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HomeMy WebLinkAbout1986 09-08 CCP Regular Session 197�� CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 8, 1986 7:00 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 - August 25, 1986 Regular Session 7. Resolutions: *a. Accepting Engineer's Report, Approving Plans and Specifications and Directin g Advertisement for Bids for Utility System Improvements as Required to Serve the Earle Brown Commons (Improvement Project No. 1986 -20, Contract 1986 -P) *b. Accepting Work Performed under Contract 1986 -H (Earle Brown Farm Tax Increment District Phase I Streetscape Improvements, Projec - P , P ect No. 1986 09 7 ) *c. Amending the Conditions of Approval Pertaining to Planning Commission Application No. 80005 (Thrifty Scot Motel) *d. Naming the Residents of Brookly Mich as Honorar Y g y Citizens of the City of Brooklyn Center. e. Authorizing the Mayor and City Manager to Enter into a Convention and Visitors Bureau Agreement f. Making Appointment to the North Metro Convention and Tourism Bureau g. Expressing Recognition of and Appreciation for the Dedicated Public Service of Mary Ellen Rabine h. Expressing Recognition of and Appreciation for the Dedicated Public Service of Richard Rabne CITY COUNCIL AGENDA -2- September 8, 1986 8. Planning Commission Items: 7:30 P .m. a. Planning Commission Application No. 86031 submitted by Codeco, Inc. requesting an appeal from -a determination by staff that a drop -in child care service is not permitted in the Westbrook Mall Shopping Center under the provisions of Section 35- 322.3q. This item was denied by the Planning Commission at its August 28, 1986 meeting. 1. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Drop -in Child Care Centers b. Planning Commission Application No. 86032 submitted by Spiritual Life Ministries, Inc. requesting special use permit approval to operate a religious training center in the industrial building at 1800 Freeway Boulevard. This item was recommended for approval by the Planning Commission at its August 28, 1986 meeting. c.. Planning Commission Application No. 86033 submitted by Lombard Properties requesting site and building plan approval to construct a plaza and pavilion in the central parking lot of the Shingle Creek Business Center north of Freeway Boulevard and west of Shingle Creek This item was recommended for approval by the Planning Commission at its August 28, 1986 meeting. d. Planning Commission Application No. 86034 submitted by Lombard Properties requesting questing amended special use permit approval to provide a new allocation of off -site accessory parking for the Ramada Hotel, Shingle Creek II, RCM Plaza and Parkway Place on the central lot at the above - referenced Shingle Creek Business Center.` This item was recommended for approval by the Planning Commission at its August 28, 1986 meeting. 9. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Earle Brown Commons Project) -This ordinance was first read on August 11, 1986, published in the City's official newspaper on August 21, 1986, and is offered this evening for a second reading. b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Administrative Permit Fees -This ordinance was first read on August 11, 1986, published in the City's official newspaper on August 21, 1986, and is offered this evening for a second reading. CITY COUNCIL AGENDA -3 September 8, 1986 10. Public Hearings: (8.00 p.m.) a. Hearing on Proposed Assessments for Shingle Creek Parkway Street Turnlane Improvement Project No. 1986 -07 1. Resolution Adopting Assessment for Street Improvement Project No. 1986 -07 b. Hearing on Proposed Assessment for 1986 Diseased 'Shade Tree Removal Costs 1. Resolution Certifying Diseased Shade Tree Removal Costs to the Hennepin County Tax Roll c. Hearing on Proposed Assessment for Public Utility Hookups 1. Resolution Certifying Public Utility Hookup Charges Y g Y P g to the Hennepin County Tax Rolls d. Hearing on Proposed Assessment for Delinquent Public Utility Accounts 1. Resolution Certifying Delinquent Public Utility Accounts to the Hennepin County Tax Rolls e. Hearing on Proposed Assessment for Delinquent Weed Destruction Accounts 1. Resolution Certifying Delinquent Weed Destruction Accounts to the Hennepin County Tax Rolls 11. Public Hearing: (8:00 p.m.) a. Public Hearing on Annual City Budget 12. Discussion Items: a. Review of Comprehensive Guide Plan Regarding Parkland Along Mississippi River South of 694 (North Mississippi Regional Park) b. Procedure for Declaring a Public Nuisance and Ordering the Removal of Diseased Shade Trees *13. Licenses 14. Proclamation Supporting United Ways Salute to Small Business 15. Adjournment ti i 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 AUGUST 25, 1986 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Pastor Bonn of Hope Lutheran Church. 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 in the audience 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 Theis requested that item 7d be removed from the Consent Agenda. RESOLUTIONS RESOLUTION NO. 86 -130 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT - 1986 -J (1986 SEALCOATING PROGRAM, PROJECT NO. 1986 -12) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -131 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION APPROVING AGREEMENT FOR INSTALLATION OF WATER DISTRIBUTION SYSTEM TO SERVE THE EARLE BROWN COMMONS The motion for the adoption of the foregoing resolution was duly seconded by 8 -25 -86 -1- i member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -132 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1986 -20 (UTILITY SYSTEM IMPROVEMENTS AS REQUIRED TO SERVE THE EARLE BROWN COMMONS) AND APPROVING AGREEMENT WITH WESTWOOD PLANNING AND ENGINEERING COMPANY FOR PROFESSIONAL SERVICES RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -133 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH AEC ENGINEERS AND DESIGNERS FOR TESTING AND INSPECTION OF FOUR SEWAGE PUMPING STATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -134 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE AMENDMENT OF A UTILITY SERVICE AGREEMENT WITH THE CITY OF ROBBINSDALE DATED SEPTEMBER 25, 1972 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -135 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING BROOKLYN CENTER, MINNESOTA AND BROOKLYN, MICHIGAN AS SISTER CITIES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: GARBAGE HAULERS VEHICLE LICENSE Gallagher's Service, Inc 1691 91st Avenue NE Mengelkoch Company 119 NE 14th Street Metro Refuse 8168 West 125th Street Waste Management - Blaine 10050 Naples Street NE Art Willman & Son 62 26th Avenue North Woodlake Sanitary Service, Inc. 4000 Hamel Road 8 -25 -86 -2- MECHANICAL SYSTEMS LICENSE Dayton's Bluff Sheet Metal, Inc. 1400 East Highway 36 RENTAL DWELLING LICENSE Initial: Martin and Barbara O'Hara 4201 Lakeside Ave. N. #113 L. Larry Law 4201 Lakeside Ave. N. #302 Robert Lerum 4207 Lakeside Ave; N. #332 Gary and Vikki Linder 7036 Morgan Ave. N. George and Etheljean McMullen 2403, 01 54th Ave. N. Robert and Cheryl Waite Campbell 5446 72nd Circle North Renewal: Keith L. Nordby 5964 Brooklyn Boulevard Bertil G. Johnson 6107 Brooklyn Boulevard Welcome Home, Inc. 6451 Brooklyn Boulevard Dwight Jereczek 6319 Brooklyn Drive Raymond and Anne Fritzke 5452 Fremont Avenue N. Ryan Lake Partners 3401 13 47th Ave. N Bernard Gilvin 3901 61st Avenue North M & J Properties p ies 2937 69th .Lane The motion passed unanimously. APPROVAL OF MINUTES - AUGUST 11 1986 --REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the August 11, 1986 City Council meeting. The motion a p sled. Mayor Nyquist abstained from voting as he was not present at the August 11, 1986 meeting. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Approving Contract for Construction of Cente rbrook Golf Course Buildings (Project No. 1985 -23, Phase II, Contract 1986 -K). Councilmember Theis stated that he had pulled this item from the Consent Agenda because of the concern expressed earlier regarding the low bidder and the City's lack of experience with the bidder. The Director of Public Works stated that the low bidder's references have all been checked and that all references have been good to excellent regarding this contractor. Councilmember Hawes asked if the completion date for the Little League Field was correct. The City Manager stated that all dates listed were correct. Councilmember Lhotka asked why City staff had recommended a metal roof. The City Manager stated that staff has noted a decrease in vandalism in the two parks which have these types of roofs on the buildings. RESOLUTION NO. 86 -136 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR CONSTRUCTION OF CENTERBROOK GOLF COURSE BUILDINGS (PROJECT NO. 1985 -23, PHASE II, CONTRACT 1986 -K) 8 -25 -86 -3- r 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 Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 4, 1986. He noted that this is the next step in the process for the Charter Amendment. Councilmember Theis stated that he had a number of concerns regarding the procedure used by the Charter Commission to decide on an amendment. He added that he would like to review his concerns for the Council and possibly have some discussion on it. Councilmember Theis stated that he was aware of certain instances in which people requesting copies of the Charter minutes did not receive them. He noted he was also concerned about the Charter Commission's policy for notices of meetings. He stated he had been informed that at. some Charter Commission meetings, members of the audience were allowed to come forward and voice their opinions, and yet at other meetings audience participation was not allowed. He stated that he feels there is room for disagreement on this issue but that both sides of the story should be heard fairly. Councilmember Theis also stated that he was not sure it was proper for the City Council and Charter Commission to both use the same legal counsel. He asked, if the amendment were passed, how would it affect the Council seats elected at this present election. He further explained that he feels if the only justification for changing the Charter is the cost savings, then surely here must be other was to cut the cost of the Y Y elections other than changing the City Charter. Mayor Nyquist asked the City Attorney what the consequences would be if the Council did not pass this resolution. The City Attorney stated that the Council has no discretion in removing this item from the ballot and that if the Council did not approve this resolution, the Charter Commission could take legal action. The City Attorney further explained that this amendment would not affect the current election. Mayor Nyquist asked Councilmember Theis if he was challenging the validity of the resolution. Councilmember Theis stated that he was not challenging the validity of the resolution, only expressing his concerns on how the issue reached the City Council. Mayor Nyquist stated that a public hearing had not been scheduled for this evening but if there was anyone present who wished to speak before the Council regarding this issue, they should come forward. No one appeared to speak, and he entertained a motion on a Resolution Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 4, 1986. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to table the Resolution Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 4, 1986. The motion passed unanimously. Councilmember Hawes stated that he felt the Charter Commission should hold a public hearing before the next Council meeting to receive public input on the 8 -25 -86 -4- issue. The City Attorney stated that the City Council cannot make the Charter • Commission hold a public hearing; they can only suggest that the Charter Commission do so. He added that the last regular City Council meeting that this item could be discussed at is the September 24, 1986 meeting. He stated that if a decision is not made on September 24, the last date to hold a special session of the City Council would be October 6, 1986 by 12:00 p.m. He added that neither side can spend public dollars to promote or oppose the issue. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 86030 SUBMITTED BY S & G ASSOCIATES REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A THREE STORY 24 UNIT BUILDING ON THE VACANT LAND EAST OF THE EARLE BROWN FARM APARTMENTS ON THE SOUTH SIDE OF 69TH AVENUE NORTH The City Manager noted this item was Y g recommended for approval pp 1 by the Planning Commission at its August 14, 1986 meeting. The Director of Planning & Inspection referred the Mayor and City Council to pages one through three of the August 14, 1986 Planning Commission minutes and the attached informational sheet with those minutes regarding this application. He briefly reviewed the application and stated that the property in question was originally owned by the Earle Brown Farm Apartments. He added that this area would not be subject to review b the Shingle Creek Y g Watershed Management Commission because o f the ' g size of the property. Councilmember Lhotka left the table at 7:42 p.m. The Director of Planning & Inspection stated that the City would review and approve the plans for grading and drainage. He stated that the Planning Commission did recommend approval of the application subject to 13 conditions which he briefly reviewed for the Council. Councilmember Lhotka returned to the table at 7:46 p.m. The Director of Planning & Inspection stated that a public hearing had not been scheduled for this evening but that the applicant is present if the Council has any questions. Councilmember Lhotka asked where the garage would be if it were added in the future. The Director of Planning & Inspection stated that it would be further to the west than what is shown. Councilmember Lhotka stated that he would prefer to see the garage put in now and not in the future. He asked if the applicant would respond to that statement. Mr. Jerry Carlson, the architect for the project, stated that the project would conform to the wishes of the Council. Councilmember Lhotka asked the City Attorney if the City Council has the power to require a garage on the project. The City Attorney stated that the Council could ask the applicant to submit new plans how' P showing P a garage P g a but that g g there is nothing in the ordinances which require the applicant to build a garage. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 86030 submitted by S & G Associates subject to the following_ conditions and including the amendment to condition No. 9: 8 -25 -86 -5- 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes and the i Housing Maintenance and Occupancy Ordinance P rior to the issuance of P e rmits. 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. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. The applicant shall submit an as -built survey of the property prior to release of the performance guarantee. 8. The plat creating the parcel for this development shall be filed at the County prior to the issuance of permits. 9. The plans shall be revised, prior to the issuance of building permits, in the following respect: a) The grading and utility plans shall be revised to indicate a water service and other grades and utilities in accordance with the City Engineer's memo dated August 8, 1986. 10. On -site hydrant locations y shall be in accordance with the recommendations of the Fire Marshal. 11. Outdoor handicapped parking spaces shall be signed in accordance with the handicapped code. 12. Approval does not comprehend future garages in the location indicated on the proposed plan. Such garages, if built, may not encroach into the utility easement for storm sewer along the east side of the property. 13. A security system and dead -bolt locks shall be provided at the entrances to the building in accordance with Section 35= 410, Subdivision of the Zoning Ordinance. 8 -25 -86 -6- II ___ 1 The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Creating Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging. He noted that this item was first read on July 14, 1986, published in the City's official newspaper on July 24, 1986, and was tabled at the August 11, 1986 City Council meeting. He stated that it was his recommendation that the Council pass the ordinance including the changes made by the Director of Finance and to withhold their approval of the organizational agreements. He added that he would like to see more public ` representation on the board. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Creating Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging, and inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized Jim Decker who stated he was the Chairman of the Task Force which initiated this issue and asked why the City Manager felt there was a need for more representation from the public. He added that the contract would only be for one year. Councilmember Theis asked for a clarification on the action that was to be taken this evening. The City Manager stated that the action taken this evening would pass the ordinance to allow the collection of the tax but that the Council would not be approving the contract with the organization itself. He noted that theoretically, if the Board of Directors was made up of 18 people, there could be 15 people representing the hotels and only three people representing the public. Mr. Decker stated that it was possible for that to happen but there are not 15 hotels in the area at the present time. The City Manager stated that he felt when a public tax is being levied there should be a significant amount of public representation to watch over the group. Mayor Nyquist recognized Barb Jensen who stated the Chamber of Commerce has been involved with this issue from the beginning and unanimously supports the Tourism Bureau. Mayor Nyquist recognized Mr. Decker who stated that the Tourism Bureau is basically everyone working together to create a better business atmosphere. There was a motion by Councilmember Lhotka, and seconded by Councilmember Hawes to close the public hearing on An Ordinance Creating Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging. The motion passed unanimously. ORDINANCE NO. 86 -08 Member Gene Lhotka introduced the following ordinance and moved its adoption with the suggested changes AN ORDINANCE CREATING CHAPTER 22 OF THE CITY ORDINANCES RELATING TO A TAX IMPOSED UPON LODGING The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. 8 -25 -86 -7- RECESS The Brooklyn Center City Council recessed at 8:12 p.m. and reconvened at 8•,26 p.m. ORDINANCES (CONTINUED) The City Manager presented An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds. He stated that this ordinance should have one section added regarding the preservation of wild life. Councilmember Hawes asked what the average length of time is between a notice being sent to an owner and the property being cut. Administrative Aid Patti Page stated that after a notice is sent, the property owner has seven days in which to cut the property; after that time the City is able to go on to the property and cut. She noted that it is usually seven to ten days after a notice is sent that the property is cut. Councilmember Hawes asked if, there was anything_ that could be done with the state and county property along the highways. The City Manager stated that it is very difficult to require the county or state to cut these properties. Councilmember Lhotka asked why the City cannot enforce the ordinance on the county or state. The City Attorney stated that the state has the option to not pay an assessment which is against their property for weed cutting. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds. The motion passed unanimously. The public hearing was set for September 22, 1986 at 7 :30 p.m. The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances. He noted that this item relates to the proposed changes in the liquor ordinance and is offered this evening for a first reading. He stated that staff had made the necessary changes to meet the requirements of the new state law regarding the drinking age and had also made the ordinance less confusing to license holders. He noted that it also amends the insurance requirements. Councilmember Hawes asked about the problems which could be created for those businesses which would be required to obtain $300,000 aggregate dram shop insurance. He stated he felt it could be creating a hardship on some businesses. The City Manager stated that basically staff is recommending this insurance requirement to help protect the businesses. Councilmember Hawes asked how the $300,000 figure had been chosen. The Director of Finance stated that the $300,000 is basically a compromise between the $100,000 state statute requirement and the $500,000 requirement that is placed on City property. Councilmember Theis asked if it would be possible to set a lower insurance requirement for those businesses with sales less than $10,000. The Director of Finance stated that whether an establishment sells more or less than $10,000 the loss will be the same, and that the smaller businesses may, in fact, need the insurance more than the larger establishments. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 11 of the City Ordinances. The motion passed with Councilmember Hawes opposed. The public hearing was set for September 22, 1986 at 7 :30 p.m. 8 -25 -86 -8- REVOCATION OF THE ON -SALE CLUB LIQUOR LICENSE FOR BROOKLYN CENTER AMERICAN LEGION The City Manager stated that staff is recommending immediate suspension of the on -sale club liquor license for the Brooklyn Center American Legion due to alleged gambling violations at the Legion Club. He stated that it is clear in the City's regulatory ordinances and state law that illegal gambling is a violation worthy of suspension or revocation of a liquor license. The City Attorney noted that state statute states that no suspension or revocation may occur until after a hearing. Mayor Nyquist stated that he had been contacted by a representative of the Legion who had asked that the item be laid over until he could be present at the meeting. Councilmember Lhotka asked how long it would take to schedule a hearing for the liquor license. The City Attorney explained that in the past a local attorney has been used as the hearing examiner but he felt that it would be best if the City obtain an approved hearing examiner from the state. He noted that he thought it could take up to 90 days to obtain a hearing examiner. