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HomeMy WebLinkAbout2011 05-23 CCP Regular Session 0 AGENDA CITY COUNCIL STUDY SESSION May 23, 2011 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center AGENDA Revised 05/23/11 May 23, 2011 1. Informal Open Forum with City Council – 6:45 p.m. –provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. –Lona Schreiber, Metropolitan Council Member, District 2 2. Invocation – 7 p.m. 3. Call to Order Regular Business Meeting –The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda –The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. May 9, 2011 – Study Session 2. May 9, 2011 – Regular Session 3. May 9, 2011 – Work Session b. Licenses c. Application and Permit for Temporary On-Sale Liquor License Submitted by City of Lakes Nordic Ski Foundation, for an Event to be Held at Surly Brewing Company, 4811 Dusharme Drive, on June 18, 2011 d. Resolution Approving State of Minnesota Joint Powers Agreements with the City of Brooklyn Center on Behalf of its Prosecuting Attorney and Police Department 7. Presentations/Proclamations/Recognitions/Donations –None. CITY COUNCIL AGENDA -2- May 23, 2011 8. Public Hearings a. Resolution Partially Releasing Highway Easement Document No. 720378, Releasing and Terminating Sanitary Sewer Easement Grant Document No. 802984, Releasing and Terminating Easement Grant Document No. 964588, Releasing and Terminating Easement Grant Document No. 1032878, Releasing and Terminating Easement Grant Document No. 1504596, Partially Releasing and Terminating Easements Document No. 4499430, Releasing and Terminating Easement Grant and Maintenance Agreement Document No. 1838664, and Releasing and Terminating Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems Document No. 1876647, Contained on the Parcels Which Lie Within the Area Bounded by Highway 100, Bass Lake Road (County Road 10) and Xerxes Avenue North, Hennepin County, Minnesota –This item was published in the official newspaper on May 5, 2011; and is offered this evening for Public Hearing. Requested Council Action: –Motion to open Public Hearing. –Motion to take public input. –Motion to close Public Hearing. –Motion to adopt resolution. b. A Transitory Ordinance Relating to the Regulation of Signs; Adding New Brooklyn Center City Code, Section 34-140.2.p –This item was first read on April 25, 2011; published in the official newspaper on May 5, 2011; and is offered this evening for second reading and Public Hearing. Requested Council Action: –Motion to open Public Hearing. –Motion to take public input. –Motion to close Public Hearing. –Motion to adopt ordinance. 9. Planning Commission Items a. Planning Commission Application No. 2011-009 Submitted by Loren Van Der Slik for Gatlin Development Co. Request for Planned Unit Development, Unit Development/Site, and Building Plan Approval for Redevelopment of Brookdale Center to be Known as Shingle Creek Crossing. The Planning Commission recommended approval of this application at its April 28, 2011, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2011-009 Submitted by Loren Van Der Slik for Gatlin Development Co. Requested Council Action: –Motion to adopt resolution. CITY COUNCIL AGENDA -3- May 23, 2011 b. Planning Commission Application No. 2011-008 Submitted by Loren Van Der Slik for Gatlin Development Co. Request for Preliminary Plat/Subdivision Approval of the Brookdale Mall Properties to be Known as Shingle Creek Crossing. The Planning Commission recommended approval of this application at its April 28, 2011, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2011-008 Submitted by Loren Van Der Slik for Gatlin Development Co. Requested Council Action: –Motion to adopt resolution. c. Planning Commission Application No. 2011-011 Submitted by Jeff Kauerz for AutoZone. Request for Rezoning from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) for the Property Located at 6300 Brooklyn Boulevard. The Planning Commission recommended approval of this application at its May 12, 2011, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2011-011 Submitted by Jeff Kauerz for AutoZone Requested Council Action: –Motion to adopt resolution. d. Planning Commission Application No. 2011-010 Submitted by Jeff Kauerz for AutoZone. Request for Preliminary Plat Approval for the Property Located at 6300 Brooklyn Boulevard. The Planning Commission recommended approval of this application at its May 12, 2011, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2011-010 Submitted by Jeff Kauerz for AutoZone Requested Council Action: –Motion to adopt resolution. e. Planning Commission Application 2011-012 Submitted by Mike Lambert for Allied Building. Request for Site and Building Plan Approval of a New 13,300 sq. ft. Cold Storage Building in the I-2 (General Industry) Zoning District Located at 4810 Lilac Drive. The Planning Commission recommended approval of this application at its May 12, 2011, meeting. Requested Council Action: –Motion to approve Planning Commission Application No. 2011-012 subject to the conditions recommended by the Planning Commission. CITY COUNCIL AGENDA -4- May 23, 2011 10. Council Consideration Items a. Resolution Authorizing Release and Termination of Water Main, Sanitary Sewer and Fire Hydrant Inspection and Maintenance Agreement Document No. 962975; Release and Termination of Water Main, Sanitary Sewer and Fire Hydrant Inspection and Maintenance Agreement Document No. 1256759; Release and Termination of Water Main, Sanitary Sewer and Fire Hydrant Inspection and Maintenance Agreement Document No. 1260654; Release and Termination of Declaration of Covenants Document No. 1876646; and Release and Termination of Findings of Fact Document No. 4702186, and Release of Receipt of Deposit Document No. 4702185 Contained on the Parcels Which Lie Within the Area Bounded by Highway 100, Bass Lake Road (County Road 10), and Xerxes Avenue North, Hennepin County, Minnesota Requested Council Action: –Motion to adopt resolution. b. Resolution Approving Final Plat for SHINGLE CREEK CROSSING Requested Council Action: –Motion to adopt resolution. c. Resolution Authorizing Acquisition of Easements for SHINGLE CREEK CROSSING Requested Council Action: –Motion to adopt resolution. d. Resolution Approving Development Agreement (Shingle Creek Crossing) Requested Council Action: –Motion to adopt resolution. e. Sears Tolling Agreement Requested Council Action: –Motion to accept agreement. f. Application and Permit for Temporary On-Sale Liquor License Submitted by AFOAKOM USA, Inc., for an Event to be Held at Miracle Empowerment Center, 5801 John Martin Drive, on June 24 and June 25, 2011 Requested Council Action: –Motion to approve application and permit contingent upon resolution of parking, safety, and security issues to satisfy the requirements of the Police Department. CITY COUNCIL AGENDA -5- May 23, 2011 11. Council Report 12. Adjournment Agenda Items Tabled or Continued An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 –This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and the Public Hearing was continued at the May 10, 2010, meeting until such time as the Charter Commission makes its recommendation to the City Council. Resolution Establishing Fees for Community Garden Plots Regulated by the City of Brooklyn Center –This item was tabled at the May 10, 2010, meeting. EDA MEETING City of Brooklyn Center May 23, 2011 AGENDA 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. May 9, 2011 — Regular Session 4. Commission Consideration Items a. Resolution Confirming the Acquisition of Property in Connection with the Remove and Rebuild Program (5649 Brooklyn Boulevard) Requested Council Action: — Motion to approve resolution. b. Resolution Approving Development Agreement (Shingle Creek Crossing) Requested Council Action: — Motion to approve resolution. 5. Adjournment AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 23, 2011 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Review of Community Gardens Program PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Progress Reports on Achievement of Strategic Goals 2. School District Discussions /BC Strategic Plan Report 3. All City Open House 4. Sister City Update 5. Neighborhood Designations 6. Active Living Program 7. Graduated Sanitary Utility Rate Study 8. Garbage Hauler Organized Collection Update g g P 9. Financial Commission Report — Utility Collection 10. Youth Participation Request 11. Highway 252 Update — June 2011 12. Annual Department Year End Reports 13. Park and Recreation Commission Recommendation on "No Smoking in the Parks" • City Council Agenda Item No. 6a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 9, 2011 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:03 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Item 6d, Resolution Approving Contract for Law Enforcement Labor Services Local 82 and the City of Brooklyn Center for the Calendar Year 2011, in particular the source of the $20,000 grant. City Manager Curt Boganey stated he would verify with Human Resources, but it may be a grant made available through the recently approved Health Care Program or a federal grant that funded some positions. Mayor Willson asked Mr. Boganey to include that information in the next Council update. Councilmember Lasman noted the addition of Item 7b., Mayor's Proclamation Designating May 7, 2011, as a Day of Spiritual Rededication in Brooklyn Center. The Council discussed its desire to be all inclusive, noting the proclamation is nation -wide, and indicated no objection to this agenda amendment. MISCELLANEOUS PROPOSED CITY CHARTER AMENDMENTS Councilmember Lasman referenced the proposed Charter amendments relating to membership, Rules and Procedures, indicating a change in membership to not exceed 15 members, or less than 7 members, and that the rules may be waived by two - thirds of the membership with no less than eight members being present. She asked if that language resulted in a discrepancy since it would paralyze the Commission's ability to take action unless 8 members were in attendance. City Attorney Charlie LeFevere agreed it is unusual to require a super majority and most often the number required to hold a meeting is a simple majority. It was noted this language only relates to a change in the rules. 05/09/11 -1- DRAFT I The Council addressed the Commission's secretarial duties. Mr. Boganey advised that the City does not staff Charter Commission meetings but does maintain the Commission's permanent • record, updates to the City Charter, membership roster, and posts vacancies. The Charter Commission uses an elected secretary and the Charter language is being refined because there is no "administrative assistant." Councilmember Lasman suggested the Charter Commission be asked to clarify its reasoning for determining eight members. Mayor Willson stated he will raise the question before the Charter Commission at its next meeting. BICYCLE RACK PLACEMENT Councilmember Kleven suggested the City place an article in the Sun Post to solicit residents' input regarding the placement of bicycle racks. Public Works Director /City Engineer Steve Lillehaug stated it is staff's recommendation to place bicycle racks in locations by parks and bus stops. He noted there is a "short window" to install and implement bicycle racks, about 30 days, but staff will do what it can to solicit public input. It was the majority consensus of the City Council to direct staff to place a notice in the Sun Post soliciting public input on the location of bicycle racks. PROPOSED CITY CHARTER AMENDMENTS — CONTINUED Mayor Willson asked whether the Charter Commission abides by the same Open Meeting Law as the City Council. He also asked about the Charter's ability to regulate eminent domain. Mr. LeFevere advised that the Charter Commission does abide by the same Open Meeting law. He indicated the Charter cannot make it easier for the City to condemn property than provided by State Statute; however, the Charter Commission can establish different procedures to limit circumstances. Mayor Willson stated concern if the Charter Commission becomes involved in regulating the Council's ability to take certain actions. Mr. LeFevere explained that the provisions of the Charter have the same dignity as the State Laws and the provisions can interfere with the City's ability to govern and complete actions and /or developments. VOLUNTEER OPPORTUNITIES / MTC BUS SHELTERS Councilmember Kleven referenced a recent ublication describing Robbinsdale's use of p g volunteers to type reports and suggested this option be considered by Brooklyn Center. Mr. Boganey described the City volunteer program and indicated he will provide that information. Councilmember Roche thanked the MTC for bus shelters being erected and its responsiveness. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:43 p.m. 05/09/11 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 9, 2011 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Gary Piekarczyk, 5842 Upton Avenue N., advised of the number of trees taken down for the Shingle Creek Restoration Project and frustration that it has destroyed his view because he can now see Shingle Creek Parkway, Pep Boys, and large neon signs late into the night. He asked the Council to consider a 10 -foot buffer, similar to the restoration project at Tessman Park in Brooklyn Park. Mary Saugestad, 5912 Upton Avenue N., stated residents and staff came to a reasonable agreement for a buffer, but she remained concerned with the high number of trees removed. She urged more focus on the tree buffer, noting they can now see equipment cleaning the parking lot and emptying dumpsters in the middle of the night and trail pedestrians can clearly see into their windows. Ms. Saugestad expressed her appreciation to the City for working with residents to address their concerns. Roger Kloster, 7223 Lee Avenue N., commented on Brooklyn Center Birthday Party events he had attended and the foresight years ago to preserve the Earle Brown Farm buildings. He stated the Council is now considering whether to bulldoze Brookdale Mall and asked if the conditions that resulted in the Mall's failure have been adequately addressed to assure the success of Shingle Creek Crossing. 05/09/11 -1- DRAFT Stephen Tekautz, 6030 Vincent Avenue N, representing Brooklyn Center American Little League, reported on their programming and expressed interest in merging their programs with the City's recreational program. Mayor Willson asked whether the Little League still benefitted from parent coaching and volunteer involvement. Mr. Tekautz answered in the affirmative and explained he would like to expand programming to include baseball, girls softball, and maybe a fall league. Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 7:01 p.m. Motion passed unanimously. 2. INVOCATION As an Invocation, Mayor Willson requested a moment of silence and personal reflection of those who lost their lives on 9/11/01 and the ultimate justice served this past week. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda, as amended to add item 7b, Mayor's Proclamation, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. April 25, 2011— Study Session 2. April 25, 2011 — Regular Session 3. April 25, 2011 — Work Session . 05/09/11 -2- DRAFT ® 6b. LICENSES TEMPORARY FIREWORKS TNT Fireworks (Cub Location) 3245 County Road 10 MECHANICAL Associated Mechanical 1257 Marschall Road, Shakopee Bonfe's Plumbing & Heating Service 505 Randolph Avenue, St. Paul Home Comfort Cooling & Heating 8111 151 Lane NW, Ramsey Louis Degidio, Inc. 21033 Heron Way, Lakeville MOTOR VEHICLE DEALERSHIP Brookdale Honda 6801 Brooklyn Boulevard Brookdale Metro Mitsubishi 7231 Brooklyn Boulevard Cars with Heart 6121 Brooklyn Boulevard Luther Brookdale Buick GMC 4301 68 Avenue N. Luther Brookdale Chevrolet 6701 Brooklyn Boulevard RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II — two-year license) 5930 Aldrich Avenue N. Lori Stevenson 5420 Emerson Avenue N. Christopher Raisch RENEWAL (TYPE III — one year license) Sterling Square Apartments 6700 Humboldt Avenue N. John Roder RENEWAL (TYPE II —two-year license) 6819 Humboldt Avenue N. — A302 Raymond Charest 5924 June Avenue N. Tou Vue RENEWAL (TYPE I — three-year license) 120765 1h Avenue N. Tech Ung 5707 Emerson Avenue N. Lois Frost 6819 Humboldt Avenue N. — A303 Raymond Charest 6324 Indiana Avenue N. Househelpers, Inc. SIGNHANGER Sign Source 7660 Quattro Drive, Chanhassen 6c. RESOLUTION NO. 2011 -72 AMENDING THE CITY COUNCIL CODE OF POLICIES; ADDING POLICY FOR IN- STREET PEDESTRIAN CROSSING SIGN 05/09/11 -3- DRAFT 6d. RESOLUTION NO. 2011 -73 APPROVING CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE r CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2011 6e. RESOLUTION NO. 2011 -74 AUTHORIZING THE EXECUTION OF A CONSTRUCTION AGREEMENT BETWEEN XCEL ENERGY AND THE CITY OF BROOKLYN CENTER FOR STREET LIGHTING FACILITIES Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ANNUAL REPORT Susan Blood, Executive Director of the Northwest Hennepin Human Services Council (NHHSC) presented its 2010 annual report. She noted that Brooklyn Center's contribution was $12,182 in 2010 and a total of $73,516 in emergency services, financial assistance, and community program materials was received by its residents. Ms. Blood thanked City Manager Curt Boganey for his service on their Board and Finance Committee and Brooklyn Center resident Barb Jensen for her service on the Senior Leadership Committee. Anita Perkins, NHHSC, reported on services provided by the CEAP Program including $17,740 in emergency money and 154 fuel cards. She advised their website is updated each week with pertinent information. Choua Yang, NHHSC Program Events Coordinator, explained how they track recipients who receive services and described her involvement with the City and coordination of an upcoming Centennial event. Barb Jensen, NHHSC Senior Committee, described the services provided and their goal to enhance the quality of life for the growing and diverse senior population. She advised of the vacancy that is yet to be filled by a Brooklyn Center resident. Sharon Kephart, Brooklyn Center representative on NHHSC Advisory Commission, thanked the Council for the opportunity to serve her community and indicated she has enjoyed representing the City and looking for ways to maximize benefits to address human service needs. She noted the NHHSC is an important avenue to leverage contributions of neighboring communities and it has demonstrated the ability to respond to changing needs. The Council discussed its support for the NHHSC and suggested Ms. Blood consider fostering a business relationship to raise awareness of the number of employees available in Brooklyn Center. Ms. Blood announced the upcoming round table discussion that NHHSC will host to address that issue as well as minority owned businesses. The Council thanked NHHSC's staff and its City representatives for their hard work to address resident's needs. Councilmember Kleven moved and Councilmember Ryan seconded to accept the 2010 Annual 05/09/11 -4- DRAFT report of the Northwest Hennepin Human Services Council. Motion passed unanimously. 7b. MAYOR'S PROCLAMATION DESIGNATING A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER Mayor Willson read in full a proclamation designating Saturday, May 7, 2011, as a day of spiritual rededication in Brooklyn Center. Councilmember Lasman moved and Councilmember Ryan seconded to approve PROCLAMATION Designating Saturday, May 7, 2011, as a day of spiritual rededication in Brooklyn Center Motion passed unanimously. 8. PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5715 EMERSON AVENUE NORTH Assistant City Manager /Director of Building and Community Standards Vickie Schleuning advised that 5715 Emerson Avenue N. was inspected and 16 property code violations were cited and ultimately corrected. There have been no validated police incidents /nuisance calls within the last 12 months. This property qualifies for a Type IV six -month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Mayor Willson expressed his trepidation to consider approval of this rental license due to the length of time taken by the property owner to address code violations and complete the licensing process. Councilmember Ryan moved and Councilmember Lasman seconded to open the hearing. Motion passed unanimously. 05/09/11 -5- DRAFT My Lam, property manager of 5715 Emerson Avenue N, stated the previous tenant had a lot of traffic and has now moved out. The new tenants have clean rental and criminal histories and both are employed. He reported on the improvements made to the rental unit to improve the quality of the property. Mayor Willson emphasized that the City holds property managers and owners responsible for rental properties, keeping the properties up to Code, and crime free. He stated it is good to hear the property owner and manager are pursuing compliance and in attendance tonight to address this application. Councilmember Roche concurred and noted that owners of rental property are responsible to be a good neighbor including lawn and planting maintenance. He asked Mr. Lam if he can assure the Council that the property will be maintained to Code standards and not lapse into noncompliance. Mr. Lam stated the property owner took the first step by not renewing the tenant's lease and improved its tenant base. They will now address anything else the City wants them to fix or improve. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Kleven seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 5715 Emerson Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6101 XERXES AVENUE NORTH Ms. Schleuning advised that 6101 Xerxes Avenue North was inspected and nine property code violations were cited and ultimately corrected. There have been no validated police incidents /nuisance calls within the last 12 months. This property qualifies for a Type IV six - month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one addressed the City Council. 05/09/11 -6- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 6101 Xerxes Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6757 HUMBOLDT AVENUE NORTH Ms. Schleuning advised that 6757 Humboldt Avenue North was inspected and 16 property code violations were cited and ultimately corrected. In addition, there have been two validated police incidents /nuisance calls (loud music) within the last 12 months. This property qualifies for a Type IV six -month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Roche moved and Councilmember Kleven seconded to open the hearing. Motion passed unanimously. No one addressed the City Council. Councilmember Kleven moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 6757 Humboldt Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10d. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5636 IRVING AVENUE NORTH Ms. Schleuning advised that 5636 Irving Avenue North was inspected and 13 property code violations were cited and ultimately corrected. There have been no validated police incidents /nuisance calls within the last 12 months. This property qualifies for a Type IV six- 05/09/11 -7- DRAFT month provisional rental license based on the number of property code violations found during . the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Roche seconded to open the hearing. Motion passed unanimously. No one addressed the CityCouncil. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Lasman asked why the property, once in compliance and licensed, would have 13 violation orders with the renewal license. Ms. Schleuning explained the property can be damaged by the tenant, resulting in Code violations, which shows the importance of securing good tenants. She reported on the emphasis of on -going maintenance so there are fewer violations and the property can be considered for a longer -term rental license. Councilmember Lasman moved and Councilmember Ryan seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 5636 Irving Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. CONSIDERATION OF AGENDA ITEMS TABLED OR CONTINUED Mayor Willson addressed the two agenda items that have been tabled or continued for a year. He recommended the Ordinance Amending Chapter 4 of the Brooklyn Center Charter, Sections 4.01 and 4.02 be placed on the next Council agenda. Mr. Boganey reported that the Charter Commission reviewed the issue and the Charter Commission Chair was asked to provide a report to the Council. Mayor Willson stated he will invite the Charter Commission Chair to the next meeting. The Council discussed the second item, Resolution Establishing Fees for Community Garden Plots Regulated by the City of Brooklyn Center, and whether it could be instituted in 2011. Councilmember Kleven reported the Housing Commission _ is working on this matter and believes it will be possible to organize community garden plots by 2012. 05/09/11 -8- DRAFT The Council discussed that approval of community gardens is contingent upon identifying an appropriate location and holding a neighborhood meeting. The option was raised that community garden plots could be "portable" and change locations from year to year. Mr. Boganey suggested scheduling the issue of community garden plots for a Council Work Session so it can be openly discussed and the Council can decide the next appropriate action related to fees. If the Housing Commission Chair is ready to make a report, it could be presented at that time. City Attorney Charlie LeFevere advised that a Work Session is a formal Council meeting and there is no reason that an item could not be removed from the table and discussed at a Work Session. However, it is the Council's practice to not take formal action at a Work Session. The majority consensus of the City Council was to schedule the community garden plot issue as a Work Session agenda item for discussion and input from the Housing Commission. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • April 17, 2011, delivered welcome bags to new residents. • April 28, 2011, Planning Commission meeting. • May 1, 2011, March for Babies with the March of Dimes. • May 3, 2011, Palmer Lake East neighborhood preconstruction meeting and community meeting relating to transit in the northwest metro. • May 7, 2011, Brooklyn Center Prayer Breakfast. Councilmember Kleven announced the first neighborhood area meeting scheduled for May 17, 2011, at 6:30 p.m. at Orchard Lane Park. She described the City branded clothing available for sale and encouraged residents to participate in the May 20, 2011, Brooklyn Center Crime Prevention Program fundraiser at Centerbrook Golf Course. Councilmember Kleven provided an update on the food drive, advising that one -forth of the goal has been reached and that $1,100 from the silent auction at the Wedding Dress Style Show would be donated towards building an amphitheater. Councilmember Ryan reported on his attendance at the following: • April 27, 2011, Brooklyn Center High School alumni planning meeting for an all class reunion the weekend of October 8, which will coincide with the homecoming event and celebrate the High School's 50 year. • May 3, 2011 East Palmer Lake preconstruction meeting for the 2011 street utility project. Councilmember Ryan announced the May 17, 2011, community meeting at Orchard Lane Park, the first of the four annual meetings in the park. He stated that pizza will be served and the meeting chaired by Police Chief Benner. Councilmember Roche reported on the Brooklyn Center elementary schools that won honors in the Post Office Literary Contest. He described the process that resulted in his volunteering as a 05/09/11 -9- DRAFT coach for the Angels, a Brooklyn Center American Little League baseball team. He stated he is looking forward to a great season and thanked those who will be assisting him in that effort. Councilmember Lasman reported on her attendance at the following: • May 3 2011 neighborhood Palmer y g ood preconstruction meeting for East Pa me Lake. a • May 7, 2011, Brooklyn Center prayer breakfast that addressed diversity. • May 7, 2011, Lioness luncheon and style show fundraiser. Councilmember Lasman reported that tickets are still available for the May 20, 2011 Brooklyn Center Crime Prevention golf tournament fundraiser and encouraged residents to participate. Mayor Willson indicated he had nothing to add to the reports presented and concurred with Councilmember Lasman's comment that volunteerism makes Brooklyn Center a great community. He stated he had enjoyed coaching Little League and hoped Councilmember Roche would find it to be a rewarding experience. