 West Woodlynn Ave. Building Official RENTAL DWELLINGS Initial: Willard Blakeborough 5235 Great View Ave. N. Harriet J. Berg 620 - 53rd Ave. N. Renewal: Donald Parkin 5624 Camden Ave. N. Lyndon and Carole Carlson 5819 Halifax Ave. N. Michael L. Goodwin 5006 Howe Lane Robert M. Zappa 6637 Humboldt Ave. N. Patricia Zawislak 5543 Judy Lane Amos Levang 4100 Lakebreeze Ave. N. Leray and Keith Mortensen 4110 Lakebreeze Ave. N. Gary and Nancy Clark 4207 Lakesie Ave. N. #239 Henry Ulhorn 5207 E. Twin Lake Blvd. Joseph J. Kennedy 509 - 61st Ave. N. r � Outreach Group Homes, Inc. 507 - 69th Ave. N. C Director of Planning and Inspection SIGN HANGER Graphic House, Inc. 9204 Highway 29 West_ Building Official SPECIAL FOOD HANDLING ESTABLISHMENT Adventures in Video 6914 Brooklyn Blvd. Sanitarian • GENERAL APPROVAL: D. K. Weeks, City Clerk