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to authorize staff to schedule a hearing for revocation of the on -sale club liquor license for the Brooklyn Center American Legion Club. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8 :48 p.m. City Clerk Mayor 8 -25 -86 -9- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER'S REPORT, APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR UTILITY SYSTEM IMPROVEMENTS AS REQUIRED TO SERVE THE EARLE BROWN COMMONS IMPROVEMENT PROJECT 0 CT N 1986 - 20 CONTRACT TRACT 1986 -P) WHEREAS, a feasibility report regarding the proposed improvement was prepared by Westwood Planning and Engineering, Company: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The report prepared by Westwood Planning and Engineering Company is hereby received by Council. 2. The estimated cost of the project is $55,680. 3. The Council will consider the project pursuant to Chapter 429 in accordance with the report and the assessment of benefited property for the entire cost of the improvement as detailed in the petition. 4. It is hereby determined that it is necessary and in the best interest of the City and owners of property specially benefited thereby that the proposed improvement be constructed accordingly the project shall be constructed. 5. Plans and specifications for this improvement (Project No. 1986- 20, Contract 1986 -P) as prepared by Westwood Planning and Engineering Company are hereby approved and ordered filed with the City Clerk. 6. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the makin g p of such improvement under such approved 'plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 A.M. on September 22, 1986 at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council thereafter in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check,, bid bond, or certified check payable to the City for 5 percent of the amount of ' such bid. RESOLUTION NO. _. Date Mayor ATTEST: Clerk The motion 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. J CITY 6301 SHINGLE CREEK PARKWAY OF B:ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: September 5, 1986 RE: Utility System Improvements Earle Brown Commons Improvement Project No. 1986 -20, Contract 1986 -P The attached Engineer's Report and resolution advance the above_ referenced project to bids. The proposed improvements are detailed in the attached report. Prior agreements with the developer of Earle Brown Commons cover the funding of the proposed work. It is recommended that City Council adopt the attached resolution accepting the Engineer's Report, approving plans and specifications and directing advertisement for bids for utility system improvements as required to serve the Earle Brown Commons (Improvement Project No. 1986 -20, Contract 1986 -P) R*R.0 submitted, Approved for submittal, F H r Sy pp Cr Director of Public Works HRS : j n RAP20.MEM "?4 NOW 4?44 ,, XVV WESTWOOD PLANNING & ENGINEERING COMPANY ENGINEER'S REPORT September 5, 1986 Earle Brown Farm Redevelopment Project Project No. 1986 -20 Contract No. 1986 -P PROJECT DESCRIPTION: Watermain and Sanitary Sewer Utilities to serve the Earle Brown Commons PROJECT LOCATION: Between Earle Brown Drive and Summit Drive adjacent to the Earle Brown Commons DISCUSSION: During the past few months development has progressed in the Earle Brown Farm area. The Brookdale Corporate Center Phase III. office building is under construction and plans are nearly complete for the Earle Brown Commons. In order to provide utility service for the new development, a new watermain and sanitary sewer are necessary. Currently, an eight inch sanitary sewer line runs from Earle Brown Drive through the center of the Earle Brown Commons site to Summit Drive. Pro- posed redevelopment of the site requires this sanitary sewer line to be relocated. The proposed relocation is as shown on Figure 1. Sanitary sewer service for the first phase of the Earle Brown Commons project and the Earle Brown Farm Hippodrome will be directly from the relocated sewer line. The sewer will connect into an eight inch line presently under construction (see location shown on Figure 1). Ryan Construction Company, under a change order to Contract 1986 -I previously approved by the City Council, is completing this portion of the relocation. Included in Project No. 1986 -20 is a watermain extension between Earle Brown Drive and Summit Drive. This installation will serve the Earle Brown Commons facilities as shown on Figure 1. Additionally, the eight inch watermain will serve as one component of an overall water system serving the Earle Brown Farm Redevelopment area. Below is a summary of the cost estimate for the sanitary sewer and water - main improvements. Sanitary Sewer Project Construction Cost $19,636 Contingency 10% 1,964 Engineering 1,250 Administration 1% 200 Legal 1% 200 Subtotal $23,250 7415 WAYZATA BOULEVARD, MINNEAPOLIS, MINNESOTA 55426 (612) 546.0155 Watermai.n Project Construction Cost $27,845 Contingency 10% 2,785 Engineering 1,250 Administration 1% 275 Legal 1% 275 Subtotal $32,430 Project Total $55,680 PROJECT FINANCING: Figure 2 indicates the parcels of land that have demonstrable benefit from Improvement Project No. 1986 -20. The total cost of the project is proposed to be financed through Special Assessments. One -half of the cost of the watermain is of special benefit to Tract D and Tract F, R.L.S. #1590. The balance of the cost is of special benefit to Tract A, R.L.S. #1380; Tract I, R.L.S. #1594; and the vacated right of way of Earle Brown Drive. All of the cost of the sanitary sewer will be paid by the City from the proceeds of the Tax Increment District in accordance with the executed agreement between the City and the Developer of the Earle Brown Commons. CONCLUSION AND RECOMMENDATION: The improvements as described herein are • feasible under the conditions outlined and at the cost estimated. It is recommended the City Council approve Project No. 1986 -08 and authorize staff to prepare advertisement for bids. If approved, the bid advertise- ments for the project would appear in the local newspaper on September 11 and 18 and in the Construction Bulletin on September 12 and 19. The bid opening is scheduled for September 22, 1986. Respectfully submitted, WESTWOOD PLANNING & ENGINEERING COMPANY e'e iJt c iv� Richard L. Koppy, P.E. Vice- President Registration No. 11 8 • Bull Q'A Buiidlr 19! 3 %m Q_N_OJJ \ 1 i i War. lo, LEGEND, FIGURE 1 ........... ift M Sakes" 4003 H18ON Li l G? i "0119 37a+b„� snip �' NA 7,WOO &G MOb+ p \ i 3Atba WIN 311 /do N140dS 378 7b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -H (EARLE BROWN FARM TAX INCREMENT DISTRICT PHASE I STREETSCAPE IMPROVEMENTS, PROJECT NO 1986 -09) WHEREAS, pursuant to 'written Contract 1986 -H signed with the City of Brooklyn Center, Mnnesota,`Alber Construction, Inc. has satisfactorily completed the following improvement in accordance with said contract: EARLE BROWN FARM TAX INCREMENT DISTRICT PHASE I STREETSCAPE IMPROVEMENT PROJECT NO 1986 -09 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn` - Center, - Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule. ` As Approved Final ,Amount Original Contract ~ _ ._. _ g _ $ -- 71 ,669:30 �$ 69,338:97 2 . The value of work performed is less than the original contract amount by $2,330.33 due to a general overestimation of planned quantities; r 3. It is hereby directed that finalpayment be made on,said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $69,338.97. 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. qel '/1 Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION AMENDING CONDITIONS OF APPROVAL FOR PLANNING APPLICATION NO. 80005 REGARDING THE THRIFTY SCOT MOTEL WHEREAS, Planning Application No. 80005 for site and building plan and special use permit approval for a 104 room motel at 6445 James Circle North was approved by the Brooklyn Center City Council on January 28, 1980; and WHEREAS, Condition No. 4 of said approval limited the issuance of the permit to the applicant and was made nontransferable; and WHEREAS, said Condition No. 4 has impeded the sale of the property to a buyer (Williams Steel and Hardware) who would continue to use the property as a motel in accordance with the original approval of Application No. 80005; and WHEREAS, the purpose of said Condition No. 4 is to limit the scope of use on the ar eel and not p the sale of the property.. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Condition No. 4 of the approval of Planning Application No. 80005 is hereby stricken and replaced with the following: 4. Special use permit approval comprehends hotel /motel use of the property only. Any conversion of or addition to the facility herein approved shall be subject to review and approval by the City Council as an amendment to this special use permit approval. Date Mayor Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following oted in favor the � o and the following voted against the same: whereupon said resolution was declared duly passed and adopted. There was a motion by Council-member Scott and seconded by Councilmerber xuefler , to approve Planning Commission Application No. 80005 submitted by Gary Nelson on behalf of the Brutger Companies for a site and building plan and special use permit for a 104 room hotel at the southwest corner of Freeway Boulevard and James Circle subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official icable codes prior B g with respect to applicable p to the issuance of permits. , 2. Grading, drainage, . utiLi ty and bermin.g 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 to assure completion of approved site improvements. ty 4. The special use permit is issued to - the applicant as operator of the facility and is nontransferable. 5. The permit is subject to all .applicable codes, ordinances, regulations and violation thereof, shall be grounds for revocation. Any outside trash disposal facilities -and.rooftop_ mechanical _ equipment -shall be appropriately - screened from view. 7. The building-is-to be equipped-with am fire extinguishing system to_meet NFPA, and- shall be l connected:to a central monitoring in accordance with Chapter .5 of the-City Crdinances. 1 -28 -80 -19- £3. Smoke detectors shall be installed in all sleeping units as t per Minnesota Building Code requirement. 9. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 10. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 11. _Plan approval does not include approval for a live -in manager's unit as indicated on the plans; this matter is subject to an amendment to the City's Zoning Ordinance. 12. B612 curb and gutter shall be provided around all driving and Parking areas. Voting in favor: Mayor Nyquist,.Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and InspectiPSn I DATE: September 5, 1986 - SUBJECT: Resolution Amending Conditions of Approval for Planning Commission Application No. 80005 Regarding the Thrifty Scot Motel On the September 8, 1986 City Council agenda is a resolution amending the conditions of approval regarding the Thrifty Scot Motel. Planning Commission Application No. 80005, submitted byBrutger Company, was for site and building plan and special use permit approval for the Thrifty Scot Motel and was approved by the City Council on January 28, 1980. Condition No. 4 of that approval states that the special use permit is issued to the applicant as operator of the facility and is nontransferable. In 1980, Brutger Company sold the motel to Williams Steel and Hardware on a contract for deed. The parties are now completing the sale and title is formally being transferred. The attorney representing Williams Steel and Hardware is concerned about Condition No. 4 of the approval complicating this transfer. This condition really does not pertain in that once a special use permit involving a land use (in this case a commercial use in the industrial zoning district) has been approved, it runs with the land. Attached for your review is a copy of the conditions of approval for this application. It is our understanding_ that with this transfer of ownership, the management of the hotel will remain unchanged. We have had no problems or zoning concerns with the operation of the motel, performance bonds relating to site improvements have been released by the City Council in the past and, in our opinion, no real problem with the L transfer of ownership exists. We have been requested to have the City Council consider and adopt a resolution modifying Condition No. 4 of Planning Commission No. 80005 so that this transfer can be accomplished. This matter had been before the City Council as a motion on their meeting of July 28, 1986, but apparently a certified resolution is what is needed in this situation. RAW:mlg 7d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION NAMING THE RESIDENTS OF BROOKLYN, MICHIGAN AS HONORARY THE CITY OF BROOKLYN CENTER WHEREAS, Brooklyn Center, Minnesota was named after Brooklyn, Michigan; and WHEREAS, on August 25, 1986 the City Council designated the City of Brooklyn Center and the Village of Brooklyn, Michigan as Sister Cities; and WHEREAS, on September 14, 1986, Brooklyn, Michigan Village President William T. Schepeler, his wife Vernice, Village Clerk Dale L. Cryderman, and his wife Elizabeth, will represent the citizens of Brooklyn, Michigan at Brooklyn Center's Major Event of Great Historical Significance; and WHEREAS, the City of Brooklyn Center wishes to welcome Mr. and Mrs. Schepeler and Mr. and Mrs. Cryderman as honorary citizens of Brooklyn Center, and requests them to convey our regards to the citizens of Brooklyn, Michigan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City f Brook - Y Brooklyn Center that William T. Schepeler, Vernce Schepeler, Dale L. Cryderman, Elizabeth Cryderman, and all residents of Brooklyn, Michigan be named honorary residents of .the City of Brooklyn Center, Minnesota. 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. M & C No. 86 -12 September 4, 1986 FROM THE OFFICE OF THE CITY MANAGER Subject TOURISM BUREAU TO: The Honorable Mayor and City Council Attached please find copies of a resolution approving the Tourism Bureau agreement and a copy of the Tourism Bureau agreement. This last week I met with representatives of Brooklyn Park and Fridley and reviewed the various bylaws, documents, and the Tourism Bureau agreement. They concurred in some of my concerns about the possibility of additional public membership and other concerns I previously expressed. They stated the current Tourism Bureau agreement is an "interim" one which has a feature in it stating that unless all three communities agree to continue the Tourism Bureau by specific action, the Bureau will self destruct as of December 31, 1987. They agreed I should prepare, as soon as possible, a substitute Tourism Bureau agreement with the features - addressing Brooklyn Center's concerns, and that document could be worked on and finalized prior to the December 31, 1987 commitment date. At that time all communities and representatives from other interests could work together on the document to make sure it does fill our needs in the future. Given this type of commitment and the sunset provision in the agreement, I recommend your passage of the agreement. Also enclosed in your agenda materials is a copy of a resolution appointing a member to this Tourism Bureau Board. During my discussions with the representatives of Brooklyn Park and Fridley, they stated that this Board would be very active in setting up the Tourism Bureau in the next approximately 12 months and anyone you appoint to that position should be prepared to meet on a regular basis during daytime hours. Resp W ed, Ge aCity CONVENTION AND VISITORS BUREAU AGREEMENT THIS AGREEMENT made between the City OF , MINNESOTA, a municipal corporation, (hereinafter referred to as the "City ") and the NORTH METRO CONVENTION AND TOURISM BUREAU, a nonprofit corporation (hereinafter referred to as the "Bureau ") WHEREAS, the City has imposed a tax on lodging to fund a convention and visitors bureau. WHEREAS, the Bureau has the staff, facility, and experi- ence to carry out the objectives of promoting the City as a tourist and convention center. NOW, THEREFORE, the parties agree as follows: 1. TERM The term of this Agreement shall begin on August 1, 1986 and shall terminate on December 31, 1987, unless both arties have agreed its renewal in writing on P g � g or before December 1, 1987. 2. SERVICES RENDERED BY BUREAU The Bureau shall fur - nish the following services: (a) Informational services in answering inquiries about the City via mail, telephone, and personal contacts. (b) Provide planning, coordinating and registration assistance to organizations and businesses. (c) Supply support material, including but not lim- ited to name badges, city maps, typewriters, accom- modations list, and information in general. (d) Prepare and present audio visual presentations -1- to groups to attract- visitors to the City. (e) -- Distribute - brochures, maps and .gu.ides. of --the City to potential visitors and meeting planners. (f) Provide representation at trade shows, conven- 'tions, and- exhibits to attract new visitors to'the City. (g) - Promote the City as a convention center for Minnesota by regional and state -wide advertising of -the City's hospitality industry and attractions.' 3. `CHARGES -AIM "services provided pursuant to - para- `graph =2 -of this Agreement -shall be without charge to the person.or organization u'tiiizing' "`such'services. 4. :_ BUDGET . The Bureau shall - submit its annual budget €r d the City `Council on or befor6 1st "day of - October- - -o -f- the =year preceding -the effective date of -the _ bud'g'et-:' gtxEh­ budget shall detail with specificity the uses to which `mo_nies _ received shall be >_ spent to- provide the -ser- vices described in paragraph 2 of this Agreement. In any year in which . thi`s'=Agreement is `being renewed - .such renewal shall not occur until this budget review process has been completed. For the initial term of this Agreement, the Agreement shall not take effect until the budget review pro- cess has been completed for the time period of August 1, 1986 through December 31, 1987. It is understood between the parties that the actual revenues being generated under paragraph 5 may vary from the amounts anticipated in the budget. For this reason it is -2- agreed that the budget may be modified without prior consent of the City Council', providing that any adjustments shall not be greater than ten percent of the amount indicated for that item as its appears in the budget. Notwithstanding any other language to the contrary the Bureau shall not expend any sums beyond its revenues. 5. FUNDING On the 15th day of each month, the City shall remit to the Chamber, for funding of the Bureau, 95% of the lodging tax payments received by the City, less refunds, in the preceeding month during the term of this Agreement. 6 VERIFICATION OF EXPENDITURES The Bureau will pro - vide the City a copy of the Bureau's monthly financial sta- tements, showing monthly, year-to-date,.-and budget figures, properly itemized and verified by the director of the Bureau.. The .Finance Officer of the City shall have the right of access to the books and records of the Bureau at any time during normal business hours to audit any item of revenue or expenditure. 7. HOLD HARMLESS Any and all employees of the Bureau or any other persons, while engaged in the performance of any service required by the Bureau under this Agreement, shall not be considered employees of the City, and any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees or other persons while so engaged, and any and all claims made by the third party as a consequence of any act -3- or omission on the part of the Bureau, or its agents or employees or other persons while so engaged in any of the services provided to be rendered herein, shall in no way be the obligation or the responsibility of the City. In con- nection therewith, the Bureau hereby agrees to indemnify, save and hold harmless, and defend the City and all of their officers,- agents and employees from any and all claims, demands, actions or causes of actions of whatever nature or character arising out of or by reason of the execution or the performance of the services provided for in this Agreement. 8. MULTIPLE CITY PARTICIPATION It is contemplated that the Bureau in addition to providing services to the City of :._ __:__ R - __. .. - =- Will also provide the services described in paragraph 2 of this Agreement to the Cities of and and that all Cities may be jointly promoted as a unitary convention and visitors bureau. Therefore, it is specifi- cally authorized that funding for such joint promotion will be financed pursuant to this Agreement. 9. DISCRIMINATION The Bureau, in providing services hereunder shall comply with the provisions of Minnesota Statutes Section 181.59 as the same may be amended from time to time. Minnesota Statutes Section 181.59 is incorporated in this Agreement as though set forth in its entirety and the Bureau shall not discriminate against any person or firm in any of its activities hereunder on the basis of race, -4- ` a creed or color. 10. INSURANCE The Bureau shall carry insurance to cover its employees and agents while performing services pursuant to this Agreement. Such insurance shall provide comprehensive general liability and property damage coverage to the Bureau and its employees and agents in such amounts as will equal the applicable limits of liability to which the City may be held pursuant to State Statute as the same may be amended from time to time. The Bureau shall also carry worker's compensation as required by Minnesota Statutes Section 116.182 and provide the City with proof of compliance with Section 176.182 before commencing to provide services hereunder. 