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Kleven seconded adjournment of the City Council meeting at 8:08 p.m. Motion passed unanimously. 05/09/11 -10- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MAY 9, 2011 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council /Economic Development Authority (EDA) met in Work Session called to order by Mayor /President Tim Willson at 8:21 p.m. ROLL CALL Mayor /President Tim Willson and Councilmembers /Commissioners Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building & Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. DESIGNATING CITY COMMISSION TO PROVIDE REVIEW AND INPUT ON THE WATERSHED MANAGEMENT PLAN City Manager ager Curt Boganey presented the request of the Shingle Creek and West Mississippi Watershed Management Commission to designate a City commission to provide review and input on its Third Generation Watershed Management Plan. Mayor /President Willson expressed concern with appointment of a volunteer City commission to undertake this task and provide citizen's input to the West Mississippi Watershed Management Commission on behalf of the Council. It was noted that the City's appointed commissions are an official "arm" of the City Council/EDA and make recommendations to the City Council /EDA. The City Council /EDA discussed the request and option of forming a commission comprised of current members of the City's advisory commissions. However, concern was expressed with expecting volunteers to attend additional meetings or increase their workload. Public Works Director /City Engineer Steve Lillehaug explained this request is in lieu of a citizen advisory committee to obtain input from the City as a whole. The Watershed engineer would make presentations, as needed, gather information, and relay it to the Watershed Commission for implementation in its Third Generation Watershed Management Plan. He noted that other communities are appointing such a commission and the City will want to assure it is on an equal "playing field" with other communities to provide input. The City Council /EDA discussed the benefit of taking an ally stance and whether formation of an Environmental Commission should be considered. It was noted that a task force is usually 05/09/11 -1- DRAFT assigned for a specific duty and term. Mr. Lillehaug clarified that this commission would be a citizen advisory group only for input on the Plan update, which will come back to the City Council /EDA for approval. City Attorney Charlie LeFevere advised that public input is a requirement of the Board of Water and Soil Resources (BWSR) and been a real problem for Watershed Districts and Management Organizations to obtain. Therefore, BWSR is willing to accept different kinds of citizen input. This organization is made up of a number of municipalities and each is being asked to provide citizen involvement and input through the formation of a commission. Mr. LeFevere noted that the City Council /EDA has confidence in the ability of its standing commissions and there is no intent that such input would be seen as the direct representation of the City Council /EDA or City. The City Council /EDA noted the anticipated timeline and discussed that using an existing commission would eliminate the need for applications /interviews and expedite the process. It was suggested that staff poll existing commission members to determine the level of interest. Mr. Boganey explained that given the Council's sustainability goals, staff had planned to bring the option of establishing an Environmental Commission before the City Council /EDA at a future Work Session. The City Council/EDA noted that if the entire Commission membership wants to become involved, the topic could be added to its regular agenda without the need for additional meeting attendance. If several Commissions are interested, a joint meeting could be considered. Mr. Lillehaug stated in that scenario, the Watershed engineer will make a presentation before the Commissions, gather input, and present it to the Watershed District /Commission. The majority consensus of the City Council /EDA was to direct staff to send a letter to all Commissions and ask for a response on either of two options: would their whole Commission like to assume this responsibility as part of its duties for the remainder of the year; or, if individual commissioners are interested, would they be willing to serve on an Ad Hoc Task Force for the remainder of the year to fulfill the resident input requirement. UPDATE ON PLANNING COMMISSION APPLICATIONS FOR SHINGLE CREEK CROSSING Mr. Boganey reported on the status of the Shingle Creek Crossing applications, which will be presented tonight to provide the Council with an opportunity to receive an update, consider those recommendations, and ask questions. Director of Business and Development Gary Eitel described the application received by Gatlin Development to demolish Brookdale Mall and develop Shingle Creek Crossing, the process followed, and site plan revisions. He also provided an update on the status of planning applications and negotiations with the Midas property owner resulting in some redesign and enhancements. Mr. Eitel advised that the Planning Commission heard the application at its April 26, 2011, meeting and forwarded a recommendation of approval. It was noted that Phase I would include construction of the Walmart, the catalyst of the development. He presented a 05/09/11 -2- DRAFT series of plans including topography, grading, stormwater treatment, utilities, lighting, landscaping, and truck access. Councilmember /Commissioner Roche asked about the Highway 100 and Xerxes Avenue intersection, noting it has been an eyesore for some time. Mr. Boganey explained that Sears and Gatlin Development have been in negotiations. However, the City is not part of those discussions. The action of the City Council /EDA will only relate to the improvements occurring in the PUD area. Mr. Eitel presented exterior elevations and described the components, noting the City Council /EDA will approve each site plan and use as the project moves forward. Several concepts were displayed for the Midas site, the City's EDA parcel, and it was noted that the Bass Lake Road access would be closed as a condition of the development agreement. Mr. Boganey noted the developer is not opposed to this condition, but has indicated they are legally restrained by the lease. Mr. Eitel advised of each consideration that will be before the Council at its meeting on May 23, 2011. With regard to the PUD, Mr. Boganey explained the flexibility needed since the tenants are not yet identified. In addition, the developer reached agreement to purchase Midas and will be requesting financial assistance. Mr. Eitel explained that the Architectural Design Guidelines are being incorporated. The option of full daylighting of Shingle Creek is being reviewed by the County and will be presented at a June Work Session. It was noted that bus access would be exterior to the site and the transit center is just across the street from this project. The City Council /EDA reviewed and discussed the revised PUD plans, preliminary plat for Shingle Creek Crossing, schedule for the final plat, PUD Agreement, Subdivision Agreement, and Tax Increment Agreement Development. The City Council/EDA indicated its support for the plan revisions and noted the ultimate timeline is delayed by only a few weeks. Mr. Eitel explained that all of the permits identified in staff's memorandum are required and would be sequentially processed but do not need to be completed prior to May 23, 2011. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council /Economic Development Authority Work Session at 9:44 p.m. Motion passed unanimously. 05/09/11 -3- DRAFT City Council Agenda Item No. 6b • • COUNCIL ITEM MEMORANDUM DATE: May 17, 2011 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its May 23, 2011, meeting. Background: The following businesses /persons have applied for City licenses as noted. Each business /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Absolute Mechanical, LLC 5203 West 73 St, Edina CDM Htg & A/C 6040 340 Street, Stacy Carlson Plumbing, Inc. 19240 Isetta Street NE, East Bethel Centraire Heating & A/C, Inc. 7402 Washington Avenue S, Eden Prairie Joseph & Joseph Consulting, Ltd 34 Imperial Drive E, West St. Paul M H Plumbing, Inc. 6725 277 Avenue NW, Isanti Modern Heating & Air 2318 First Street NE, Minneapolis Ray Welter Htg Co. 4637 Chicago Avenue S, Minneapolis Wencl Services, Inc. 8148 Pillsbury Avenue S, Bloomington RENTAL See attached report. SIGN HANGER Advanced Design Inc. 1600 29 Street, Cloquet i AlisSFofF.rnsurJFFg, an attractive, dean, ,�FX fct d.'£)TJFfFF FfFZIt,}' that enhances the q uafl4 otf lIfP {and preseF res th e f3ablic tru.sF, COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1— 3 Year 1 -2 units 0 -1 3+ units 0 -0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1 -2 0 -1 Impact 3 -4 units 0 -0.25 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 -4 units Greater than 1' 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Fitsuring an attractive, ' clean, serfs cfzrrrzzrrcnazj tlrnt errlrezzzc.es the gzzalin' crf life. and preserves the public trust w! bSnZ Y Y r. e.3- ��� r C�o �� , R� ``��f �L>I "cense��fo Mal 2t11�, Property'. Final Dwelling: Renewal, Cade " License Police License lJn,paid ` . Urpaid Property - Address Type .,' or; nitial Owner Violations Type CF * Type ** Utilities Taxes 3223 49th Ave N Single Family Initial Hamid Safdari 0 II N/A II OK OK 4119 71st Ave N Single Family Initial Nazir Moghul. 0 II N/A II OK OK 6638 Camden Dr Single Family Initial Gal Peremislov 3 II N/A II OK OK 5025 Drew Ave N Single Family Initial Ryan Ferguson 0 II N/A II OK OK 5147 Drew Ave N Single Family Initial Frank Jin 0 II N/A II OK OK 6114 Girard Ave N Single Family Initial Sarah Vogt 1 II N/A II OK OK 5720 Logan Ave N Single Family Initial Jennifer Kuria 1 II N/A II OK OK 350147th Ave N 1 Bldgs 31 2 Passed w /Weather Deferral 11 Units Renewal Richard Grommes 2.82 /Unit 111 .18 /unit III OK OK 5240 Drew Ave N 1 Bldgs 3 6 Passed w /Weather Deferral 10 Units Renewal Bradley Schumacher .3 /Unit I .6 /Unit III OK OK 1205 63rd Ln N Single Family Renewal Michael Nwachukwu 0 1 0 1 OK OK 3501 66th Ave N Single Family Renewal Michael Haase 0 1 0 1 OK OK 1401 73rd Ave N Single Family Renewal J. Thomas Equities LLC 0 1 0 1 OK OK 6613 Camden Dr Single Family Renewal Mark One Resources LLC 3 II 2 III OK OK 5160 Drew Ave N Passed w /Weather Deferral Single Family Renewal Chen Zhou 5 III 0 111 OK OK 6443 Emerson Ave N Isingle Family Renewal Deepak Nath 1 1 0 1 OK OK 6407 Lee Ave N Single Family lRenewal Joe Yurecko 1 I 1 0 I 1 OK I OK * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N /A.) ** Final License Type Type I = 3 year Type 11 = 2 year Type III = 1 year Type IV = 6 mos City Council Agenda Item No. 6c i • COUNCIL ITEM MEMORANDUM DATE: May 18, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk aqK44� SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by City of Lakes Nordic Ski Foundation for an Event to be Held at Surly Brewing Company, 4811 Dusharme Drive, Brooklyn Center, on June 18, 2011 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on -sale liquor license submitted by City of Lakes Nordic Ski Foundation for an event to be held at Surly Brewing Company, 4811 Dusharme Drive, on June 18, 2011. Background: City of Lakes Nordic Ski Foundation has submitted an application and permit for temporary on- sale liquor license for an event to be held at Surly Brewing Company, 4811 Dusharme Drive, on June 18, 2011. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a non - profit organization for at least three years. The Police Department has met with the applicant to review and discuss parking, safety, and security issues and has satisfied the Police Department requirements. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11 -107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission Ensu7hkg an altrtaCtive, clean, sql Comin tin ify that E'IShanres the lfualitg of 1tfe and pre serves the (1ublie trust , u t OF PU > Minnesota Department of Public Safety s ' ALCOHOL AND GAMBLING ENFORCEMENT DIVISION +> tp 444 Cedar Street Suite 222, St. Paul MN 55101 -5133 � MINN�SO ' *.... * - (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 -- W W W.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER e 0 ( 4 b 2 W -174_3 $0 z- STREE ADDRESS CITY STATE ZIP CODE l IWAI , 4 Z Z - NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE 1.9 1I111 v< (614 60q 5 (ba 5 6 7 r� DATES LIQUOR WILL BE SOLD /��1r2 I� TYPE OF O TION TOT IS OTHER NONPROFIT ORGANIZATION OFFICER'S NAME ® ADDRE k"We g ll s 1 ,r415 51vrih At S. /� f ORGANIZATION OFFICER'S NAME ADDRESS 5c*# 6;.s/ww 7 - ?, 0 1 A -_ ORGANIZATION OFFICER'S NAME ADDRESS 1 Locatio tc wrll be used. If an outdoor area, describe / �� , _ U � / � a�� /_ m � �� ` , ya k y .� 7 (/ f7Rr y �/ ` y i t M�A rk�? �Q to f a Will the applicant contra for into icating liquor servic ? If so, 've the name and address of the iquor licensee providing the service. Will the applicant carry liquor liability insur e ? f please provide the carrier's name and amount of coverage. v APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY OUNTY ADD �� C��' DATE APPROVED CITY FEE AMOUNT zS • LICENSE DATES DAT EE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS -09079 (12/09) OQ x op BROOKLYN CENTER trtn cVp POLICE DEPARTMENT M MEMORANDUM TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police i4) DATE: May 18, 2011 SUBJECT: Police Review of Surly Event Application I have reviewed the security plan provided by Surly Brewing for their event scheduled for June 18, 2011.1 find no concerns with their plan as provided. i 1 have approved their road closure permit for this event as required by city ordinance 25 -902. City Council Agenda Item No. 6d • • COUNCIL ITEM MEMORANDUM DATE: May 17, 2011 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police V4 SUBJECT: Joint Power Agreement with Bureau of Criminal Apprehension Recommendation: It is recommended that Council recognize by resolution the five years Joint Power Agreement (JPA) between the Minnesota Department of Public Safety, Bureau of Criminal Apprehension, and the City of Brooklyn Center. Background: The Bureau of Criminal Apprehension continues to develop new technology and tools for law enforcement to perform investigative duties. The Joint Power Agreement allows for the city to gain access to current programs being offered and stay up to date with new technology when it becomes available without the need of signing additional agreements. Programs that the city will gain future access to as part of this agreement are E- Charging and Integrated Search Services (ISS). E- Charging is the electronic submission of criminal complaints giving prosecutors, law enforcement and judges the ability to review and sign complaints from their offices reducing time and travel expenses. ISS is an integrated search service which provides law enforcement with responses from multiple databases resulting from one query. These two programs are just an example of technologies that are quickly emerging with more improvements in the near future. Budget Issues: The police department is already paying for network connections at a rate that is not expected to increase due to the renewal of this JPA. Council Goals: Strategic: 1. We will ensure a safe and secure community Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN CENTER ON BEHALF OF ITS PROSECUTING ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Brooklyn Center on behalf of its Prosecuting Attorney and Police Department, desires to enter into a Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension, to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreement further provides the City with the ability to add, modify and delete connectivity, systems and tools over the five ear life of the agreement and obligates the City to a Y g g Y pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota, as follows: 1. That the State of Minnesota Joint Powers Agreement by and between the State of Minnesota, acting through its Department of Public Safety Bureau of Criminal Apprehension, and the City of Brooklyn Center, on behalf of its Prosecuting Attorney and Police Department, is hereby approved. Copies of the Joint Powers Agreement is attached to this Resolution and made a part of it. 2. That the Chief, Kevin Benner, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Lisa Store is appointed as the Authorized Representative's �' � Y Pp designee. 3. That the Prosecuting Attorney, Bill Clelland, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. RESOLUTION NO. To assist the Authorized Representative with the administration of the agreement, Dawn Speltz is appointed as the Authorized Representative's designee. 4. That Tim Willson, the Mayor for the City of Brooklyn Center, and Curt Boganey, the City Manager, are authorized and directed to sign the State of Minnesota Joint Powers Agreement on behalf of the City. May 23 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. DPS- M -1167 MNO270200 STATE OF MINNESOTA JOINT POWERS AGREEMENT CRIMINAL JUSTICE AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ( "BCA ") and City of Brooklyn Center on behalf of its Police Department ( "Agency "). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties. Agency wants to access these data in support of its criminal justice duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2, 1.2 Expiration (late: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's � systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to- computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30 -38 and Minn. Stat. §299C.58, BCA will provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 1 DPS- M -1167 MNO270200 i 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI -CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI -CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at -,vww. dps. state. mn, us /cj do / 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/defatilt.a spx 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. i 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. j 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function needs to be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDeskastate.mn.us 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI -CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA's transaction record meets FBI -CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must keep a transaction record sufficient to satisfy FBI -CJIS requirements and permit the audits described in Clause 7 to occur. 2 DPS- M -1167 MNO270200 If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota g Y _ , Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. T he transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the resp onse along with the destination 6 to which the data were sent. The transaction record must be maintained for a minimum of six O y ears from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and /or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and /or submission of the Court Records delivered through the BCA systems and tools. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of three hundred ninety dollars ($390.00) or a total annual cost of one thousand five hundred sixty dollars ($1,560.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to ' additional fees if an access and /or submit Court Records via BCA's systems, add , are addressed in that amendment. Y Y 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, I Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651 -793 -1007, or her successor. The Agency's Authorized Representative is Lisa Storey, Support Services Manager, 6645 Humboldt Ave N, Brooklyn Center, MN 55430, (763) 569 -3333, or his /her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, or their successors in office. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. r 3 DPS- M -1167 MNO270200 0 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn, Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. • 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and /or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report 4 DPS- M -1167 MNO270200 the status of the Individual User's access to BCA without delay. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. i 11.2 Termination for Insufficient Futuling. Either party may immediately terminate this Agreement if it does not obtain finding from the Minnesota Legislature, or other funding Source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other finding source, not to appropriate fiends. Notice of the lack of funding must be provided within a reasonable time of the affected parry receiving that notice. i 5 DPS- M -1167 i MNO270200 `�■� 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and IO.Venue. The parties indicate their agreement and authority to execute this Agreement by signing below. 1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF Individual certifies that funds have been encumbered as required CRIMINAL APPREHENSION by Minn. Stat. §§ 16A.15 and 16C.05. I Name: Name: (PRINTED) (PRINTED) Signed: Signed: _ Date: Title: CFMS Contract No. A- (with delegated authority) Date: 2. AGENCY Name: 4. COMMISSIONER OF ADMINISTRATION (PRINTED) delegated to Materials Management Division Signed: By: Title: Date: (with delegated authority) Date: Name: (PRINTED) Signed: I i Title: (with delegated authority) Date: i I 6 MI'LTNEW I � I m a I I n N e Is 9M 9TRE MOT 3 mom 'Lem M mom of Pu c T �\ Bureau of Criminal Apprehension W 1430 Maryland Avenue E., St. Paul, Minnesota 55106 Phone: 651/793 -7000 FAX: 651/793 -7001 TTY: 651/282 -6555 \q� J y o� P Internet: http: / /www.dps.state.mn.us /bca/ April 14, 2011 Alcohol & Lisa Storey Gambling Brooklyn Center Police Department Enforcement 6645 Humboldt Ave N Brooklyn Center, MN 55430 ARM ER /911 Program Dear Ms. Storey, Bureau of Your agency recently requested additional services. This is a timely opportunity for Criminal your agency to adopt the Bureau of Criminal Apprehension's (BCA) new Master Joint Apprehension Powers Agreement (JPA). The JPA makes adding services much easier. Driver and Enclosed please find six copies of a JPA. A few things to know about some of the Vehicle Services information in the JPA: Homeland C Clause 3 references payment. The amount listed, if any, is what your agency Security and Emergency currently pays to connect; there are no charges for any additional services Management requested. Minnesota By law (Minn. Stat. §471.59, Subd. 1), the JPA must be approved by your city State Patrol council. A sample resolution for your use is also enclosed. If you would prefer an electronic version please email your request to the address below. Office of Communications Here's what we need from you: Office of ❑ A copy of the city council's resolution approving the JPA or a copy of the meeting Justice Programs minutes showing the approval. Unapproved meeting minutes are acceptable. ❑ For statutory cities, the mayor and city clerk must sign the enclosed agreement Office of (Minn. Stat. §412.201). Traffic Safety 11 For home rule charter cities, the council may delegate signing to a city employee State Fire (Minn. Stat. Ch. 410). Marshal and ❑ For home rule charter cities, a copy of the document delegating signing authority. Pipeline Safety ❑ All six copies of the JPA with appropriate signatures. If you have any questions please contact me at 651 - 793 -2734 or Julie.johansen2cstate.mn.us Sincerely, -- .5i3¢5otd V V Juke Johansen Contracts and Grants Specialist Bureau of Criminal App'ehemion Enclosures EQUAL OPPORTUNITY EMPLOYER City Council Agenda Item No. 8a 1 t COUNCIL ITEM MEMORANDUM DATE: May 17, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Partially Releasing Highway Easement Document No. 720378, Releasing and Terminating Sanitary Sewer Easement Grant Document No. 802984, Releasing and Terminating Easement Grant Document No. 964588, Releasing and Terminating Easement Grant Document No. 1032878, Releasing and Terminating Easement Grant Document No. 1504596, Partially Releasing and Terminating Easements Document No. 4499430, Releasing and Terminating Easement Grant and Maintenance Agreement Document No. 1838664, and Releasing and Terminating Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems Document No. 1876647, Contained on the Parcels Which Lie Within the Area Bounded by Highway 100, Bass Lake Road (County Road 10) and Xerxes Avenue North, Hennepin County, Minnesota Recommendation: It is recommended that the City Council consider approval of the resolution authorizing partial release of existing easements and release and termination of existing easements in connection with the final plat approval of SHINGLE CREEK CROSSING. Background: It is expected the City Council will adopt the resolution granting final plat approval for the Shingle Creek Crossing development at its meeting on May 23, 2011. In connection with the final plat and easement dedication proceedings, the developer is requesting partial release of easements and release and termination of easements that are either no longer needed or are being replaced by new easements. The following easements are proposed to be partially released or released and terminated as indicated: 1. Document No. 720378 pertains to a portion of highway easement for Xerxes Avenue North. The partial release of easement pertains to a portion within in the existing easement that conveys the right to the City to construct and maintain, upon certain land adjoining certain conveyed property for the original roadway easement, such portable snow fences during .months as weather conditions deem necessary, This existing easement is unusual in the fact that it encumbers the property adjacent to the easement area. The City no longer needs the snow fence rights and partially releasing this encumbrance will clear up certain title issues on said adjacent property. 2. Document No. 802984 pertains to releasing and terminating the existing sanitary sewer easement for the public 24 -inch and 27 -inch sanitary sewer trunk line across the Brookdale site that will be dedicated on the final plat of SHINGLE CREEK CROSSING. Mission: Ensuring an attractive, clean, safe conznsunity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 3. Document No. 964588 pertains to releasing and terminating the existing sanitary sewer easement for the public 18 -inch sanitary sewer trunk line and sanitary sewer force main across the Brookdale site that will be dedicated on the final plat of SHINGLE CREEK CROSSING. 4. Document No. 1032878 pertains to releasing and terminating the existing easement for certain roadway elements that is located on the Brookdale mall property at Shingle Creek Parkway. The existing roadway elements will be encompassed by new public roadway right -of -way that is being dedicated on the final plat of SHINGLE CREEK CROSSING. 5. Document No. 1504596 pertains to releasing and terminating the existing trail easement across the Kohls site that will be rededicated over the relocated trail along the daylighted portion of Shingle Creek on the final plat of SHINGLE CREEK CROSSING. 6. Document No.. 4499430 pertains to a portion of drainage, utility, landscape and sidewalk easement along the east side of Xerxes Avenue between 55 Avenue North and just south of County Road 10 at the southerly limits of the Holiday Station parcel. The partial release and termination of easement pertains to the 10 -feet of the easement within the plat of SHINGLE CREEK CROSSING, which will be rededicated on the plat as normal drainage and utility easement, and a separate easement will be granted for the existing landscape and sidewalk elements. The validity of the existing easement has been questioned and this rededication will secure the needed easement and clear up certain title issues on said property due to this easement. 7. Document No. 1838664 pertains to releasing and terminating the existing watermain easement and agreement for the public trunk watermain located across the Kohls site that will be dedicated on the final plat of SHINGLE CREEK CROSSING. 8. Document No. 1876647 pertains to releasing and terminating the existing easement and agreement for private storm sewer facilities located on the Kohls site. These are private facilities and the City does not need a standard public drainage and utility easement for these elements. A standard overall property easement agreement for maintenance and inspection purposes in favor of the City will be obtained as part of a condition of project approval. As part of the public hearing and notification process, affected entities with interests in said existing easements have been notified in accordance with City Ordinance and State Statue. CenterPoint Energy has indicated that they object and need to reserve an easement within Xerxes Avenue with respect to Document 720378 (see attached letter dated May 11, 2011); however, the portion of the easement that relates to their interests is being preserved and is not being vacated. Xcel Energy has indicated that they object to the vacation of easements, generally within the entire proposed project area (see attached letter dated May 17, 2011). However, their objection is vague and ambiguous pertaining to specific locations, existing facility locations, and any proposed remedial actions needed to cure their objection. It is staff's opinion that all easements proposed to be vacated are fully encompassed by rededicated easements as part of the project's final plat and should not negatively affect Xcel Energy rights to public easements and /or their Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM . existing utility lines located within these existing easement areas. Staff has requested further and more specific details from Xcel Energy to help clarify their objection and will be provided to the Council should any further clarification be received prior to the public hearing. The attached easements and exhibits outline the partial release of easements and release and termination of easements and show the locations of said existing easements. The City Attorney has reviewed all partial release documents and release and termination documents and concurs to the purpose and form of the documents. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans Mission: Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust I Kimley-Horn and Associates, Inc. May 23, 2011 Mr. Steve Lillehaug Public Works Director/City Engineer suite 238N City of Brooklyn Center 2550 University Avenue 6301 Shingle Creek Parkway west Brooklyn Center, MN 55430 St.Paul,Minnesota 55114 RE: Shingle Creek Crossing Private Utility Easement Vacation Objections Dear Mr. Lillehaug, We understand that Xcel Energy (Xcel) and CenterPoint Energy (CenterPoint) have made objections to the proposed public easement vacations scheduled for City Council consideration on Monday, May 23`d, 2011. Based on the letter received from CenterPoint and telephone conversations that Kimley-Horn and Associates, Inc. has had with Xcel, we understand that both companies are objecting to the vacation of the Xerxes Avenue Highway Easement. As you know, the vacation of Xerxes Avenue is not being considered; but rather, a partial release is being proposed to eliminate the snow fence provision. This partial release will have no impact on either Utility's ability to maintain their facilities within the existing highway easement. While the proposed vacations should have no negative impact on the ability of Xcel or CenterPoint to maintain their existing service, the Gatlin Team will continue to work with them in an effort to address their concerns. We are coordinating with the designers from both companies to provide an efficient layout for them to provide service to the new development, and will provide the necessary easements for their facilities. We hope that the above information and our commitment to work with the private utilities alleviate any concern staff has with the objections to the easement vacations. Sincerely, William D. Matzek, PE, CPESC Kimley-Horn and Associates, Inc. its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION PARTIALLY RELEASING HIGHWAY EASEMENT DOCUMENT NO. 720378, RELEASING AND TERMINATING SANITARY SEWER EASEMENT GRANT DOCUMENT NO. 802984, RELEASING AND TERMINATING EASEMENT GRANT DOCUMENT NO. 964588, RELEASING AND TERMINATING EASEMENT GRANT DOCUMENT NO. 1032878, RELEASING AND TERMINATING EASEMENT GRANT DOCUMENT NO. 1504596, PARTIALLY RELEASING AND TERMINATING EASEMENTS DOCUMENT NO. 4499430, RELEASING AND TERMINATING EASEMENT GRANT AND MAINTENANCE AGREEMENT DOCUMENT NO. 1838664, AND RELEASING AND TERMINATING EASEMENT AND AGREEMENT FOR MAINTENANCE AND INSPECTION OF UTILITY AND STORM DRAINAGE SYSTEMS DOCUMENT NO. 1876647, CONTAINED ON THE PARCELS WHICH LIE WITHIN THE AREA BOUNDED BY HIGHWAY 100, BASS LAKE ROAD (COUNTY ROAD 10) AND XERXES AVENUE NORTH, HENNEPIN COUNTY, MINNESOTA WHEREAS, the Planning Commission has recommended approval for the plat for SHINGLE CREEK CROSSING based on certain conditions as set forth in the Planning Commission Resolution No. 2011 -06; and WHEREAS, certain existing easements pertaining to the properties contained within the plat for SHINGLE CREEK CROSSING are either no longer needed, or are being replaced by new easements; and WHEREAS, the City of Brooklyn Center and Brookdale Center, Inc., entered into that certain agreement dated on or about June 5, 1962, and filed in the Office of the County Recorder of Hennepin County as Document No. 720378; the City of Brooklyn Center and Dayton Development Company entered into that certain agreement dated on or about March 10, 1965, and filed in the Office of the County Recorder of Hennepin County as Document No. 802984; the City of Brooklyn Center and Dayton Development Company entered into that certain agreement dated on or about Yt P p Y g August 18, 1969, and filed in the Office of the County Recorder of Hennepin County as Document g tY No. 964588; the City of Brooklyn Center and the Dayton Development Company entered into that certain agreement dated on or about June 10, 1971, and filed in the Office of the County Recorder of Hennepin County as Document No. 1032878; the City of Brooklyn Center and the Equitable Life Assurance Society of the United States entered into that certain agreement dated on or about November 8, 1982, and filed in the Office of the County Recorder of Hennepin County as Document No. 1504596; the City of Brooklyn Center and Brooks Mall Properties, LLC, entered into that certain agreement dated on or about May 7, 2008, and filed in the Office of the County Recorder of Hennepin County as Document No. 4499430; the City of Brooklyn Center and Equitable Real Estate Center, n er in on ut May and filed Shopping L.P. e t entered to that certain agreement dated or abo g Y 28 1987 RESOLUTION NO. in the Office of the County Recorder of Hennepin County as Document No. 1838664; and the City of Brooklyn Center and Federated Department Stores, Inc., entered into that certain agreement dated on or about August 31, 1987, and filed in the Office of the County Recorder of Hennepin County as Document No. 1876647; and WHEREAS, the City Council has determined that it is necessary and expedient to so partially release, or release and terminate the aforementioned easements as indicated and specifically contained in the attached documents and exhibits for the benefit of the City of Brooklyn Center and the Shingle Creek Crossing development; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council hereby approves the partial release, or release and termination of the aforementioned easements with respect to the plat of SHINGLE CREEK CROSSING, release and terminations of which are described in the exhibits and documents attached hereto. 2. The approval hereby given to the partial release, or release and termination of the easements with respect to the plat of SHINGLE CREEK CROSSING includes approval of such additional details therein as may be necessary and appropriate, and such modifications thereof, as may be necessary and appropriate and approved by the City or Authority officials authorized by this resolution to execute any document related to the execution of the documents. This resolution, together with the execution of any required documentation to be executed in connection with the partial release, or release and termination of the easements in the appropriate officer or officers of the City or Authority, shall be conclusive evidence of the approval of the execution of the documents in accordance with the terms thereof. 3. The Mayor and City Manager are hereby authorized to execute the aforementioned documents in the name of the City of Brooklyn Center. 4. Partial release, or release and termination of said easements are contingent upon and will only take effect upon the release and filing of the final plat of SHINGLE CREEK CROSSING, execution and filing of associated rededicated easements, and upon execution and filing of subdivision agreement for said associated development. i RESOLUTION NO. May 23, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CenterP Mi oint, 700 West Linden Avenue PO Energy Box 1165 Mnneapolis, MN 55440 -1165 Bruce Johnson May 11, 2011 Supervisor of Engineering City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN. 55430 RE: Street and Utility Easement Vacations, Shingle Creek Crossing Development Dear Mr. Johnson: With reference to the proposed vacations mentioned above, CenterPoint Energy does have an existing natural gas main in that portion of Xerxes Avenue North proposed to be vacated. Since this gas main is an important part of our distribution system for this area we must object to this proposed vacation unless suitable easement rights are reserved to CenterPoint Energy pursuant to MnSta 160.29 & MnRule 7819.3200. Please reserve an easement to CenterPoint Energy created by and within the document establishing the street vacation and filed with the Hennepin County Recorders office, over the following area of the proposed street vacation: That part of the west half of Xerxes Avenue North which lies southerly of the northerly right -of -way line of 56' Avenue North, and which lies northerly of the southerly right -of -way line of 55 Avenue North. We may consider removing our objection should the petitioner wish to reimburse CenterPoint Energy the cost of relocating the existing gas main. To discuss this and any other options that may be available please have the petitioner contact Andrew Balgobin, Administrative Engineer at 612- 321 -5426. Thank you for the advance notice and please send me a copy of the final action on this proposal. Respectfully, CENTERPOINT ENERGY V� Steven Von Bargen Right -of -Way Administrator PC: Andrew Balgobin, Administrative Engineer Casey Tollefson, Engineer Roger Brandel, Area Manager Christie Singleton, Supervisor Field Operations Charles McCoy, Advanced C &M Xce Energy NESP0NSIOLE RY NATURE'" 414 Ncollet Mall — MP& Minneapolis, MN 55401 christopher.d,berg[tind@xcelenergy.com May '17th 2011 Via Email Bruce Johnson City of Brooklyn Center Re: SPANGLE CREEK C®SSING EASEMENT VACATIONS Dear Bruce, I am writing in response to your letter of May 3, wherein you requested that Xcel Energy (Xcel) comment on the vacation of the referenced drainage and utility easements. Xcel has many facilities running throughout the proposed vacated areas. We also have a number of easements on the subject property as well. No plans for relocating our current facilities have been finalized. A this time, Xcel Energy objects to the vacation of the utility and drainage easements for the proposed area. Vacation of these areas will be considered again in the future once the location of the new facilities is finalized b the developer and Xcel and provided that there is no a y p , p gap between the vacation of the subject properties, and the re-platting of the subject property. I p p p 9 . I p p y Please call me with any questions or comments you might have. Sincerely, Chris Berglund Siting & Land Rights 612.330.6471 cc: Robert Torres 2011,238 • F� • • • Drawing name: K: \TWC_LOEV \GATLIN DEVELOPMENT \BROOKOALE CENTER \CARD \EXHIBITS \Slt,aEa9emen ts.dwg Easement Vocations May 18, 2011 10:23am by Trish.Rothe Thiz dacumml, together xilh the concept. and de.i,n. prea.nted herein, as on traN ent el aernce, 1. ntentlptl -y tar the apecNic ­p— and chm! tar wM1kF It way ggwntl. R... a, and impr rel— an I- tlpwmml wikh..t written aulM1arizatim and p ptatian by —­H... mtl Azsacialpa. Inc. —1 ba without liability I. —i­— and Nwciatez, Inc. --- __ _ —_ - -J � 1 Y 1 — I i �'y iF --- - - - - - 7 i a e �- 1 •, 'I 1 1 IxEND1�s BROOKLYN si _ -- L -- XEh L TER HOD\ z H i 1 11 1a� 1 — --- 1' J 5j / \ I \I �Sm I I', it al�ival —J_' J -- z1D Tg>• - \_ t -4 p 1 -- - - -- z5 / 1 1� x ,1 1 D ra1 1 - -_ _ \ _j 1— 1 — ON 6tl It V. ._ " ;�- _ -\. °' �,' „ \ - •. ° � > / � Fry ,/ / j' ��� 1 'a : -`• �, ,, N _ �/ \ at It ` J ` I I 1 I I ° \ \ / \ \ I I II l i li l i I o \ \( 1 \ I I I I \ •' \ > \/ \ I II II \ ice L �'\ I e \ \ I I 11 Pill. : ICY I I Vii A I 1. \ I ` ° I 'iI �' �) \ I0 \ \ 1 \\ !I li �. i' �� .t i 101 M \ \\ \\ ) I� r \ 'Coll II I III , I I II I I I ----- - - - - -- iu. r z - - - - - - - - - - - - - - - - - - - - - - - - - O IL TI \\ \\ ,•\ \ a 9 \ \ ` \ • I \ \ \ o ° \ \ > M If B o a 00 0, II ( M (\ Lj 1 II I m \ \ wl,. `; . D m \ `\ \ X II n I x m - zl I + \\ ice\ 9n� iii' /'I'L' \ ` \ aIII , G) Z \ \ ` , • Ilii I� ' m S , `i(:111 I L;' '� I I m m m i I Z \ r it \ , 1 , II I sa,, ., �J ;a .1 1 II DO D � I Ill � \ \ � _ :��'�, `�� i • I I 11 I ,•1�i \ \ \ � I j i I t / mm N \ SCALE DESIGN ENGINEER: T rn'D WILLIAM D. MATZEK o Klmley -Hom m SHINGLE CREEK CROSSING EASEMENT VACATION DESIGNB'BY ❑� and Associates, Inc. MINNESOTA RECISTRAAON NUMBER: w � BROOKLYN CENTER, MN MANN BY ©2008 HIN Y -H NN AND ASSOC INC. GO C3 EXHIBIT 2550 UNIYEASITY AIENUE KST. WTE 315M ST. PAUL. NN 5511♦ GO O O PHONE: 651- 615 -1197 FAX 651 -1115 -5116 v l HENNEPIN MINNESOTA CHECKED er DATE: 'Y""'dN "OeN.caA NO RE DATE eY I i a Document No. 720378 (Snow Fences) PARTIAL RELEASE OF EASEMENT This Partial Release of Easement is made as of , 2011, by the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, successor in interest to the Village of Brooklyn Center, Minnesota, a Minnesota municipal corporation (the RECITALS WHEREAS, the property described on Exhibit A hereto ( " Property ") is subject to an easement for highway purposes, as set forth in that certain Highway Easement by and between Brookdale Center, Inc., a Minnesota corporation, as grantor, and the Village of Brooklyn Center, Minnesota, a Minnesota municipal corporation (n/k/a the City of Brooklyn Center), as grantee, dated June 6, 1962 and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on March 8, 1963 as Document No. 720378 (the " Existing Easement "). WHEREAS, the Existing Easement also conveys the right to the City to construct and maintain, upon certain land adjoining the Property, such portable snow fences during months as weather conditions make necessary (the " Snow Fence Rights "). WHEREAS, the affected adjoining land is described on Certificate of Title No. 1166861 (the " Adjoining Land "). WHEREAS, the City no longer requires the Snow Fence Rights. WHEREAS, on , 2011, the City adopted a resolution vacating the Snow Fence Rights on the Adjoining Land. WHEREAS, the City desires to release the Snow Fence Rights from the Existing Easement. PARTIAL RELEASE In consideration of the foregoing, the City agrees as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 3873604v2 2. Any and all conditions to the vacation of the Snow Fence Rights on the Adjoining Land set forth in City Council Resolution No. , a certified copy of which has been recorded in the office of the Registrar of Titles of Hennepin County, Minnesota, have been satisfied. 3. The Snow Fence Rights, together with all terms, conditions and requirements therein contained, are hereby released from the Existing Easement. 4. Except as specifically partially released herein, the Existing Easement remains in full force and effect. (SIGNATURE PAGE FOLLOWS) a r 2 38736042 IN WITNESS WHEREOF, the City has executed this Partial Release of Easement effective as of , 2011. CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, successor in interest to Village of Brooklyn Center, a Minnesota municipal corporation By: Name: Tim Willson Title: Mayor By: Name: Cornelius L. Boganey Title: Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011, by Tim Willson, the Mayor, and by Cornelius L. Boganey, the Manager, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by: BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8 th Street Minneapolis, MN 55402 Attention: Thomas L. Bra Es q. . q 612.977.8400 SIGNATURE PAGE TO PARTIAL RELEASE EASEMENT (Document No. 720378) 38736042 EXHIBIT A Pro e Property located in Hennepin County, Minnesota, legally described as follows: All that part of Tracts "B" and "E" of Registered Land Survey No. 936, files of the Registrar of Titles in and for the County of Hennepin, State of Minnesota, and all that part of the North 33 feet of the Southeast Quarter of Section 3, Township 118 North, Range 21 West which lie between two lines drawn parallel with and distant 45 feet on each side on Line 1 to be described. From a point on the South line of Section 3 of Township 118 North, Range 21 West distant 52.1 feet West of the Southeast corner thereof proceed Northeasterly at an angle of 57 °55' with said South line of Section 3, as measured from East to North for a distance of 353.6 feet; thence deflect to the right at an angle of 20 °04' for a distance of 50.64 feet to the point of beginning of Line 1. Line 1. At said point of beginning of Line 1 deflect to the Left at an angle of 76 °07' from the last described course as measured • from East to North and proceed Northwesterly for a distance of 357.52 feet; thence deflect to the Right at an angle of 08 °32'00" and proceed Northwesterly for a distance of 434.48 feet; thence deflect to the Right at an angle of 03 °15'00" and proceed Northwesterly for a distance of 691.18 feet to the point of beginning of an 11 °19'29" curve to the Right with central angle of 35 Rt.; thence along said 11 °19'29" curve to the Right a distance of 310.41 feet to the end of said curve; thence Northeasterly on tangent to said curve a distance of 624.81 feet to a point on the South line of the Northeast Quarter of Section 3, Township 118 North, Range 21 West distant 412.38 feet West of the Southeast corner thereof and there terminating. Containing 4.67 acres, more or less, in addition to right of way of existing public roads. A -1 3873604x2 Document No. 802984 (Sanitary Sewer Easement) RELEASE AND TERMINATION OF EASEMENT This Release and Termination of Easement is made as of , 2011, by the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, successor in interest to the Village of Brooklyn Center, Minnesota, a Minnesota municipal corporation (the RECITALS WHEREAS, the property described on Exhibit A hereto ( "Pro e ") is subject to an easement for sanitary sewer purposes as set forth in that certain Sanitary Sewer Easement Grant by and between Dayton Development Company, a Minnesota corporation, as grantor, and the Village of Brooklyn Center, Minnesota, a Minnesota municipal corporation (n/k/a the City of Brooklyn Center), as grantee, dated March 10, 1965 and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on March 25, 1965 as Document No. 802984 (the " Existing Easement "). WHEREAS, the Existing Easement is either unnecessary or has been or will be replaced by public easements dedicated in the Plat of SHINGLE CREEK CROSSING. To eliminate unnecessary encumbrances on the Property, the City desires to release the Property from and terminate the Existing Easement. WHEREAS, on , 2011, the City adopted a resolution vacating the Existing Easement. WHEREAS, the conditions to the vacation of the Existing Easement set forth in the resolution, if any, have been satisfied. RELEASE AND TERMINATION In consideration of the foregoing, the City agrees as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 2. Any and all conditions to the vacation of the Existing Easement set forth in City Council Resolution No. , a certified copy of which has been recorded in the office of the Registrar of Titles of Hennepin County, Minnesota, have been satisfied. 3. The Existing Easement, together with all terms, conditions and requirements therein contained, is released and terminated. (SIGNATURE PAGE FOLLOWS) 3501104v5 IN WITNESS WHEREOF, the City has executed this Release and Termination of Easement effective as of 5 2011. CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, successor in interest to Village of Brooklyn Center, a Minnesota municipal corporation By: Name: Title: Mayor By: Name: Title: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on 2011, by the Mayor, and by the , of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8 h Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO RELEASE AND TERMINATION OF EASEMENT (Document No. 802984) 35011045 • EXHIBIT A Pro e Property located in Hennepin County, Minnesota, legally described as follows: Those parts of the East 30 feet of the West 671 feet of Lots 8 and 9, AUDITOR'S SUBDIVISION NUMBER 218, Hennepin County, Minnesota, now included in Tract C, Registered Land Survey No. 1142, files of the Registrar of Titles, County of Hennepin. All that part of Tract D, Registered Land Survey No. 1142, files of Registrar of Titles, County of Hennepin, Minnesota and Tracts G and F, Registered Land Survey No. 936, Hennepin County, Minnesota lying 15 feet on each side of centerlines 1 and 2 to be described: Centerline 1 — Commencing at the Southwest corner of the Northwest 1 /4 of Section 2, Township 188 North, Range 21 West, Hennepin County, Minnesota, thence running East along the South line of said Northwest 1 /4 a distance of 654.80 feet to the actual point of beginning of centerline 1, thence deflecting 89° 12' to the . left and running Northerly a distance of 126 feet, more or less, to a point in the North line of Tract D, Registered Land Survey No. 1142, said North line of Tract D also being the South right of way line of County Road No. 10, and there terminating. Centerline 2 — Commencing at the Southwest corner of the Northwest 1 /4 of Section 2, Township 118 North, Range 21 West, Hennepin County, Minnesota, thence running East along the South line of said Northwest 1 /4 a distance of 654.80 feet to the actual point of beginning of centerline 2, thence deflecting 90° 52' to the right and running Southerly a distance of 12.90 feet, thence deflecting 45° 54' to the left and running Southeasterly a distance of 391.55 feet, thence deflecting 17° 03' to the right and running Southeasterly a distance of 527.44 feet, thence deflecting 69° 37' to the right and running Southwesterly a distance of 820.36 feet, thence deflecting 40° 46' to the left and running Southerly a distance of 11.3 feet, more or less, to a point in the Southeasterly line of Tract F, Registered Land Survey No. 936, said point being distance 344.40 feet Southwesterly from the most Easterly corner of said Tract F, and there terminating. A -1 35011045 COUVTY /V NO 1 N LINE OF TRACT D CL I ..... ') • - -RLS NO 1142 AKA J i, it 5 LINE OF CO RD NO 10 A / , n I ��i •✓ , r �A /.r v. � 89'12' i • 654.8 - 90'52' v� L • � 12.90 -•=�' - 1 SW CORNER OF NW 114 / �h 2 T. OF S , //Q R. 21 45'54 " -- -•;ter • S L/NE 0- NW 114 �.•• I OF S. ?. T. / /B. R. 11 Qj v LL L1/ ^ A A O L.— /VV / / I V O / /iii / . • T L7 / > `�' U / CL 2 ^' C /=J/ A //1 LL.I L....: /YV J I / Q < \/ 7 .1 Ah u yy� LJ/ A //I / \ L..i I Y V I / �/ �l • 69'37'•x' I Ell 7 ABU K K \ ' t10 P 3 A /-/ ti yy , So W / / I . 4049' / rC/ A /• r (40'46') ice•^ /\L.. -: /V� . •ice EXHIBIT EASEMENT VACATION 9001 Main Office: 9001 East Bloomington Freeway (35W) •Suite 118 DOC. NO. 802984 Bloomington, Minnesota 55420 -3435 2010 - 040 - E T.118. R.21 S.02 LAND SURVEYING 952 -881 -2 55 (Fa 952 888 -9526) 2010040EO06- ESMT- VAC.dwg www.sunde.com Brooklyn Park, Minn. 763 - 784 -9346 03/21/2011 MLS Document No. 964588 (Sanitary Sewer Easement) RELEASE AND TERMINATION OF EASEMENT This Release and Termination of Easement is made as of , 2011, by the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the RECITALS WHEREAS, the property described on Exhibit A hereto ( Pro ert ) is subject to an easement for sanitary sewer purposes as set forth in that certain Easement Grant by and between Dayton Development Company, a Minnesota corporation, as grantor, and the City, as grantee, dated August 18, 1969 and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on February 25, 1970 as Document No. 964588 (the " Existing Easement "). WHEREAS, the Existing Easement is either unnecessary or has been or will be replaced SHINGLE CREEK CROSSING. To eliminate by public easements dedicated m the Plat of S ® unnecessary encumbrances on the Property, the City desires to release the Property from and terminate the Existing Easement. WHEREAS, on , 2011, the City adopted a resolution vacating the Existing Easement. WHEREAS, the conditions to the vacation of the Existing Easement set forth in the resolution, if any, have been satisfied. RELEASE AND TERMINATION In consideration of the g� the foregoing, City agrees as follows: ty g 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 2. Any and all conditions to the vacation of the Existing Easement set forth in City Council Resolution No. , a certified copy of which has been recorded in the office of the Registrar of Titles of Hennepin County, Minnesota, have been satisfied. 3. The Existing Easement, together with all terms, conditions and requirements therein contained, is released and terminated. 