11. LAWS The Bureau will comply with all applicable • federal, state and local laws in the performance of its obligations hereunder. 12. ADVERTISEMENT All brochures, listings or adver- tisements of specific- facilities shall include men- tion of all facilities paying the lodging tax imposed by the City. 13. INTEGRATION This document is fully integrated, embodying the entire Agreement between the parties. -5- IN WITNESS WHEREOF the parties have executed this Agreement on- the dates below given. CITY OF BY: _ Its Mayor DATED: BY Its City Manager NORTH METRO CONVENTION AND TOURISM BUREAU DATED: BY: Its ..> t q c rx _ « r I, -6- Member introduced the following resolution and moved its adoptions RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A CONVENTION AND 'VISITORS BUREAU AGREEMENT WHEREAS, the City of Brooklyn Center is desirous of entering into a convention and visitors bureau agreement with the North Metro Convention and Tourism Bureau for promoting the City as a tourist and convention center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. This Council has reviewed the Convention and Visitors Bureau Agreement, and finds that the execution of the agreement is in the best interest of the City of Brooklyn Center. 2. The Mayor and City Manager are authorized and directed to execute the agreement on behalf of the City. Date Mayon 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. Member emb r .introduced the following resolution and moved its adoptions RESOLUTION 'DESIGNATING NOMINEE TO THE NORTH" "METRO CONVENTION AND TOURISM BUREAU WHEREAS, the City of Brooklyn Center entered -- into °a convention and visitors bureau agreement- with the North Metro Convention - and "Tourism Bureau on September 8, -1986; and WHEREAS, as specified in Article IV, Section 3 (b) of the By -laws of, -the North Metro :Convention and Tourism Bureau, three (3) - members of the Board of Directors of the bureau shall be nominated by the City Councils of the cities served by the bureau. - NOW, THEREFORE, BE IT RESOLVED by the City Council -.of the City of Brooklyn Center that is nominated to represent the City of Brooklyn Center on the Board of Directors of-the "North Metro. Convention and.- Tourism._Bureau. a1 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 and.the following voted against the same.. whereupon said resolution was declared duly passed and adopted. V Member introduced the following 0 resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MARY ELLEN RABINE WHEREAS, Mary Ellen Rabine served as a member of the Brooklyn Center Human Rights Commission from January, 1982 through September, 1986; and WHEREAS, as a member of the Brooklyn Center Human Rights Commission, she played an instrumental role in the formation of the Brooklyn Center Domestic Assault Intervention Project; and WHEREAS, she represented the Brooklyn Center Human Rights Commission on the Year 2000 Committee and provided input particularly in the issue area of single parent households; and WHEREAS, her devotion to the tasks and responsibilities of the Commission contributed to the sound progress and development of the City; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Mary Ellen Rabine as a member of the Human Rights Commission is hereby recognized and appreciated by the City of Brooklyn Center. 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. Member introduced the following �+ resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RICHARD RABINE WHEREAS, Richard Rabine-.vDIunteered as a jail counselor for the Brooklyn Center Domestic_. Assault Intervention Project, and promoted this program as a model by introducing it to other communities; and 4 „ .;WIiEREAS, he contributed:.to the efforts of Brooklyn Center's..-public /private partnership;.and WHEREAS, he enhanced Brooklyn Center's application for the 1986 All- America City Award.by his. oral presentation before the judging committee;'.-and WHEREAS, his public service and civic effort for the betterment,' vtf the oommunity:ymerit the 4ratitude aof :the.vcitizens of Brooklyn-, Center,* and.-- -- WHEREAS, it is highly appropriate that his service to the community recognized and.e% pressed. v NOW,- BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Richard Rabine is hereby recognized and - appreciated by, the City of _Brooklyn Center. _ 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.- MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 28, 1986 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:34 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Carl Sandstrom, Mike Nelson, Wallace Bernards and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren and Planner Gar Shallcross. Chairman Lucht noted that p Y unable to attend and was excused. Commissioner Ainas had called to say he would be omm d c 11 y APPROVAL OF MINUTES .M August 14, 1986 Motion by Commissioner Sandstrom seconded by Commissioner Nelson to approve the minutes of the August 14, 1986 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. Not voting: Commissioner Malecki. The motion passed. APPLICATION NO. 86031 (Codeco, Inc.) 01lowing the Chairman's explanation, the Secretary introduced the first item of business, an appeal from a determination by staff that a drop -in child care service . is not permitted in the Westbrook Mall shopping center under the provisions of Section 35 -322, Subdivision 3Q• The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 86031 attached). The Secretary also suggested that the Commission recommend permitting drop -in child care centers in the C1 zone as well as the C2 zoning district. Commissioner Bernards asked what the State license does require of the drop -in child care centers. The Planner responded that such a license does not require as much in the way of program and facilities for preparing and serving meals on the property and that it does not require an outdoor play area. He added, however, that health and t .safety requirements would be fully applied to the space. Commissioner Wallerstedt asked whether there would be sleeping accommodations for the children. The Planner stated that that would be up to State regulations. He noted that it was not waived on the application form offered by the applicant. He also noted that the ages of the children would be from 2 to 12. In response to a question from Commissioner Wallerstedt as to allowing a drop -in service in a commercial district, the Secretary stated that day care uses are allowed in the C2 district at present, but are not permitted in shopping centers. In response to another question from Commissioner Wallerstedt, the Secretary a' - enters be distinguished uished from da explained that staff recommended that drop in c ng Y care centers in the zoning ordinance. Chairman Lucht stated that if the Commission agreed with the draft ordinance amendment, it could still deny the appeal submitted by the applicant. The Secretary agreed. He stated that the staff recommended that the ordinance distinguish drop -in centers from traditional day care and that the day care provisions in the ordinance be left in tact. Chairman Lucht asked whether the use 8 -28 -85 -1- should be allowed in the Cl zone. The Secretary stated that he recommended the drop -in centers be allowed as a permitted use in both the C1 and C2 zoning districts. Commissioner Sandstrom suggested that the application could perhaps be speeded up by recommending approval contingent on a draft ordinance amendment. The Secretary stated that he did not recommend approving the appeal though he did recommend adoption of the ordinance amendment. He stated that, in either case, the ordinance would have to go through a first and second reading, a process much longer than the disposition of the application itself. Chairman Lucht then called on the applicant to speak. Mr. Gary Code of Codeeo, Inc. stated that he would be a franchisee of Kids Time Out, a chain of drop -in day care centers. He first explained some of the features of the program including the activities that would be available for the children such as arts and crafts, movies on videos and cassettes, games, etc. He stated that the type of care is regulated by the State and that they must have one teacher for every 10 children. He also stated that the hours would be limited to a maximum of 5 consecutive hours for any child. As to the question of sleeping accommodations, Mr. Code explained that there would be no cots, but that there would be an area to relax and take a nap. In response to a question from Commissioner Malecki, Mr. Code explained the teacher -child ratios. He stated that one certified teacher would be required for each 40 children, one assistant teacher for each 20 and one aide for each 10 children. Commissioner Wallerstedt asked as to the irregularity of the care. Mr. Code stated that it would be limited to 5 hours per time. Mr. Harvey Johnson from Kids Time Out explained that the care was irregular in the sense that no one would have a prior appointment to leave their children, but that they could be brought at any time. Commissioner Wallerstedt stated that she worked four hours per day and five days per week and could leave her children at such a center for no more than five hours a day. She asked whether that is not day care. Mr. Johnson responded that he did not consider it to be day care. Commissioner Wallerstedt asked what the drop -in center would do if the child was ill. Mr. Johnson stated that the drop -in center could turn away a child if they felt that the child was ill at the time that he or she was being dropped off. Chairman Lucht asked whether all parents would carry pagers or whether that would be voluntary. Mr. Code answered that the drop -in center would strongly encourage parents to take pagers, but that sometimes these would be inconvenient. Commissioner Malecki inquired as to the cost of the service. Mr. Code stated that the charge would be $2.20 per hour for the first child and $1.10 per hour for the second child. Commissioner Bernards asked whether the drop -in center would have facilities for the handicapped child. Mr. Johnson stated that the center could accommodate most any child unless it required medical attention. Commissioner Wallerstedt asked what there would be for an 11 year old girl to do at such a center. Mr. Johnson stated that there would be puzzles, games, electronic games, and movies available. He also stated that socializing with other children her own age would be an important activity for such a child. Commissioner Wallerstedt also asked as to the wages of the help. Mr. Mr. Johnson stated that the starting pay would be $ 2 4.50 per hour for a teacher and somewhat lower pay for less responsible positions. Regarding the issue of irregular care, the Planner pointed out that the State of Minnesota Department of Public Welfare wants to limit drop -in centers to caring for any given child no more than 30 days per year. He stated that the State is also concerned that drop -in centers be distinguished from traditional day care and that 8 -28 -86 -2- Q the rule governing both day care and drop -in centers is being revised. He pointed out that drop -in centers were not comprehended by the original Department of Public Welfare rule governing day care centers. Chairman Lucht stated that he resumed the Commission p would deny the appeal. He asked what the Commission felt about the draft ordinance amendment. Commissioner Sandstrom stated that he would recommend the draft ordinance change. Chairman Lucht asked whether such a use should also be permitted in the C1 zone. Commissioner Sandstrom responded in the affirmative. The Secretary explained that such establishments are licensed regularly and that a copy of the annual license would have to be sent to the City to confirm that it complied with the Zoning Ordinance. d ance. The Planner also noted that the State sends a notice to the City to confirm the proper zoning district prior to issuing the license and that, therefore, the City would automatically get a notice of such a use going into a commercial district. ACTION RECOMMEENDING DENIAL OF APPLICATION NO. 86031 (Codeco, Inc.) Motion by Commissioner Malecki seconded by Commissioner Sandstrom to recommend denial of Application No. 86031 and uphold the ruling of staff that a drop -in center is not permitted by ordinance to locate in a shopping center in the C2.zoning district. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING ORDINANCE CHANGE Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend adoption of an ordinance amendment to permit drop -in day care centers as a permitted use without restriction in the C2 zoning district and defining such centers as establishments licensed by the State of Minnesota and providing care to children on an irregular and temporary basis not to exceed 5 hours per day. While the motion was on the floor, Commissioner Bernards asked how the language of the draft ordinance amendment was arrived at. The Planner pointed out that the language requires licensing by the State so that the State's regulations would be incorporated into the City's ordinances indirectly. He stated that unlicensed facilities would not be a permitted use. He stated that the ordinance provision also requires that notice be given to the City so that it may be administratively determined that a drop -in center is proposed as distinguished from a traditional day care center. He stated that the primary object of the definition section is to distinguish drop -in centers from those that provide regular ongoing care for people who leave their children at a day care center while going to work. The Secretary also pointed out that the intent of the ordinance is not to encroach on the State's authority or areas of regulation, but to address the question of land use and distinguish drop -in centers from traditional day care centers. Voting in favor of the foregoing motion: Chairman Lucht, Commissioners Malecki, Sandstrom, Bernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 86032 (Spiritual Life Ministries, Inc.) The Secretary then introduced the next item of business, a request for special use permit approval to operate a religious training center in the industrial building at 1800 Freeway Boulevard. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 86032 attached). Following the Secretary's presentation, Chairman Lucht asked the applicant whether he had anything to add. Mr. Butch Ellingson of Spiritual Life Ministries, Inc. addressed the Commission and requested that a substitute written guarantee of the 8 -28 -86 -3- K installation of the proof -of- parking be accepted rather than a deed restriction. He stated that a deed restriction would be burdensome to the owner of the property and would be difficult to accomplish within the time constraints facing their operation. He then read to the Commission a letter from the property owner regarding striping and delineation of proof -of- parking stalls. Chairman Lucht pointed out that if the property were sold a deed restriction would go with the land, whereas the letter would not. Mr. Ellingson pointed out that the lease that Spiritual Life Ministries would have with Peerco, the owner of the building, would only be one and one half to three years. He stated that it would be cumbersome for the property owner to restrict the deed for the property for such a short term use. Commissioner Wallerstedt asked Mr. Ellingson to describe the organization. - Mr. Ellingson stated that the function of Spiritual Life Ministries was as a training center. He stated that the organization provided assistance to local ministries in the form of medical and educational supplies. He referred to ministries in Africa and other places around the world. Chairman Lucht asked Mr. Ellingson whether Spiritual Life Ministries intended to establish their own building. Mr. Ellingson responded in the affirmative. In response to a question from Commissioner Sandstrom regarding the proof -of- parking, Mr. Ellingson stated that a plan had been developed by the staff that showed that 71 stalls could be provided on the site. Chairman Lucht asked Mr. Ellingson where Spiritual Life Ministries had been located prior to this time. W. Ellingson responded that they been at St. Andrew's Episcopal Church in Minneapolis. PUBLIC HEARING (Application No. 86032) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Ztion by Commissioner Nelson seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. There followed a discussion regarding recommended Condition No.4 regarding proof- of-parking. Commissioner Malecki asked how difficult it would be to implement the proof -of- parking. The Secretary explained that the area was already blacktopped, but that it had not been delineated as would ,normally be required for permanent parking spaces. Chairman Lucht asked whether the City had accepted letters of intent in the past. The Secretary answered that the staff would definitely prefer a deed restriction, but that letters and other less formal means have been accepted in the past. The Secretary warned that the temporary can often become permanent. He pointed out, however, that the deed restriction is not an ordinance requirement for assuring proof -of- parking and probably would not be needed in the future. - Chairman Lucht suggested that the letter be attached to the lease agreement and would, therefore, at least continue with the applicant's occupancy of the building. The Planner also suggested that the special use permit be reviewed after three years to consider the possibility of extending the proof -of- parking agreement based on the experience with the training center during that three year period. Chairman Lucht asked Mr. Ellingson whether these conditions were agreeable to him. Mr. Ellingson stated that they were acceptable to him and that he would check with the owner. 8 -28 -86 -4- ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86032 (Spiritual Life Ministries) M otion on b Y d Y Commissioner Sandstrom second Commissioner Nelson to b recommend approval of Application No. 86032, subject to the following conditions: I 1. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The special use permit is issued to the applicant as operator of the religious training center and is nontransferable. (This condition does not prevent a change of ownership or management of Spiritual Life Ministries, Inc., but applies to any operation wishing to use the space which is not a continuation of the operation proposed under this application). 4. The owner of the property shall agree in writing to provide the striping and delineating of up to 71 parking stalls at the northwest corner of the site upon a determination by the City that parking demand on the site exceeds the available number of parking spaces. Said written agreement shall become a part of the lease agreement between the owner and the Spiritual Life Ministries tenant. The plan for striping and delineating parking stalls shall be subject to review and approval by the Zoning Official. 5. Special use permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. 6. The special use permit shall be reviewed by the Planning Commission and the City Council three years from the date of the original approval. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. � � p RECESS The Planning Commission recessed at 8:54 p.m. and resumed at 9:12 p.m. APPLICATION NOS. 86033 AND 86034 (Lombard Properties) Following recess, the Secretary introduced the next two items of business, a request for site and building plan approval to construct a plaza and pavilion in the central parking lot of the Shingle Creek Business Center and a request for amended special use permit approval to provide a new allocation of off -site accessory parking for the Ramada Hotel, Shingle Creek Eleven, RCM Plaza and Parkway Place on the central lot at the Shingle Creek Business Center. The Secretary reviewed the contents of the staff reports for both applications (see Planning Commission Information Sheets for Application Nos. 86033 and 86034 attached). The Secretary reviewed with the Commission the location of the central lot and the Shingle Creek Business Center, 8 -28 -86 -5- north of Freeway Boulevard and Shingle Creek Parkway. He also noted the location of the proposed plaza on overhead transparencies. The Secretary stated that the plaza area would not be recognized as a proof -of- parking area. Chairman Lucht asked the applicant whether he had anything to add. Mr. Steve Pp Y g Mosborg of Lombard Properties stated that the water park (plaza area) would be a benefit to both Lombard Properties and the City. Commissioner Wallerstedt asked whether this was the only visual break in the business center. The Secretary showed a transparency of the Shingle Creek Business Center and noted the green areas and building locations as well as parking. Commissioner Wallerstedt asked whether the ramp referred to in the report would be built. Mr. Mosborg stated that it would be built in the future only if necessary. He stated that it would only be one level above the ground. There followed a discussion of the Ramada Hotel and other developments within the Shingle Creek Business Center generally. PUBLIC HEARING (Application No. 86034) Chairman Lucht then opened the meeting for a public hearing He noted that there was no one else present beside the applicant to speak regarding the application. He called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissiner Sandstrom to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86033 (Lombard Properties) Motion by Commissioner Nelson seconded by Commissioner Malecki to recommend approval of Application No. 86033, subject to the following conditions: 1. Building, plumbing, mechanical and electrical plans for the pavilion, fountain, and pools 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. B612 curb and gutter shall be provided around all parking and driving areas. 