0 (SIGNATURE PAGE FOLLOWS) 3536311v3 IN WITNESS WHEREOF, the City has executed this Release and Termination of Easement effective as of , 2011. CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Title: Mayor By: Name: Title: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on 2011, by , the Mayor, and by the , of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by: BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8`" Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO RELEASE AND TERMINATION OF EASEMENT (Document No. 964588) • 35363110 EXHIBIT A Property Property located in Hennepin County, Minnesota, legally described as follows: A strip of land 20 feet wide lying in part of Tract A, Registered Land Survey No. 1161; part of Tract B; Registered Land Survey No. 1151; part of Tract G, Registered Land Survey No. 936, the south .27 feet of Lot 31, Auditor's Subdivision Number 218, all according to the plat of record thereof and Files of the Registrar of Titles of Hennepin County, Minnesota, the centerline of which is described as: Commencing at the southwest corner of the Southeast Quarter of the Northwest Quarter in Section 2, Township 118, Range 21_; thence north along the west line of said Southeast Quarter, a distance of .27 feet; thence easterly deflecting to the right 89 degrees, 11 minutes, 10 seconds, a distance of 67.00 feet to the true point of beginning of the centerline to be described; thence southerly parallel with said westerly line, a distance of 111.27 feet; thence southwesterly deflecting to the right 70 degrees for a distance of 75 feet; thence continue southwesterly deflecting to the left 13 degrees, 25 minutes, 31 seconds for a distance of _33.41 feet; thence southerly deflecting to the left 48 degrees, 10 minutes, 19 seconds for a distance of 48 feet to an inplace sanitary sewer manhole and there terminating. A -1 35363110 COUNTY RD NO 10 (89 1 1'10") 89 °17'31" -- 67.00.1 W LINE OF SE 1/4 OF Q NW 1/4 OF S 2, T 118, R 21 N 0 SW CORNER OF SE 1/4 OF _ N u, — N W 1/4 OF S 2, T 118, R 21 ' 13 ° 25'31 "- .�� 700 �-�'�• OPS 6� 9.O�G NO 48.00 T �) A A 48 ° 10'19" T, -)A T A n / V U /� Q 0 0 \ I I � U C W J Q U v7 EXHIBIT EASEMENT VACATION �� �� Main Office: 9001 East Bloomington Freeway (35W) •Suite 118 DOC. NO. 964588 Bloomington, Minnesota 55420 - 3435 LAND SURVEYING 952 -881 -2455 (Fox: 952 - 888 -9526) 20:0 -040 —E T.118, R,21, S.02 North Office: 201004GE006— ESMT— VAC.dwg www.sunde.com Brooklyn Park, Minn. 763 - 784 -9346 03/21/2011 MLS Document No. 1032878 (Traffic Control and Curb and Gutter Easement) RELEASE AND TERMINATION OF EASEMENT This Release and Termination of Easement is made as of , 2011, by the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the RECITALS WHEREAS, the property described on Exhibit A hereto ("Property") is subject to an easement for installation and maintenance of traffic control devices and curb and gutter revisions as set forth in that certain Easement Grant by and between Dayton Development Company, a Minnesota corporation, as grantor, and the City, as grantee, dated June 10, 1971 and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on June 2, 1972 as Document No. 1032878 (the ` Existing Easement "). WHEREAS, the Existing Easement is either unnecessary or has been or will be replaced by public easements dedicated in the Plat of SHINGLE CREEK CROSSING or granted in the PUD. To eliminate unnecessary encumbrances on the Property, the City desires to release the Property from and terminate the Existing Easement. WHEREAS, on , 2011, the City adopted a resolution vacating the Existing Easement. WHEREAS, the conditions to the vacation of the Existing Easement set forth in the resolution, if any, have been satisfied. RELEASE AND TERMINATION In consideration of the foregoing, the City agrees as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 2. Any and all conditions to the vacation of the Existing Easement set forth in City Council Resolution No. , a certified copy of which has been recorded in the office of the Registrar of Titles of Hennepin County, Minnesota, have been satisfied. 3. The Existing Easement, together with all terms, conditions and requirements therein contained, is released and terminated. (SIGNATURE PAGE FOLLOWS) 3536362v2 IN WITNESS WHEREOF, the City has executed this Release and Termination of Easement effective as of , 2011. CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Title: Mayor By: Name: Title: City Administrator STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on 2011, by , the Mayor, and by the City Administrator, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by: BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South.8� Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO RELEASE AND TERMINATION OF EASEMENT (Document No. 1032878) 3536362v2 EXHIBIT A Property Property located in Hennepin County, Minnesota, legally described as follows: That part of Lot 31, Auditor's Subdivision No. 218, according to the plat thereof, files of the Registrar of Titles, Hennepin County, Minnesota, bounded by the following described line: Commencing at the southwest corner of the Southeast Quarter of the Northwest Quarter in Section 2, Township 118, Range 21; Thence north along the west line of said Southeast Quarter a distance of 160.29 feet; Thence easterly deflecting to the right 89 degrees, 10 minutes, 30 seconds, a distance of 57.00 feet to the true point of beginning of the line to be described; Thence southerly parallel with the said west line a distance of 10.00 feet; Thence easterly deflecting to the left 90 degrees, 49 minutes, 30 seconds a distance of 89 feet; Thence southerly deflecting to the right 89 degrees, 00 minutes, 00 seconds a distance of 44.00 feet; Thence westerly deflecting to the right 90 degrees, 00 minutes, 00 seconds a distance of 24.00 feet; Thence southerly deflecting to the left 90 degrees, 00 minutes, 00 seconds a distance of 15.00 feet; Thence easterly g degrees, deflectin to the left 90 00 minutes, 00 seconds, a distance of 34.00 feet; Thence northerly deflecting to the left 90 degrees, 00 minutes, 00 seconds, a distance of 59.00 feet; Thence northeasterly deflecting to the right 72 degrees, 30 minutes, 00 seconds 29 feet to a point lying on the boundary between Lot 31 and the right -of -way for Hennepin County Road No. 10; Thence westerly on said boundary line between Lot 31 and the Hennepin County right -of -way to the point of beginning, said line there terminating. A -1 3536362v2 i z� Qj L, O CO RD NO 10 j 11 __ U U C TRAFFIC CONTROL DEVICES AND _ — CURB & GUTTER REVISIONS EASEMENT < e9 I r3r' ,' PER DOC NO 1032878 57.00 POINT LYING ON THE BOUNDARY -BETWEEN LOT 31 AND THE R/W 57.00 , 72 °30' FOR HENN CO RD NO 10 �pOp' , 30.96 90 °49'30" r 89.00 - - - - 29.00 J i O O Z O O O J Z O O J J Lri N d O Q — 0) G Ln a w 1 ` 90 ° , — w 90 Z — 2 , �i - tl7 0) J — N �\ = -34.00 X90° - _ v W LINE OF SE 114 OF i NW 114 OF S 2, T 118, R 21 SW CORNER OF SE 114 OF NW 114 OF S 2, T 118, R 21 i EXHIBIT EASEMENT VACATION Moon Office: 9001 East Bloomington Freeway (35W) •Suite 118 DOC. N0. 1032878 S t j N D E B ton, Minnesota 55420 -3435 952 -881 -2455 (Fox: 952 - 888 -9526) 2010 -040 -E T.118, R.21, 5.02 I.fiND SURVEYING North Office: 2010040E006- ESMT- VAC.dwg www.sunde.com Brooklyn Pork, Minn. 763 - 784 -9346 03/21/2011 MLS i Document No. 1504596 (Trailway Easement) RELEASE AND TERMINATION OF EASEMENT This Release and Termination of Easement is made as of , 2011, by the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the " RECITALS WHEREAS, the property described on Exhibit A hereto ("Property") is subject to an easement for pedestrian and bicycle trailway purposes as set forth in that certain Easement Grant i by and between The Equitable Life Assurance Society of the United States, a New York corporation, as grantor, and the City, as grantee, dated November 8, 1982 and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on March 11, 1983 as Document No. 1504596 (the " Existing Easement "). WHEREAS, the Existing Easement is either unnecessary or has been or will be replaced by a replacement easement granted by Gatlin to the City. To eliminate unnecessary encumbrances on the Property, the City desires to release the Property from and terminate the Existing Easement. WHEREAS, on , 2011, the City adopted a resolution vacating the Existing Easement. WHEREAS, the conditions to the vacation of the Existing Easement set forth in the resolution, if any, have been satisfied. RELEASE AND TERMINATION In consideration of the foregoing, the City agrees as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. i 3549137v4 2. Any and all conditions to the vacation of the Existing Easement set forth in City Council Resolution No. , a certified copy of which has been recorded in the office of the Registrar of Titles of Hennepin County, Minnesota, have been satisfied. 3. The Existing Easement, together with all terms, conditions and requirements therein contained, is released and terminated. (SIGNATURE PAGE FOLLOWS) r 2 3549137v4 IN WITNESS WHEREOF, the City has executed this Release and Termination of Easement effective as of , 2011. CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, successor in interest to Village of Brooklyn Center, a Minnesota municipal corporation By: Name: Tim Willson Title: Mayor By: Name: Cornelius L. Boganey Title: Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011, by Tim Willson, the Mayor, and by Cornelius L. Boganey, the Manager, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by: BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8 th Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO RELEASE AND TERMINATION OF EASEMENT (Document No. 1504596) 3549137v4 EXHIBIT A . Property Property located in Hennepin County, Minnesota, legally described as follows: A portion of Tract F, Registered Land Survey No. 1469, in Section 2, Township 188 North, Range 21 West in Brooklyn Center, Minnesota, and more specifically described as over, across and upon the following described premises: Easement No. IA An easement 12.00 feet wide which lies 6.00 feet on either side of the following described centerline: Commencing at the northeasterly corner of Tract F, Registered Land Survey No. 1469; thence westerly along the north line of Tract F, on an assumed bearing of S 09 °09'08" W, a distance of 153.70 feet to the point of beginning of the line to be described; thence southerly on a bearing of S 7 °18'52" E a distance of 119.10 feet; thence southeasterly on a bearing of S 80 °26'43" E a distance of 28.46 feet, to the easterly line of Tract F, and said line there terminating. Said easement to be lengthened or shortened to terminate on the boundary lines of said Tract F. Easement No. 1B An easement 12.00 feet wide which lies 6.00 feet on either side of the following described • centerline: Commencing at the southeasterly corner of Tract F, Registered Land Survey No. 1469; thence southwesterly on an assumed bearing of S 43 °35' W, a distance of 11.59 feet; thence westerly on a bearing of S 52 1 37'30" W, a distance of 207.34 feet to the point of beginning of the land to be described; thence northerly on a bearing of N 20 °57'32" W, a distance of 205.73 feet; thence northwesterly on a bearing of N 28 °54'34" W a distance of 197.13 feet; thence northerly on a bearing of 23 1 18'35" W a distance of 24.32 feet, to the south line of Tract A, Registered Land Survey No. 1430; thence southwesterly on a bearing of S 63 °30'25" W, along a common line between Tract A and Tract F, a distance of 7.07 feet; thence northwesterly on a bearing of N 23 °34'26" W along a common line between Tract A and Tract F, a distance of 127.58 feet; thence northerly a distance of 81.06 feet along a tangential curve, concave to the southeast, having a radius of 153.50 feet and a central angle of 30 °15'26 "; thence westerly on a bearing of N 80 °26'43" W, a distance of 2.10 feet; thence southerly on a bearing of S 0 °17'35" E, a distance of 49.04 feet; then southerly on a bearing of S 16 °11'35" E, a distance of 32.04 feet; thence southerly on a bearing of S 23 °18'35" E, a distance of 153.74 feet; thence southeasterly on a bearing of S 28 0 54'34" E, a distance of 196.88 feet; then southerly on a bearing of S 20 °57'32" E, a distance of 208.43 feet; then northeasterly on a bearing of N 52 °37'30" E, a distance of 12.51 feet to the point of beginning. Said easement to be lengthened or shortened to terminate on the boundary lines of said Tract F. A -1 35491370 COUNTY RD NO 10 (S89o09'08 "W) NE'L Y CORNER 53.70 0 N89 43' - - OF TRACT F 1 00- � y �` - 6 S - > 9° cr o� LINE OF /9' t-' }' TRACT F (S8 ?64 8 1 6 6- L =81.06 R= 153.50 u 30 ~` - - - . -A =30 °15'26" 00 (N80 0 26'43 "W 2.10) in — N79 19'45 "W 2.15 ��- �. /4 r. (S00 17'35 "W) �: C SOO ° 49'23 "W 49.04 S15 ° 04'37 "E 32.04 a i �/- U (S16 ° 11'35 "E) o� �s r 'rn, �° S� �FtPC cn cp cF, c 6 O OF c^ ; C�3 W u , � ____ _24.32 N22 1'37"W Q (N23 18'35 "W) J o -` -7 rn % L% cs N S44 0 41'59 "W 11.67 -- /-U-) `U° ; - (S43 ° 35'W 11.59) tk 7 j J /1 / T /J Ax / \L_� / vU o 5� P � EXHIBIT Main Office: EASEMENT VACATION ���� 9001 East Bloomington Freeway (35W) • Suite 118 DOC. NO. 1504596 Bloomington, Minnesota 55420 - 3435 LAND SURVEYING 952 -581 -2455 (Fox: 952- 888 -9526) 20:0 -040 - T.118. R.21. 5.02 North Office: 2010040EO06- ESMT- VAC.dwg www.sunde.com Brooklyn Pork, Minn. 763 - 784 -9346 03/21/2011 MLS Document No. 4499430 (Drainage, utility, sidewalk, landscaping easements) PARTIAL RELEASE AND TERMINATION OF EASEMENT This Partial Release and Termination of Easement is made as of , 2011, by the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the " City "). RECITALS WHEREAS, the property described on Exhibit A hereto ( " Property ") is subject to easements for drainage, utility, sidewalk and landscaping purposes as set forth in that certain Easements by and between Brooks Mall Properties, LLC, a Delaware limited liability company, • as grantor, and the City, as grantee, dated May 7, 2008 and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on May 27, 2008 as Document No. 4499430 (the " Existing Easement WHEREAS, a portion of the Property described on Exhibit B and depicted on Exhibit D (and labeled as the " Released Easement "), each attached hereto ( " Released Property ") which is subject to the Existing Easement will be replaced by (i) public easements dedicated in the Plat of SHINGLE CREEK CROSSING, and (ii) a replacement easement to be granted to the City for sidewalk and landscape purposes. To eliminate unnecessary encumbrances on the Property, the City desires to release the Released Property from the Existing Easement. WHEREAS, on , 2011, the City adopted a resolution vacating the portion of the Existing Easement over the Released Property. WHEREAS, the conditions to the vacation of that portion of the Existing Easement over the Released Property set forth in the resolution, if any, have been satisfied. PARTIAL RELEASE AND TERMINATION In consideration of the foregoing, the City agrees as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 35652546 2. Any and all conditions to the vacation of the portion of the Existing Easement over the Released Property set forth in City Council Resolution No. , a certified copy of which has been recorded in the office of the Registrar of Titles of Hennepin County, Minnesota, have been satisfied. 3. The Released Property is hereby released from the Existing Easement. All portions of the property encumbered by the Existing Agreement other than the Released Property shall remain subject to the Existing Easement, including, without limitation, the portion of the Existing Easement described on Exhibit C and depicted on Exhibit D (and labeled as the " Remaining Easement ") hereto. 4. Except as specifically partially released herein, the Existing Easement remains in full force and effect. (SIGNATURE PAGE FOLLOWS) 2 35652546 IN WITNESS WHEREOF, the City has executed this Partial Release and Termination of Easement effective as of , 2011. CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Tim Willson Title: Mayor By: Name: Cornelius L. Boganey Title: Manager STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011 by Tim Willson, the Mayor, and by Cornelius L. Boganey, the Manager, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public SIGNATURE PAGE TO PARTIAL RELEASE AND TERMINATION OF EASEMENT (Document No. 4499430) • 35652546 EXHIBIT A Property Properties located in Hennepin County, Minnesota, legally described as follows: A 10 foot perpetual non - exclusive easement over, under, across and through that part of Registered Land Survey Number 1710 and Registered Land Survey Number 1766, files of the Registrar of Titles in and for Hennepin County, described as follows: Beginning at the Southwest corner of Registered Land Survey Number 1766, files of the Registrar of Titles in and for Hennepin County, Minnesota; thence on an assumed bearing of North 11 degrees 43 minutes 00 seconds West a distance of 577.90 feet; thence northerly and northeasterly along a tangential curve concave to the East, having a central angle of 35 degrees 09 minutes 10 seconds and a radius of 460.94 feet a distance of 282.80 feet; thence North 23 degrees 26 minutes 10 seconds East, tangent to the last described curve, a distance of 694.16 feet, more or less to a boundary corner of Tract A, Registered Land Survey Number 1151; thence South 66 degrees 33 minutes 50 seconds East a distance of 10.00 feet; thence South 23 degrees 26 minutes 10 seconds west a distance of 694.16 feet; thence Southwesterly and Southerly along a tangential curve, concave to the East having a central angle of 35 degrees 09 minutes 10 seconds and a radius of 450.94 a distance of 275.18 feet; thence South 11 degrees 43 minutes 00 seconds East, tangent to the last described curve, a distance of 568.95 feet; thence South 35 degrees 49 minutes 20 seconds West a distance of 13.95 feet more or less to the point of beginning. A 15.5 foot perpetual non - exclusive easement over, under, across and through all that part of Registered Land Survey Number 1766, files of the Registrar of Titles in and for Hennepin County, Minnesota described as follows: Beginning at the Southwest corner of Registered Land Survey Number 1766, files of the Registrar of Titles, in and for Hennepin County, Minnesota; thence on an assumed bearing of South 78 degrees 17 minutes 00 seconds West a distance of 15.50 feet; thence North 11 degrees 43 minutes 00 seconds West a distance of 577.90 feet; thence Northerly and Northeasterly along a tangential curve concave to the East, having a central angle of 35 degrees 09 minutes 10 seconds and a radius 476.44 feet a distance of 292.31 feet; thence North 23 degrees 26 minutes 09 seconds East, tangent to the last described curve, a distance of 306.70 feet; thence South 66 degrees 33 minutes 50 seconds East a distance of 15.50 feet, more or less to a boundary corner of Tract A, Registered Land Survey Number 1710; thence South 23 degrees 26 minutes 09 seconds West a distance of 306.71 feet; thence Southwesterly and Southerly along a tangential curve, concave to the East, having a central angle of 35 degrees 09 minutes 10 seconds and a radius of 460.94 feet a distance of 282.80 feet; thence South 11 degrees 43 minutes 00 seconds East, tangent to the last described curve a distance of 577.90 feet more or less, to the point of beginning. A -1 35652546 EXHIBIT B Released Property Property located in Hennepin County, Minnesota, legally described as follows: A 10 foot perpetual non - exclusive easement over, under, across and through that part of Registered Land Survey Number 1710 and Registered Land Survey Number 1766, files of the Registrar of Titles in and for Hennepin County, described as follows: Beginning at the Southwest corner of Registered Land Survey Number 1766, files of the Registrar of Titles in and for Hennepin County, Minnesota; thence on an assumed bearing of North 11 degrees 43 minutes 00 seconds West a distance of 577.90 feet; thence northerly and northeasterly along a tangential curve concave to the East, having a central angle of 35 degrees 09 minutes 10 seconds and a radius of 460.94 feet a distance of 282.80 feet; thence North 23 degrees 26 minutes 10 seconds East, tangent to the last described curve, a distance of 694.16 feet, more or less to a boundary corner of Tract A, Registered Land Survey Number 1151; thence South 66 degrees 33 minutes 50 seconds East a distance of 10.00 feet; thence South 23 degrees 26 minutes 10 seconds west a distance of 694.16 feet; thence Southwesterly and Southerly along a tangential curve, concave to the East having a central angle of 35 degrees 09 minutes 10 seconds and a radius of 450.94 a distance of 275.18 feet; thence South 11 degrees 43 minutes 00 seconds • East, tangent to the last described curve, a distance of 568.95 feet; thence South 35 degrees 49 minutes 20 seconds West a distance of 13.95 feet more or less to the point of beginning. B -1 35652546 EXHIBIT C Non - Released Property Property located in Hennepin County, Minnesota, legally described as follows: A 15.5 foot perpetual non - exclusive easement over, under, across and through all that part of Registered Land Survey Number 1766, files of the Registrar of Titles in and for Hennepin County, Minnesota described as follows: Beginning at the Southwest corner of Registered Land Survey Number 1766, files of the Registrar of Titles, in and for Hennepin County, Minnesota; thence on an assumed bearing of South 78 degrees 17 minutes 00 seconds West a distance of 15.50 feet; thence North 11 degrees 43 minutes 00 seconds West a distance of 577.90 feet; thence Northerly and Northeasterly along a tangential curve concave to the East, having a central angle of 35 degrees 09 minutes 10 seconds and a radius 476.44 feet a distance of 292.31 feet; thence North 23 degrees 26 minutes 09 seconds East, tangent to the last described curve, a distance of 306.70 feet; thence South 66 degrees 33 minutes 50 seconds East a distance of 15.50 feet, more or less to a boundary corner of Tract A, Registered Land Survey Number 1710; thence South 23 degrees 26 minutes 09 seconds West a distance of 306.71 feet; thence Southwesterly and Southerly along a tangential curve, concave to the East, having a central angle of 35 degrees 09 minutes 10 seconds and a radius of 460.94 feet a distance of 282.80 feet; thence South 11 degrees 43 minutes 00 seconds East, tangent to the last described curve a distance of 577.90 feet more or less, to the point of beginning. C -1 35652546 S66 �_______� _ S 0 00 /00.00 _ ' 00 2m Cr � J (' S03350% \I C _ � ' /V, \ V 5 V h L, ti � \ 0 100 200 m°za r mp�am IJ SCALE IN FEET C� tm 4: o .6 1 �Zn U � � T� V i0 tP 10 � A SE LINE OF LOT 3 ' l5-5 T S35 ° 49'20 "W � - -- 13.95 SUNDE 9 Moin Office: SW CORNER OF LOT 3 9001 East lo in Freewoy (35W) ° Suite I IS BE ton, Minnesota 55420 -3435 S78 ° �7���pv�a� 952 -881 -2455 (Fax: 952- 888 -9526) 17'00 "W r7 15.50 LAND aSURVEYV G North Office: www.sunde.com Brooklyn Park, Minn. 763 - 784 -9346 A 1 ir - n V� 2010 - 040 - 912/06 , T. 118, R21, 5.02 file: 2010040E015- VAC4499430. dwg Sheet: 1 Of 1 MLS 05/19/2011 Document No. 1838664 (Water Main Easement and Maintenance) RELEASE AND TERMINATION OF EASEMENT GRANT AND MAINTENANCE AGREEMENT This Release and Termination of Easement Grant and Maintenance Agreement is made as of , 2011, by the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the " City "). RECITALS WHEREAS, the property described on Exhibit A hereto ( " Property ") is subject to that certain Easement Grant and Maintenance Agreement by and between Equitable Real Estate Shopping Centers, L.P., a Delaware limited partnership, as grantor, and the City, as grantee, dated May 28, 1987 and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on June 5, 1987 as Document No. 1838664 (the " Existing Agreement "). WHEREAS, the Existing Agreement is being replaced with a new agreement in favor of S the City. To eliminate unnecessary encumbrances on the Property, the City desires to release the Property from and terminate the Existing Agreement. WHEREAS, on , 2011, the City adopted a resolution vacating the Existing Agreement. WHEREAS, the conditions to the vacation of the Existing Agreement set forth in the Resolution, if any, have been satisfied. RELEASE AND TERMINATION In consideration of the foregoing, the City agrees as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 2. Any and all conditions to the vacation of the Existing Agreement set forth in City Council Resolution No. , a certified copy of which has been recorded in the office of the Registrar of Titles of Hennepin County, Minnesota, have been satisfied. 3. The Existing Agreement, together with all terms, conditions, restrictions and requirements therein contained, is released and terminated. SIGNATURE PAGE FOLLOWS] 35498200 IN WITNESS WHEREOF, the City has executed this Release and Termination of Easement Grant and Maintenance Agreement, effective as of , 2011. CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, successor in interest to Village of Brooklyn Center, a Minnesota municipal corporation By: Name: Tim Willson Title: Mayor By: Name: Cornelius L. Boganey Title: Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011, by Tim Willson, the Mayor, and by Cornelius L. Boganey, the Manager, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by: BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8"' Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO RELEASE AND TERMINATION OF EXISTING EASEMENT GRANT AND MAINTENANCE AGREEMENT (Document No. 1838664) 35498200 EXHIBIT A Property Property located in Hennepin County, Minnesota, legally described as follows: That part of Tract B, Registered Land Survey No. 1430 described as being twenty (2 0) feet in width lying ten (10) feet on either side of the following described line: Beginning at a point on the Southeasterly boundary line of said Tract B, at its intersection with a line drawn 20 feet Northeasterly of and perpendicular with the Southwesterly boundary line of said Tract B, thence North 28 degrees 11 minutes 07 seconds West parallel with the Southwesterly line of said Tract B, a distance of 592.12 feet, thence deflect to the right 26 degrees 58 minutes 00 seconds to the intersection with the Northerly line of said Tract B and there terminating. i A -1 35498200 COUNTY RD NO 10 N LINE OF TRACT B 20 Tj J A A A J► ' o v& Q) / `t.: lJ oo p U J W ` rn � - r - E) /1 T A � �Z rn� V U 20 P� Cad P 5 EXHIBIT EASEMENT VACATION JIS UNDE Main Office: 9001 East Bloomington Freeway (35W) •Suite 118 DOC. NO. 1838664 Bloomington, Minnesota 55420 -3435 952 -881 -2455 (Fox: 952- 888 -9526) 2010 -040 -E T.118• R.21, S.02 LAND SURVEYING North Office: 2010040E006— ESMT— VAC.dwg www.sunde.com Brooklyn Park, Minn. 763 - 784 -9346 03/21/2011 MLS Document No. 1876647 (Utility and Storm Drainage Easement and Maintenance ) RELEASE AND TERMINATION OF EASEMENT AND AGREEMENT FOR MAINTENANCE AND INSPECTION This Release and Termination of Easement and Agreement for Maintenance and Inspection is made as of , 2011, by the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the "City"). RECITALS WHEREAS, the property described on Exhibit A hereto ( "Pro er ") is subject to that certain Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems by and between Federated Department Stores, Inc., a Delaware corporation, as tenant, Equitable Real Estate Shopping Centers, L.P., a Delaware limited partnership, as owner, and the City, as grantee, dated August 31, 1987 and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on October 2, 1987 as Document No. 1876647 (the "Existin • Easement and Agreement "). WHEREAS, under the Existing Easement and Agreement, the City was granted the right to access the Property for purposes of inspection, repair and maintenance of the water and sewer systems on the Property and was granted certain drainage and utility easements. WHEREAS, in connection with an amendment -to the Planned Unit Development zoning for the Property and other property, the City has required or will require that the owner of the Property execute and record a Declaration of Covenants and Restrictions, which will grant the City the inspection, maintenance and repair rights the City desires. WHEREAS, the drainage and utility easements set forth in the Existing Easement and Agreement are either unnecessary or have been or will be replaced by public easements dedicated in the Plat of SHINGLE CREEK CROSSING. To eliminate unnecessary encumbrances on the Property, the City desires to release the Property from and to terminate the Existing Easement and Agreement. WHEREAS, on , 2011, the City adopted a resolution vacating the drainage and utility easements set forth in the Existing Easement and Agreement. . WHEREAS, the conditions to the vacation of the drainage and utility easements set forth in the Existing Easement and Agreement set forth in the resolution, if any, have been satisfied. 3569675v2 RELEASE AND TERMINATION In consideration of the foregoing, the City agrees as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 2. Any and all conditions to the vacation of the drainage and utility easement set forth in the Existing Easement and Agreement set forth in the City Council Resolution No. , a certified copy of which has been recorded in the office of the Registrar of Titles of Hennepin County, Minnesota, have been satisfied. 3. The Existin g Agreement, Easement and together with all terms, conditions and requirements therein contained, is released and terminated. [SIGNATURE PAGE FOLLOWS] • r 2 3569675v2 a IN WITNESS WHEREOF, the City has executed this Release and Termination of Easement and Agreement for Maintenance and Inspection effective as of , 2011. CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, successor in interest to Village of Brooklyn Center, a Minnesota municipal corporation By: Name: Tim Willson Title: Mayor By: Name: Cornelius L. Boganey Title: Manager STATE OF MINNESOTA ) ss. • COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011, by Tim Willson, the Mayor, and by Cornelius L. Boganey, the Manager, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by: BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8 Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO RELEASE AND TERMINATION OF EASEMENT AND AGREEMENT FOR • MAINTENANCE AND INSPECTION (Document No. 1876647) 3569675 EXHIBIT A Property Property located in Hennepin County, Minnesota, legally described as follows: Tract B, REGISTERED LAND SURVEY NO. 1614, on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota. A -1 3569675v2 I •�I n /v; L / C.V I COUNTY RD NO 10 (S30 47 - 00 - W) I S31'53'58' W -• ::;• 78.26 (N82'30 '56 "W NE CORNER N81'23 "W TRACT B, /24.88 RLS 1614 / 935 (NN315 3 . 8'E.,•, „'• - \ (859'13'00 "E) p Op g3 40.00 .................. ...............I i ,, : 90.00 558 N \3 •k8 N58'O6'02 "W 90. w) • ,40.00 531'53'58 "w (N59'f3' 00 "W) "`'-- .,_ ••'•,' (530'47'00 "W) POND "A" y __ PONDING EASEMENT PER � p• /- r�� r r; DOC NO 1876647 .,_26.00 N27'04'09 "W �;, o, i • %.: li (N28 1'07"W) Q�Q�rDb a•� — TRACT Ely CORNER `�� ` � q3 TRACT A, RL TI430 = MOST S'LY CORNER__ m in / ' - p 3 � .y9 T O� TRACT A. RLS 1430'_`-.. � •..56 1 (518'03'47 "E) „...-- •••• -- S16'56'49 "E 50.00 (N56'S8 ,) WJ V / / `r Q I (529'35'52 "E) ............. * : - i t � _��� NSa V 528'28'54 "E 20.54 "r• ' / ry a,23 "W I (526'29'35 "E) '37 "W _...::::� - ... :':.:(N28• ?9'35 / S25'22'37 "E 40.00 �`a '•3B0 W) A /, r A `q; P `o J •'c L T S. `0' / ' 01 \` r i\/� v I rt w ,s�a• o' •,••• �,�,+r� 0 i",p p C �2 I 7 7 A ! POND „D„ sty P // 0 , 6 PONDING C14 v �+ "•EASEMENT PER D NO / 1876647 7 II LJ/ A //-) I / I\L IV l./ Q I / V) I ZLJ A / /lriv/ V JI . A n / I / /\L.+..i /Vl/ / `hell EXHIBIT EASEMENT VACATION 900) Main Office: DOC. NO. 1876647 900! East Bloomington , Freeway (350) • Suite 118 Bloomin gtoton, Minnesota 55420 -3435 2010 - 040 - E T.118, R.21, S.02 LAND SURVEYING 952-881-24 North fce: 888 -9526) 2010040EO06 ESMT VAC.dwg www.sunde.com Brooklyn Pork, Minn. 763 - 784 -9346 03/21/2011 MLS OIL*ir K, ` F y.�ji`•V`�G�♦ N_M-j'1, ►fit ��p"� iif� tye I Az it L SHINGLE CREEK CROSSING SHINGLE CREEK CROSSING Item 8a. Public Hearing Partial Release of & Release and Termination of Easements Regular City Council Meeting: May 23, 2011 ----------- oil I, 44!! Al rrl rrl t 49 ♦ Lr) ---- --------------------------- ----------\�/ 1 "o L,L ppp gP C) z m z o a E n_ bit BROOKLYN CENTER,MN I In CI SHINGLE CREEK CROSSING EASEMENT VACATION I-- - EXHIBIT SHINGLE CREEK —� CROSSING Uf1f YL/l In,l�i s�� p �tx ff W iri Ann c��.iiaR . nUU .. -�Y 7 COME�il4EZ ei RCS l.D °77P W--Z -MC Partial Release of s,g � - Easement (for snow 7RRACt1�s �Sj° fence rights u po n �� ��l�-� aXfOV 4• 1�1-�CJ'i•�� � , i acent adjacent 1n ri 1 7781!.7 D as T RA Doc. No. 720378 MWArol as Rig CL1 4 Terminated - No future �,L� W U-- n fence `� TR�J n eed for w s o L� rights on adjoining � n n property to Xerxes - Ave n u e - EXHIBIT main Officei OOOI Eoat Blrnhgton Frgww J% •sult o IB DOC. N0. 720378 l V a L elaingto Ml—k.56+20-3435 EASEMENT VACATION ue—eel-2496(F— s2-eee-26 )IAVDSUliSYN EDIQ000.E i.l la R21,7D2 North Offoe: ?DIOD44E009-E3MT-VArdw wrrwE.n undw.o BrnoLJr Pork, Ml— 78.3-786-9346 01/el/MII NLS SHINGLE CREEK CROSSING �~ M r F A a 1�4 N VE ff MACT 0 W 1112 N+1. f ,j flJy B IINE 0E W W'.. �t `� BITE Release and Termination -�1La �:;\\MR 4 tI i NE q•AV!/Y �0 � P irngln P �L LL of Easement (sanitary �`y �l A t sewer easement PVC W gra nt a Doc. No. 802984 �'` n�rO New D&U easement a dedicated on Final Plat lYV�r�/ ! TR„ C ; I+c'a19 EXHIBIT r �gLun Off cB: EASEMENT VACATION JISUNDE p001EaotBloemhgtanFnBBe�(J5W1•s�ltolia DOC. N0. 802984 810 ingtw, Min-W ss'_Et—"M IAAWSU1�YlYlAT[" s82—eat-2456 —988—oeae) 2DIG-OCQE T.II,"I,7D2 031 WIODU-EW—VAC.d WWW.wnda.00M BrnaiJym Port, Minn. 783^78--934B 03/21/1011 MLS SHINGLE CREEK COWrY AD NO A9 CROSSING as°1�'a1" Release and Termination _ W t1HE OF SE I, 21 NW I/4 OF S 2, T II& R 21 of Easement (sanitary SW CORNER OF SE I/4 OF NW 1/4 OF S 2, T 118. R 21 sewer easement grant) By •S 5� Doc. No. 964588 D&U easement r LJ R Fi r n 1 f 1 T'I v 1 n \ �'^r►f 48'I�'Ig" r�nr�r n r ftn.r r n �;ll A Jfl 1 1 L_ .� r v V dedicated on Final Plat \ `J1 ' " '�` 11L_� 7 fir' and separate \ g t t temporary sanitary sewer easement EXHIBIT nl°m otnr.; EASEMENT VACATION c�j n�/ 0001 E°4t BIo°rnhgt°n Frm"� (J5A'D•s°Ito Ila DOC. 964588 iJ V N�JS-/ el°° inwt-, M'"ns952 del 2455 gegranted (h ) e°i0.om-E r_i i6 xsi,e.ox �ND.SUR��� North Office _ w wwr ndw.00m R-Our Pork, Mlnn. 783 —934B VAG 7BlOD/m II W S AI 73J21/L011 ML8 SHINGLE CREEK a � CROSSING Release and Termination �r LL of Easement (traffic CORD NO�v 1 lf.� / V II control and curb and li 4mc GYSV7RO_1 e7El/L1rS,4W W -- =—OLRO&rxTM?RETrVMT Fr45F&ENr •E�1'II'JI' r'r`r PER DW W 10"76 ` 57.00 POINT LYING ON THE BOUNDARY ` -BETWEEN LOT 31 AND THE R/W gutter) 57.06 ' 7f �.•$' FOR HENN CO RD NO 10 a Doc. No. 1032878 M:3C T I W� New right-of-way 9. �VW f4'Cdh�Ll�SE 1!�Q� � � dedicated on Final Plat CORFEq r,4(r r EXHIBIT mam ofn�., EASEMENT VACATION JISUNDE 0001 E aa(B1wnh Lm Fnway(JSWf•Sulks 116 DOC. NO. 1 032878 01_mQrt_ "''""°'°L°ss'za'a35 I 462—W-26fifi(Fm 462-6✓l6-26M) ewo-aaa-e T_111k"I.9.0¢ North Office: 2D1000E00fl-ElMT—VAGdw ww wAundw-own B wkly. Pork, MI 7 63-7819 3 8 6 13/21/2011 MLS SHINGLE CREEK C00frr RD AV 10 CROSSING (SE9l09'08'W} GF F G1a9+1F17 Nas•43'54'W r �T7,ACr F 153.79 Y�.a`tr-6 Release and Termination .�� ���; / `~TRACT r��s�d�e�L L=81.Ofi R=153.5f1 1+� t­30'15 26' g of Easement (N 79nI 43'W 2.10) _ N79'19'45"W 2.15 {500'17'35'W Cdr �' n rn f 4L_.: t vv and SEIO'A9'23"w A35" 1 c ( pedestrian 515°04'37"E 32.04,_;_r_(SIB°11'35"E) s"01 trailway) LP �, _ \ 24.32 N22'1 1'37"W {N23118'35"W} Doc. No. 1504596 New separate p� permanent and `� •��` 544'41'S9'W 11.59) r j n rs r n r fti temporary trail ^ nrn r t c_J r h 5 s 5 r ✓ ! `f .`ya easements granted EXHIBIT Mom Office: EASEMENT 15045 VACATION f(SUNDE p001 l mgr t h Mi Fawn54213- 435 11a DOC. N 0. 1504596 aa���sv��N� el_�n�a, Mlnn.wm_ss+so-aaas sots-om-e r_I I1k xsl,SM ND'SUArT6itl�a! -24 Nor-kh _BEE-9fi96} 2610D40E666-EWI-VAGdw wwwrsundw.oam BrmNyn Pork, Mlnn. 763r?Bb^83b6 4W'e I/"II MLS SBB',J35D E,� __ Sfi6'33'90'E i ,ia.00 SHINGLE CREEK ,�°°� "-- o CROSSING , tJ Partial Release and ��✓ tFa/.0 Termination of Easement (drainage utility, sidewalk, and landscape purposes) _IQ Doc. No. 4499430 -,o New D&U easement ry �•rl > �` +,` C 100 zoo dedicated on Final Plat Lr, (J) it �8� �;V SCALE IN FEET ? N 7 and separate _ `S u �a 1 Ji v sidewalk/landscape "' li 4 �p,'�� ••60'" I�F9� r o a se 11W OF Lor a easement granted 5 T I 336.46'RO'W IJ.99 SUNDE N SW CORNER R'LOT J 5pol�ao�iMpM—0"--I35W)•luBe II9 373'1700W s esz- -��ae BB Y 21S Fes:BSR-d�95ZB 15.90 L4RDSURYSYDVG nl°n�one rw�.mn aen,Mme.yea-ree-e;ae 1 Of 1 n��v�� � �o/i•/]q ub �•��IIAI,em art20100P0EOlJ-VAC0499I31Rwy I I i CREEK S H I ICI CLE COUVTY RD W 10 CROSSING ; -t-�•� Release and Termination � � '--TRACT BF of Easement and Agreement t�� � ,nr-I,,, r-I fit- IVo (watermain ) °r„v . N . 1 8664 Doc o 83 , New D&U easement dedicated on Final Plat / P P / EXHIBIT '!"� Maln Offing: EASEMENT VACATION �� �■J/1/��J 0001 Eact BI«rnhgWn Lu (J5W)•suito iia DOC. NO. 1838664 ��avaar�r 01—ino— �+n��ta ss42o-3435 eol�-oao-e 18,"1,9.D2 ��.SURVEY tV 9.5"-8a1-2 North CfCC-eeE-96ffi) 2DI0D1UCnDA{ydT-VAadw 7MUrwr•wnd�•ao�n BrnaNyn Park, M1 n. 7B.3-78d-83d6 01/21/2011 NLS SHINGLE CREEK r CROSSING 1.0,' __J Release and Termination — ----- cvuvrAa tinIV Inl.p rw Tp LCRa • R F"N N �m � of Easement and �. T reroe�1a i ebtiay u IJDRR Z Agreement ( utility and i =1.7= a �-- n v f /r P-61 ' storm drainage >rs mrmi.•e,ai / J �vn'C ■ systems) rPOMVIO v Doc. N o. 1876647 k:J I � � I'fil•L 7 / � N ew se pa rate ove ra I I property easement and agreement granted as part of EXHIBIT Mom offlca; Subdivision EASEMENT 18766 7 S ND p001 Eact B yrt_gWim —L. 5+215— 435 i is DOC. X10. 1876647 LAND V s�a.av:L�r eiDD„x-24 MID,,.. *62—Mfi—aaas SURVE tftV _M1-p NDr hh aff� :-eee-25M) ZDIa DOD�E 7.114"I.an 2DIOD/UEDDB�TT-VAC.d.v www.MbE1dw.0017M 11rndJya P.6, Minn. 70.1-?&1-11346 Agreement DW2I'boII "LS i i SHINGLE CREEK CROSSING Easement Vacations Requested Council Action : • Motion to open Public Hearing • Motion to take public input • Motion to close Public Hearing • Motion to adopt Resolution Vacation of easements are contingent upon : 1. Release and filing of Final Plat 2. Execution and filing of rededicated easements 3 Execution and filing of subdivision agreement Item 8a. Public Hearing Partial Release of & Release and Termination of Easements Regular City Council Meeting: May 23, 2011 City Council Agenda Item No. 8b i • COUNCIL ITEM MEMORANDUM DATE: May 12, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: A Transitory Ordinance Relating to the Regulation of Signs; Adding New Brooklyn Center City Code, Section 34- 140.2.p Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of A Transitory Ordinance Relating to the Regulation of Signs; Adding New Brooklyn Center City Code, Section 34- 140.2.p. Background: At its April 25, 2011, meeting the Brooklyn Center City Council approved first reading of a Transitory Ordinance Relating to the Regulation of Signs; Adding New Brooklyn Center City Code, Section 34- 140.2.p. Attached are the materials provided at the April 25, 2011, meeting and the ordinance amendment as it was approved at first reading. The second reading and Public Hearing are scheduled for this evening. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on May 5, 2011. If adopted, effective date will be July 2, 2011; the ordinance will expire and be automatically repealed at 11:59 p.m. on December 31, 2011. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe and secure community 3. We will stabilize and improve residential neighborhoods Mission Ensuring an aaltructive, eleau, safe community aunt enhances the quality of life and preserves ves the publie trust CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 23rd day of May 2011, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider a transitory ordinance relating to the regulation of signs; adding new Brooklyn Center City code, section 34- 140.2.p. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. A TRANSITORY ORDINANCE RELATING TO THE REGULATION OF SIGNS; ADDING NEW BROOKLYN CENTER CITY CODE, SECTION 34- 140.2.p. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Statement of Pur2ose. Brooklyn Center was incorporated as the Village of Brooklyn Center on February 14 1911. Therefore, the year 2011 marks the 100 anniversary of the City. The year 2011 has been designated as the Centennial Celebration for the City as an official civic celebration The City Council finds that it is a ublic purpose and in the interest of the City and its citizens to support the City's Centennial Celebration to build civic and community pride to provide wholesome family recreational activities and to promote the City for purposes of economic development and reinvestment in the community. The City Council further finds that it is in the public interest to inform the public of the existence of the Centennial Celebration to advertise its various events and to promote attendance and ap rticipation by the erection and maintenance of signs and banners on up blic property. Section 2. Brooklyn Center City Code, Section 34 -140 is amended by adding new paragraph 2. p. as follows: P. signs erected on City property by or under the authority of the City Manager that inform the public of the various events conducted as part of the City's Centennial Celebration and promote the Centennial Celebration. Section 3. This Ordinance shall expire and be automatically repealed at 11:59 p.m. on December 31, 2011. Section 4. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. ORDINANCE NO. Adopted this day of 2011. Mayor ATTEST: City Clerk Date of Publication: Effective Date: ( lfik -e t indicates matter to be deleted, underline indicates new matter.) COUNCIL ITEM MEMORANDUM DATE: April 25, 2011 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, City Manager /Director of Building & Community Standards SUBJECT: A Transitory Ordinance Relating to the Regulation of Signs; Adding New Brooklyn Center City Code, Section 34- 140.2.p Recommendation: It is recommended that the City Council consider approval /adoption of A Transitory Ordinance Relating to the Regulation of Signs; Adding New Brooklyn Center City Code, Section 34- 140.2.p Background: Brooklyn Center was incorporated as the Village of Brooklyn Center on February 14, 1911. Therefore, the year 2011 marks the 100 anniversary of the City. The year 2011 has been designated as the Centennial Celebration for the City as an official civic celebration. Events and activities are scheduled throughout the year as part of the celebration. The Centennial Committee oals of the City's Centennial Celebration are to build civic and g Y community pride, to provide wholesome family recreational activities and to promote the City for purposes of economic development and reinvestment in the community. In order to foster these goals, it is important to inform the public of the existence of the Centennial Celebration, to advertise its various events and to promote attendance and participation by the erection and maintenance of signs and banners on public property. Therefore, a transitory sign ordinance amendment is drafted for your consideration to allow certain signs to be placed on City property under the authority of the City Manager. If adopted, it would be effective for through 2011 and would apply to Centennial Celebration Events. It would automatically repeal on December 31, 2011. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders Mission Ensuring an attractive, clean, safe community that enhances the quality of life and preserves. the public trust • City Council Agenda Item No. 9a • COUNCIL ITEM MEMORANDUM DATE: May 18, 2011 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialises THROUGH: Gary Eitel, Director of Business and Development AL, SUBJECT: Planning Commission Application No. 2011 -009 (1108 Brookdale Center — Planned Unit Development /Site and Building Plan Approval) Recommendation: It is recommended that the City Council, following consideration of this matter, approve the Resolution Regarding the Disposition of Planning Commission Application No. 2011 -009 Submitted by Loren Van Der Slik for Planned Unit Development /Site and Building Plan approval for redevelopment of Brookdale Center to be known as Shingle Creek Crossing. Background: On April 28, 2011 the Planning Commission conducted a public hearing on Planning Commission Application No. 2011 -009 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, for Planned Unit Development/Site and Building Plan approval for the . Brookdale Mall properties to be known as Shingle Creek Crossing. Planning staff presented the full PUD development layout of the site, including overall master plan, concept plans, landscaping, lighting, signage and other related plans, plus the site and building plans for the new Walmart and Phase I improvements. The Planning Commission recommended that a pedestrian walkway along the north side of the east /west access road be installed, plus additional landscaping islands within the Walmart parking area. The plans submitted for this consideration (and attached hereto) are illustrated with these additional improvements. The Shingle Creek Watershed Management Commission also requested as part of their approvals additional infiltration (mitigation) methods or structures. The PUD site has now incorporated a number of rain - garden basins (five) throughout the site, which are illustrated on the conceptual site development plans. Upon full consideration and completion of the public hearing, the Commission adopted Planning Commission Resolution No. 2011- 07approving the Planned Unit Development and the Site and Building Plan with certain findings and conditions. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2011 -009, an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of . this matter and other supporting documents included in this review. Alission: Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans. 9 • 1lissiatt: Ensuriikq an attractive, clean, safe community that enhances the qualdlti' of life and preserves the public trust Application Filed on March 24, 2011 City Council Action Should Be Taken By May, 23, 2011 (60 Days) Planning Commission Information Sheet Application No. 2011 -009 - Applicant: Loren Van Der Slik p Location: 1108 Brookdale Center Request: Shingle Creek Crossing - Planned Unit Development and Site and Building Plan Review INTRODUCTION The applicant, Loren Van Der Slik for Gatlin Development Company, is seeking a Planned Unit Development to allow the following changes to the original Brookdale redevelopment plan: 1. The demolition of approximately 760,000 sq. ft of the mall including the former JC Penney's, Mervyn's, Macy's and Midas stores. 2. The renovation of approximately 123,242 sq. ft. of the mall located north of Sears with architectural changes to provide exterior identity and access while maintaining an indoor mall component. ® 3. The planned development of a 402,489 sq. ft. community shopping center /town center that includes a major anchor retailer with groceries, three junior box retailers, six restaurant pad sites, and four multi -tenant retail /service buildings. 4. The day - lighting of Shingle Creek and enhancements to on -site storm water management, landscaping and lighting. This item is being presented for consideration under a public hearing process. The public hearing notices have been duly published, with same notices given to the Planning Commission for consideration and mailed to the surrounding property owners. ' BACKGROUND On February 17, 2011, the Planning Commission conducted a public hearing on Planning Commission Application No. 2011 -003 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, for a Planned Unit Development Amendment to the Brookdale C- 2/PUD, to be known as Shingle Creek Crossing. At that time the Commission directed the preparation of a resolution approving the proposed amendment with the appropriate findings and conditions. The resolution was intended to be presented at the March 3, 2011 meeting, however, due to a lack of quorum this item was postponed until a special meeting on March 10, 2011. At said meeting, the Planning Commission unanimously adopted a resolution recommending approval of PC 04 -28 -11 Page 1 the application for a Planned Unit Development Amendment to the 1999 Brookdale C -2 /PUD, (Planning Commission Application No. 2011 -003). On March 14, 2011, the City Council accepted the Planning Commission recommendation and authorized the City Attorney to prepare the resolution and PUD development agreement for Application No. 2011 -03 submitted by Loren Van Der Slik for PUD Amendment approval to the Brookdale C -2 /PUD. On March 17, 2011, the Planning Commission reviewed Application No. 2011 -004 the Preliminary Plat for Shingle Creek Crossing, which would replat the existing Brookdale properties into four lots and two outlots to facilitate Phase I of the Shingle Creek Crossing PUD. This plat would exclude the existing Sears, Midas and Kohl's parcels. The Planning Commission also reviewed said Phase I development plan consisting primarily of the Walmart store development, access roads, walkways, . streetscaping and lighting, along with the Architectural Design Guidelines that would govern this PUD site. The public hearing on the plat was opened and closed (without any public comments), and a secondary motion made to table this plat to the March 31, 2011 meeting to allow city staff to address a number of concerns with the a licant. « The Architectural ral Guidelines and Phase I items were provided under a general presentation by the applicant, with minimal recommendations or concerns raised by the Planning Commission. On March 22, 2011, representatives from Gatlin Development (Developer) Capmark Financial . (property owners), Sears and city staff met to discuss on -going issues related to the site. The Developer agreed to postpone the March 31, 2011 Planning Commission meeting for final review of the Preliminary Plat of Shingle Creek Crossing. Subsequent to this meeting, the Developer informed staff that the Midas parcel was secured for acquisition and would now be included in the PUD and plat. The Developer further agreed to withdraw the original Planning Commission Application No. 2011 -03 (PUD Amendment), No. 2011 -004 (Preliminary Plat) and No. 2011 -005 (Site and Building Plan). At the March 31, 2011 Planning Commission meeting, staff informed the Commission that the applications noted above have been officially withdrawn by the Applicant/Developer. This report and related attachments reflects the new Planning Commission Application No. 2011 -008 (Preliminary Plat of Shingle Creek Crossing) and No. 2011 -009 (Planned Unit Development and Site & Building Plan). Please note No. 2011 -009 is not an application for PUD Amendment to the 1999 Brookdale C- 2/PUD; moreover this is a new and separate Planned Unit Development of its own accord and the proposed Shingle Creek Crossing properties. The following section of this report will provide a detail of the new changes in the Shingle Creek PUD Plan and related issues identified by staff. PC 04 -28 -11 Page 2 ZONING The underlying zoning classification is C -2 (Commerce) District and is within the Central Commerce Overlay District. As previously noted, the current zoning is PUD /C -2 and this.is a plan amendment to portions of the 1999 PUD plans. The new PUD provisions would apply to the new Shingle Creek Crossing Development and the existing PUD - provisions would continue to apply to the Sears and Kohl's sites. COMPREHENSIVE PLAN The Brookdale Mall properties are identified as "Primary Mixed Use Redevelopment" with Retail Business and the Central Commerce Overlay District identified as a multi use area that could support future opportunities for housing, office /service, retail business, and public & semi- public uses.,. PLANNED UNIT DEVELOPMENT PROVISIONS Section 35 -355 Planned Unit Development, Subd. 5 Application and Review, Para. a Implementation of a PUD shall be controlled by the development plan. The development plan may -be approved or disapproved by the City Council after evaluation by the Planning Commission. Para c. of this section identifies that the following criteria is considered in the initial creation of the PUD and consequently should be considered in subsequent changes to the PUD: 1. Compatibility of the plan with the standards, purposes and intent of this.section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. PLANNED UNIT DEVELOPMENT (REVISIONS) City staff has identified the following changes to the updated PUD Site Plans from the previous March 2011 plans: 1) Significant changes have been made to the Wal -Mart store site. The building is revised from the original 152,036 sf. to 181,943 sf. store space. The lot size has also been increased from 15.48 acres to a new 18.05 acre lot. 2) Bldg. A is enlarged from a 6,033 sf. to an 8,500 sf. restaurant pad. 3) Bldg. B, preliminarily identified as a "bank site" is revised to include a new drive through service and lanes and enlarged from 7,700 sf. to 9,100 sf. 4) Bldg. C is reduced from a 14,490 sf. retail with drive -thru lane to a 12,225 sf. retail site. PC 04 -28 -11 Page 3 5) Bldg. E site revised from 7,885 sf. to 7,890 sf. restaurant pad, with a patio area identified. 6) Bldg. F retail building site is revised from 10,905 sf. to 14,000 sf.. 7) The former 45,020 sf. multi - tenant retail building (G, H, I & J) has: been- disassembled and platted into three separate lots with the following individual buildings: a. the 1.2 acre Midas site has been added to the PUD and replaced with a 45,000 sf. retail building, labeled G; b. Bldg. H is added as a new 11,200 sf. retail site; c. Bldg. I has been eliminated; and d. Bldg. J is revised from a 8,400 sf. restaurant use to a retail site (note: due to the parking allotted to this site inside the platted lot lines). 8) Bldg. K is revised from 10,735 sf. to 11,410 sf. of retail. 9) Bldg. L remains unchanged as a 10,920 sf. retail site;. 10) Bldg. M remains unchanged 7,475 sf. of restaurant. 11) Bldg. N is significantly reduced from 53,850 sf. to 21,515 sf. retail site. 12) Bldg. P has been revised from 31,205 sf. to 29,510 sf. of retail. 