4. Underground irrigation shall be provided in all landscaped areas to facilitate site maintenance. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. An as -built utility survey of the site shall be submitted to the City Engineer prior to release of the financial guarantee for the central lot. 7. - The private road known as Parkway Circle shall be designated as a fire lane in its entirety. 8 -28 -86 -6- r Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 8603 Lombard Properties) � p ) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application No. 8603 subject to the following conditions: 1. The revised declaration establishing parking rights for the Ramada Hotel, RCM Plaza, Parkway Place, and Shingle Creek Eleven shall be reviewed and approved by the Zoning Official and the City Attorney prior to filing at the County. 2. The performance agreement and financial guarantee for the central lot and the agreement between the City and Lombard Properties for the possible construction of a ramp within that lot shall remain in effect until all need for the ramp has been removed by approved and constructed developments within the Shingle Creek Business Center. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. The Planner left at approximately 9:140 p.m. and returned at approximately 9 :45 p.m. OTHER BUSINESS (Central Neighborhood Advisory Group Recommendation) TE Secretary t ei n reviewed with the - in_g_ mission the traffic study concerning cut- through traffic between Brooklyn Boulevard and Xerxes Avenue North along 59th Avenue North. He explained that in 1985 requests had been made by people living along 59th Avenue North to address the high volume of traffic using 59th Avenue North to short -cut between Brooklyn Boulevard and Xerxes Avenue North. He noted that the City Manager and Director of Public Works had met with these people and the matter referred to the Administrative Traffic Safety Advisory Committee. It was believed that this kind of issue was the type that should be referred to a neighborhood advisory group for review and comment. Therefore, the matter had been referred to the Planning Commission which in turn referred it to the Central Neighborhood Advisory Group on March 27, 1986. The Secretary further reported that a public meeting, conducted by City staff members, was held at the Brookdale Christian Center on May 1, 1986 at which time the issue was reviewed; various alternatives were discussed; and comments from people living in the general area bounded by County Road 10 on the south, 63rd Avenue on the north, Xerxes on the east and Brooklyn Boulevard on the west were taken and recorded. The Secretary further explained that the Central Neighborhood Advisory Group had held an organizational meeting on June 17, 1986 to review the issues, alternatives and procedures for making their recommendations to the Planning Commission. That group also held a public hearing at the Hennepin County Library on July 30, 1986 at which time they deliberated and made their recommendations regarding this matter. The Secretary concluded his report by noting that the Planning Commission had received copies of all reports relating to the issue, all correspondence and comments received as well as minutes of various meetings held. He stated that the 8 -28 -86 -7- Central Neighborhood Advisory Group had recommended to the Planning Commission that the staff find ways to lessen traffic without barriers, such as through increased media publicity. In addition, staff should look at the feasibility of installing sidewalk along 59th Avenue between Brookyn Boulevard and Xerxes Avenue North. Commissioner Malecki asked whether signs indicating "no through traffic" had been considered or recommended. The Secretary stated that such signs had not been recommended by staff. In fact, he stated, they were opposed by staff because they become unenforceable. He offered an example of a sign on Wingard Lane which generated neighborhood opposition after a time. The Secretary further reviewed with the Commission the process of gathering public input on questions such as this through the Neighborhood Advisory Groups. ACTION REFERRING TRAFFIC STUDY (Central Neighborhood Advisory Group) Following further discussion and review there was a motion by Commissioner Nelson seconded by Commissioner Sandstrom to refer the Central Neighborhood Advisory Group recommendation regarding cut - through traffic in the central neighborhood on 59th Avenue North to the City Council and to concur with its recommendations and conclusions. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion ,passed. Chairman Lucht stated that he would be unable to attend the September 11th and September 25th meetings. ADJOU RNMENT Motion by Commissioner Wallerstedt and seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9 :58 p.m. Chairman 8 -28 -86 -8- Planning Commission Information Sheet Application No. 86031 Applicant: Codeco, Inc. Location: 5615 Xerxes Avenue North Request: Appeal This application is an appeal from an administrative determination that a drop -in day care operation is not permitted in the Westbrook Mall Shopping Center. The property in question is zoned C2 and is bounded by County Road 10 on the north, by Xerxes Avenue North on the east, by Baker's Square restaurant and First Brookdale Bank on the south, and by Brooklyn Boulevard on the west. The appellant, in a letter dated August 12, 1986 (attached), proposed to operate a drop -in childcare service at Westbrook Mall in the building south of Dayton's Home store. The proposed use would involve care for up to five (5) hours of children 2 -12 years of age between the hours of 9:00 a.m. and 10 :00 p.m. (Additional information regarding the proposed use is contained in the appellant's correspondence, attached). Staff issued a letter to the appellant on August 14, 1986 denying the proposed use on the grounds that the only reference to a child care use in Section 35- 322 of the Zoning Ordinance (uses allowed in the C2 zone) was Subsection 3q (Group day care) which specifically prohibits day tare centers from locating in shopping centers (see staff letter and section 35- 322.3q attached). The appellant, Mr. Gary Code, has in turn filed an appeal under the provisions of Section 35 -251 of the Zoning Ordinance (attached) and has submitted a letter dated August 14, 1986-setting forth the case that a drop -in center should be treated iff d erent 1 than a traditional Y da care t y c enter. The letter points out that the hours a. m. to midn ht on weekends) are more similar. to the hours f g o retail and entertainment uses than traditional day care. Mr. Code also points out that children stay no more than 5 hours and come on an irregular basis. Parents do not sign up children in advance. No meals would be provided, though bag lunches may be brought in. Parents take with them an individual pager by which they may be contacted in the event of an emergency. Mr. Code concludes his letter by urging that the City change its ordinance to distinguish between drop -in child care and traditional, regularly- scheduled day care. Staff would certainly prefer this approach over allowing day -care centers as such in shopping centers. We would accept the reasoning that temporary care of young children on an irregular basis does not require an outside play area and may, therefore, be allowed to locate in enclosed spaces in retail centers or office buildings. The present ordinance makes no distinction between various types of child care and that is why the proposed use had to be denied for the Westbrook Mall location. In discussions with the appellant, we have inquired as to the manner in which the State of Minnesota licenses drop -in child care centers as compared to the licensing of group day care centers. The appellant has indicated that the State will license drop -in centers without outdoor play areas. Our concern is that the license is distinguishable g ble from a standard day care license that a facility such as proposed � Y P P cannot receive a general day care license from the State and evolve into a traditional day care center, contrary to the intent of the Brooklyn Center Zoning Ordinance. 8 -28 -86 1 Application No. 86031 continued We have contacted the licensing division at the Minnesota Department of Public' Welfare regarding the licensing of such drop -in centers in other locations. Such operations receive a general day care license with certain stipulations as to the operation listed on the license application. This means that the State license is a general control device that has the degree of specificity desired by the City only in concert with the license application. If the City is willing to allow drop -in centers in shopping centers, a copy of both the State license and the application will have to be regularly submitted to the City to assure that the program continues to provide only temporary, non - regular child care. A draft ordinance amendment is attached for consideration by the Commission. In conclusion, staff recommend that the appeal either be denied in total, or that an ordinance amendment be adopted to list drop -in child care separately as a permitted use in the C2 zoning district. We do not recommend that the present provisions for group daycare centers as a special use in the C1 and C2 zones (Sections 35- 322.3q and 35- 320.3b) be either altered or relocated in the ordinance. We also, of course, do not recommend that the appeal be granted in the form of finding drop -in child care to be more similar to some other permitted use listed in Section 35 -322. 8 -28 -86 -2- Planning Commission Information Sheet Application No. 86032 Applicant. Spiritual Life Ministries, Inc. Location: 1800 Freeway Boulevard Request: Special Use Permit The applicant requests special use permit approval to operate a religious training center in a portion of the industrial building at 1800 Freeway Boulevard. The building and parcel in question are zoned I -2 and are bounded by the Northwestern -Bell service building on the north, by James Avenue North on the east, by Freeway Boulevard on the south, and by Shingle Creek Parkway on the west. Both religious and educational uses are comprehended in the I -1 zoning district in Section 35 -330, Subsection 3f of the Zoning Ordinance (attached). That section incorporates Section 35- 322.1h (educational uses) and indirectly Section 35- 320.le (religious uses) from the C2 and Cl zoning districts. Applicant's Submittal The applicant li cant has submitted written material terial describi ng proposed the use and a floor P plan of the tenant space showing seating in the main room on the south end and classroom and office space on the north end of the space. The written material indicates that all assembly se f the he ten t spac w an ce ould be during the Y p ng evening on Sunda M onday, onday, Tuesday and Thursday. The heaviest use of the space would be Sunday evenings when a total attendance of 125 persons is expected. Evening classes would draw 75 to 100 persons, mostly adults. Office hours would be 9,00 a.m. to 4 :00 p.m., Monday through Friday, the time of lowest utilization. The applicant, Judy Ellingson, has requested that t parking � � he n q p requirement for the proposed osed use be q A P calculated similarly o a church which Y c does not provide parking for concurrent use of all building space, but for the main assembly area. She also points out that the evening time schedule for most activities should not conflict with the normal use of the remainder of the industrial building. A proposed floor plan of the tenant space has also been submitted. The plan shows potential seating in the main P ng assembly room of approximately 260 persons.. Another 15 or�so may be assumed in the stage area (orchestra, choir, piano, organ, and lecturn or pulpit).- If this is the,only room used on Sunday evening, the .peak assembly use might, therefore, be as high as 275 persons. Staff Analysis Non- industrial uses are permitted in the I -1 zoning district under Subsection 3f of Section 35 -330 of the Zoning Ordinance, provided they meet the standards of Section 35 -220 and provided they are compatible and complementary to other land uses in the district and are of comparable intensity to permitted I -1 district uses (See Section 35 -330 attached). The main questions to be addressed with this application appear to be concerning parking requirements and general intensity of use. a) Parking Accepting for the moment the applicant's request that only the main assembly room be used to calculate required parking, and accepting the seating plan with a potential attendance of 275 persons, the parking requirement may tentatively be set at 92 stalls. (It should be noted that the proposed use would occupy the space formerly occupied by Viking Gym which required 43 spaces) . The balance of the uses within the industrial building at 1800 Freeway Boulevard require a total of 152 spaces. There are 212 spaces p on the site. To this may be added a potential of approximately 71 spaces at the northwest corner of the site which have never been striped or 8 -28 -86 -1- Application No. 86032 continued delineated. If additional classrooms and offices are included in the total parking requirement, approximately 1 2 q � AA 0 additional stalls could e Y 1 co b required office and 1 q (5 5 for other classrooms). A maximum case parking requirement would, therefor!, appear to be about 112 spaces. Added to the requirement for existing uses within building, a total of 264 spaces is required. This falls within the 293 spaces possible on the site. Some written guarantee that the additional spaces will be striped and delineated should be required. b) Use Intensity Nonindustrial special uses in the I -1 district are subject to the standards set forth in Section 35 - 220, Subdivision 2, and those in Section 35 -330, Subdivision 3f (attached) If there is a distinction in these sets of standards, it may be that the general special use standards in Section 35 -220 are concerned with the impact of a proposed use on the spatial realities of parcels, streets and land uses, while the standards of Section 35 -330 are more concerned with the impact of a proposed use on the character of a particular zoning district (I -1). Both sets of standards are concerned with traffic generated and how it will be accommodated on and off the site. The proposed use is certainly somewhat atypical in the Industrial Park. One seldom visualizes an industrial building as the setting of a religious training center. However,` the function of a zoning review is not concerned particularly with the thoughts which may occur to those who use the land, but with whether the proposed use will threaten either the private investments which neighbor it or the public investments which serve it. In this case, we conclude there is no real damage posed to adjacent properties or to the Industrial Park generally by the proposed training center. Other uses have been permitted in the Industrial Park which have at least an assembly aspect to them: ie. the meeting rooms and banquet facilities at the Ramada Hotel, Arlene Krolls' dance studio in Shingle Creek Plaza, and to a lesser extent the restaurant and live entertainment uses permitted at Chuck Muer's restaurant. Absent a shortage of parking or other threat to the environment, there seems no good reason to deny a use which is comprehended among those listed in Section 35- 330.3f. It should be acknowledged, however, that the proposed use, even more than the previous gymnasium use, signals a growing demand for the location at Shingle Creek Parkway and Freeway Boulevard for uses more than industrial The proposed training center is perhaps more in keeping with the more intense uses south of Freeway Boulevard or west of Shingle Creek Parkway. The evening hours of the use will tend to complement the predominantly daytime hours of most uses in the Industrial Park, but are consistent with a number of other special uses in the area (Ramada, Chuck Muer's,Earle Brown Bowl, etc). Recommendation Altogether, the proposed training center use appears acceptable in this location and approval of the special use permit is recommended, subject to at least the following conditions: 1. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 8 -28 -86 -2- ` Application No. 86032 continued 3. The special use permit is issued to the applicant as operator of the religious training center and is nontransferable. (This condition does not prevent a change of ownership or management of Spiritual Life Ministries, Inc., but applies to any operation wishing to use the space which is not a continuation of the operation proposed under this application). 4. The owner of the property shall enter into a deed restriction guaranteeing the striping and delineating of up to 71 parking stalls at the northwest corner of the site upon a determination by the City that parking demand on the site exceeds the available number of parking spaces. Said deed restriction shall be executed and filed at the County prior to the issuance of building permits. The plan for striping and delineating parking stalls shall be subject to review and approval by the Zoning Official. 5. Special use permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. 8 -28 -86 -3- Planning Commission Information Sheet Application No. 86033 Applicant: Lombard Properties Location: Shingle Creek Business Center Central Lot Request: Site and Building Plan The applicant requests site and building plan approval to construct a plaza with two pools, a pavillion in the central parking lot of the Shingle Creek Business Center complex, west of Shingle Creek Parkway and north of Freeway Boulevard. The property in question is zoned I -1 and is bounded on the north by RCM Plaza and the Spec. 11 building, on the east by the Parkway Place office - industrial building, on the south by vacant I -1 zoned land, on the southwest by the Ramada Hotel, and on the west by vacant I -1 zoned land. The proposed plaza is an aesthetic improvement to the central parking lot and does not constitute a separate use requiring parking spaces, etc. The plaza is to be located along the south side of Tract C, R.L.S. No. 1564 (the northerly of the two tracts which contain the central parking lot). It is approximately 54' wide north to south and 270' long east to west. A perimeter planting bed varying in width from 5' to 12' shields the central paved plaza from cars parked to the north and south. The plantings include 10 Honeylocust trees, 7 Japanese Tree Lilacs, 5 Radiant Crabs, a Red Maple, and 6 Colorado Spruce. In addition, a number of shrubs are proposed, including Broadmoor and Sea Green Junipers approximately 4' apart in the perimeter planting bed. Spirea shrubs are also indicated in the northerly planting bed and near the pavilion. The plaza area is to contain a 20' square pavilion on the eastern end cantilevered over a large reflecting pool about 75' long and 12' to 24' wide. At the west end of the plaza is to be a fountain with vertical acrylic cylinders (similar to the fountain at Peavey Plaza) flowing into a smaller pool. In the center of the plaza six picnic tables are to be located. Benches are provided in appropriate locations near the water features. A sidewalk is also planned to run south of the plaza toward the future office site at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. The remainder of Tract C, R.L.S. 1564 will be devoted to parking spaces except for greenstrip areas separating the parking lot from the private drive serving the interior of the business center known as Parkway Circle. Part of the lot is already paved and the remainder should be completed this year. The City holds a financial guarantee for its completion and the possible construction of a ramp. The fact that the plaza area will reduce the number of stalls in the central lot by 64 increases somewhat the likelihood that a parking ramp will be constructed. However, this is offset by the fact that the Spec. 12 site (west of the lot) will no longer be allocated spaces from the central lot (See application No. 86034)• One concern of the plan for the central lot is the narrowness of the greenstrip adjacent to Parkway Circle. Most commercial and industrial parking lots are separated from public streets by approximately 15' of boulevard and 15' of greenstrip. In the winter, this generally allows for snow storage without kicking the snow from pavement to pavement. In this case, however, some portions of the central lot will be separated, from the private road by a greenstrip of only 7' width without any boulevard. Since the lot is fairly large and the roadway is over 40' wide, it is obvious that there will be inadequate space for snow storage on the site. 8 -28 -86 -1- Application No. 86033 continued In the near future, the snow will likely be stored on the central lot. ' However, as occupancy of even existing buildings reaches 100 %, there will be greater demand for all the parking spaces on the central lot. As a result, the snow will have to be removed from the site or cars may begin to park on the private road. Staff recommend that the private road be designated entirely as a fire lane to prevent this second option from developing. Altogether, the plans for the plaza area and central lot are in order and approval is recommended, subject to at least the following conditions: 1. Building, plumbing, mechanical and electrical plans for the pavilion, fountain, and pools 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• B612 curb and gutter shall be provided around all parking and driving areas. 4. Underground irrigation shall be provided in all landscaped areas to facilitate site maintenance. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. Anus -built utility survey of the site shall be submitted to the City Engineer prior to release of the financial guarantee for the central lot. 7. The private road known as Parkway Circle shall be designated as a fire lane in its entirety. 