13) . Bldg. Q remains the same at 35,680 sf. of retail. STAFF ANALYSIS & COMMENTS (PUD) Staff continues to work with the Developer's consultants and development team on adjustments and refinements to various components of the development plans. Primary site development standards, issues and concerns staff wishes to point out to the Planning Commission include the following: • The new buildings inside the PUD are shown with a minimum 10 -foot setback from all property lines, except for Building Q which is shown with a 6 -foot setback along its northerly border. State Building Code standards will apply to this building, which may include limitations to wall opening and construction of special fire rated walls. Nevertheless, even with the reduced 6 -foot reduced setback and all other noted setbacks as shown, Staff accepts these setbacks as part of the overall PUD standards and as illustrated on the PUD.Plan. • Building J was initially planned to be a restaurant pad site; however, the PUD plan and plat illustrates this building site. is planned or "parked" for a typical retail site (i.e. 4.5 spaces /1,000 sf, vs. 10 spaces /1,000 sf.). If the developer or future owners decide to improve this lot as a restaurant, the building size would need to be reduced considerably PC 04 -28 -11 Page 4 to provide required parking. This reduction could result in the development of atypical fast food restaurant site with probable drive -thru services, which is not what staff envisioned for this area along Xerxes Avenue. Staff is noting this and putting the Developer on notice that any "considerable" change or need of a drive -thru service would require a PUD amendment. • The initial plans illustrated 5 -foot wide walkways along the main roadways leading into the development. < Staff had previously requested 8 -foot walkways; however, the Developer elected to provide 6 -foot wide walks, which we agree is adequate for this site. The parking lot sandwiched between Buildings C and D appears extremely close to the south right -of -way line of Bass Lake Road and the new trail system/easement. The trail also begins to taper (inward) near this parking surface, leaving little space between the parking and trail. The Plan calls for a 5 -foot parking setback with decorative fencing. Staff is unable to determine the extent (beginning to end) of the fencing, nor have we reviewed any details on style, heights, or- material of said fencing. We recommend details be submitted and approved by planning staff prior to approvals. This setback/fence area should also provide space for additional landscaping such as spirea or evergreen shrubs to provide year -round screening and to shield headlight spillover onto the adjacent road /trail systems. There is a noticeable pedestrian disconnect along the east/west spine road located between the Xerxes Ave. entry and tying over to the main north/south access road. The Developer's consultants contend any walkway between these access /drive islands does not convey safe pedestrian movements along this roadway; instead the plans call for walkways which funnel the pedestrian traffic northward towards the existing Applebee's site and eventually over to the front areas of Buildings A, G, B, H and K. Staff recommends that this walkway connection be extended across the site; plus finish the connection in front of the existing Applebee's restaurant. The parking area dedicated to the new Walmart is immense and massive with little to no landscaping islands or features to break -up this "sea" of parking. Staff recommends the Developer provide landscape islands or similar breaks in the mid- points or at various points within the westerly seven double- parking rows illustrated on, the plans. • The loading areas located to the rear of Sears and Bldg. N need additional screening measures. The ( Developer has identified larger er ever reen trees 10' to 12' height) will be installed along the northwesterly corner of the drainage pond. The Circulation Plan sheet calls out truck routes throughout the site, including garbage trucks. Staff is unable to locate or identify any outdoor garbage /refuse facilities. Staff assumes all new businesses will have interior trash receptacles and /or dumpsters. If any commercial site intends to provide outdoor trash/recycling areas, the Developer will need to include specific guidelines and standards in the proposed architectural design guidelines (ADG's), or city staff will provide those in the PUD final documents. PC 04 -28 -11 Page 5 • The Walmart site plan identifies a "recycling area" to the rear building and against the ponding areas. City requires the Developer to provide specifications and details of this area to ensure this area is properly screened and secured in order to prevent any debris or recycling materials from being blown or carried into'the drainage -pond areas. • The Sign Program plan for the PUD site identifies a number of varying heights and sized signs. Two "major freeway pylon" signs will be 41 -feet in height with up to eight individual tenant identification panels. The "major pylon" signs will be 20 -feet in height with. eight individual identification panels. The "pad monument" signs will be 6 -7 feet in height with single tenant panels. All signs need to maintain a minimum 10 -foot setback from property lines. The southernmost freeway pylon sign is located inside proposed Outlot A, which may be encumbered by an overall drainage and utility easement. The City may need to discuss or require an encroachment or license agreement to allow this structure within its easement area. The sign program also identifies a "general landlord/tenant requirements" provision, which provides rules on the determination and responsibilities of future signage within this PUD. However, most of these multi- tenant identification signs will be located on individual platted lots which may be subject to additional landlord rights and privileges, or create confusing future ownership rights to these signs. In effect, each sign should be identified and carefully provided for under the overall PUD agreement to ensure that no individual lot ownership can usurp the overall tenant rights or usage of these signs and that access to maintain or change signs is granted to all users within the PUD. • Staff notes the photometric plans prepared by the Developer's consultants are very detailed and accurate. Staff has discussed with the Developer's consultants in providing adequate lighting for pedestrians. in certain areas, such as the walkways in front of the larger retail buildings. We encourage typical wall mount, downcast style lighting along the front edges of these buildings. There appears to be a "dark area" along the trail corridor running parallel with Hwy 100. This area should have an additional light to eliminate this blank spot. • The preliminary plant schedule and landscaping plan identifies, a number of deciduous, ornamental and evergreen trees, along with shrub /perennial plantings. The planting schedule is absent of any quantities, and the plan does not identify the species or types of trees in their respective locations. Staff requests this schedule be revised to include these numbers and identifiers. Staff further suggests the plan be revised to include additional shrub massing along the outer perimeters of the parking lots serving Buildings C, D and E of the plan. PC 04 -28 -11 Page 6 ARCHITECTURAL DESIGN GUIDELINES (PUD) The Developer has re- submitted a revised version of the architectural design guidelines for this project site (attached hereto). In addition, the PUD will include a development agreement with cross easements for access, parking and private utilities, as part of the PUD agreement and subsequent platting of the property. These guidelines ate intended to provide site, building and improvement specifications or standards, with specific focus on the following items: • Building orientation and construction materials and a standard on the amount of concrete block that can be used on a wall area. ( use as design feature for base or accent treatment) • Fagade and Front Wall treatments and attention to detail on all sides of the buildings that are visible from public view. • Screening measures. • Landscape and site treatments, including plant materials, placements and maintenance. • Accent lighting to show case the building and enhance the overall character of the PUD. • The consideration to building height and architectural design of the retail buildings to promote a main street entry image and enhance the Town Center look. • Building treatments along .Highway 100 (screening of loading & delivery areas, architectural treatment of walls and roof details, and accent lighting). These elements will be complimented by a large pond, landscaping, and fountain to showcase the overall PUD. • Pedestrian and bicycle connections standards. This PUD plan specifies four -sided architecture for all buildings. Staff has discussed with the Developer and their consultants in providing specific building materials and allotments into the architectural design guidelines which would cover all buildings inside this PUD. Essentially, Staff has chosen those requirements found within the City of St. Louis Park's Zoning Ordinance, which include the following two classes (of building materials): • Class I. Brick, marble, granite or other natural stone, textured cement stucco, copper, porcelain and glass. • Class H. Exposed aggregate concrete panels, burnished concrete block, integral colored split face (rock face) and exposed aggregate concrete block, cast -in -place concrete, artificial stucco (E.I.F.S., Drivit), artificial stone, fiber- reinforced cement board siding with a minimum thickness of I /4 inch, and prefinished metal. It is Staff's recommendation that Buildings A thru L have at least all four sides with at least 50% of their wall. facades in Class I materials. Building N should have its northerly and easterly faces . with at' least 50% of Class I and all others up to 25% of Class II materials. Buildings P & Q should have their front facades with 50% of Class I and all others faces with at least 25% of PC 04 -28 -11 Page 7 - Class II materials. Walmart (addressed later) is proposed for at least 50% of its front fagade with a Class I and all remaining at least 25 % of Class II. Staff is also contemplating or searching for an agreeable architectural panel that would fit within this PUD. At this point, we may need to have this item resolved after PUD Plan approvals with the understanding Staff and the Developer will work on finding or selecting an acceptable architectural panel. Staff has also directed the consultants to revise the Shingle Creek Crossing Exterior Elevation images which illustrate the "CMU (concrete masonry units) Bases" with the preferred ledgestone or "Simulated Stone" materials currently shown on various areas. Staff noted with the Developers at a previous meeting that it should be prudent to modify some of the standards or verb terms in the guidelines (e.g. "should" and "may" to " shall " — along with "should be /are encouraged" to " shall be required "). It is recommended that the Planning Commission continues its previous review form the March regular meeting and provide input or direction to the Developer and city staff of any revisions or modifications to this ' guideline. These ADC's will be part of the PUD final documents and will provide the necessary tools and reference to resolving building and site issues once the project is underway or in the process of developing out in the future. Staff continues to review these architectural guidelines to ensure that the Town Center image will be enhanced with the development of the out parcels with particular attention to building profiles, building height and streetscape appearance. DETAILS TO THE ENTRANCES AND INTERNAL STREETSCAPING COMPONENTS Further review and definition of the internal streetscaping (lighting, landscaping, and pedestrian movement) which are part of the EDA's public participation to enhance the project and will promote the Town Center image, identity, and ease of internal circulation of vehicles and pedestrians. • An overall plan which highlights the Bass Lake and Xerxes Avenue streetscape improvements (street lighting, boulevard treatment and trail & transit improvements) with the design considerations for the entrances and main internal drives. • The possible enhances to the street lighting poles to accommodate banners, flags, and flower baskets to enhance the overall PUD and attractiveness of this Town Center. ENGINEER'S MEMORANDUM DATED APRIL 25 2011 Attached is an updated copy of the City Engineer's memorandum which identifies concerns and issues which will be addressed with future site plan submittals. Conditions required by the City Engineer should be made part of any approvals. Please note some or most of these conditions will be reviewed and approved under separate site and building plan reviews for each future lot improvements within the project area, whereas other conditions can be made part of the preliminary plat approval under separate consideration. Other conditions or improvements may • be subject to further review and approvals as part of any future platting or PUD amendments (if necessary). PC 04 -28 -11 Page 8 SHINGLE CREEK DAY - LIGHTING An option that would provide a full day - lighting of Shingle Creek and the removal of the two 12'x12' concrete box culverts has been discussed and is now in the feasibility study stage. The concept involves the City, Hennepin County and Watershed and is nearing completion for official submittal. The applicant has identified this area as ' part of the second phase of development and it does not interfere with proceeding with the scheduling of Phase I improvements. Staff has included for the Commission's review portions of the "Daylighting Shingle Creek Framework" planning document and its related framework brochure, created in September 2008 and adopted by the City in January 2009. This preliminary vision and implementation plan was created to provide a basic plan to help set the tone, vision and implementation for future daylighting of Shingle Creek through the Brookdale Mall site, plus the related amenities and aesthetic enhancements along its corridor. As illustrated on the Alternative Plans, the daylighted creek bed is shown with smaller scaled developments on one or both sides, along with trail and landscaping improvements. This Shingle Creek Crossing PUD plan as submitted by the Developer essentially follows or meets the basic principles and design guidelines established by-, this framework. • PROPOSED SITE AND BUILDING PLAN (Walmart only) . The proposed Site and Building plan provides for the orientation of the building to face inward towards the central part of this large PUD development. The new Walmart store is shown with a 181,943 sq. ft. footprint. The store will be served by a large expanse of parking, with 909 spaces dedicated to this user. The parking will accommodate customer (706), employee (182) and handicap accessible (21) spaces. The parking lot will also provide for 36 cart corrals. The store will be accessed from the two main access roads coming off Xerxes Avenue and Bass Lake Road respectively. Customers coming off Bass Road will be allowed to enter onto the east /west (central) roadway, or continue southward to the entry point located near the northeast corner of the store. The vehicles entering from Xerxes will be able to make a number of entering choices along the east /west central roadway due to the large number of access points coming off the individual drive aisles in the parking lot. Walkways are located along the outer perimeters of the parking lot and along the front edge of the building. A larger, centrally placed walkway will be provided to allow pedestrians to walk safely through the parking lot, from the mid -point of the store front to the retail /service uses to the north. Walmart will be served by a number of loading bays /truck wells to the rear of the building. The site plan also illustrates an organic dumpster area and bale and pallet storage areas. As noted in the PUD analysis, staff has not reviewed and details or specifications to these storage areas. Staff is requiring the Developer /Applicants to provide those details as part of conditions of approvals. PC 04 -28 -11 Page 9 The store will also provide a dual lane drive -thru for its pharmacy. The consultants shifted the chiller units to allow more stacking space for vehicles as they enter into the drive thru. The dual lanes will provide vehicles to access the lane closest to the building with an alternative route for vehicles to enter alongside and bypass the waiting vehicle at the first window, cross over the main lane and pull up to a secondary window. The architectural elevation plans do not provide an illustration of this drive -thru feature, but the sign program plans provide an indication that this area is to be a covered drive -thru. Although a bit unorthodox in design, Staff finds no reasons or requirement to deny this improvement and will allow the Walmart to install the drive -thru as shown on the PUD plan. Staff requires more details on this drive -thru and covered area and may request final approvals be deferred until final PUD agreement approvals. • ARCHITECTURAL ELEMENTS The applicant proposes architectural treatment on all four sides of the building, which is consistent with the Architectural Design Guidelines submitted by the Applicants. The architectural treatment of the building includes a multitude of different materials and features, including decorative ledge stone, EFIS (exterior insulation finishing system - sometimes referred to as synthetic stucco), precast concrete panels, quick -brik brands, concrete masonry blocks, spandrel glass and pre- fabbed metal awnings. These materials and colors have been created to break -up the flat, massive wall spaces, straight lines and add depth, texture and dimensions to these large wall space and roof lines. These varying and quality of materials provides substantial improvements to the overall design and character of the old, typical blue or brown colored tip -up wall panels of the old Walmart • stores built in the past. Planning staff has offered to allow the Applicants the ability to reduce some of the architectural elements to the rear of this building, with the understanding more Class I building materials are added to the store's front and corner areas. As part of this option, staff would require as a trade -off the installation of additional and larger (taller) landscaping materials along this rear area, especially around the pond areas. Staff is suggesting the "integrally colored CMU split -faced `cream "' material wall, located between the "Home & Living" and "Market & Pharmacy" entrances be replaced With a cream or white brick material. We may also request the "pre -cast panel `buff Napoleon "' on each end of the building front be revised with an acceptable architectural panel that is agreeable to staff and the Developer. However, if the Planning Commission feels this panel as illustrated on these elevation plans are suitable and adequate for this store, we will defer our judgment and recommendations accordingly. • UTILITIES Sanitary sewer and municipal water services will be provided from either existing city main service lines or new stub lines installed by the applicant. The building will be served to provide both domestic and fire- sprinkling services into the building. The grading and utility plans have been given preliminary review and appear to be consistent r with general 'engineering practices and typical construction methods. PC 04 -28 -11 Page 10 • LANDSCAPE PLAN The landscape plan provides for the planting of a variety of deciduous, ornamentals and evergreen trees or shrubs. Most . of these plantings are limited to areas along the walkways, the parking lot planting islands, and the rear pond areas. All landscaped areas are to be maintained or have on -site irrigation systems. This landscape plan may need to be adjusted if or when the Developer elects to provide additional screening or landscaping materials as part of the building material swap -out or as part of the loading area issues addressed previously in this report. Staff has requested the Developer provide a man -made water fountain/spout feature as part of the large ponding area to the rear of the building, to serve as an additional water feature element for aesthetic reasons. At this point, the Developer is electing not to install such a feature. Once again staff requests the Planning Commission , discuss or determine if this feature is necessary or even desired on this site. Planning staff will ensure that any landscaping provided, pond /water features, or necessary adjustments will be adequate and provided for in the final construction or PUD documents. • LIGHTING The photometric plans illustrate the location of the larger 39 -ft tall lights in the main parking areas. Staff anticipates these lights will be down - cast/cut -off style light ® standards. The site is also improved with smaller 16 -ft: tall pedestrian lights along the trails and walkways. The building plans or lighting plans do not identify decorative light fixtures to accent the building front and sides. These accent lights, in conjunction with the typical ped light can provide ambient lighting for the abutting walkways. • SIGNAGE The PUD plans included a very detailed sign program plan. The site plan and sign plan calls for two 41 -foot high "major freeway pylon style signs along the right -of -way edge of Hwy 100. These signs are not limited to Walmart as they also provide individual tenant signage spaces. Larger major pylon signs for tenant sign space are placed at or near the entry points into the overall development. Smaller monument style signs for individual tenants are spaced accordingly to the their respective lot improvements. The front wall signage for the new Walmart is limited, with a larger "Walmart" identifier sign with accompanying golden - yellow sunburst logo above the main entrances. Secondary sings are located or limited to the other portions of the store, such as "Outdoor Living ", Home and Living" and "Market and Pharmacy ". The pharmacy drive -thru is also improved with smaller identification signage. The rear portion of the building is limited to a single, "Walmart" with sunburst logo. No other signage is proposed, and staff commends Walmart (and Developer) in minimizing signage to the rear of this large building. PC 04 -28 -11 Page 11 PUBLIC HEARING & FINDINGS A public hearing on the proposed Shingle Creek CrossingBrookdale PUD was advertised and notices were sent to surrounding property owners within 300 feet of the subject site for the original April 14, 2011 Planning Commission meeting. Due to the recent inclusion of the Sears property into the PUD, this hearing was postponed to the April 28, 2011 regular meeting. The guidelines provided in Section 35 -208 of the PUD provisions provide that the City Council shall base its actions on the rezoning upon the following criteria: I . Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The findings and the special conditions of approval for the general development plan will be included in both Planning Commission and City Council resolutions. • In addition, the City Council may attach such other conditions to its approval as it may determine to be necessary to better accomplish the purposes of the PUD district. RECOMMENDATION Staff recommends the Planning Commission carefully review the new application request for Planned Unit Development, along with the Site and Building Plans for the new Walmart facility, consider the information contained inside this planning report and its attachments, and determine or require additional conditions as may be necessary. Whereupon consideration and review, Staff further recommends that a motion be made to approve this application by adoption of Planning Commission Resolution No. 2011 -05, a Resolution Regarding Recommended Disposition of Planning Commission Application No. 2011 -009, a Request for Planned Unit Development approval, along with the Site and Building Plan approvals, submitted by Loren Van Der Slik (for Gatlin Development Company) subject to the conditions of approval outlined in the resolution, and which may include additional conditions as per the Planning Commission. PC 04 -28 -11 Page 12 MEMORANDUM DATE: April 25, 2011 TO: Gary Eitel, Director of Business and Development Tim Benetti, City Planner FROM: Steve Lillehaug, Director of Public Works /City Engineer Bruce Johnson, Engineering Department Supervisor SUBJECT: Shingle Creek Crossing PUD Review (revised), City of Brooklyn Center Public Works Department staff reviewed the following PUD documents submitted for review for the proposed Shingle Creek Crossing Development: • PUD plans dated April 2, 2011 The following are comments and conditions of approval for the referenced PUD documents: i an adequate setback from the roe lines as 1. All buildings must-maintain n property required by state q q P g building /fire code for ease of future property and maintenance rights. Final property lines will be subject to final City review and approval conditions of the Preliminary Plan and Final Plat. The only locations that zero lot lines should be acceptable would be in locations where buildings have common walls. 2. The easterly property lines and public easements for Sites M and Q must be further reviewed with updated site plans to ensure adequate separation from the creek features. Updated plans will be subject to final City review and approval conditions of the Preliminary Plan. 3. The "full" daylighting of Shingle Creek is desired through the entire site including the removal of the existing twin box culverts. Should these remain, the box culverts will remain the full responsibility and under the ownership of the property owner. Daylighting of Shingle Creek elements are recommended to be revised to incorporate the creek as more of a feature that is fully integrated into the development as represented in the Hennepin County's Feasibility Study pertaining to Daylighting Shingle Creek. Should the full daylighting plan be pursued, further discussions will be required with the developer pertaining to easements and responsibilities for the full daylighting project. Any update to the plans will be subject to final City review and approval conditions of the Preliminary Plan. 4. The easterly Kohls entrance from County Road 10 must be closed. Closure of the access supports the City's and County's roadway access management goals and also eliminates the trail safety conflict with this skewed access driveway. Adequate full- access is provided at the Shingle Creek Parkway intersection. 5. Revise the westerly main internal roadway connection along Xerxes Avenue extending north from 55 Avenue so the main traffic route is channelized, directed and connects to the main internal roadway directly adjacent to the building southerly of the turn lanes area at the connection at 56 Avenue. The north parking lot access point should be closed within the turn lane area. Updated plans will be subject to final City review and approval conditions of the Preliminary Plan. Shingle Creek Crossing Page 2 of 2 PUD Review Memo, Revised April 25, 2011 • 6. The major access routes exhibit must include defined truck routes on the sites east of the Shingle Creek Parkway extension (e.g. Kohls and the City owned property). 7. Add an internal sidewalk connection where there is a missing segment on the north side of the main east -west internal road system between the northeast corner of the existing building/retail shops site and Site K. Reconfiguring and minimizing access points within the parking lot along this area may be needed to accommodate a safe pedestrian route. Updated plans will be subject to final City review and approval conditions of the Preliminary Plan. 8. All loading dock and truck turning /backing areas must be fully separated from public customer parking areas, must not direct or invite public parking ingress /egress routes through - loading dock and turning/backing areas and must not encroach on main drive aisles. Final access routes and turning movements for all loading dock areas will be subject to final City review and approval conditions of the Preliminary Plan. 9. A cross - access agreement is needed between Site N and Sears due to the location of and access to and from the loading dock area for Site N. 10. The proposed dual drive -thru window layout with crisscross access must be further reviewed to ensure adequate, safe operation. The drive -thru layout will be subject to final City review and approval conditions of the Preliminary Plan and Final Plat. 11. Show and dedicate easements for all existing and proposed public trails and streetscape improvements as necessary. Easements will be subject to final City review and approval conditions of the Preliminary Plan and Final Plat. 12. Temporary and /or permanent easements will be needed to construct the proposed segment of private sanitary .sewer service line for Site N along the Sears property. 13. Provide better, more detailed plans for boulevard landscaping between the existing trail and existing parking lot along Xerxes Avenue south of 56 Avenue. 14. Provide boulevard and landscaping elements along the portion south of the ring road along the southerly portion of the site. All items, recommendations and conditions are preliminary planned unit development review comments and are meant to represent and guide the future planning and development of site plans and the corresponding property plat and easements. All conditions are subject to further review, revision and approval as part of any future platting and site plan review. g: \engineering \development & planning \active development projects \shingle creek crossing 2010 \communication \project review & conditions \110425_final rev pud review memo.doc Merfiber Kay Lasman introduced the. following resolution and: moved its adoption: RESOLUTION NO. 99 -37 RESOLUTION REGARDING DISPOSITION. OF PLANNING COMMISSION APPLICATION NO. 99001 SUBMITTED BY TALISMAN BROOKDALE LLC.- WHEREAS, Planning Commission Application No.. 99001 submitted by Talisman Brookdale, LLC proposes a rezoning from C -2 (Commerce) to PUDIC -2 of the -Brookdale Regional Shopping Center which is bounded on the north by County Road 10, on the east and. south by T. H. 100 and on the west by Xerxes Avenue North;: and WHEREAS, this proposal comprehends the rezoning of the above - mentioned property and site and building plan approval for the. expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center to include the following; ; 1. The reconfiguration of the west end of the mall including an 89,650 sq. ft: second floor to include a 20 screen, 4,252. seat theater; 2. An approximate 13,200 sq. ft. addition to the north entrance to the mall for two restaurant sites; 3. An approximate 13,000 sq. ft. addition for general retail use and revised. mall entry way along the southerly side of . the complex adjacent to. Dayton's; 4. A 4,650 sq. ft. freestanding Applebee's restaurant building along. Xerxes Avenue North, northerly of the 56th Avenue entrance to the` Brookdale Center; 5. Conceptual- approval, subject to further Planning Commission and City Council review and approval, of four additional freestanding restaurant and/or retail buildings to be located around the perimeter of the shopping center; and WHEREAS, the . Planning Commission held a duly called public hearing. on February 25, .1999, when a staff report and public testimony regarding the rezoning- and site and building plan were received; and WHEREAS, the Planning Commission recommended approval of Application No. 99001 by adopting Planning Commission Resolution No. 99 -02 on February 25., 1999; and Downloaded fro n the City of Brooklyn Center dot ebLink Repository Apr 29. 2011 10:42AA1 RESOLUTION NO. 99 -37 WHEREAS, the City Council considered Application No. 99001. at its March 8 1999 meeting; and WHEREAS, the City Council considered the rezoning and site and building plan request in .light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355, the City's Comprehensive Plan and the Planning . Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 99001 submitted by Talisman Brookdale; LLC in light of the following considerations: 1. The.rezoning and Planned Unit Development proposal are compatible with the standards,. purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance and will allow for the redevelopment and rejuvenation of the Brookdale Regional Mall which is a unique development within" the City of Brooklyn Center and whose viability is considered to be vital to the stabilization of other commercial properties within the community. 2. The rezoning and Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is .compatible with... complimentary to and of comparable intensity to -adjacent land uses as well as those'permitted on surrounding land. 3. Tle utilization of the property as 'proposed under the rezoning and Planned Unit Development proposal will conform with city ordinance standards for the most. part with the exception of the. following. allowed variations from the zoning ordinance which are considered reasonable standards to apply to this proposal: • Allow S ft. rather than 15 ft. greeenstrips at certain locations where an appropriate 3 to 3 W ft.- high decorative. masonry wall shall be installed to offset negative effects {this standard has been allowed in other areas within the city). . Downioided from the City of Brooklyn Center WebLink Repository Apr 24, 2Ri 1 90:33AM RESOLUTION NO. 99 -37 • Allow , a 35 ft., or non-major thoroughfare setback for certain out building locations based on variances that have been allowed for other commercial buildings along major thoroughfares and tseem, appropriate in this location as well. Allow a 4.5 parking spaces per 1,000 sq. ft. of gross leasable area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area required based on the shared parking analysis provided and on Urban Land Institute Methodology indicating a'maximum. of 5,13 *3 parking spaces as being needed for the Brookdale Mall given the mix of uses. and square footages proposed In order to meet the maximum weekday and weekend hourly demand, which is also in keeping with at least two major regional malls in the area. • Allow the 60 ft: wide parking dimension standard for.* 90 degree parking rather than the 63 ft. required separation based on the fact that Brookdale has previously been allowed to have the 60. ft. parking standard and it appears that it would work in this situation. • Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 based on the uniqueness of the size, diversity of uses ' and significance of Brookdale Mall. • Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics . of multiple stops per person at the Center. 4. The. rezoning and Planned Unit Development proposal are considered compatible with the City's Comprehensive Plan.for this area of the city. 5. 'The rezoning and Planned Unit Development appear to be a good utilization of the property under consideration and the redevelopment and. rejuvenation of Brookdale Regional Mall are an important long range use for the existing property and are considered to be an asset to. the community. Cownloaded'fro€n the City of Brooklyn Center WebLink Repository Fpr22,2011 50:43= RESOLUTION NO. 99-37 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings contained in Section 35 -208 of the City's. Zoning . Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE rr FURTHER. RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 99001 be subject to the following conditions and considerations' . 1. The building plans are subject to review and' approval by the Building Official with. respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount -to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on-ground mechanical equipment shall be appropriately screened from view. 5. The buildings and building additions are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all new landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery; which is subject to Chapter 34 of . the City Ordinances with the exception of allowing two freestanding signs up to 320 sq. ft. in area along T. H. 100. 8. Plan approval acknowledges a proof of parking for the Brookdale Shopping Center based on providing 5,700 parking spaces on. site. Downloaded from the City of Brooklyn Center WebLink Repository RESOLUTION NO.--29-37 The applicants are allowed to retain the existing parking configuration except where required modifications are :to be made based on :building expansions or additions. New parking lot construction or. reconfiguration shall require concrete parking delineators as approved by the City Engineer. 9. The applicant shall submit as built surveys of the property, improvements and utility service lines prior to release of the performance guarantee. - 10. The property owner shall enter in an easement agreement for maintenance and inspection of utility and storm drainage systems as approved by .the - City Engineer prior to the issuance of permits. 11 • All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details, 12. Approval of the application is subject to the review and approval of the Shingle Creek Watershed Management Commission with respect to .storm drainage systems. Effective compensating storage shall be approved prior . to the construction and filling for the proposed building No. 5 on the site plan. 13. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City. Attorney prior to the issuance. of building . dwg permits. Said agreement shall acknowledge the various modifications to city ordinances and the rationale for allowing such deviations by the City Council and the conditions - of approval to. assure compliance with the approved development plans.. 14. Plan approval is granted for the Applebee's Restaurant building as. Presented (Building No. 2 on the site plan). 15. Conceptual approval only is granted for three other out buildings shown on the site plan. as Building No. - 3, . Building. No. 4 and Building No. 5. Planning Commission review and City Council approval in the form of a Planned 'Unit. Development amendment shall be obtained prior to the issuance of building permits for these buildings. Downloaded from the City of Brooklyn Center WebLink Repository Rpr29,2094 SO:42ANI RESOLUTION NO. 99 - 16. The costs for. traffic signals at the 55th Avenue and 56th Avenue `intersections with Xerxes Avenue shall be the responsibility of the applicant. 17. The plans shall be modified to show: a. A 3 ft. to 3 'A ft. high decorative masonry wall in locations other than along T. H. 100 where greenstrips are less than 15 ft. b. The elimination of the access from the perimeter road to the parking lot east of Building No. 3. C. The location of the Shingle Creek Regional Corridor Trail through the Brookdale parking lot. d. The removal of Building No. 1 which is not part of the conceptual approval granted at this time. 18. Applicant shall enter into a development agreement, in a forma roved b FF F �m FF y the' City Manager and the City Attorney, - assures that adequate provision will be made to accommodate public mass transit circulating. through the parking lot of the center and to allow for passengers to be dropped off and picked up at the center. The applicant shall not be required to provide space or accommodations for mass transit vehicles parking, stacking, or laying over; for parking of privately owned vehicles of mass transit patrons; or for the transfer of passengers between mass transit. vehicles. _ March 8, 1 99 Date May ATTEST: J6 im ��jh� City Clerk The motion for the adoption of the foregoing resolution. was duly seconded by member Ed Nelson - and upon vote being taken thereon. the following voted in favor thereof: Myrna Kragness, Kay lasman, Ed Nelson; and Robert Heppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted: Downloaded from the City of Brooklyn Center WebUnk Repository Apr 24, 2011 10:43AM ��. � �0� .'� . �� . �'� s.� � VIII I• „ , R 1 � � - ,� s „ n,..♦ ., .. . ., i. I ' �'.nHr ail vhn ",��Etlr� . L�OdO ` -0009c _01000 no J - OOOOQJI O OJOO1�' - -- -- - _ � 0 _ OH COUNTY ROAD NO. 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Z W F 1 2 1 ' .5,„ ,owR s R. 0 5, „�„ R w w a aC7w O O EXISTING J 0 t SEARS ` ^,� ` ^ r x `~ x.enr NORTH EROSION DETAILS U j (NOT IN ` /^.!' / s s cl. acts CONTRACT, \ \ I t101xfw LU 1 9, O Z Z UU LU =,TITIM.111) 11 eon�R1e„ Z U ,0.w ls<F .1.1 s ' co. of Z 6 ` ; ACR=AGE SUMMARY -PHASE I� Z � aF.sn o�snxalFO .RU axn.xcx, suancrsmmr o ` ,0-u O,snaecc wt• (ws N•,cn nal sa.,s ^' OS /tt /2G't i ous/.F,ao wF•�__ ® �uon•R�cu.x, e•s'„ t6061300t uBEx AL 04 L;UUN I Y KUAU NU. 110 E51" E42" E42* COUNTY RD NO I BASS LAKE ROAD COUNTY RD N010 BASS LAKE E 72" — -- — -- - — -- — - - — -- A 9 /�� - - -- - --- � — 2'x4'Box FIE' CU Jlt� 11E\ \ 1 \ RT FIE 15" STORM EXISTINC 15 Qx KOHL io Ia S 11 E 15" 15' K 15" PROPOSED DAY-LIGHTED T% 18" - SHINGLE CREEK 18 FIE: 3 7, K STORMCEPTOR C 1-2 4" 13, ( m 15" >, STORMCEPTOR w E / &�•_ 18 t--5 T n 36" CULVERT EXISTING 26. SEDIMENT e A' \ \4 \'x� �6 EXISTING - 15"' 15" 143' E12" TRAP APPLEBE 18" FI IV 5 m FIE 36" CULVE RT -" E 5" E15" A 2 15" 48" ® , DRAIN, 15" �� 36" EXISTING I *, A z BU E21" STORSTORMCEPTOR CEPTOR RET NG Walmart *V5625.00 SHOPS C-1 80.S- OX.) F_ 1 181, 943 S.F. G z U-1 48 U, 0: 10 0, A—. 2 T EXISTING 48" 1- K (n SEARS C w 0 (NOFT IN 4 C) 1 � 1 ONTRACT) ;A z (n 0 MN — �2 Bn 9 1 u 4 F R UNOFF VOLUME Z Z 2 F M cn LEGEND o U-1 L) F- z PROPOSED P IVATE STORM SEWER Lu - D PRIVATE 8" PERFORATED "C PIPE PROPOS w (If B POND DA TABLE PR P,)S--D STO M SEWER INLET PROPOSED IM YR 11 DO ELL VA TION TREATMEN I DL11(11) (11)/DOTIOM PROPOSED 5 T OR. SEWER MANHOLE -1 0 VOLUME (AT IAIION (TT) - ♦ PROPOSED FLARED END SECTION POND T 0.23D _ 8 4 o 845.50 (OTM) Z CC 0084 4 T 24 .5 D O �N�� EX o (8Z)F PROPOSED RIP RAP co POND 3 6 2 8 so.sg 7! 0 , " POND 4 1.542 84700 1 8 TOO (N-) rt x F-1 rti II-1 N. 160633001 'ON-SITE STORM SEWER IS PRIVATE UNLESS NOTED OTHERVASE OC Fi- I I;,'- f Li={I FF L'.;.ICJ COUNTY ROAD NO. 10 / BASS LAKE ROAD i S o �B. N. \ / E1 p� G / I EXISTING A F'' KOHL'S oo JI a? S i � 5 ssi 4 s €'E 1 / z E PUD BOUNDARY EXISTING / APPLEBEES - T - "vz P p / EXISTING J ( {� Y Z I \ BUILDING' i Wa Z S RETAIL\ W f v SHOPS ,i � \ E pD W STORE 5625 -D F- C -180 0 GL -NO 181,943 S.F. (APPROX.) - a- = p Z 1 .— OVNO Ul W LL Uj W ¢ i EXISTING '� -�/ ,p0 Z / SEARS // %� Py �0 ._ O 1 (NOT IN � mNTRACn LEGEND O w EXISTING WATER P'RE �.c W PROPOSE] POTABLE WATER PIPE Lw U GATE VALVE IN VALVF BOx (MJST Elf H10 t ) V ` / as TRAFFIC RATED IN PAVEMENT AREAS) U J FRE HYDRANT WITH BOLLARD PROTECTION J Q 0 EXISTING X -INCH WATER LINE Z �' PROPOSED X -INCH WATER LINE U) m f - r E %ISTING FIRE HYDRANT . S Fli PROPOSED FIRE HYDRANT Tfi063300t PUD BOUNDARY ' i 'ALL WATER LINE AND STRUCTURES ARE PRIVATE UNLESS NOTED OTHEMSE sneEOm vaLa COUNTY ROAD NO. 10 b ,OUNTV RD NO 10 BASS LAKE ROAD COUNTY RD NO tO BASS LAKF D) C 1 III \ EXISTB KOHL': g i �, C � g . y o aaN af b / EXISTING ; / APPLEBEE'S FORCEMAIN Cu EXISTING 1 BUILDING'. \ / Walmart*' RETAIL / STORE #56 -��\ ~ SHOPS i (� C- 180SGL -NO ! j �� LU m 181.943 S.F. (APPROX.) \� _ O n LU LU yy EXISTING / .I U Z !n SEARS C/ %I NORTH Z Q i 1 (NOT I CONTRAN CT) �`, �� (/T 1 , : \ / / lap Z Z _ 05 M 1 z 1 // i ��� LEGEND €E wte ow Z WE VI W W x \ U C s y -� -6., AN iA 4 & acE v.nlN Z ' I l l y J 1 55TH AVE N 0 O Zx .. = m / B 1 D61E 'ALL SANITARY SEVER AND STRUCTURES ARE PRIVATE UNLESS NOTED OTHERIWSE ! 20 1 1' -1 633001 x uBEx o 0 7 i • • e r _ i_-- ' COUNTY RD NO 10 BASS LAKE ROAD - -- e COUNTY RD NO 10 BASS LAKE RDA % ` I I 11 1 F; �t r B / � / A �' ( ti. •� -. � � B I 7 t� � � l� EXISTING J� / j� A ✓ �� r; ') _ �V y ti PLO BIDUNDAV %JJ /� y STI BE z w EXISTING �T \ 1 L_" p IIII /Z ^� \ t BUILDING ) Walmarti ETAI II \\ t\ SHOPS C S G ISO SGL ?NO tt I /��•/ O X w L. S e `J 1 \ 1,APPROX.) \ NORTH O _; v 01947 S.F. w \ LU > \� .PUD BOUNDARY y'r w I t i \ i/ � w � � � I z EXISTING _ .. U m i 1 SEARS \ I� •`' - - (NOT IN %� \^ i �^� / z z a / CONTRACT) (n •// C E v^d ra�a. _[• o • ��a. vwe�.ao ��r W z Lu ULI ,` t\\\ _ _LIGHT POLES W 0 1 / t - FIXTURES of Z LIGHT POLE & } $ E t \` j1 / ✓/! I _ \ \� �// ., -- 5 FC (FOOT CANDLES) / FIXTURES W Y o a \, �'9 \✓ \ ��,! •'/ ,' —3 FC J O PHOTOMETRIC NOTES: /. — 10 FC (FOOT CANDLE' n Esnses V,l.i sE i FC USE�sux Z `,\�. tt r. z< .I /• / �_ —3 FC wi eE = D7 _.1 FC a ura xs IOR 11 1 — LE Ll — Fn 1s � EI C EI TO eE IF— 1—F o��jx - 5 _1 i6 0 c s PARKING LOT LIGHTING P EDESTRIAN TR LIGHITNG of s • • COUNTY RD NO 10 BASS LAKE ROAD _ I COUNTY RD NO I!` RASS I.Ak ROAD s f t I ; e - , y : r �A© — d °m EXISTING t / ;. l iA .\ \ \. v • , , r. \\ r ( I ?"' o ' r\ \ `� �� `' �..'� KOHL �A, L _\ \: i I ER _ /� — — _ 1> _ '. B E y P '\ /� eu� BOUr�D nRV Ire § A EXISTING C3' lc \ BUILDING' — Walmart, RETAIL I �: �• \ - STORE #5625-00 SHOPS \ C - S.F. ( L-NO 181,947 S.F. (APPR PUD BOUNDARY (TYP.) OX,) 2 ! p W �> ` .,�/ r, \•.� �'`r /;l �f l., PRELIMINARY PLANT SCHEDULE a - m o SYMBOL QTY COMMON NAME SIZE R007 w LU w SWAMP MITE OAK 2'CAL. B&B W Z W O COMMON HACKBERRY 2.5" CAL B&B 0 d , 1>ZZr Z EXISTING i F - SEARS I \ - ACCOLADE ELM 2.5 " CAL . B80 J G CONTRACT) / O C �UOUS AUTUMN BLAZE MAPLE 2.5 "CAL B&B F Q LU OVERSTORY 6 I ' EVERGREENS TO BE / /- w Z d 6 R DUAKING ASPEN a20 CONT RELOCATED WHEN BUILDING . U _� N' IS CONSTRUCTED W 1 BIRCH (SINGLE STEM SCMPI 120 CONT Z 1a IVORY SILK LILAC k20 CONT. U p 7 t z v I EVERGREEN TREES IN T 13 \ U t ORNAMENTAL CRABAPPLE k20 CONT W . GROUPING SHALL BE 10 -12' IN DECIDUOUS (� HEIGHT WHEN IN TALLED Z - - BLACK HILLS SPRUCE _ 6' HT B 8 B ` X _ `i �' A \ �. �• AUSTRIAN PINE 8'HT BAB p LY F EVERGREEN LL VIBURNUM 0 CONT. Z DWARF BUSH HONEYSUCKLE p3 CONT, W W FEN DOGWOOD 03 CONT LLI Z LILAC 93 CONT. >j SPIREA q9 CO NT. W Y Y _ ALILV k1 CONT. —10 K 1 1 ` KARRL FOERBTER pt CONT. Z o SHRVBr PERENNIAL BLACK-EYED SUSAN p1 CONT. = Do EXIBTING TREES RO REMNNI - •) ( I Lt � � r SnEF1 rvtruBFR 09 i • # c Oio BASS lnKFa-,r.p An ._... -------- - _ = -- -- - - -- - - -- - - - - -- - V RD NO 10 BAG' IAK - h0 c EXISTING O J Y. ?� - � �� 4q✓ _ KOHL'S n / AEPPXILESTING BE _ =1 ' •% ! / o . ' I EXISTING • H BUILDING Walmart:: �:'' W RETAIL � ' STORE 00 SHOPS / H ' SGL-NO ( a m 1B1,943A3 S.F. GL-N 5. lAFPROI(.) � ` 2 O m W LE •/�. / �� "/ / W Z Z o I 1 •/• \� G�/ ^ / / /: NORTH W LU EXISTING SEARS O r: v k I ACT - '% • oo HATCH LEGEND: z Z w w LLI o D U W Y PAVEMENT HATCH LEGEND: (D 0 o Z � =m a� ARCHITECTURAL CONSORTIUM L.L.C. 001 N TNN S—, S.. 220 612JYJ0]0 MM —pM.. MN 66101 Fg612 402.0000 C D - - - -- GATU[N DEVELOPMENT COMPANY _ -- Key Plan - I EK15TIN6 NORTH ELEVATION M � � '`\ ,\ o D, srx _ — — as wr..¢ •� cccrcE � '\ I -.. TENANT TENANT - TENANT Date TENANT Ma* Rewslon/ISSae 2 PROPOSED kORTH ELEVATION • I - - - -- SHINGLE CREEK CROSSING BROOKDALE CENTER EXISTiNS TEST ELEVATION N` a REDEVELOPMENT - — — BROOKLYN CENTER, MN TENANT -- — -- — - - - - - -- t` r TENM2T TENNR TENMIT 1 -- =- EXTERIOR ELEVATIONS 4 PROPOSED WEST ELE NATION • c -. .__ a _ Al Architectural Consortium, L.L.C. 2010 ARCHITECTURAL C ONSORTIUM L.L.C. 1 901 N^In ThW 8 b 2 812�36J0]0 _.. MN Bu 9W 20 fu612692.9960 I EXI5TIN6 OVERALL EAST ELEVATION (` / 4 / / � / / GAM DEVELOPMWWMPAW SEARS .• . ^^^ ^ ». ^^ ^ . ^ ^•- .. c; — ^. - - — Key Plan FJFJ � PROPOSED OV °_RA_L EAST ELEVATION 61„Sn9s CMVID e9i^v 9ers�o - NC62TX - - - -- - _ - Mark Revision /Issue Dais r I � EXISTINS EAST ELEVATION „n � •i fvl [MiY RYPO ,p+elh - TEN'JlT - -- TENANT TENNI TENNR . EAST ELEVATION �e SHINGLE CREEK CROSSING - ----- -- - BROOKDALE CENTER `--- - - - - -- r '• o REDEVELOPMENT ti BROOKLYN CENTER, MN o 6E II EXTERIOR EXi.5TIN6 EAST ELEVATION LONTINJED ELEVATIONS SEARSw, r z 6•x .X m ti -_ _ �, TENANT t TEN/Nf TEN6NT TENNR TENANT _ TENANT l; -•_� a �. - �� ""� N+v ROP05ED EAST EL LONTINUED '�`�'�' 1J O""` IT wu A2 6 , �eu�s Architectural Consortium, L.L.C. 201 0 ARCHITECTURAL CONSORTIUM L.L.C. erts C K Rew.+C GO �'�� C " " 901 NOM 7 —sY sub 220 612JJ6-1030 __— .—W.. MN 66a01 F"6126929860 TEN/NT TFNMff /� brw {{ / �_ a / T� / / // \ GATLIN DEVELOPMENT COMPANY FROM Key Plan MIUT TENNR TEN1Nf TENMrt TE!lkreT - 1 \� o � .� cwm -. �• rte" rxnv NsON-r., roa siwss rvn. �+ NORTH Mark Ra9iaion /Issue Defs TYPICAL ELEVATIONS -PAD BJILDIN& Feu 0 e..a TENANT - FL SHINGLE CREEK „« " M , x e „ CROSSING y BROOKDALE CENTER REDEVELOPMENT BROOKLYN CENTER, MN " F EXTERIOR ELEVATIONS s TYPICAL ELEVATIONS - MAJOR ANCHOR A3 vb•. ro' Architectural Consortium, L.L.C. 2010 � k i 4 a1 .vt� stir r ~ .�; a -' ♦Y_ v r��. Sf ♦ r � t �hh'11 -1r_ y l M. t� _�.,�L �,,��`G f:. 7 a7} y - ` . 5 .. y' - .•�L `:+ ','� �Y, x� �a = c �^ J 41 F 1 17- a a ap /— 5' +l- MODIFIED EXISTING WALL WITH S'. /- EXISTINGWALLWITH ARCHITECTURAL CLADDING ARCHITECTURAL CLADDING SHINGLE CREEK OVERLOOK WITH REGIONAL TRAIL EDUCATIONALAND INTERPRETIVE SIGNAGE SHINGLE CREEK CROSSING WATER FEATURE CONCEPT SECTION APRIL 2011 K and AuDaateS, Inc. GATLIN DEVELOPMENT COMPANY 101 S-1,M —Sven D. kwn. Tennessee 11055 IN 6154 1671W Fnx 615 7105 - _ _ _ _ _ - . _ .. _ _ _. _ ..EXISTING FULL EXISTING ._ - _ _ _ _ '!: _ - - - -- - - - - -- - - �- -- EXISTING FULL k ' TRAFFIC _ _ _ ACCESS COUNTY RD NO 101 BASS LAKE RD I - - ' - } _ — °- _._ -- °e -_ -- A - ` CCESS TRAFF C SIGNAL- -_ SIGNAL b • SIGtiAI ° ._. _ � � TRAFF��� 3 � _ _ � � � � � � 1 ��' � � _ _ �� -- - - -'. - • - I — 1 - �� � tom. � � � r� �. \ 1 � .. � � 4 7 BOUNDARY EXISTING KOHL'S _ EXISTING FULL ♦' p S ' EXISTING BUILDING' RETAIL SHOPS I v U m W 1 EXISTING SEARS (NOT IN � i i I lx yj ♦ CONTRACT) - SYMBOL LEGEND U) g e ` ♦ > — U) i 1, 1 ;il ♦ \ �,. /� _;__- MAJOR ACCESS ROUTES U W w U LU eNN j m • \ 0�/25i 20�' t � 1' 1 ` ilil � 1 6 06 3 3001 p E 01N8 SHINGLE CREEK CROSSING SIGN PROGRAM A. INTRODUCTIO B. GENERAL LANDLORD / REQUIREMENTS: The intent of this sign criteria is to provide the guidelines necessary to 1. Each Tenant shall submit to landlord for written approval, three (3) copies of the achieve a visually coordinated, balanced and appealing sign detailed shop drawings of the proposed sign, indicating conformance with the sign environment, harmonious with the architecture of the project, while criteria herein outlined. maintaining provisions for individual graphic expression. 2. The landlord shall determine and approve the availability and position of a Tenant name on any ground sign(s). Submittal drawing(s) to indicate accurately scaled signage on the elevation shall be required. 3. The Tenant shall pay for all signs, related materials and installation fees including final inspection costs. Performance of this sign criteria shall be rigorously enforced and any nonconforming sign shall be removed by the tenant or his sign 4. The Tenant shall obtain all necessary permits. contractor at their expense, upon demand by the landlord. 5. The Tenant shall be responsible for fulfillment of all requirements of this sign Exceptions to these standards shall not be permitted without approval criteria. from the landlord and will require approval of a modification to the sign program application by the City. 6. It is the responsibility of the Tenant's sign company to verify all conduit and transformer locations and service access prior to fabrication. Accordingly, the landlord will retain full rights of approval for any sign 7. Should a sign be removed, it is the Tenant's responsibility to patch all holes, used in the center. paint surface to match the existing color, and restore surface to original condition. No sign shall be installed without the written landlord approval and the required City permits. ROiECT NUMBER ARCHITECTURAL � SHINGLE CREEK CROSSING SIGN CRITERIA ' =B "E ES CONSORTIUM L.L.C. `�LJ ° B��NBr B cNEOer 901 North 3rd Street 612 436 4030 GATLIN DEVELOPMENT COMPANY S C -1 .1 Minneapolis, MN 55401 Fax 612 -692 -9960 BROOKLYN CENTER, MN SCALE: N.T.S. Architectural Consortium, L.L.C. 2010 SHINGLE CREEK CROSSING SIGN PROGRAM C. GE SIGN CONSTRUCTION REQUIREMENT: 1. All signs and their installation shall comply with all local building and electrical codes. 9. All lighting must match the exact specification of the approved working drawings. NO EXPOSED CONDUITS OR RACE WAYS WILL BE ALLOWED. 2. All electrical signs will be fabricated by a U.L. approved sign company, according to U.L. specifications and bear U.L. Label. 10. Signs must be made of durable rust - inhibited materials that are appropriate and complimentary to the building. 3. Sign company to be fully licensed with the City and State and shall provide proof of 11. Color coatings shall exactly match the colors specified on the approved plans. full Workman's Compensation and general liability insurance. 12. Joining of materials le.g., seams] shall be finished in such a way as to be 4. All penetrations of building exterior surfaces are to be sealed, waterproof, and in color unnoticeable. Visible welds shall be continuous and ground smooth. Rivets,screws, 8 finish to match existing exterior. and other fasteners that extend to visible surfaces shall be flush, filled, and finished so as to be unnoticeable. 5. Internal illumination to be 30 milliamp neon, fluorescent tube or LED for storefront elevations and #3500 white neon or LED halo for freeway elevations. Installed and 13. Finished surfaces of metal sholl be free from canning and warping. All sign labeled in accordance with the "National Board of Fire Underwriters Specifications ". finishes shall be free from dust, orange peel, drips, and runs and shall have auniform surface conforming to the highest standards of the industry. 6. Painted surfaces must have an acrylic polyurethane finish or baked -on finish. 14. In no case shall any manufacturer's label be visible from the street from normal 7. Logo and letter heights shall be as specified and shall be determined by measuring viewing angles. the normal capital letter of a type font exclusive of swashes,ascenders and descenders. 15. Exposed raceways and conduit are not permitted unless they are incorporated See diagram on following page. into the overall sign design. 8. All sign fabrication work shall be of excellent quality. All logo images and type - styles 16. Exposed junction boxes, lamps, tubing or neon crossovers of any type are not shall be accurately reproduced. permitted. ARCHITECTURAL �T == °` °D�Ea CONSORTIUM L.L.C. `�LJ SHINGLE CREEK CROSSING SIGN CRITERIA DMYM BY� ES 1p 901 North 3rd Street 6124364030 GATLIN DEVELOPMENT COMPANY BROOKLYN CENTER MN SCALE: N.T.S. SC -1.2 Minneapolis, MN 55401 Fax 612 -692 -9960 , Architectural Consortium, L.I.C. 2010 i • � SHINGLE CREEK CROSSING SIGN PROGRAM D. SHOP TENANTS SIGNAGE SPECIFICATIONS: The intent of this criteria is to encourage creativity to ensure the individuality of In order to allow creativity and artistic designs, ascending and descending each tenant sign as opposed to similar sign design, construction, and colors shapes will be allowed to extend up to 25% beyond the envelope limits provided repeated throughout the project. Signs must be architecturally compatible with that the overall allocated square footage is not exceeded. In other words, these the entire center. areas have to be calculated individually. The following types of construction will be allowed: Ascender Acrylic face channel letters Through face and halo channel letters t Reverse pan channel letters Skeleton neon behind flat cut out shapes and letters. Open pan channel letters (Only in an artistic letter style / font) Push thru letters and logos in aluminum cabinets Flat cut out dimensional shapes and accents Descender Metal screen mesh accents Exposed skeleton neon accents Ascender: (The part of the lowercase letters, such as b, d, and h. that The idea of using dissimilar materials and creating signs with extends above the other lowercase letters). varying colors, layers and textures will create an exciting and Descender: (The part of the lowercase letters, such as g, p, and q, that extends appealing retail environment. below the other lowercase letters). PaD,EDr NUIKR ARCHITECTURAL SHINGLE CREEK CROSSING SIGN CRITERIA (m SSUED D F: CONSORTIUM L.L.C. ` ` 1 1L ) CHECKED BY, 901 North 3rd Street 6124364030 GATLIN DEVELOPMENT COMPANY S C- 1 .3 Minneapolis, MN 55401 Fax 612- 692 -9960 BROOKLYN CENTER, MN SCALE: N.T.S. Architectural Consortium, L.L.C. 2010 SHINGLE CREEK CROSSING SIGN PROGRAM E. P ROHIBITED SIGNS: 1. Signs constituting a Traffic Hazard 8. Light Bulb Strings: No person shall install or maintain, or cause to be installed or maintained, any sign External displays, other than temporary decorative holiday lighting which which simulates or imitates in size, color, lettering or design any traffic sign or signal, consists of unshielded light bulbs are prohibited. An exception hereto may be granted or which makes use of the words "STOP ", "LOOK ", "DANGER" or any words, upon review and at the sole discretion of the Landlord. phrases, symbols, or characters in such a manner as to interfere with, mislead or confuse traffic. 