8 -28 -86 -2- Planning Commission Information Sheet Application No.86034 Applicant: Lombard Properties Location: 6601 Shingle Creek Parkway Request: Special Use Permit The applicant requests amended special use permit approval for off -site accessory parking for RCM Plaza, Parkway Place, and Ramada Hotel on the central parking lot at the Shingle Creek Business Center north of Freeway Boulevard and west of Shingle Creek Parkway. The Spec. 12,site (vacant land west of the central lot) will no longer have an allocation of stalls from the central lot. The land in question consists of two parcels, Tract C, R.L.S. No. 1564 and Tract C, R.L.S. No. 1572 which are zoned I -1. and are located roughly in the middle of the Shingle Creek Business Center. Existing Allocation The existing allocation of spaces in the central` lot was established under Application No. 84010. That application acknowledged a plan that provided 340 spaces in the central lot on grade and the potential of 157 additional stalls through the construction of a ramp on the northerly portion of the central lot. The existing allocation of stalls in the central lot, therefore, totals 497 spaces. This total is distributed as follows: Ramada Hotel 61 spaces Spec. 11 102 spaces RCM Plaza 202 spaces Parkway Place 82 spaces Spec. 12 50 spaces Total 497 spaces Causes for Change What is happening under the proposed amendment is roughly the following: 1. The Spec. 12 site is being removed from central parking allocation. 2. The allocation for Parkway Place is being increased because of greater office occupancy in the building (approximately 70 %) than comprehended in the original approval (50 %). 3. The new plaza area proposed under Application No. 86033 is reducing the number of on -site stalls in the central parking lot from 340 to 276. 4. The allocation for the RCM Plaza is being significantly reduced because the building s smaller than planned in earl 1984 and � Y more stalls have been provided on the RCM site. New Allocation The result of the above changes is a new allocation as follows: 8 -28 -86 -1- Application No. 86034 continued . ►. Building Spaces Required Provided On -Site Off -Site Central Lot Shingle Creek II 152 50 102 RCM Plaza 226 176 50 Parkway Place 254 156 98 Ramada Hotel 443 428 65 315 Ramp The new allocation. of 315 total stalls exceeds the new central lot layout of 276 stalls by 39 stalls. More than 39 stalls would have to be provided in the ramp since some surface stalls would be lost in the construction of the ramp. There is presently an agreement between Lombard Properties and the City stipulating that Lombard will construct a 185 stall ramp (157 net additional stalls) upon a determination by the City that parking demand in this complex requires it. Although the ramp comprehended in this agreement exceeds the requirements of the revised allocation, it is recommended that it be continued in its present form at least until all the buildings served by the allocation are occupied and fully operational. Future Considerations odd Properties is presently pursuing acquisition of the southerly portion of the MTC site. This land could also be used as off -site lot for buildings, in the Shingle Creek Business Center. However, any buildings using that site would be limited to that site for off -site accessory parking and must also be within 800 of the stalls to be dedicated for its use. The MTC land is, therefore, more limited in its usefulness. Another consideration for the future is the prospective development of a five storey office building on the vacant parcel at the northwest corner of Shingle Creek Parkway and Freeway Boulevard. That building will likely require an allocation of stalls from the central lot, perhaps more than the 50 allocated to RCM Plaza which will probably shift eventually to the MTC excess land. The Spec. 12 site, as a consequence, will provide the last escape valve to finally accomodate total parking requirements with or without a ramp. It should be clear, therefore, that the proposed allocation is an interim measure that will likely be changed again when the office site and building plan is submitted for approval. In view of its interim nature, we recommend that the existing ramp agreement be kept intact to allow greater flexibility in the planning of the respective sites remaining in the Shingle Creek Business Center. Recommendation Approval of the proposed parking allocation for the central lot is recommended, subject to at least the following conditions 1. The revised declaration establishing parking rights for the Ramada Hotel, RCM Plaza, Parkway Place, and Shingle Creek II shall be reviewed and approved by the Zoning Official and the City Attorney prior to filing at the County. 2. The performance agreement and financial guarantee for the central lot and the agreement between the City and Lombard Properties for the possible construction of a ramp within that lot shall remain in effect until all need for the ramp has been removed by approved and construction developments within the Shingle Creek Business Center. 8 -28 -86 -2- . g CITY OF BROOKLYN CENTER / Notice is hereby given that a public hearing will be held on the day of 1986 at p.m. at the City Hall,7301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the zoning classificiation of drop -in child care centers. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. , ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF DROP -IN CHILD CARE CENTERS THE CITY COU14CIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS; Section 1. Chapter 35 of the City Ordinances is hereby amended in the following manner: Section 35 -320. C1 SERVICE /OFFICE DISTRICT 1. Permitted Uses v. Drop -in child care centers licensed by the Minnesota Department - of Public Welfare pursuant to a . valid license application provided that a copy of said license and application shall be submitted annually to the City. Section 35 --322. C2 COMMERCE DISTRICT 1. Permitted Uses k. Drop -in child care centers licensed by the Minnesota Department of Public Welfare pursuant to a valid license application, provided that a copy of said license and application shall be submitted annually to the City. Section 35 -900 DEFINITIONS. Drop -in child care center - A facility licensed by the Minnesota Department of Public Welfare to provide child care on an irregular basis for periods not to exceed five 5 consecutive hours in a given 2T4 hour period. Such centers are intended to provide babysitting service for parents who wish to shop and /or pursue leisure activities and do not provide regular care of children while parents travel to a place of work. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of to ORDINANCE N0. Mayor ATTEST; Clerk Date of Publication Effective Data (Underline-indicates new matter, brackets indicate matter to be deleted.) 9 dd CITY OF BROOKLYN CENTER i n J Notice is hereby given that a public hearing will be on the 8th day of September 1986 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the zoning classification of certain land. Auxiliary aids for handicapped persons are available upon request at lest 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -1160 and Section 35 -1200 of the City Ordinances are hereby amended in the following manner: Section 35- 1160. MULTIPLE FAMILY RESIDENCE DISTRICT (R7). The following properties are hereby established as being within the (R7) Multiple Family Residence District zoning classification: [ Outlot F, except the westerly 100 feet of that part of Outlot F, Brooklyn Center Industrial Park Plat 1 which lies in Section 2 T118 R21.1 Tract B, R.L.S. No. 1543. Tract A, R.L.S. No. 1380. Tract I, R.L.S. No. 1594. All of the southeasterly half of vacated Earle Brown Drive, as platted in Twin Cities Interchange Park, according to the recorded plat thereof, adjoining said Tract A. The westerly 40 feet of Tract H, R.L.S. No. 1380, south of the easterly extension of the north line of Tract A, R.L.S. No. 130. Section 35 -1200. INDUSTRIAL PARK DISTRICT (I -1) The following properties are hereby established as being within the (I -1) Industrial Park District zoning classification: [Lot 3, Block 1, Twin Cities Interchange Park Addition. Outlots C and D, Twin Cities Interchange Park Addition, except that portion of said Outlots lying within Tracts B, C, and D of Registered Land Survey No. 1274. That part of Gutlot I, Twin Cities Interchange Park Addition, lying east of the following described line: Commencing at a point in the northerly line of said Outlot I, distant 770 feet southeasterly (as measured along said northerly line) from the most northwesterly corner thereof, (said northerly line assumed at bearing south 68 45' 34 " east) ; thence south 21 14' 26 " west a distance of 695.13 feet; thence southwesterly along a tangent curve, concave southerly, having a radius of 2233.35 feet, central angle of 11 27' 38 11 , to the intersection of said curve with the right -of- way line of Shingle Creek Parkway, and there terminating. ORDINANCE NO. Lot 2, Block 3, Brooklyn Center Industrial Park, Plat 2. The west 325 feet, as measured along the north and south lines thereof, of the following described property: That part of the southeast 1/4 of the northeast 1/4 of Section 35. Township 119, Range 21, lying north of the north line of Lot 2, Block 1, Brooklyn Center Industrial Park Plat 2, and the north line of Lot 1, Block 1, Twin Cities Interchange Park and its eastely extension and lying east of the east line of Lot 1, Block 1, Brooklyn Center Industrial Park Plat 2 and its northerly extension. The north line of said property being determined by Judicial Landmarks set pursuant to Torrens Case. No•.. 495.7 Tracts -D, -H, I, K, and L of R.L.S. No. 1499. Tract A, R.L.S. No. 1274. Tract B, R.L.S. No. 1348. Tracts A, B, C, D, R.L.S. No 1360• Tracts B and C, R.L.S. No. 1382. " Lot 2, Block Berean Addition. -' Lots -1 and 2, Block 1, -Brooklyn Center Industrial Park, Plat 2. .. -- Lot 3� Block Twin Cities Interchange Park Addition. Tracts A,.B, C, and R.L.S. No. 1329. Tracts A, B, C, D, E, F and H, R.L.S. No. 1482. Tract A, R.L.S. No. 1538. Tract A, R.L.S. No. 1405. Tract A, R.L.S. No. 1537 - Tracts A, B, and C, R.L.S. No. 1564. Tracts A, B, C, D, E, F and G, R.L.S. No. 1572• Tracts A, B, C, D and E, R.L.S. No. 1377 Lots _1 and 2, Block 2, Brookdale Corporate Center Addition, Lots 1 and 2, Block 1, Brooklyn Farm Plat. Tracts D and F, R.L.S. No. 1594• Tracts D and E, R.L.S. No. 1380, except highway. ORDINANCE N0. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1986: Mayor ATTEST Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) i CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of September 1986 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding administrative permit fees. Auxiliary aids for handicapped persons_are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE N0. :_ AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING ADMINISTRATIVE PERMIT FEES THE CITY �COUNCIL_ THE OF-BROOKLYN CENTER DOES ORDAIN AS FOLLOWS; Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended .in. _the_-following manner: Section 35- 800.. _..ADMINISTRATIVE PERMITS. No person shall use his property or /and assist, countenance or allow the use of his or of another I s property located within the-municipality for any of the following purposes or uses without first having obtained a permit from the City zoning official. The use shall not for the duration of the permit, considering the time of year, the parking layout for the principal use, the nature of the proposed use and other pertinent factors, substantially impair the parking capacity of the principal use or impair the safe and efficient movement of pedestrian and vehicular traffic either on or off the premises. A waiver from certain provisions of the sign ordinance and from certain parking requirements of this ordinance is implied by the granting of an administrative permit, but only for the duration of the permit and to the extent authorized by said permit. 1. Tents, stands and other temporary structures for church functions, civic functions, charities, carnivals, and similar purposes for a period not exceeding 10 days. The permit fee shall be [$2] as set forth by City Council resolution Certificates of insurance 'may — be required to assure the public welfare. 2. Off -site signs promoting or announcing civic functions or community events may be authorized by the City Council for a period not exceeding 10 days provided: a. The off -site signs are located on private property in the Commerical (Cl, C1A, and C2) or Industrial (I -1 and i -2) zoning districts. b. The off -site signs are limited to no more than five locations; and c. There are no more than one sign per location. Permits for such signs will be considered independent of any other permits authorized by this section of the ordinance. The permit fee shall be [$2] per sign location as set forth by City Council resolution. 2. Out of door retail sale, storage and display of merchandise or offering of services when accessory to or promoting a permitted use or a special use within a nonresidential zoning district as follows: ORDINANCE N0. a. The out of door retail sale, display, and storage of nursery and garden merchandise including lawn furniture and equipment, for a period not to exceed 30 consecutive weeks in any one calendar year. The permit fee shall be [$5.] as set forth by City Council resolution. b. Miscellaneous out of door retail sales or displays or promotional events for periods not to exceed 10 consecutive days. Two such 10 day permits may be allowed per premises per calendar year. The permit fee shall be [$2.1 as set forth by City Council resolution. c. Gasoline service stations may have miscellaneous out of door retail sales, displays or promotional events for periods not to exceed 30 consecutive days. Three such 30 day permits may be allowed per premises per calendar year. Car wash fund raisers which are not classified as being accessory to or promoting a service station activity are permitted for periods not to exceed 10 consecutive days. Four such 10 day permits may be allowed per premises per calendar year. Permit fees shall be [$2.] as set forth by City Council resolution. Section 2. This ordinance shall be come effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 . Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY - 6301 SHINGLE CREEK PARKWAY OF B:YROOBROOKLYN TI VAT CENTER, MINNESOTA.55430 KL 1 ��) TELEPHONE 561-5440 C EN TE ' R EMERGENCY - POLICE - FIRE 911 August 21, 1986 Dear Property, Owner: Enclosed is an official notice of public Searing on proposed special assessments and a copy of the proposed assessment roll(s)'pertaining to your property. If there are any objections to the enclosed assessments please follow the procedures outlined within the official-'Notice of Public` Hearing: Special assessment charges for your property are highlighted on the enclosed proposed assessment roll. The total principal will be payable in'equal annual installments for the period` stated 'at'the top`of the special assessment roll. Interest is_paid_on the unpaid.balance and the rate of interest is estimated to be 10 %. (The actual - interest rate will -be- determined by the City Council when the assessment is levied.) If the special assessments are adopted by the City - Council --on - September -8, --- __. - -. 1986, after the public hearing, the special assessments may be prepaid at City Hall.- Prepayments for the total assessment received between September 9, 1986 and October ---S 1986 - wi -1l not--- ine-lude- interest cost. Prepayments for the total assessment received between October 9, 1986 and November 15, 1986, must include interest cost calculated on the total assessment from the date of the adoption of the assessment resolution to--t-he--date--of payment. On November 16, 1986--and---on. each November 16th thereafter, the first and succeeding - special assessment installments will be placed on the roll of property taxes payable in 1987 and succeeding years by the Hennepin County Director of Finance. The first installment shall include fifteen months interest. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. If you have any questions regarding this assessment or the assessment process, please contact the City Engineering Office at 561 - 5440. IMPORTANT NOTE PLEASE REFER TO THE OFFICIAL NOTICE OF PUBLIC HEARING FOR INSTRUCTIONS REGARDING DEFERRAL OF SPECIAL ASSESSMENTS AND AUXILIARY AIDS FOR HANDICAPPED PERSONS. Si c Feer .R City En HRS : j n ,•74 _5 � m ante CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota, will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 8 19 p 86, at 8:00 P.M,, local time to hear and o ass u al P upon 1 objections, if any the J � y, proposed assessments or th p p f e following .improvements. Improvement Project No 1986 -07 Turn lane construction on Shingle Creek Parkway at John Martin Drive and Summit Drive for the shopping center located in Shingle Creek Center. It is proposed to assess the following parcels benefitted by this improvement: Lot 2, Block 1 Shingle Creek Center Addition Lot 1, Block 1 Shingle Creek Center Addition The total cost of the improvement is $22,098.13. PROCEDURAL INFORMATION These assessments are now on file in the office of the City Clerk and open to public.inspection. Written or oral objections to the proposed assessments will be considered at this meeting, but the City Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting u J g on P such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The City will present its case first by calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the council as to the weight of items of evidence or testimony presented to the council. 5. The entire proceedings will be tape - recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the council based on the evidence and the law. No new evidence may be presented at this point. s An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. PROCEDURAL INFORMATION FOR DEFERRED ASSESSMENTS Under Minnesota Statutes, Section 435.193 to 435.195, the City Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older, or by a person retired due to permanent and total disability for whom it would be a hardship to make- payment. The City Council has established the following qualifying conditions for applicants for deferred payment of special assessments: 1. Applicant must be 65 years of age or older, or retired due to permanent and - total disability.-_ 2. The applicant's` - ' annual income shall not exceed $17,400. 3. The aggregate total of previous special assessment installments plus the w first year installment of` the ' current- levy must exceed two (`2) percent of the applicant's- annual income. The applicant will be required to pay up to two (2) percent of their- annual income toward the special assessment; any excess can be deferred.- When deferment'of a special assessment terminates, for any reason provided in the law, all amounts accumulated plus applicable interest become due. Further information regarding deferred assessments and application forms are available at the.City Clerk's 'office-. _ IMPORTANT NOTE: TO QUALIFY FOR DEFERMENT OF SPECIAL ASSESSMENT, APPLICATION MUST BE FILED WITH THE CITY CLERK PRIOR TO AUGUST 29TH, 1986. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. D.K. Weeks, City Clerk By order of the City Council Published in the Brooklyn Center Post on August 21st, 1986. CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota, will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, September 8, 1986, at 8 :00 P.M., local time, to hear and pass upon all objections, if any, to the proposed assessments for the following improvements: PUBLIC UTILITY HOOKUPS It is proposed to assess a water and /or sanitary sewer hookup charge to those tracts or parcels which were not previously assessed a full share of the cost of the water supply system and which have been permitted to connect to such systems by written agreement pursuant to City Ordinances, Section 4 -201 and Chapter 15. DISEASED SHADE TREE REMOVAL COSTS It is proposed to assess the cost of diseased shade tree removal to those tracts or parcels where trees were removed during 1986 by written agreement with the property owner or by order of the City Tree Inspector pursuant to City Ordinances, Section 19 -1501 through 19- 1506. DELINQUENT PUBLIC UTILITY ACCOUNTS It is proposed to assess public utility charges to those tracts or parcels where such charges were delinquent as of July 1; 1986, and after due notice to the property owner, remain unpaid. This assessment is made pursuant to City Ordinances, Section 4 -105. DELINQUENT WEED DESTRUCTION ACCOUNTS It is _proposed to assess the cost of noxious weed destruction to those tracts or parcels where, pursuant to City Ordinance Section 19.1601 through 19 -1604, noxious weeds were destroyed by order of the City Weed Inspector and the cost for such destruction, having been billed to the property owner, remains unpaid. PROCEDURAL INFORMATION These assessments are now on file in the office of the City Clerk and open to public inspection. Written or oral objections to the proposed assessments will be considered at this meeting, but the City Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The City will present its case first by calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the council as to the weight of items of evidence or testimony presented to the council. 5. The entire proceedings will be tape - recorded. 6. At_the close of presentation of evidence, the. objector may make a final presentation to the council based on the evidence and the Law. No new evidence may be presented at this point. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of,the City_within 30-days after the adoption. of the ;assessment and such notice with the district court within ten days after service upon the;.Mayor or Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land-may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. PROCEDURAL INFORMATION FOR DEFERRED ASSESSMENTS Unde r .Minnesota Statutes, Section 435.193 to 435_Z95,. the City Council ma ty y, in its discretion, defer the payment of this special assessment for any homestead property-owned by a.person 65 years of age. or older, or by a person retired due 0 t permanent ntand total disability Z ty for whom it would be a hardship to make payment. The City ;Council has :_established.the_ following qualifying conditions for applicants for deferred payment of special assessments: 1 Applicant roust be 65,years_of age or older, or retired due to permanent and total disability: 2. The applicant's annual income shall not exceed $17,400. 3. The aggregate total of previous special assessment installments plus _the first: year installment of the current levy must exceed two (2) percent of the applicant's annual income -The applicant will be 'required to pay up to two (2) percent of their annual income toward the .specialassessment,• any excess can be deferred. When deferment of a special assessment terminates, for any reason provided in the Taw, all amounts accumulated plus applicable interest become due. Further information regarding deferred assessments and application forms are available at the City Clerk's office. IMPORTANT NOTE: TO QUALIFY FOR DEFERMENT OF SPECIAL ASSESSMENT, APPLICATION MUST BE FILED WITH THE CITY CLERK PRIOR TO AUGUST 29, 1986. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. _v D.K. Weeks, City Clerk By order of the City Council Published in the Brooklyn Center Post on August 21st, 1986. X�A / 1 i Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ADOPTING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. 1986 -07 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy No. 10257 for the following improvement: SHINGLE CREEK PARKWAY STREET TURNLANE IMPROVEMENT PROJECT NO. 1986 -07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as follows: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of fifteen (15) years, respectively, as indicated on each assessment roll. The first of the installments to be payable on or before the first Monday in January, 1988, and shall bear interest at the rate of ten (10) percent per annum from October 1, 1986. To the first installment shall be added interest on the entire assessment from October 1, 1986 until December 31, 1987. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to . certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at an time thereafter, , pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged h December 31 of the , d throu g g succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. RESOLUTION NO. 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 6301 SHINGLE CREEK PARKWAY OF I :BRO - OKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTE R EMERGENCY - POLICE -FIRE 911 TO S Knapp, Director of Public � blic Sy PP Works FROM Joe - Oster, Public Works Coordinator DATE: September 3, 1986 RE:. Shingle Creek Parkway Street Turnlane Improvement Project No. 1986 -07 The above referenced project is completed and the final costs have been tabulated. The following information is submitted to assist in review of the project costs and assessment amounts. As Estimated Actual Contract $ 42,983.00 $ 19,242.90 Engineering 3,868.00 1,731.86 Administration 430.00 192.43 Legal 430.00 192.43 Capitalized Interest 5.158.00 738.51 $ 52,869.00 $ 22,098.13 The full amount of this contract ($22,098.13) will be assessed against benefited property owners as directed by the Shingle Creek Center Subdivision Agreement. Respectfully submitted, Approved f r Submittal, seph G. Oster S Yap Y P Public Works Coordinator Director of Public Works JGO: jn CERTURN.MEM "74 —%weerAcaf NOW Aimp 0 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1986 -07 Levy No.: 10257 Description: Construction of turnlanes on Fund /Code No.: 59 -107 Shingle Creek Parkway Levy Description: STREET (86 -07) 86 Location: On Shingle Creek Parkway at Levy runs fifteen (15) year (from 1987 to 2001) Summit Drive and John Martin Drives with interest at the rate of ten (10) percent. i Improvement Searing Date: N/A First payment, with property taxes payable in 1987 shall include fifteen (15) whole months interest. Improvement Ordered on: N/A Date of Assessment Searing: September 8, 1986 by Resolution No.: N/A Adopted on: Assessment District: Lot 1 and 2, Block 1 Shingle Creek Center by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Direct costs in accordance with the provisions listed in the Subdivision Agreement i Cost Summary from Resolution No.: Total Improvement Cost: $ 22,098.13 Less Direct City Share: $ 0.00 (Fund M.S'.A.) Less Other Payments: $ 0.00 Total Assessed to Property: $ 22,098.13 Assessed to City Owned Property: $ 0.00 Assessed to Other Public Property: $ 0.00 Assessed to Private Property: $ 22,098.13 CITY OF BROOKLYN CENTER SHINGLE CREEK PARKWAY TURNLANE CONSTRUCTION MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 15 YEAR ASSESSMENT PERIOD PAGE 1 OF 1 PROPERTY ASSESSED I OWNER I Additional Notification LEVY 1PROJECTI PROPERTY I ADDN. I TOTAL I Address 1 Name I Name I NO. I NO. 11DENTIFICATION NO,1 NO. I PRINCIPAL I Addition /Legal Description 1 Mailing Address I Mailing Address I 1-1-1 1-1- I I I 1 110257 1 102- 118 -21 -12 -0012 1 02733 1 7,258.05 16000 & 6050 Shingle Creek Parkway IRYAN CONSTRUCTION CO OF MN I 1 1 1 I 1 I 1900 - 2ND AVENUE SOUTH 1 I 1 1 1 I I 1 I700'INTERNATIONAL'CENTRE I 1 1 ( I (MINNEAPOLIS, MN 55402 1 I 110257 1 135- 119- 21 -43- 0009 1 02733 1 14,840,08 IL2; B1, Shingle Creek Center (RYAN CONSTRUCTION CO OF MN" (DAYTON HUDSON CORPORATION I 1 I ( 1900 - 2ND AVENUE SOUTH (PROPERTY TAX DPT, SUITE 240 1 I I I 1 1700 INTERNATIONAL CENTRE _ .. 1777 NICOLETT MALL 1 IMINNEAPbLIS, MN 55402 IMINNEAPOLIS, MN 55402 1 $22,098.13 /Dhl Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Tree Inspector of the City of Brooklyn Center has caused the removal of diseased trees on certain property within the City during 1985 and 1986 under the authority of Minnesota Statutes, Section 18.023 and by written agreement with the owners of such property; and WHEREAS, two assessment rolls, a copy of each of which is attached hereto and made part hereof by reference, have been prepared by the City Clerk, one tabulating those properties where diseased shade tree removal costs are less than or equal to $300.00 and one tabulating those properties where diseased shade tree removal costs are greater than $300.00 together with the amounts proposed to be assessed to each property; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Diseased Shade Tree Removal Costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as 'follows: 1. Said assessment rolls of diseased shade tree removal costs are hereby adopted and certified as the following levies.: Tree Removal costs less than or equal to $300 Levy No. 10250 Tree Removal costs greater than $300 Levy No. 10251 2. Such assessment shall be payable in equal annual installments extending over a period of years as listed below. The first of the installments to be payable on or before the first Monday in January, 1988, and shall bear interest at the rate of ten (10) percent per annum from October 1, 1986. To the first installment shall be added interest on the entire assessment from October 1, 1986 until December 31, 1987. To each subsequent installment when due shall be added interest for one year on all unpaid installments. a. Assessments less than or equal to $300.00 are payable in three annual installments. b. Assessments greater than $300.00 are payable in five annual installments. RESOLUTION NO. 3. The owner of any property so assessed may at any time prior to certification of the _assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such.,payment_is made. ;Such payment must be made before November 15; or interest will be charged through December; 31 of the - .succeeding year. 4. The City Clerk shall - forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon the following P , g g 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 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1985 -08 and 1986 -04 Levy No.: 10250 Description: Cost of diseased shade tree removal to Fund /Code No.: 17 -100 those tracts or parcels where trees were removed during 1985 or 1986, by written Levy Description: TREE REMOVAL 86 -3 agreement with the property owner or by order of the City Tree Inspector at a Levy runs three (3) years (from 1987 to 1989) cost less than $300 with interest at the rate of ten (10) percent. Location: Various City Locations First payment, with property taxes payable in 1987 shall include fifteen (15) whole months interest. Improvement Hearing Date: N/A Date of Assessment Hearing: September 8, 1986 Improvement Ordered on: NIA 4 by Resolution No.: N/A Adopted on: Assessment District: N/A by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Direct cost, interest and administrative , costs assessed Cost Summary from Resolution No.: N/A Total Improvement Cost: $ 4,772.29 Less Direct City Share: $ 0.00 (Fund M.S.A.) Less Other Payments: $ 0.00 Total Assessed to Property: $ 4,772.29 Assessed to City Owned Property: $ 0.00 Assessed to Other Public Property: $_ 0.00 Assessed to Private Property: $ 4,772.29 CITY OF BROOKLYN CENTER TREE REMOVALS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 3 YEAR ASSESSMENT PERIOD PAGE 1 OF 2 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10250 01- 118 -21 -12 -0016 89295 $288.00 5921 Lyndale Avenue North Mark C.,':Ruduk 5921 Lyndale Avenue North Brooklyn Center, MN 55430 10250 01- 118 -21 -13 -0040 89560 $291.00 5834 Camden Avenue North Astrid.Clymer i Astrid Clynter 5834 Camden Avenue North 5520 - 9th Avenue North Brooklyn Center, er MN 55430 Plymouth, ym MN 55447 10250 01- 118 -21 -22 -0066 89621 $197.00 6015 FremontiAvenue North Jerold.Payne' 6015 Fremont Avenue North Brooklyn Center, MN 55430 10250 01- 118 -21 -31 -0051 89385 $195.11 5535 Bryant Avenue North Herbertr& Ann Thunder 5535 Bryant Avenue North Brooklyn Center, MN 55430' 10250 01- 118 -21 -33 -0034 89365 $163.00 5427 Fremont Avenue North James &r , Elleen Mack 5427 Fremont Avenue North Brooklyn Center, MN 55430 10250 01- 118 -21 -33 -0098 89675 $290.00 5415 Emerson Avenue North Brian D.•Mason 5415 Emerson Avenue North Brooklyn Center; MN 55430 10250 02- 118 -21 -14 -0090 90055 $197.00 5743 Humboldt Avenue North Jerome Westlund 5743 Humboldt Avenue North Brooklyn Center, MN 55430 10250 02- 118 -21 -22 -0054 89441 $73.52 5942 Vincent Avenue North William & Mandea Diggs Lee R & Phyllis, Nelson 5942 Vincent Avenue North Route 1, Box 285A Brooklyn Center, MN 55430 Deerwood, MN 56444 10250 02- 118 -21 -33 -0016 89535 $162.41 5324 North Lilac Drive Donn & Deborah Burseth 5324 North Lilac Drive Brooklyn Center, MN 55430 10250 02- 118 -21 -41 -0082 89580 $280.00 5650 Logan Avenue North Lucille Eilertsen 16490 Gannon West Rosemount, MN 55068 10250 02- 118 -21 -44 -0042 89475 $197.00 5322 Irving Avenue North Donald Grimes 5322 Irving Avenue North Brooklyn Center, MN 55430 CITY OF BROOKLYN CENTER TREE REMOVALS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 3 YEAR ASSESSMENT PERIOD PAGE 2 OF 2 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10250 03- 118 -21 -11 -0100 89440 $288.00 5907 York Avenue North David Cross 5907 York Avenue North Brooklyn Center, MN 55429 10250 03- 118 -21 -21 -0021 89667 $280.00 6012 Pearson Drive James Hendel 6012 Pearson Drive Brooklyn Center, MN 55429 10250 03- 118 -21 -24 -0045 89665 $136.25 3825 France Place Thomas 8 Barbara Bryant Herbert Aaker & Michael Mohs 3825 France Place 4351 Scott Avenue North Brooklyn Center, MN 55429 Robbinsdale, MN 55422 10250 25- 119 -21 -44 -0016 89639 $291.00 7029 Willow Lane Wayne & Terry LaFore 7029 Willow Lane Brooklyn Center, MN 55430 10250 27- 119 -21 -42 -0026 89662 $245.00 7124 France Avenue North Benjamin Sugimura 7124 France Avenue North Brooklyn Center, MN 55429 10250 27- 119 -21 -42 -0043 89663 $245.00 3806 Woodbine Lane Donald Merritt 3806 Woodbine Lane Brooklyn Center, MN 55429 10250 27- 119 -21 -42 -0066 89663 $280.00 3712 - 72nd Avenue North Warren Harder 3712 72nd Avenue North Brooklyn Center, MN 55429, 10250 33- 119 -21 -42 -0116 89343 $245.00 6300 Unity Avenue North John Bourasa 6300 Unity Avenue North Brooklyn Center, MN 55429 10250 34- 119 -21 -43 -0049 90066 $288.00 6107 Brooklyn Boulevard Bertil Johnson 5333 East Twin Lake Boulevard Brooklyn Center, MN 55429 10250 34- 119 -21 -44 -0101 89392 $140:00 6113 Xerxes Avenue North Rosita Acosta P.O. Box 10937 Minneapolis, MN 55440 $4,772.29 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT;ROLL --- -- - - -- -- --- --- - ------ --------- -- - - - - -- - PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1985 -08 AND 1986 -04 Levy Nob: 10251 Description: Cost of diseased shade tree removal to Fund/Code No.: 17 -101 those tracts or parcels where trees were removed during 1985 or 1986, by written Levy Description: TREE REMOVAL 86 -5 agreement with the property owner or by order of the City Tree Inspector at a •,-Levy runs five (5) years (from 1987 to 1991) cost greater than $300 with interest at the rate of ten (10) percent. Location: Various City Locations First payment, with property taxes payable in 1987 shall include fifteen (15) whole months interest. Improvement Hearing Date: N/A i DateeofsAssessment Hearing: September 8, 1986 Improvement Ordered on: N/A by Resolution No.: N/A Adopted on: Assessment District: N/A by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Direct cost, interest and administrative costs assessed I Cost Summary from Resolution No.: N/A Total Improvement Cost: $ 1,359.39 Less Direct City Share: $ 0.00 (Fund M.S.A.) j Less Other Payments: $ 0.00 Total Assessed to Property: $ 1,359.39 Assessed to City Owned Property: $ 0.00 Assessed to Other Public Property: $ 0.00 Assessed to Private Property: $ 1,359.39 CITY OF BROOKLYN CENTER TREE REMOVALS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 5 YEAR ASSESSMENT PERIOD PAGE 1 OF 1 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10251 01- 118 -21 -32 -0053 89001 $581.00 5539 Girard Avenue North Brian D Schumann 5539 Girard Avenue North Brooklyn Center, MN 55430 10251 10- 118 -21 -12 -0076 90081 $413.39 5107 Ewing Avenue North Karen Christenson 5107 Ewing Avenue North Brooklyn Center, MN 55429 10251 36- 119 -21 -21 -0002 87105 $365.00 707 69th Avenue North Omar A Anas PO Box 7582 Minneapolis, MN 55407 $1,359.39 Member /Deg introduced the following resolution and moved its adoption: - RESOLUTION NO. RESOLUTION CERTIFYING ASSESSMENTS FOR PUBLIC UTILITY HOOKUPS WHEREAS, certain properties which were not previously assessed a full share of the cost of the municipal water supply system or sanitary sewer system have been permitted to connect to such system; and WHEREAS the owner of each such property has executed an agreement to be assessed a hookup charge pursuant to City Ordinance Section 4 -201; and WHEREAS, three assessment rolls, a copy of each of which is attached hereto and made a part hereof by reference, have been prepared by the City Clerk tabulating those properties to be assessed for water over a ten year period and a twenty year period, and sewer over a ten year period, together with the amount to be assessed to each property; and WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met..and heard and passed upon all objections to such proposed assessments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota,_ as follows: 1. Said assessment rolls of water and sewer hookup charges are hereb adopted and certified as the following levies: WATER HOOKUPS 86 -10 LEVY 10252 WATER HOOKUPS 86 -20 LEVY 10253 SEWER HOOKUPS 86 -10 LEVY 10254 2. Such assessment shall be payable in equal annual installments extending over a- period of ten and twenty years as indicated on each assessment roll. The first of the installments to be payable on or before the first Monday in January, 1988, and shall bear interest at the rat of ten (10) percent per annum from October 1, 1986- To, -the first installment shall be added interest on the entire assessment from October 1, 1986 until December 31, 1987. To each subsequent installment when due shall be added interest for one ear on all unpaid installments. y lm P 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. RESOLUTION N0. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: 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 - -------- - -- ------ ----- - - -7 -- ---- - - - -- -- - ---- j PROJECT INFORMATION - 'LEVY INFORMATION - ------- ----------- Improvement Project No.: N/A Levy No':: 10252 Description: Charges established for hookup to Fund /Code No.: 72 -102 City water system Levy Description:iWATER HOOKUP 86 -10 ',Levy runs ten (10) years (from 1987 to 1996) Location: Various City Locations with interest at the rate of ten (10) percent. i Improvement Hearing Date: N First payment, with property taxes payable in . 1987'shall include fifteen (15) whole months interest. Improvement Ordered on: NIA Date oftAssessment Hearing: September 8, 1986 by Resolution No.: NIA Adopted on: Assessment District: NIA by Resolution No.: Correct Deferments: Corrections, Deletions or Defe Method of Apportionment: Charges as agreed upon in Utility Hookup Agreement Cost Summary from Resolution No.: �f Total Improvement Cost: $ 490.00 Less Direct City Share: $ 0.00 (Fund M;S.A.) Less Other Payments: $ 0.00 Total Assessed to Property: $ 490.00 Assessed to City Owned Property: $ 0.00 ' Assessed to Other Public Property: $ 0.00 Assessed to Private Property: $ 490.00 CITY OF BROOKLYN CENTER WATER HOOKUP CHARGE MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 10 YEAR ASSESSMENT PERIOD PROPERTY ASSESSED 1 OWNER I Additional Notification 1 I LEVY 1PROJECTI PROPERTY I ADDN. I TOTAL I Address 1 Name 1 Name 1 I NO. I NO. (IDENTIFICATION NOM NO. I PRINCIPAL I Addition /Legal Description ' Mailing Address I Mailing Address 1 1-1-1 I 1 I I I 1 110252 1 133- 119 -21 -44 -0002 1 89033 1 $490.00 14701 — 63RD AVENUE NORTH 1HELEN S. PANAYOTOFF 1 1 1 1 1 1 i 1 14701 - 63RD AVENUE NORTH 1 1 1 1 1 1 1 1 IBROOKLYN CENTER, MN 55429 1 I I 1 $490.00 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL PROJECT INFORMATION LEVY INFORMATION iJ Improvement Project No.: N/A Levy No.: 10253 r Description: Charges established for hookup to Fund /Code No.:, 72 -103 City water system Levy Description: WATER HOOKUP 86-20 Levy runs twenty (20) years (from 1987 to 2006) Location: Various City Locations with interest at the rate of ten (10) percent. Improvement Hearing Date: N/A First payment, with property taxes payable in 1987 shall include fifteen (15) whole months interest. Improvement Ordered on: N/A Date of Assessment Hearing: September 8, 1986 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 Agreement Cost Summary from Resolution No.: Total Improvement Cost: $ 1,375.67 Less Direct City Share: $ 0.00 (Fund M.S.A.) Less Other Payments: $ 0.00 Total Assessed to Property: $ 1,375,67 Assessed to City Owned Property: $ 0.00 Assessed to Other Public Property: $ 0.00 Assessed to Private Property: $ °1,375.67' CITY OF BROOKLYN CENTER WATER HOOKUP CHARGE MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 20 YEAR ASSESSMENT PERIOD PAGE 1 OF 1 PROPERTY ASSESSED OWNER I Additional Notification LEVY (PROJECT PROPERTY I ADDN. I TOTAL I Address I Name Name I NO. I NO. (IDENTIFICATION NO.1 NO. I PRINCIPAL I Addition /Legal Description ( Mailing Address I Mailing Address I 1-1-1 I I I I I 1 110253 1 101- 118 -21 -34 -0065 1 89225 1 $1,375.67 15327 BRYANT AVENUE NORTH IRICHARD WHITLEY 15327 BRYANT AVENUE NORTH 1 I I 1BROOKLYN CENTER, MN 55430 $1,375.67 I i i CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL PROJECT INFORMATION LEVY INFORMATION --- -------- --- - -- .,. r - -- - ---- - - - --- - .. Improvement Project No.: NIA Levy No 10254 Description: Charges established for hookup to Fund /Code Nora! 72 -104 City sewer system Levy Description: SEWER HOOKUP 86-10 Levy runs ten (10) years (from 1987 to 1996) Location: Various City Locations with interest at the rate of ten (10) percent. Improvement Hearing Date: NIA First a ent with p 9m , .property taxes payable in 1987 shall include fifteen (15) whole months interest. Improvement Ordered on: N/A by Resolution No.: N/A Date of Assessment Hearing: September 8, 1986 Adopted on: Assessment District: N/A by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Charges as agreed upon in Utility Hookup Agreement Cost Summary from Resolution No.: Total Improvement Cost: $ 1,467.90 Less Direct City Share: $ 0.00 (Fund M.S.A.) Less Other Payments: $ 0.00 Total Assessed to Property: $ 1,467.90 Assessed to City Owned Property: $ 0.00 Assessed to Other Public Property: $ 0.00 Assessed to Private Property: $ 1,467.90 CITY OF BROOKLYN CENTER SEWER HOOKUP CHARGE MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 10 YEAR ASSESSMENT PERIOD / PAGE 1 OF 1 I 1 PROPERTY ASSESSED 1 OWNER i Additional Notification i 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 1 Mailing Address 1 Mailing Address 1 1-1-1 1-1- l 1 1 1 110254 1 133- 119 -21 -44 -0002 1 89033 I $1,467.90 14701 - 63RD AVENUE NORTH I_HELEN S. PANAYOTOFF I I L I i I 1 14701 63" AVENUE NORTH I i I IBROOKLYN CENTER, MN 55429 I $1,467.90 Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the records of the Public Utilities Department list certain accounts as delinquent as of July 1, 1986; and WHEREAS, the owner of the property served by each delinquent account has been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes, Section 444.075 and City Ordinances, Section 4-105 authorize certification of such delinquent accounts to the County tax rolls for collection; and WHEREAS, an assessment roll, a copy of which is attached hereto and made a part hereof by reference, has been prepared by the City Clerk tabulating those properties where a delinquent public utility account is to be assessed with`the amount,. interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Cify Council has "met heard and passed upon all objections to such proposed assessments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as follows: X. Said assessment roll of delinquent public utility accounts is hereby adopted and certified as Levy No. 10255. 2. The ._assessments as adopted and confirmed shall be placed upon the 1986 payable 1987 tax rolls by the Director of Finance of Hennepin `County to paid in one (1) annual installment with interest thereon at ten (10) percent per annum, for a period of fifteen (15) months from October 1, 1986 through December 31, 1987. 3_, The _owner of any property so assessed may at any time prior to - certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. RESOLUTION N0. 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 I PROJECT INFORMATION LEVY INFORMATION ---- -- --- -- -- - - -- -- ------ - - - - -- -- Improvement Project No.`: N/A Levy No.: 10255 Description: Delinquent Public Utility Charges Fund /Code No.: 72 -105 Levy Description: DELINQUENT PUB UTIL 86 Levy runs one (1) year (1987) Location: Various City Locations with interest at the rate of ten (10) percent. Improvement Hearing Date: N/A First payment, with property taxes payable in 1987 shall include fifteen (15) whole months interest. Improvement Ordered on: N/A Date of Assessment Hearing: September 8, 1986 by Resolution No.: N/A Adopted on: Assessment District: N/A by Resolution No.: Corrections, Deletions or,Defermentss Method of Apportionment: Direct costs assessed Cost Summary from Resolution No.: N/A Total Improvement Cost: $1,720.39 Less Direct City Share: $ 0.00 (Fund M.S.A.) Less Other Payments: $ 0.00 Total Assessed to Property: $1,720.39 Assessed to City Owned Property: $ 0.00 Assessed to Other Public Property: $ 0.00 Assessed to Private property: $1,720.39 CITY OF BROOKLYN CENTER DELIQUENT PUBLIC UTILITY ACCOUNTS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR ASSESSMENT PERIOD PAGE 1 OF 1 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10255 01- 118 -21 -42 -0022 89385 $84.76 5611 LYNDALE AVENUE NORTH PATRICK & CHARLENE MULVILLE 4008 - 79TH LANE BROOKLYN PARK, MN 55443 10255 02- 118 -21 -23 -0019 89760 $1,266.44 2920 COUNTY ROAD 10 EXECUTIVE HEALTH SPA, INC. HEALTH INDUSTRIES EUROPEAN HEALTH SPAS 30555 SOUTHFIELD ROAD, S 400 7301 OHMS LANE, SUITE 165 SOUTHFIELD, MI 48076 EDINA, MN 55435 10255 02- 118 -21 -41 -0076 89580 $109.68 5602 LOGAN AVENUE NORTH RICHARD J ARMSTRONG 5602 LOGAN AVENUE NORTH BROOKLYN CENTER, MN 55430 10255 02- 118 -21 -44 -0133 89961 $109.68 5419 HUMBOLDT AVENUE NORTH LAWRENCE MICKELSON 5419 HUMBOLDT AVENUE NORTH BROOKLYN CENTER, MN 55430 10255 10- 118 -21 -23 -0004 89010 $66.45 4837 FRANCE AVENUE NORTH JOSLYN MFG 6 SUPPLY CO COLE TRUCKING 2 NORTH RIVERSIDE PLAZA P.O. BOX 29067 CHICAGO, IL 60606 BROOKLYN CENTER, MN 55429 10255 34- 119 -21 -42 -0004 89370 $83.38 6325 BROOKLYN BOULEVARD MICHAEL 6 GARY WAGNER SARAH HUEBNER 6325 BROOKLYN BOULEVARD BROOKLYN CENTER, MN 55429 i i $1,720.39 i I /Dc Member introduced the following resolution and moved' its adoption: RESOLUTION N0. RESOLUTION CERTIFYING DELINQUENT WEED DESTRUCTION ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weeds to be cut down on certain properties within the City under the authority of Minnesota Statutes, Section 18.271; and WHEREAS, -the owners of record of such properties were notified in writing of the work done, and the costs and expenses involved, at least thirty days prior to September 8, 1986, in accordance with individual notice provisions of Subdivision 4 of Section 18.271; and WHEREAS, on September 8, 1986, there remained unpaid certain of these weed destruction accounts; and WHEREAS, assessment rolls for unpaid accounts from 1986, copies of which are attached hereto and made part hereof by reference, have been prepared by the City Clerk properties where a delinquent weed destruction account is to be- assessed with the amount to be assessed; and WHEREAS,- statute authorizes the certification of delinquent weed destruction accounts I to the County tax rolls` -for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to such proposed assessments._ NOW, THEREFORE,.BE IT.RESOLVED BY THE CITY of the City of Brooklyn Center, Minnesota, as follows: 1. Said assessment rolls of delinquent weed destruction accounts are hereby adopted and certified as follows: Delinquent 1986 Accounts Levy No. 10256 -2. The assessments as adopted and confirmed shall be placed upon the 1986_payable;1987 tax rolls by the Director of Finance of Hennepin County to paid in one annual installment with interest thereon at ten (10) percent per annum, for a period of fifteen months from October 1, 1986 through December 31 1987. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before . November 15, or interest will be charged through December 31 of the succeeding year. RESOLUTION N0. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: 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 PROJECT INFORMATION LEVY INFORMATION - ----------- ------- ---- -- -- - -, --- s Improvement Project No.: N/A Levy No. 10256 Description: Cost of noxious weed removal to those Fund /Code No.: 01 -106 tracts or parcels where pursuant to City Ordinance, Section 19 -1601 through 19 -1604, Levy Description: WEED'DESTRUCTION 86 noxious weeds were destroyed by order of the City Weed Inspector and the cost for Levy runs one (1) year (1987) such destruction, having been billed to with interest at the rate of ten (10) percent. the property owners, remains unpaid First payment, with property taxes payable in 1987 shall include fifteen (15) whole months interest. Location: Various City Locations Date of Assessment Hearing: September 8, 1986 Improvement Hearing Date: N/A Adopted on: Improvement Ordered on: N/A by Resolution No.: N/A by Resolution No.: Assessment District: N/A Corrections, Deletions or Deferments: Method of Apportionment: Direct costs Cost Summary from Resolution No.: $ 2,172.16 Total Improvement Cost: $ 0.00 Less Direct City Share: $ 0.00 (Fund M.S.A.) Less Other Payments: $ 0.00 Total Assessed to Property: $ 2,172.16 Assessed to City Owned Property: $ 0.00 Assessed to Other Public Property: $ 0.00` Assessed to Private Property: $ 2,172.16 CITY OF BROOKLYN CENTER DELIQUENT WEED REMOVAL ACCOUNTS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR ASSESSMENT PERIOD PAGE 1 OF 5 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name /Mailing Address (from H.C. Tax Book and NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description (per Assessing's Records) original invoice address) 10256 01- 118 -21 -12 -0033 89510 50.50 6007 Lyndale Avenue North HELEN M CARLSON 6007 LYNDALE AVENUE NORTH BROOKLYN CENTER, MN 55430 10256 01- 118 -21 -21 -0001 89001 100.00 Part of Unplatted Section 1 BILL D GRAEN PAUL 6 MAVIS DAVIS 38865 BURNS PARKWAY NW 914 SPICER ROAD ANOKA, MN 55303 ALBERT LEA, MN 56007 10256 01- 118 -21 -23 -0100 90060 49.50 5818 Emerson Avenue North CHARLES 8 ELIZABETH HODGE SEC HSNG URBAN DEVEL 5818 EMERSON AVENUE NORTH 220 SOUTH 2ND AVENUE BROOKLYN CENTER, MN 55430 MINNEAPOLIS, MN 55401 10256 01- 118 -21 -34 -0030 89225 49.50 810 — 53rd Avenue North MARK GLEASON JAMES S MATTI 7509 PLEASANT AVENUE SOUTH 810 - 53RD AVENUE NORTH MINNEAPOLIS, MN 55404 BROOKLYN CENTER, MN 55430 10256 01- 118 -21 -34 -0059 89225 50.50 5412 Colfax Avenue North JOHN TSCHOL /LARRY J CRONIN STEVE 6 COLLEEN SWANSON 4650 NINE OAKS CIRCLE 5412 COLFAX AVENUE NORTH BLOOMINGTON, MN 55437 BROOKLYN CENTER, MN 55430 10256 01- 118 -21 -34 -0100 89225 50.50 5345 Colfax Avenue North SHARON MULFORD 5345 COLFAX AVENUE NORTH BROOKLYN CENTER, MN 55430 10256 01- 118- 21 -43- 0068 89225 126.50 5315 - 4th Street North GLEN T 6 VICKY L RUPERT 5315 - 4TH STREET NORTH BROOKLYN CENTER, MN 55430 10256 02- 118 -21 -11 -0006 89791 101.50 Tract B, R.L.S. 1458 RFI, INC. RON FLETCHER, ATTORNEY 6548 HIGHLAND ROAD LARKIN, HOFFMAN ETAL PONTIAC, MI 48054 7900 XERXES AVENUE SOUTH BLOOMINGTON, MN 55431 AND TEXAS AIR CORP PROPERTY TAX SERVICE 1827 WALDEN OFFICE SQ, 475 SCHAUMBURG, IL 60195 10256 02- 118- 21 -22- 0055 89441 29.25 5936 Vincent Avenue North ATA INDUSTRIES, INC. SECURITY BANK & TRUST CO 4718 42ND AVENUE NORTH GLENCOE, MN 55336 ROBBINSDALE, MN 55422 AND DAVID FELLAND 2800 FOSHAY BUILDING MINNEAPOLIS, MN 55402 0 CITY OF BROOKLYN CENTER DELIQUENT WEED REMOVAL ACCOUNTS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR ASSESSMENT PERIOD PAGE 2 OF 5 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name /Mailing Address (from H.C. Tax Book and NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description (per Assessing's Records) original invoice address) 10256 02- 118 -21 -22 -0056 89441 29.25 5936 Vincent Avenue North ATA'-INDUSTRIES, INC. SECURITY BANK & TRUST CO 4718 -'42ND AVENUE NORTH;' GLENCOE, MN 55336 ROBBINSDALE, MN 55422 AND DAVID FELLAND 2800 FOSHAY BUILDING MINNEAPOLIS, MN 55402 10256 02- 118 -21 -22 -0057 89441 29.25 5930 Vincent Avenue North ATA TNDUSTRIES,'INC. SECURITY:BANK'& TRUST CO 4718 - 42ND AVENUE NORTH GLENCOE, MN 55336 ROBBINSDALE, MN 55422 AND " DAVID FELLAND ' 2800 FOSHAY BUILDING MINNEAPOLIS, MN 55402 10256 02- 118 -21 -22 -0058 89441 29.25 5924 Vincent Avenue North ATA'INDUSTRIES, INC:. SECURITY BANK & TRUST CO 4718 "'42ND AVENUE NORTH GLENCOE, MN 55336 ROBBINSDALE, MN 55422 AND DAVID FELLAND 2800 FOSHAY BUILDING MINNEAPOLIS, MN 55402 " 10256 02- 118 -21 -22 -0059 89441 29.25 5918 Vincent Avenue North ATA INDUSTRIES, INC. SECURITY BANK & TRUST CO 4718 - ':42ND AVENUE NORTH GLENCOE, MN 55336 ROBBINSDALE, MN 55422 AND DAVID FELLAND 2800 FOSHAY BUILDING MINNEAPOLIS, MN 55402 10256 02- 118 -21 -22 -0060 89441 29.25 5912 Vincent Avenue North ATA INDUSTRIES, INC. SECURITY BANK & TRUST CO 4718 ;42ND AVENUE NORTH GLENCOE,�MN 55336 ROBBINSDALE, MN '55422 AND DAVID FELLAND 2800 FOSHAY BUILDING MINNEAPOLIS, MN 55402 10256 02- 118 -21 -34 -0051 89435 37.75 5308 Russell Avenue North PARK METROPOLITAN INV FUND ROBERT L. HANSEN 1595 SELBY AVENUE 4951 LOGAN AVENUE NORTH ST. PAUL, MN 55104 BROOKLYN CENTER, MN 55430 10256 02- 118 -21 -34 -0052 89435 37.75 .5312 Russell Avenue North ROBERT':L HANSEN 4951 LOGAN'AVENUE NORTH! BROOKLYN CENTER, MN 55430 10256 03- 118 -21 -22 -0036 89611 50.50 Outlot D, Moorwood Townhouses WHEELOCK ENTERPRISES 6205 UNIVERSITY AVENUE NE MINNEAPOLIS, MN 55432 r CITY OF BROOKLYN CENTER DELIQUENT WEED REMOVAL ACCOUNTS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR ASSESSMENT PERIOD PAGE 3 OF 5 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name /Mailing Address (from H.C. Tax Book and NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description (per Assessing's Records) original invoice address) 10256 10- 118 -21 -13 -0001 89010 50.50 5046 Drew Avenue North LINDA 5 BETTY NORDQUIST 5046 DREW AVENUE NORTH BROOKLYN CENTER, MN 55429 10256 10- 118 -21 -23 -0002 89010 37.75 Part of Unplatted Section 10 TRI -STATE LAND COMPANY C/O SOO LINE RAILROAD SOO LINE BUILDING TAX DPT MINNEAPOLIS, MN 55440 10256 10- 118 -21 -24 -0001 89010 37.75 Part of Unplatted Section 10 TRI -STATE LAND COMPANY C/O SOO LINE RAILROAD SOO LINE BUILDING - TAX DPT MINNEAPOLIS, MN 55440 10256 28- 119 -21 -43 -0151 00432 92.38 Lot 3, Block 1 The Ponds Plat Four PONDS - MEADOW CORP THE PONDS ASSOCIATION 600 COUNTY ROAD 18 7400 CANDLEWOOD DR ST. LOUIS PARK, MN 55426 BROOKLYN PARK, MN 55445 10256 34- 119 -21 -41 -0010 89391 56.88 3206 - 63rd Avenue North LUCILLE & SUSAN JOHNSON 3206 - 63RD AVENUE NORTH BROOKLYN CENTER, MN 55429 10256 34- 119 -21 -42 -0006 89370 56.88 6315 Brooklyn Boulevard RAUL LOPEZ MICHAEL J ADKINS 3017 - 74TH AVENUE NORTH 13640 ALAMO STREET NE BROOKLYN PARK, MN 55444 HAM LAKE, MN 55304 10256 34- 119 -21 -43 -0047 90064 49.50 6100 Brooklyn Boulevard NET REALTY HOLDING TRUST A TREACHERS FISH & CHIPS 535 BOYLSTON STREET 8 PENN CENTER BOSTON, MA 02116 PHILADELPHIA, PA 19103 10256 34- 119 -21 -43 -0056 89753 50.50 Tract A, R.L.S. 1192 BOYER H PALMER 5322 MINNETONKA INDUSTRIAL RD MINNETONKA, MN 55343 10256 34- 119 -21 -43 -0061 01792 50.50 Lot 2, Block 1, PBC 2nd Addition LITTERMAN HOMES, INC. GERALD J SMITH 500 S 3RD STREET 7038 BROOKLYN BOULEVARD OSSEO, MN 55369 BROOKLYN CENTER, MN 55429 10256 35- 119 -21 -13 -0015 02256 63.25 Tract E, R.L.S. 1572 SHINGLE CREEK LAND COMPANY 625 - 4TH AVENUE SOUTH, 1550 MINNEAPOLIS, MN 55415 10256 35- 119 -21 -22 -0012 01318 101.50 Lot 1, Block 1 SHINGLE CREEK LAND COMPANY Earle Brown Farm Estates 1st 625 - 4TH AVENUE SOUTH, 1550 MINNEAPOLIS, MN 55415 CITY OF BROOKLYN CENTER DELIQUENT WEED REMOVAL ACCOUNTS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR ASSESSMENT PERIOD PAGE 4 OF 5 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY - ADDN. TOTAL Address Name /Mailing Address (from H.C. Tax Book and NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description (per Assessing's Records) original invoice address) 10256 35- 119 -21 -23 -0002 89779 114.25 Tract'B, R.L.S. 1377 SHINGLE CREEK LAND COMPANY 625 - 4TH AVENUE SOUTH, 1550 MINNEAPOLIS, MN 55415 10256 35- 119 -21 -41 -0009 02965 114.25 Lot 1, Block i Richardson Addition SHINGLE'. CREEK LAND COMPANY 525 - ^4TH'AVENUE SOUTH, 1550 MINNEAPOLIS, MN 55415 10256 35- 119 -21 -41 -0011 02965 48.37 Lot 3, Block 1 Richardson Addition SHINGLE CREEK LAND COMPANY 625 _,4TH AVENUE SOUTH, 1550 MINNEAPOLIS, MN 55415 10256 35- 119 -21 -41 -0012 02965 48.38 Lot 4, Block 1 Richardson Addition SHINGLE CREEK LAND COMPANY 625- 4TH AVENUE SOUTH, 1550 MINNEAPOLIS, MN 55415 10256 35- 119 -21 -41 -0013 02965 48.38 Lot 5, Block 1 Richardson Addition SHINGLE CREEK LAND COMPANY 625 4TH AVENUE SOUTH, 1550 MINNEAPOLIS, MN 55415 10256 36- 119 -21 -13 -0031 89720 35.62 Tract D, R.L.S. 678 MARVIN BETTY NELSON C /O, STEVE NELSON 104 DORADO COURT PLANT CITY, FL 33566 10256 36- 119 -21 -13 -0032 89720 35.63 Tract.E, R.L.S. 678 MARVIN.'•S' BETTY 'NELSON C/O STEVE NELSON 104 DORADO COURT PLANT CITY, FL 33566 10256 36- 119 -21 -13 -0033 89720 35.63 Tract F, R.L.S. 678 MARVIN.'& BETTY NELSON C/O '`STEVE 'NELSON 104 DORADO COURT PLANT CITY, FL 33566 10256 36- 119 -21 -21 -0002 87105 50.50 707 - 69th Avenue North OMAR ANAS P.O. BOX 7582 Z MINNEAPOLIS, MN', 55407 , 10256 36- 119 -21 -42 -0016 01417 56.88 6357 North Lilac Drive LYNBROOK PARTNERS 850 DECATUR AVENUE NORTH GOLDEN.VALLEY, MN 55427 CITY OF BROOKLYN CENTER DELIQUENT WEED REMOVAL ACCOUNTS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR ASSESSMENT PERIOD PAGE 5 OF 5 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name /Mailing Address (from B.C. Tax Book and NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description (per Assessing's Records) original invoice address) 10256 36- 119 -21 -42 -0017 01417 56.88 Lot 3, Block 1, Lynbrook Bowl MARVIN 6 BETTY NELSON C/O STEVE NELSON 104 DORADO COURT PLANT CITY, FL 33566 $2,172.16 M & C No. 86 -13 September 4, 1986 FROM THE OFFICE OF THE CITY MANAGER Subject: COMPREHENSIVE PLAN STATEMENT REGARDING PARK LAND ALONG THE MISSISSIPPI RIVER SOUTH OF THE I -694 BRIDGE TO: The Honorable Mayor and City Council At your meeting of June 23, 1986 the City Council voted to reject the plan for the North Mississippi Regional Park as proposed by the Hennepin County Suburban Park District. The City Council stated they would wait for the Metro Council's action regarding the Park Plan rejection. I have been in communication with Metro Council staff and representatives of the Hennepin County Park system, and they both have told me that the Regional Park is basically dead without the inclusion of Brooklyn Center's approximately 27 acres along the Mississippi River between the river, L - ndale � y and I 694 � and I -694 bridge rid a on the north and 53rd Avenue on the south. Without this acreage there is no connection g on between the portion of the proposed park and Minneapolis and the Anoka Count ark facilities Y P on the east side of the river. At least two property owners in Brooklyn Center living on the river side of Lyndale within the proposed park area have contacted my office regarding whether or not the City is interested in purchasing their property as a part of its park plan as stated in the Comprehensive Guide Plan of Brooklyn Center. Our Guide Plan basically states that the Mississippi River is an asset to the community as a whole and eventually the City should gain control of the Mississippi River bank between 53rd and the I -694 bridge. In light of the Council's objection to the inclusion of this land in a Regional Park and in view of the Guide Plan statement relating to the eventual inclusion of this same land in some kind of a local park system, I believe the Council should review their Guide Plan statement and see if they wish to amend it. Your choices are to eliminate the section in reference, to modify it, or to reaffirm it. The Park and Recreation Commission in the near future will be undertaking a review of all remaining undeveloped parcels of park land in the community and develop a plan for their development. River Ridge Park, which is part of the proposed North Mississippi Regional Park, is one of these undeveloped parcels. It would be my recommendation that the City Council appoint a special ad hoc committee composed of members of the Park and Recreation Commission and the Planning Commission to review this section of our Guide Plan and make specific recommendations back to the City Council. I believe the charge of this ad hoc committee should include the followings M & C No. 86 -13 -2- September- 4, 1986 1. Review the Comprehensive Guide Plan statement relating to River Ridge Park and the Mississippi River bank east of Lyndale and recommend any changes in that language to the City Council. 2. Examine whether the establishment of a park in this area will be of benefit to the Brooklyn Center community. 3. Examine the type of uses and the development costs of such a park. 4 Examine whether or not this park facility will have a significant regional use or would be more of a local park. Because there are property owners who are still "up in the air" regarding whether or not their land is included in a park which has a real possibility of being developed, I believe this review should be done in a very timely fashion and completed no later than the first of December, 1986. Respectfully submitted, Gera G. Splinter City anager lob Y, CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 E C ENTE EMERGENCY - POLICE - FIRE 911 T0: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: September 4, 1986 RE:. _Procedures for Declaring a Public Nuisance and Ordering Removal of Diseased Shade Trees The 1986 program for removal of diseased shade trees is proceeding on schedule with few problems.` Through August 31st, 355 diseased trees have bene identified and marked for removal (compared to 520 on that date last year). The City's tree removal contractor, Arps Tree Service, is doing a good job, on -time, with few complaints from property owners. As usual,_, we, have a few property owners who have not responded to our notices. In previous .years we have simply continued to contact them repeatedly until we received`a response before proceeding with removal from private property. While we have-,always been finally able to get the trees removed, this has sometimes taken , 6. to 12 months. Accordingly,, we have requested the City Attorney to recommend a procedure which will facilitate this process. His memo to Bo Spurrier dated August 12, 1986 is attached. We concur with his recommendation to use the 2nd procedure which he outlines in memo; i.e. City Council adoption of a resolution declaring the diseased trees) to be a public nuisance, providing a 5 day appeal period during which the owner(s) can contest the determination and request a hearing, followed by removal of the tree. If this procedure is approved (a sample resolution is attached) our office will then advise the Council whenever a property owner has failed to respond to the following two notices: Step 1 Notice to Abate Nuisance (This notice allows 20 days for compliance.) and Step 2 Notice of Noncompliance with Order to Abate Nuisance (This notice allows an additional 10 days for compliance.) Upon adoption of the resolution by the City Council, the City Clerk will send an official notice to the property owner (see copy of sample letter attached). Then, if the property owner does not contest that determination within 5 business days after receipt of notice (via certified mail), the City will proceed to remove the tree and specially assess the costs to the property. �� .�ONrCtltuc9 NOW Alm, ,. September 4, 1986 Page 2 If this procedure is approved by the City Council, we recommend that the Council, adopt the first such resolution (copy attached) which includes the 6 property owners who have failed to comply after receiving Step 1 and Step 2 notices Respe tful y submitted, Sy aPP Director of Public Works SK: jn i d . LeFevere Lefler Kenned O'Brien Sc Drawz A Professional ,lss�xiation . 2000 First Bank Place West August 12, 19 86 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Mr. H. R. Spurrier Telecopier (612) 333 -0540 City Engineer Clayton L. LeFevere . City o Brooklyn Center Herbert P. Lefler 6301 Shingle Creek Parkway J. Dennis O'Brien Brooklyn Center MN 55430 John E. Drawz y i David J. Kennedy John B. Dean Re: Diseased Shade Tree Removal Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere Dear Bo: Herbert P. Lefler III James J. Thomson, Jr. you have asked for an opinion regarding p roper Thomas R. Galt P g g procedure P P P Dayle Nolan for the City to follow when a property owner has failed Brian F. Rice to respond to any of the notices sent to him regarding John G. Kressel the Diseased Shade Tree Removal Program and the tree must Lorraine S. Clugg g ousa J es L M. Strommen be removed. It is my understanding that the City's first d H. Batty notice allowed twenty (20) days from the date of 'mailing P. Jordan for a property owner to choose a method of removal of his n Dickel Minsberg Kurt J. Erickson diseased tree (s) . The second notice informed the owner William R. Skallerud that the tree was to be removed within ten days of the Rodney D. Anderson date of that notice. If not removed the Ci would Corrine A. Heine i y John R. McDonald Jr. authorize its contractor to enter upon the property and David D. Beaudoin take the tree at\ any time thereafter. Roughly fifty percent of the cost of removal would be assessed against the property pursuant to Chapters 18 and 429, Minnesota Statutes. It is my further understanding that except as a result of four noncomplying property owners, the City has removed all the targeted trees through mutually acceptable arrangements with the owner. The City's concern in removing trees from private prop- erty absent an agreement with the owner is one of due process. After reviewing the law regarding due process in this area, I have concluded that three supportable procedures could be followed. The first is the most aggressive and should be used only with the knowledge that it is subject to challenge. The second is somewhat less expeditious, but is less subject to legal attack. I recommend its use. The third is the most cumbersome, but would virtually eliminate any reasonable due process issue. 1. Immediate removal The most aggressive position would be for the City to authorize immediate Mr. H. R. Spurrier August 12, 1986 Page 2 entrance on to the property and removal of the trees without further notice. This action would be supportable on two grounds: first, the owner has been sent two notices by mail and has not responded; and second, the Minnesota. .legislature has already declared that diseased shade trees constitute a nuisance requiring removal. Minn Stat S 18.023 Subd. la. (1986). Such notice and declaration by a legislative body is necessary. it is my understanding that the city council has not, as yet declared the trees to be a public nuisance. The state legislature's declaration through the statute may e sufficient. Thus if Y the city council had previously declared these trees to be nuisances, the immediate removal of the trees would be even more supportable. To take this aggressive position, however, may create the kind of acrimony that would result in litigation. Then the City's major problem would be showing that it was not necessary for the City council to formally declare the trees to be a nuisance, thus giving the property - 9 g P P Y owner an opportunity to contest that determination. An alternative argument would be that these diseased trees posed such an imminent threat that it was an emergency. In emergency situations a governmental body may take property without a hearing. 2. City Council Resolution Second and most prudent procedure involves a city council resolution declar- ing the remainin g trees to be a nuisance followed by -a short, e.g, five day period during which the property owner can contest that determination through a hearing. If the City receives no res- ponse, it may remove the trees and assess the property. This method satisfies the principle that ultimately the City's legislative body, not the tree inspector, must declare the nuisance. Minnesota Statutes Section 18.023 Subd. 2 provides in part that Diseased shade trees which are not re- moved ... shall be declared a public nuisance and removed...by the municipality ". 3. City Council Resolution and Court Order The most cautious method is identical to number 2 above and r .includes :-_obtaining . °: a :court .order ---from.?. Hennepin :County District Court. The court order would also declare h t at the trees are a nuisance and are to be removed by the municipality. This procedure would eliminate any reasonable challenge by the property . tis Mr. H. R. Spurrier August 12, 1986 Page 3 owner. I 'don't believe, however, this additional step is necessary in light of existing statutory authority for the removal of diseased shade- trees. Should` you have any questions regarding this matter, please- don't hesitate - - -to contact me. I commend your prudently cautious approach to this issue, More often than not, such an approach is -less costly 'in the long run. Very truly yours LeFEVERE, LEFLER, KENNEDY, O'BRIE DRAWZ -: James'-` M. Strommen 3 /OOO7itO2 h37; .� 15 _... ��. �J _♦„r ..._ _ �aT Tt^: to C. U a.125.a. Member introduced the following resolution and moved its adoption: SATAPLE RESOLUTION NO. RESOLUTION RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO DST86- ) WHEREAS, a Notice to Abate Nuisance and a Notice of Non- Compliance with the Order to Abate the Nuisance have been issued to the owners of certain properties in the City of Brooklyn Center; and WHEREAS the owners of said properties have failed to abate the nuisance as ordered: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased shade trees at the following addresses are hereby declared to be a public nuisance. 2. The property owners are hereby given five (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 trees 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 6301 SHINGLE CREEK PARKWAY OF_. B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 CENTER - - EMERGENCY - POLICE -FIRE 911 date S.QPTLE owner (TO BE SENT CERTIFIED HAIL) street (RETURN RECEIPT REQUESTED) city - } RE: Declaration of a Public Nuisance Diseased.Shade Tree(s) You are hereb y notified that Brooklyn y the Brookl Center City Council, o it on adopted the enclosed resolution on in which the Council declared the diseased shade tree(s) located on your property to be a public nuisance. If you wish to:_contest - that by` -the City -you must submit a written request to_me.within five (5) business days following receipt; of this certified letter. If no such.request is.received within.five (5):- business days: - following. -.your receipt of this letter (or within five (5) business days.following the return of the letter as undeliverable by the U.S. Postal Service) the City will proceed to remove the diseased property,.and all;uosts.associated..with said removal will be specially assessed against the property. Should you have any questions regarding the City's proposed action, please contact Bo Spurrier, City Engineer, at (612)561 -5440, extension 113. Sincerely, D.K. Weeks City Clerk DKW: jn NUISLTR 11 74 .So xttici cg Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO DST86 -1) WHEREAS, a Notice to Abate Nuisance and a Notice of Non- Compliance with the Order to Abate the Nuisance have been issued to the owners of certain properties in the City of Brooklyn Center; and WHEREAS, the owners of said properties have failed to abate the nuisance as ordered: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased shade trees at the following addresses are hereby declared to be a public nuisance. OWNER PROPERTY ADDRESS TREE NUMBER(S) Myra Super 5445 Lyndale Avenue North 205, 206, 207, 208 Richard J Armstrong 5602 Logan Avenue North 139 Steven Homan 6100 Colfax Avenue North 177, 178 Dorothy Batta 5655 Brooklyn Boulevard 209 Mound Cemetery 3515 - 69th Avenue North 163, 275, 285 Welcome Home 6451 Brooklyn Boulevard 211 2. The property owners are hereby given five (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 trees 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. Licensee to be appLmyed by the City C=idl m Sepbomber 8, 1986; 4 s J ` U.A. Mr�v3es at B erle 3810 Shingle C2•. Pkwy. P. C4*f of Police Pamada Hotel 2200 neeway Blvd. Sar�taz'iati � � Tv Ruda 2200 Pbmwa Blvd. pl Mm W 2200 Freafty Blvd. T.G.S. Mechanical Inc. 30 C�octaat C:ixrla Q (a, Official Ramwa 2200 Fly Blvd. Ci Clerk ff-gu2= POOL ReVada Hotel 2200 Ptewway Blvd. r D. - K. Weeks, di Cl ark /3 * Licenses to be approved by the City Council on September 8, 1986: AMUSEMENT DEVICE LICENSE OPERATOR Plaza Investments Int. Partnership 2200 Freeway Blvd. U.A. Movies at Brookdale 5810 Shingle Cr. Pkwy. ' of of P &jVk_&&8_L' Police FOOD ESTABLISHMENT LICENSE Ramada Hotel 2200 Freeway Blvd. Sanitarian LODGING ESTABLISHMENT LICENSE Ramada Hotel_ 2200 Freeway Blvd. _ Sanitarian MECHANICAL SYSTEMS LICENSE Ramada Hotel 2200 Freeway Blvd, _ T.G.S. Mechanical Inc. 50 Choctaw Circle Boil Official PUBLIC DANCE LICENSE '. Ramada Hotel v 2200 Freeway Blvd. City Clerk '- SWIMMING POOL LICENSE Ramada Hotel 2200 Freeway Blvd. • c �-Q Q_� -�_w� Sanitarian G RAh APPROVAL: D. . - R . Weeks, City Clerk PROCLAMATION SUPPORTING UNITED WAY'S SALUTE TO SMALL BUSINESS WHEREAS, the United Way of Minneapolis area currently provides funding to nearly 390 programs in 107 agencies, many located in and serving suburban communities. For example, in the Brooklyn Center area agencies that service the community include the Girl Scout Council and the Community Emergency Assistance Program which provide programs ranging from emergency assistance, counseling, information and referrals to people in short term crisis situations and provide experiences for girls ages 5 to 18 to help them deepen self awareness and relate to others; and WHEREAS, the efforts of thousands of community volunteers enable the United Way to maintain fund raising and administrative costs under nine cents to a dollar; and WHEREAS, in 1986 funds are being distributed to quality programs that reach more people in suburban communities. The United Way works with county planning boards and private planning groups to identify gaps in services in a continuing effort to meet the comprehensive needs of people in the six county service area. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota do hereby call upon all of the citizens of Brooklyn Center to support United Way's Salute to Small Business Wednesday, September 17, 1986 in the Brooklyn Center community and encourage local businesses and their employees to participate in this event. Date Mayor Seal Attest. Clerk Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION AMENDING CONDITIONS OF APPROVAL FOR PLANNING COMMISSION APPLICATION NO. 86027 SUBMITTED BY EARLE BROWN COMMONS WHEREAS, Planning Commission Application No. 86027 submitted by Earle Brown Commons for site and building plan approval to construct an ll storey, 140 unit apartment building was approved by the City Council on July 28, 1986; and WHEREAS, Condition No. 10 of said approval required the replat of the subject property to receive final approval by the City Council and be filed at the County prior to the issuance of building permits; and WHEREAS, various complications have arisen that make it impossible for this condition to be accomplished prior to September 30, 1986;, and WHEREAS, it is determined by the City Council that it is in the best interest of both the Developer of the project and the City that the project be under construction prior to September 30, 1986. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to waive Condition No. 10 of Planning Commission Application No. 56027 and authorize the issuance of building permits for the project provided all other conditions, specifically Condition Nos. 1, 2, 3, 9, 11, 13, 16, 17 and 19, are met prior to the issuance of building permits. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to authorize the division of said property by "metes and bounds" on an interim basis until the proper replatting of the property can be accomplished. Date Mayor Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon the foll owing v P � voted in favor thereof: and the following voted against the same: whereupon said resoltuion was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspectio�� DATE: September 5, 1986 SUBJECT: Amending Condition of Approval for Planning Commission Application No. 86027 submitted by Earle Brown Commons A discussion item on the September 8, 1986 agenda involves the Earle Brown Commons Development. It is my understanding that certain complications have arisen relating to the transfer of land between the City and Earle Brown Commons and the necessity for the developer, Mr. Al Beisner, to obtain a building permit prior to the end of September due to bonding and financing requirements for the project. On July 28, 1986 the City Council approved Planning Commission Application No. 86027 submitted by Earle Brown Commons for site and building plan approval to construct an 11 storey, 1 40 unit apartment building, as the first phase of a two phase residential development on the land immediately south of the Earle Brown Farm. That approval was subject to 21 conditions (see copy of City Council minutes attached). Condition No. 10 of that approval required that the replatting of the property receive final approval and be filed at the County prior to the issuance of any building permits for the project. Based on agreements between the City and the developer, it was the City's responsibility to accomplish the rep.latting and establish two lots for the two phases of development. The City retained an engineering firm to prepare the necessary preliminary and final plat. The platting process requires preliminary plat review, public hearing and approval by the Planning Commission and City Council and final plat approval by the City Council. It is further my understanding that various complications arose relating to providing topographical data. The preliminary plat application, therefore, was not able to be filed in time to meet the publication requirements of the subdivision ordinance in order to be on the Planning Commission's agenda for September 11, 1986. The public hearing by the Planning Commission cannot be held until September 25 and it appears that it will be impossible for the replatting to be completed and filed prior to September 30. In order to move this matter along in an expeditious manner to the benefit of both the developer and the City, it is recommended that the City Council waive Condition No. 10 of Planning Commission Application No. 86027 and allow a building permit to be issued prior to final approval and filing of a plat provided all other conditions of that approval are met. It should be clear that all other conditions, specifically Condition Nos. 1, 2, 3, 9, 11, 13, 16, 17, and 19 must still be met in order for the building permit to be issued. The preliminary plat for the property will be on the Planning Commission's September 25 agenda and it is expected that both preliminary and final plat approval will be on the October 13, 1986 City Council agenda. It will also be necessary to divide this property by "metes and bounds division" for purposes of transferring title to a portion of the property before the plat can be filed. It is recommended that the City Council also acknowledge their approval of this as an interim measure. RAW:mlg �1:.J 111Vb nr:GUN 1NU EAR FROM I -1 TO R7 THE LAND IMMEDIATELY SOUTH - OF y\ THE LE BROWN FARM AND EAST OF THE BROOKDALE CORPORATE CENTER III SITE PLANNING COMMISSION APPLICATION NO. 86027 SUBMITTED BY EAR LE BROWN COMMONS PARTNERSHIP RE UESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT AN 11 STORY 140 UNIT APARTMENT BUI LDING AS THE FIRST PHASE OF A TWO -PHASE RESIDENTIAL DEVELOPMENT ON THE VACANT LAND SOUTH OF THE EARLE BROWN FARM AND EAST OF THE BROOKDALE CORPORATE CENTER III SITE PLANNING COMMISSION PARTNERSHIP RE UESTING APPLICATION NO 86028 SUBMITTED BY EAR LE BROWN COMMONS A VARIANCE FROM SECTION 35 -700 OF THE ZONING ORDINANCE TO 7 -28 -86 -9- e r_ , ALLOW A GREENSTRIP OR PARKING SETBACK OF LESS THAN 15' ADJACENT TO THE EARLE BROWN DRIVE WESTERLY RIGHT -OF -WAY ON A TEMPORARY BASIS The Director of Planning & Inspection noted that these three applications are related and will be discussed at this time. He turned first ve o Application No. 86010 and referred the Council to the Planning Cm ssion minutes of July 17, 1986, particularly pages four through eight of these minutes. He also reviewed the informational sheet attached to Application No. - 86010. With regard to this application, the Planning Commission approved two resolutions for amendments to the Comprehensive Plan. The Director of Planning & Inspection reviewed the resolutions passed by the Planning Commission on July 17, 1986, in particular Planning Commission Resolution No. 86 -02 and Planning Commission Resolution No. 86 -03. The Director of Planning & Inspection noted that there will also have to be an ordinance amendment when the new plat is brought before the City Council at a future date. The Director of Planning & Inspection proceeded to review Application No. 86027, referring the City Council to the July 17, 1986 Planning Commission minutes, in particular pages .six and seven. He reviewed the informational sheet and site plan for Application No. 86027, and reviewed the 21 conditions approved by the Planning Commission. The Director of Planning & Inspection then reviewed Application No. 86028, reviewing the one condition approved by the Planning Commission at its July 17, 1986 meeting. Councilmember Hawes asked if the walkway between the apartment building and the office building is enclosed, and the Director of Planning & Inspection said it would be totally enclosed and heated. He added that a similar structure would be connecting the apartments to the hippodrome if deemed necessary at a future date. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86010 submitted by the City of Brooklyn Center requesting rezoning. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 86010 submitted by the City of Brooklyn Center requesting rezoning. The motion passed. RESOLUTION NO. 86 -120 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOMMENDING AMENDMENT OF CITY - COUNCIL RESOLUTION N0. 82 -255 (COMPREHENSIVE PLAN) RELATIVE TO LAND LOCATED IN AND AROUND THE EARLE BROWN FARM The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION N0. 86 -121 Member Rich Theis introduced the following resolution and moved its adoption: C 7 -28 -86 -10- RESOLUTION REGARDING DISPOSITION OF APPLICATION N0. 86010 SUBMITTED BY THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY (HRA) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 86027 submitted by Earle Brown Commons Partnership requesting site and building plan approval to construct an 11 story, 140 unit apartment building as the first phase of a two -phase residential development on the vacant land south of Earle Brown Farm and east of the Brookdale Corporate Center III site, 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 P ermits 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 s 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 utility survey of the property prior to release of the performance guarantee. 10. The replat of the property shall receive final approval by the City Council and be filed at the County prior to the issuance of permits. 7 -28 -86 -11- 11. Plan approval is contingent upon a rezoning of the land south of the Earle Brown Farm site and east of the Brookdale Corporate Center III site to R7. ` 12. Plan approval acknowledges a density credit of 67,324 sq. ft. for the entire two -phase development (each phase to be accorded a separate density credit based on land area and covered parking) based upon a minimum of 135 covered parking stalls on the site. 13. Plan approval is contingent upon the applicant entering into an agreement with the City to ,provide additional parking based on the proof -of- parking plan upon a determination by the City that such additional spaces are required for the public welfare. Said agreement to be filed with the title to the property at the County as a deed restriction prior to the issuance of permits. 14. Plan approval is contingent upon the granting of a temporary greenstrip variance under Application No. 86028. 15. Necessary documents to relocate utility easements for City water main and storm sewer shall be executed and filed with the title to the property at the County prior to the issuance of building permits for Building B. 16. The applicant shall enter into standard utility maintenance agreement with the City prior to the issuance of permits. 17. A cross access agreement between the residential site and the office site to the west shall be executed and filed with the title to the property prior to the issuance of permits. 18. Planting of four 6" diameter trees on the Phase I site in accordance with Section 35 -410 shall be deferred for up to five years to allow for completion of the second phase. 19. Plan approval is subject to review and approval of the Shingle Creek Watershed Management Commission with respect to ondi p ng and water purification requirements prior to the issuance of permits. Ponding areas shall be protected by easements to be filed with the .title to the property prior to the issuance of permits. 20. Plan approval specifically excludes the connecting link between the existing office building at 6100 Summit Drive and the hippodrome on the Earle Brown Farm. 21. Plan approval applies to development of Building A, the existing office and the common area. Site and building plan approval of the second phase, Building B, is subject to further review and approval when proposed for construction. 7 -28 -86 -12- / Councilmember Theis asked if the walkway is excluded from this application, and the Director of. Planning & Inspection noted that the walkway between the hippodrome and the apartments is excluded, but there will be a'walkway between the office building and the apartment building. Upon vote being taken on the foregoing motion, the motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve Planning Commission Application No. 86028 submitted by Earle Brown Commons Partnership requesting a variance from Section 35 -700 of the zoning ordinance to allow a greenstrip or parking setback of less than 15' adjacent to the Earle Brown Drive westerly right -of -way on a temporary basis, subject to the following condition: 1. The City Attorney shall comment to the City Council on the progress of acquiring the underlying land in the right -of- way to be vacated prior to Council action on Application No. 86027. The motion passed. OTHER DISCUSSION The City Manager noted that the Thrifty Scot Motel has changed ownership but not management, and a request has been made to continue the special use permit to allow commercial development in an I -1 zone. There was a motion by Councilmember Theis and seconded by Councilmember Scott acknowledging the transfer of ownership and continuance of the special use permit for the Thrifty Scot Motel. The motion passed. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. The motion passed. The Brooklyn Center City Council adjourned at 9 :05 p.m. City Clerk Mayor 7 -28 -86 -13-