9. Banners, Pennants & Balloons Used for Advertising Purposes: Temporary flags, banners, or pennants a combination of same constitutin an s P 2. Signs in Proximity to Utility lines: architectural feature which is an inte a! art of the design character of pra!ec may Signs which have less horizontal or vertical clearance from authorized be permitted subject to Municipal Code requirements, landlord's, and City pproval. communication or energized electrical power lines that are prescribed by the IO.Biliboard Signs are not permitted. applciable laws and or code are prohibited. 11. The use of permanent "sale" sign is prohibited. The temporary use of these signs are limited to a thirty -day period and is restricted to signs affixed to the interior 01 3. Painted letters will not be permitted. windows which do not occupy more that 20% of the window area. Each business is permitted a total of not more than ninety (90) days of temporary window sale signs per 4. Wall signs may not prole t above the top of a parapet, the roof line at the wall, or calendar year. roof line. 12. No cabinet construction only allowed. 5. There shall be no signs that are flashing moving or audible. F. ABANDONMENT OF SIGNS: 6. No sign shall project above or below the sign -able area. The sign -able area is delined in the attached Exhibit for major and shop tenants. Any tenant sign left after thirty (30) days fram vacating premises shall become the property of Landlord. 7. vehicle Signs: G. IN SPECTION: Signs on or affixed to trucks, automobiles, trailers, or other vehicles which are used to — -- advertise, identify, or provide direction to a use or activity not related to its lawful Landlord reserves the right to hire an independent electrical engineer at the Tenant's activity are prohibited. sole expense to inspect the installation of all Tenant's signs. Pa DECiN "MaEa. ARCHITECTURAL � SHINGLE CREEK CROSSING SIGN CRITERIA = "` °°"' ` DMNT! By ES 1U CONSORTIUM L.L.C. ­°• ' 901 North 3rd Street 6124364030 GATLIN DEVELOPMENT COMPANY S C -1 .4 Minneapolis, MN 55401 Fax 612-692-9960 BROOKLYN CENTER, MN SCALE: N.T.S. Architectural Consortium, L.L.C. 2010 r i • SHINGLE CREEK CROSSING SIGN PROGRAM <' PIT U RNS 5" RETURNS / INSJb'PE60inYAU IN SECTION A K / J /' NSTALI I INTOP WIIHD -V4 k7.11x'SCREWS M ANC + R( NEW SINGLE FACED INTERNALLY ILLUMINATED LEXAN FACED CHANNEL LETTER DISPLAY A M,NII,AFHANNn INrpptpsr ANC RS S T ¢s ALUMINUM CHa NEJfI — {� O EKPANS[ON SIIIFLDSIEACH LETTER] -1IBX R' I AGSINTD i %PA NSIOh SH +EIDS LIB %7' IAGB INFO [ XPANSION SHIELDS USE STANDARD ALUMINUM CONSTRUCTION WITH MATHEWS (OR EQUIVALENT) SEMI GLOSS ALUMI.LUMRACL WAY 1¢IM -CAP LVMIe1VM lACI WAv ACRYLIC POLYURETHANE FINISH, FACES USE TRANSLUCENT LEXAN WITH 3/4" TRIM CAP. - GTO -JS Wlaf L[ypN BPC %UP GIO 15WIRE SIANOCa0 GI a555TAND IAANSfDRMER TRANSfORASER ILLUMINATE WITH 30 ma NEON OR LED LAMPING WHERE APPROPRIATE, PAINT RETURNS 4(Rl'fIC EACF " IL£AR IFXAN BACKS pISC ONNECT SW]ICN NEDNTUBF DISCONNECTSLS'11CH NEON TUBE Co NDU1TW•GIOINSIDE FIE CTRDBIT5 SECTION B WEEPHOOS P-KHOUSING WEEPHOLES S1JI• CONDUIT IHRu%t FACIA _ FACIA —. NEW SINGLE FACED ILLUMINATED WALL DISPLAY USE FLAT CUT OUT 0.090 ALUMINUM _SFCIIGNO SECTION A SIGN TO BE UL &PRROVED AND BEAR 111 LABEI GRAPHICS WITH NEON OR LED AS APPROPRIATE BEHIND, PAINT ALUMINUM MATTHEWS (OR SIGN TO BE UL APPLIMEn -40 BEAR UI LABEL REVERSE PAN CHANNELS EQUIVALENT) SEMI GLOSS ACRYLIC POLYURETHANE,USE NEON WITH PK TYPE HOUSINGS. LEXAN FACED CHANNEL LETTERS THROUGH FACE AND HALO ILLUMINATION PK HOUSINGS A• RETURNS IAGSLNTO EXPANSION SHIELDS SECTION C ye'PEG011 —It _ �— - AAETAIRA(EWAY IN5T0.11 YJRNS- II {'X 7 -1 /2'SCCFWS NEW SINGLE FACED INTERNALLY ILLUMINATED LEXAN FACED CHANNEL LETTER DISPLAY WITH 6101S WIRE INTOEXPANSION SHIELDSIEACH LETTER) THROUGH FACE AND HALO ILLUMINATION. USE STANDARD ALUMINUM CONSTRUCTION WITH STP 0 PDGLASSSTAND TRANSfOPMFR AtUMIEIUM CHANNEL— - /B X 2 INTO EXPANSION SHIELDS MATTHEWS (OR EQUIVALENT) SEMI GLOSS ACRYLIC POLYURETHANE FINISH, FACES USE ALt— NIF CON WIGTO IMOVERE05 - DNN f %AN BACKUP Al11MINVMRACEyJAT UFONTi1R( OIJDUR /GTOINSIDE 1/Y CLEAR PLf %PUSHTHROUGN —. G TO- ISWIRE LEXAN WITH TRIM CAP, ILLUMINATE WITH 30 ma NEON OR LED WHERE APPROPRIATE P KHOUSING CLEARLEYANBACKS TRaI 5FORMFR THROUGH FACE CE AND HALO, PAINT RETURNS FASCIA OISCONNCCTSWIT(H - -- SCREWS 1N70 PLASTIC ANCHORS NE.—BE - ELECTROSITS SECTIONS WEfP HOL[S. 3 /1'CONOUItTHPU WALL SECTION D SIGN TO Ul APIROVED AND BEAR UL LABEL FACIA BE E %POSED NEON 1NPH ALL W04L W FACE OVERLAYS SECTION 1 NEW SINGLE FACED INTERNALLY ILLUMINAItD ALUMINUM FACED CHANNEL LETTER DISPLAY 5X3. 10 BE Ul APPROWID AIJD BFAR U1 LABFI WITH THROUGH FACE AND HALO ILLUMINATION. USE STANDARD ALUMINUM CONSTRUCTION REVERSE PAN CHANNELS A-RETURNS THROUGH FACE AND HALO RLUFNNATION WITH MATTHEWS (OR EQUIVALENT) SEMi GLOSS ACRYLIC POLYURETHANE FINISH. ROUTE OUT �� I. /b. PEG OFF WAIL PUSH THROUGH GRAPHICS WHERE GRAPHICS OCCUR AND BACK UP WITH LEXAN, ILLUMINATE WITH 30 ma NEON OR LED � INSTALL wTHaI a zsa,x scREws WHERE APPROPRIATE THROUGH FACE AND HALO. PAINT ALUMINUM FACE AND RETURNS. INTO PLASTIC ANCHORS ANCH 155UBlI1TFD hu7TED TlIIII O)LINSOICTION ff-SIZE AIIIr1,iNI,M CHaHNFI - - I /Bx2- lACa51NT0[XPANSIONSHIEIDS /�' 111. CAP ALUMINUM P I CEW. ­TED OZrAAIM_ / iDC PPPCOVAt SECTION E L[ %ANfA(ES 370. SWIPE SIGN RE URN TRANSFORMER DN ALUM WIRING IRACKIAU CLFAP I FXAN SACKS ED AC RYI IC SIGN FACE SAME AS "D" EXCEPT ROUTE OUT WHERE GRAPHICS OCCUR AND 05CONNICTSWIICH ENCLOSED WIRING] NFONTUBF— RECTROSITS FLUORESCE N INN E1TFR T LIGHT BAUASE T F PUSH THROUGH 1/2" CLEAR PLEX WITH APPLIED VINYL OVERLAYS. F URNISHED BYSIGIJ SHOP Nl. S STUBBED THROUGH W EEPHOIfs B1f'CONDUITIHR)"Att ANDCAUIKED BYSIGNLNSTAILEP M FACIA PAINTFDAIU FACIAL DXSU SECTION F EXTRUSION AE1011 �yD4N GOE S7Ai{FD FVGC SF SECf SFRIANT AU SIDES LCTRI11AN - NEW SINGLE FACED INTERNALLY ILLUMINATED ACRYLIC FACED CHANNEL LITTER DISPLAY K N TO GE A APPROVED AND GEAR UI IPBEI _ - SF p er^ � SIGN TO BE Ut APPRDYED AND BEAR UI LABFI USE STANDARD ALUMINUM CONSTRUCTION WITH MATTHEWS (OR EQUIVALENT) SEMI GLOSS aG ` E X `JFACED uu mATnN ASCN ACRYLIC FACED CHANNELS ACRYLIC POLYURETHANE FINISH OR BAKED ON RNISH, FACES USE TRANSLUCENT ACRYLIC ITH F L UOR EMENADON E PIASTICFORMF0 OVERSIZED ROLF FILLED O R WITH 3/4" TRIM CAP, ILLUMINATE WITH CWHO FLUORESCENT TUBES OR LED, PAINT RETURNS GRAPHICS W /SNLCONFADHESWf SECTION G TIP. D11e•1HAf ADED STUD NEW SINGLE FACED NON - ILLUMINATED WALL DISPLAY USE PLASTIC FORMED GRAPHICS, FLUSH MOUNTED SECT� SIGN 10 BE UL -ROVED -HD BEAR UL laAEl NOT "LLUMINATED PLASTIC FORMED GRAPHICS //rte PROJECT NU BEp ■ \(.( / ��, SHINGLE CREEK CROSSING o RAWN BY � "E ° ° >'� ARCHITECTURAL SIGN CRITERIA ' '. ES CONSORTIUM L.L.C. O CXED °.. M neaphlis treet FaX GATLIN DEVELOPMENT COMPANY BROOKLYN CENTER, MN SCALE: N.T.S. SC-1.5 Architectural Consortium, L.L.C. 2010 i • • TENMT C ANT TENANT N T N "T TE TENANT TENANT EN"" T E NANT C T TENANT TE NANT TENANT TENANT TENA;7T )'fin „� ,;��,�'����: - ------------ — ----- :,:" NORTH , ---- ------ — ----- ---- -------------------------- ------------- — — - --- ------ -------------- T ENANT T ENANT W N- renAN T T� EN TEN ANT N-T T T: ENEANT TENANT N 1E �T TENANT CROS51NC TENANT - ---- -- ---------- ': �I r� �� TENANT r �� TENANT TENANT V 1 � , I , I & TENANT 7 TENANT TENANT TENANT NI TENANT ARCHITECTURAL SITE SIGNAGE EXHIBIT CONSORTIUM L.L.C. CD SHIN LE CREEK CROSSING CHECKED By. �A 901 North 3rd Street 612-436-4030 GATLIN DEVELOPMENT COMPANY SE1.1 Minneapolis, M N 11401 1.K 612- 611-9%0 BROOKLYN CENTER, MN SCALE: N.T.S. Architectural Consortium, L.L.C. 201 10' -0" / INTERIOR ILLUMINATED SIGN PANEL - 13' -0^ TENANT - Tw0 -51DED - - ❑ 15 SF SIGN AREA r O fl SHINGLE CREEK CROSSING TENANT PAD TENANT MONUMENT 516N � NOTE: CORPORATE TENANT BLUE PREFIN. LOGO / 6RAPHIG5 METAL FIN ALLOWED UPON REVIEW AND o TENANT APPROVAL FROM -- INTERIOR ILLUMINATED LANDLORD 13 o " ry TENANT SIGN PANELS - 10' -0 TWO -SIDED - TENANT 312 SF SIGN AREA TENANT q TENANT TENANT TENANT TENANT INTERIOR ILLUMINATED O SIGN PANELS - p O p TENANT TWO -SIDED - v TENANT 140 5F 516N AREA I TENANT R TENANT O ;- � TENANT O v� MAJOR FREEWAY MAJOR PYLON SIGN PYLON SIGN ECTNUER. ARCHITECTURAL (m SHINGLE CREEK CROSSING SITE SIGNAGE EXHIBIT 550 EDe"�' MB `�LJ CRay.N BY ES CONSORTIUM L.L.C. CHECx W KA 901 North 3rd Street 612 - 436-4030 GATLIN DEVELOPMENT COMPANY S E 1.2 Minneopolls, MN 55401 Fax 612- 692.9960 BROOKLYN CENTER, MN SCALE: 1/8" = 1' -0" Architectural Consortium, L.L.C. 2010 TENANT SHINGLE CREEK CROSSING TENANT PAD TENANT MONUMENT 51ON TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT R' MAJOR FREEWAY MAJOR PYLON 516N PYLON 516N ARCHITECTURAL `ZLJ SHINGLE CREEK CROSSING SITE SIGNAGE CONSORTIUM L.L.C. `�LJ RENDERING CNEC EO BY __ 901 Non polis, MN 55 55 401 Fax 612 - 692 -996D n 3m 612436 -0030 Minnea GATLIN DEVELOPMENT COMPANY BROOKLYN CENTER, MN SCALE: N.T.S. S E 1 .3 Architectural Consortium, L.L.C. 2010 MAXIMUM 90016 SIZE: 1.5 SQUARE FOOT OF SIGN AREA PER LINEAR FOOT OF LEASED cn OF ADJACENT SURFACE LENGTH PREMISES, MAXIMUM OF 750 SQUARE FEET TOTAL PER ELEVATION. Z = W - l1J 2 x —� r — _ _ — _ _ _ _ _ — — _ _ _ — - MATERIALS: VARIETY OF TYPES PER SIGN CRITERIA, SINGLE TYPE OF _ J CONSTRUCTION ALLOWED U A W NCHOR TENANT W O wFr ILLUMINATION: YES LL V , O U- (y- L COPY: TENANT NAME AND OR LOGO =OU -- - - - -- -- - -- - -- - ---- - -- - -- ANCHOR TENANTS (OVER 90,000 SQUARE FEET) HEIGHT: SEVENTY PERCENT OF ADJACENT SURFACE MAXIMIUM 90% LENGTH: NINETY PERCENT OF ADJACENT SURFACE � OF ADJACENT SURFACE LENGTH TYPEFACE: CUSTOM LOGO AND TYPE OK z= w V Q J CO CUSTOM COLORS OK w o W Q SECONDARY SIGNS: YES (NOT TO EXCEED 25% OF TOTAL Q (� _ � > SECONDARY ALLOWABLE SIGN AREA) ONLY MAJOR SERVICES /DEPARTMENTS LL- L W LLJ L _ __ _ J ALLOWED. NO ADVERTISING OR SLOGANS o Q' C) Z = TYPE AND LOCATION: AS SHOWN ON ATTACHED ELEVATIONS ANCHOR TENANT SIGN EXAMPLE SECONDARY SIGN EXAMPLE o n G�tlaPG3Q4 � p(11�aPGIfi)aG� ARCHITECTURAL (m SHINGLE CREEK CROSSING ANCHOR TENANT o� ° ° ` °°°MBE0. '" `1LJ WN BY ES Io CONSORTIUM L.L.C. BUILDING SIGNAGE —EOOY 901 North 3rd Street 612 -4361030 GATLIN DEVELOPMENT COMPANY S E2.1 Mlnneapolis,MN55401 Fa =612. 692 -9960 BROOKLYN CENTER, MN SCALE : N.T.S. Architectural Consortium, L.L.C. 2010 Sign Qty Color Height Illumination Sq.Ft Total Sq.Ft A. W almart 2 White/Yellow 5' - 6" Internal 298.00 596.00 B. Market & Pharmacy 1 White 2' - 0" N/A 65.65 65.65 C. Home & Living 1 White 2' - 0" N/A 46.47 46.47 D. Outdoor Living 1 White 2' - 0" N/A 49.43 49.43 E. Pharmacy Drive - Thru 1 White 1' - 6" N/A 39.88 39.88 F, Enter 1 White 1' - 0" N/A 3.23 3.23 G. Exit 1 White 1' -0" N/A 2.34 2.34 Total Building Signage: 803.00 SIGN A SIGN D SIGN C SIGN A - SIGN B SIGN E Uft i 0 I W ' SIGN F/G a+oiaoi ARCHITECTURAL ( SHINGLE CREEK CROSSING ANCHOR TENANT D-1 " CONSORTIUM L.L.C. BUILDING SIGNAGE `IE � TI I11, 1,1 �`f��1� 901 North 3rd Street 612- 436-4030 GATUN DEVELOPMENT COMPAA'Y S E2.2 Minneapolis, MN 55401 Fax 612- 692 -9950 BROOKLYN CENTER, MN SCALE : N.T.S. Architectural Consortium, L.L.C. 2010 MAXIMUM 70% SIZE: 1.5 SQUARE FOOT OF SIGN AREA PER LINEAR FOOT OF cn OF ADJACENT SURFACE LENGTH LEASED PREMISES, MAXIMUM OF 350 SQUARE FEET TOTAL Z = W PER ELEVATION W C7 X —J, — U LLJ Q U) MATERIALS: VARIETY OF TYPES PER SIGN CRITERIA, SINGLE Q U M AJO R ILLUMINATION. NAT ON CON S TRU CTION ALLOWED YES W p W 0 L W o (� - COPY: TENANT NAME AND OR LOGO CD D MAJOR TENANTS (OVER 10,000 - 89,999 SQUARE FEET) HEIGHT: SEVENTY PERCENT OF ADJACENT SURFACE MAXIMIUM 70% t LENGTH: SEVENTY PERCENT OF ADJACENT SURFACE OF ADJACENT SURFACE LENGTH Z = W TYPEFACE: CUSTOM LOGO AND TYPE OK U(OXJ Q W Q — - - COLOR. CUSTOM COLORS OK W ED Q LLI > S -, SECONDARY SIGNS: YES (NOT TO EXCEED 25% OF TOTAL Ll- Q r W ALLOWABLE SIGN AREA) OI -- -— — o 0 U I- C/) j MAJOR TENANT SECONDARY SIGN SIGN EXAMPLE EXAMPLE - - - - - -- - _ TE-NA�1T - -- -- ---------- - - - - -- - - - - - TYPICAL MAJOR TENANT ELEVATION SCALE: 1/16" = V -0" aEn " ° "aEa ARCHITECTURAL ( SHINGLE CREEK CROSSING MAJOR TENANT ' °` °°"�' E° `I�LCJJ °.owner ¢s ° CONSORTIUM L.L.C. BUILDING SIGNAGE St 612-436-4030 Fax 612. 6929960 GATLIN DEVELOPMENT COMPANY BROOKLYN CENTER, MN SCALE : AS NOTED SE3.1 Architectural Consortium, L.L.C. 2010 - — MAXIMUM 70% cp OF ADJACENT SURFACE LENGTH slzE: ~ I - U) FRONT ELEVATION: 1.5 SQUARE FOOT OF SIGN AREA PER W X J r LINEAR FOOT OF LEASED PREMISES, - -- - -— -- - - - - -- Q — Q (q MAXIMUM OF 150 SQUARE FEET TOTAL. LLI SHOP TENANT SIGNAGE. LU LIL W O W REAR ELEVATION: 75 % OF ALLOWABLE FRONT ELEVATION 0L o X Q - L - - - - - - "- - - - - - MATERIALS: VARIETY OF TYPES PER SIGN CRITERIA to U SHOP TENANTS (UP TO 10,000 SQUARE FEET) ILLUMINATION: YES ' NOTE: ONE SIGN PER TENANT PER ELEVATION COPY: TENANT NAME AND OR LOGO HEIGHT: SIXTYFIVE PERCENT OF ADJACENT SURFACE LENGTH: SEVENTY PERCENT OF ADJACENT SURFACE TYPEFACE: CUSTOM LOGO AND TYPE OK COLOR: CUSTOM COLORS OK SECONDARY SIGNS: NO - - -, ENA_ T__; TENANT; fTEt�AN7 - - - - TENANT -- TENANT 1 TEfJANTI TENANT_; I ! I IL [764 l NI I TYPICAL SHOP TENANT ELEVATION SCALE: 1/16" = V -0" oeaEr "��Ea ARCHITECTURAL ( SHINGLE CREEK CROSSING SHOP TENANT o UE O CONSORTIUM L.L.C `�L) BUILDING SIGNAGE 901 North 3rd Street 612-436 -4030 GARIN DEVELOPMENT COMPANY S E4. 1 Minneapolis, MN 55401 Fax 612 -692 -9960 BROOKLYN CENTER, MN SCALE: AS NOTED Architectural Consortium, L.L.C. 2010 MAXIMUM 70% c� OF ADJACENT SURFACE LENGTH SIZE: 1.5 SQUARE FOOT OF SIGN AREA PER LINEAR FOOT OF z = W LEASED PREMISES, MAXIMUM OF 250 SQUARE FEET TOTAL U D Q F - _ - - - - - _ - - _ - _ - _ - - , PER ELEVATION. I Q.' I MATERIALS: VARIETY OF TYPES PER SIGN CRITERIA, SINGLE LaL U V w I PAD TENANT I TYPE OF CONSTRUCTION REQUIRED. O LL Of L _ - - ILLUMINATION: YES O U — - - - - - - - - - - - CD (n COPY: TENANT NAME AND OR LOGO " NOTE: TYP. ONE SIGN MAX. PER ELEVATION FOR SINGLE USER. HEIGHT: SIXTY FIVE PERCENT OF ADJACENT SURFACE OTHERS UPON REVIEW AND APPROVAL BY LANDLORD LENGTH: SEVENTY PERCENT OF ADJACENT SURFACE TYPEFACE: CUSTOM LOGO AND TYPE OK COLOR: CUSTOM COLORS OK SECONDARY SIGNS: NO TYPICAL SIGN TYPICAL SIGN EXAMPLE EXAMPLE -------------------- - - - - -- M E I W� TENANT I m mm 1 11 1 1 Rj�— ' — # -1- -M 16tO1B01 ARCHITECTURAL � SHINGLE CREEK CROSSING PAD TENANT I SSUED rL U 4D CONSORTIUM L.L.C. BUILDING SIGNAGE ° " EOeH Minneapols�MN 55401 Fax 612- 6929960 GATLIN DEVELOPMENT COMPANY BROOKLYN CENTER, MN SCALE: AS NOTED SE5.1 Architectural Consortium, L.L.C. 2010 Walmart Brooklyn CenterjON Issued April 05, 2011 From S-- 10 sw.ft— __ i�lal�(9t � �itl7fih15'/ iVl�t n Lb In. �- _ — _ —fin l • `— __ - ' .: �._ - _ � n zz _ Walmart April 05, 2011 BrooklynCentei,NIN Perspectives 2 Flom Saenre ro Sniunons a -411 rD i it 1 o , J i _ co n I �• ISM 77 loom ` w i - �+ ih4h�i� SHOWN 4 d�h4�hd� all N Z N ' W I 1 'I — — u n April 05, 2011 Brooklyn Cente ,(ON Perspectives 4 �r;�" Walmart -F—... From Sce-e to SoluPms � 1 I �, ,4 • �n I a 1211 , S�I� /�/� o 1 a 1 .. ...........!._� . .. r . I I I I i j t I r►� I I j + N • T Y •pWNOUlF iUf iNElMItE]EONtETNLc 'IIFD tA'U! E I WY OIF RtsOO1MOO] MlIW xEiU luF CEMEA 9 ETU+ FIFlsx]Rl MehE ME+1NSrrtD ocuv fF NMOIEaF EEN !U Ir uNtNOt lrai5t Mr znara+F.DMUSS 1 r dd s , q Ywwl. , N,a11n nsr�N rwns, CUtiunEO Si o NE atEUO er D�oWSn.F c,nT.wECS»NE lv o,OCls*LE lIEND'tr EOYILMTLF tGW .✓.ivnEC STa,E O. Fit)nt Fleva(icn 9FYF F/rCE —RED SW WV5 >NEGlTFnNEt — STMNEL Casa FU,E� ']WSm INrtGlUir coiWFD El RED tiv,.N ,M1ro DN otmlN FNCE'cFMN lIIFF IEON tD� - FwaD�� r - - - - -T— .�ND LEN�lra�lT� !. �E Rear M- vaticn CU 71 _- Walmart �- -- Q7 ; April 05, 2011 Brooklyn Center,i\ Elevations 6 Fm S.e rD EIEe 6n lliE aRE{.bi¢ RREL.�I RSNEE iRE{N1 VIUrE1 FRE -Cw5T P.4uEl 'DN. cREEM METK RNG WRBW euEi rMrotEDri .�•REOERVUf eVfE,Y�rEd! 'RFDEFru! ! ERe1Ee•ixicDRNe4DM r L . .= - . =1V etFNO'ev0rC[RSrtE L �ai�[rvo R� F. Right I- Ievaiion RED ellvui FRE {„ei ew¢y RED BRVNr EE WtcREER NF NYp�ECN RREWeRVi , ' GE RA IIIr� 'RED t R ��eUEi. mill aMENRDE e�Frio ev D�pcRSilE �� Sign Qty Color Height Illumination Sq.Ft Total Sq.Ft Walmart 2 White 5' -6" Internal Spark 2 Yellow 8' -0" Internal 298.00 596.00 Outdoor Living 1 White 2' -6" N/A 77.24 77.24 Market & Pharmacy 1 White 2' -6" N/A 102.58 102.58 Home & Living 1 White 2' -6" N/A 72.62 72.62 Pharmacy Drive -Thru 2 White 1' -6" N/A 39.88 79.76 Total Building Signage: 928.20 Walmart April 05, 2011 I Brooklyn Centel, FO [A Elevations 7 F,pm Sae ^ce fo CDIUl�OnS � Member Kuykendall introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2011 -07 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -009 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) WHEREAS, Planning Commission Application No. 2011 -009 submitted by Loren Van Der Slik (For Gatlin Development Company) proposes a Planned Unit Development (PUD) to allow the following changes to the Brookdale redevelopment plan: 1. The demolition of approximately 750,000 sq. ft. of the mall including the former JC Penny's, Mervyn's, Macy's and Midas stores. 2. The renovation of approximately 123,242 sq. ft. of the mall located north of Sears with architectural changes to provide exterior identity and access while maintaining an indoor mall component. 3. The planned development of a 402,489 sq. ft. community shopping center /town center that includes a major anchor retailer with groceries, three junior box retailers, six restaurant pad sites, and four multi - tenant retail /service buildings. 4. The day- lighting of Shingle Creek and enhancements to on -site storm water management, landscaping and lighting. WHEREAS, Resolution No. 99 -37, established a PUD /C -2 zoning classification for the Brookdale properties on March 8, 1999 and included the following modifications to the development standards for the redevelopment of the Brookdale Planned Unit Development: a) Allowed a 5 ft. rather than 15 ft. green strip at certain locations with a 3 to 3 1 /2 ft. decorative masonry wall. b) Allowed 4.5 parking spaces per 1,000 sq. ft. of gross leasable area. c) Allowed 60 ft. wide parking dimensions for standard 90 degrees parking and aisle width. d) Allowed two freestanding signs up to 320 sq. ft. - in area along Hwy 100. e) Allowed an increase of 15 percent to 20 percent restaurant use without requiring additional parking; and, WHEREAS, Exhibit A, attached to this resolution identifies the - commercial uses and intensity of development included in the 1999 PUD application and references the 2004 PUD amendment for a Dairy Queen Chill & Grill, and the 2007 PUD amendment involving the demolition of the Mervyn's site and construction of a 184,000 sq. ft. Super Walmart; and WHEREAS, the applicant has provided the following PUD plans and exhibits, which provide the framework for this Town Center redevelopment to be known as Shingle Creek Crossing: 1 Master Plan, Site Plan, Phasing Plan, Existing Grading Exhibit, Proposed Grading Plan, Storm Sewer Plan, Water Utility Plan, Sanitary Sewer Plan, Lighting (Photometric) Plan, Landscaping Plan, Circulation Exhibit, Major Access Routes, Exterior Building Elevations, Shingle Creek Exhibits for Day- Lighting / Water Features / Bridge Elevation, rendering of the development, Roadway Cross Sections, Signage Program, and Daylighting Shingle Creek Framework Plan (excerpts); and WHEREAS, the proposed Planned Unit Development has been reviewed and found to meet the following PUD criteria for approval: 1. The plan is compatible with the standards, purposes and intent of the PUD ordinance; 2. The plan is consistent of the plan with the goals and policies of the Comprehensive Plan; 3. The plan will positively influence /impact the neighborhood in which it is to be located; and 4. The plans and exhibits demonstrates the adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. WHEREAS, the Planning Commission held a duly called public hearing on April 28, 2011, whereby a staff report and public testimony regarding the Planned Unit Development were received; and WHEREAS, the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received and the provisions of the Planned Unit Development ordinance contained in Section 35 -355 and the City's Comprehensive Plan; and NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -009 referencing the Shingle Creek Crossing Planned Unit Development proposal and application submitted by Loren Van Der Slik (for Gatlin Development Company) be approved in light of the following considerations: 1. The Planned Unit Development proposal is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance and will allow for the redevelopment of a significant portion of the Brookdale Regional Mall site which is considered to be vital to the stabilization of other commercial properties within the community. 2 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The Planned Unit Development proposal is considered compatible with the City's Comprehensive Plan for this area of the city. 4. The Planned Unit Development appears to be a good utilization of the property under consideration and the Shingle Creek Crossing redevelopment and is considered to be an asset to the community. .5. The utilization of the property as proposed under the Planned Unit Development proposal will conform with city ordinance standards for the most part with the exception of the following allowed variations from the zoning ordinance which are considered reasonable standards to apply to this proposal: A. Allow 5 ft. rather than 15 ft. green strips at certain locations where an appropriate 3 to 3 1 /2 ft. high decorative masonry wall shall be installed to offset negative effects along Xerxes Avenue. B. Allows a reduction in the 15 foot parking setback and 35 foot i building setback along Bass Lake Road to offset the dedication of additional right of way for the trail improvements to replace the current trail easements. C. Allow 4.5 parking spaces per 1,000 sq. ft. of gross leasable retail area and 10 per 1,000 sq. ft. of restaurant area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area and one per two seats and employee on a major shift for restaurants. D. Allow the 60 ft. wide parking dimension standard for 90 degree parking rather than the 63 ft. and a 52.5 ft wide parking dimension for 60 degree parking rather than the 57 ft. E. Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 and two Town Center identification signs (one additional) along Bass Lake Road and one Town Center identification sign on Xerxes Avenue. F. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. 3 BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that approval of the proposed. Shingle Creek Crossing Planned Unit Development referenced under Application No. 2011 -009 be subject to the following conditions and considerations: 1. Final site plan review by the Planning Commission and approval by the City Council in accordance with Section 35 -230 Plan Approval of the Zoning Ordinance to include but not necessarily limited to parking, building placement, access, internal circulation, pedestrian walkways, site lighting, landscaping, utility connections, architectural treatment, and building signage. 2. Final review and approval of architectural review guidelines and standards of the Planned Unit Development Plans and Exhibits. The approvals of these architectural guidelines shall include building materials identified as either Class I and Class II materials, as noted in the April 28, 2011 Planning Information Report, and may include an architectural panel acceptable to both City Staff and the Developer. 3. Any and all new building(s) illustrated on the PUD conceptual plans shall be subject to review and approval under separate Site and Building Plan application consideration, except for the Walmart facility which is subject to separate approvals and conditions under Application No. 2011 -009 and referenced herein. 4. Since specific users with the PUD other than Walmart, Applebees and Kohl's have not yet been identified, it can. be anticipated that some restaurant and retail building pads will be different from the submitted PUD conceptual plans. Modifications to the conceptual PUD plan shall be allowed as long as 4.5 parking spaces per 1,000 sq. ft. of gross leasable retail. area and 10 per 1,000 sq. ft. of restaurant area is provided. Drive- thru's that are currently not identified on the PUD conceptual plans shall require a PUD Amendment. 5. The applicants shall revise the walkways leading into this site from 5 -ft. widths to 6 -foot walkways. 6. The applicant shall install additional bollard /pedestal style lights along the walkway edges, or wall mount, downcast style lighting along the front edges of those buildings that abut internal sidewalks. 7. A walkway from the Xerxes Ave. entry be installed along the northerly portion of this east /west access roadway to complete the connection over to the main north/south roadway. 4 8. The walkway to be installed in front of Buildings P and Q shall be included in the Phase I plans. 9. Any outside trash disposal facilities shall match the building materials of the new buildings and appropriately screened from view. All facilities shall be subject to final City review and approvals as part of any future Site /Building Plan consideration. 10. Review and approval of storm water management and drainage conceptual improvements by Shingle Creek Watershed Management Commission with final approval before the issuance of demolition and building permits. 11. eview and approval of the proposed intersection improvements at Shingle Creek Parkway and Bass Lake Road by Hennepin County. 12. Review and approval of the necessary grading plans, water and sanitary sewer utility plans, storm water management and erosion control plans, and intersection designs by the City Engineer as a condition to the issuance of permits for construction, grading, or demolition. 13. The applicant shall show and dedicate easements for all existing and proposed trails and streetscape improvements illustrated on the PUD Plans. Easements shall be subject to final City review and approval conditions of the Preliminary Plan (Plat) and Final Plat. 14. Updated plans and amendments will be subject to final City review and approval conditions of the Preliminary Plan. 1.5. A building permit shall not be issued for the building to be constructed on Lot 2, Block 1, identified as Building N, until either: a. Applicant and Sears execute and record an agreement creating a cross - access easement over and across Lot 2, Block 1 and the Sears Property to accommodate commercial truck loading areas; or b. The Applicant submits an application for and the City approves an amendment to the site plan reconfiguring said Building N in the manner that eliminates the need for a cross- access easement with Sears. 16. The final placement and installation of any sign shall be subject to final City review and approvals consistent with the approved Shingle Creek Crossing PUD Sign Program (plans). 17. Any updates or major (significant) changes to the proposed Shingle Creek Daylighting Plan and /or its related water features and amenities shall be subject to separate consideration and final City review and approvals in 5 conjunction with a PUD Amendment and Preliminary /Final Plat • application. 18. The applicant shall enter into a PUD development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney. Said agreement shall acknowledge the various modifications to City ordinances, the PUD requirements for site plan review, the framework of the PUD Develo ment Plans and Exhibits), cross parking and access ( p ) p agreements, responsibilities for private infrastructure and roadways and conditions of approval to assure compliance with the approved development plans. p p AND WHEREAS, Planning Commission Application No. 2011 -009 submitted by Loren Van Der Slik (for Gatlin Development Company) also proposes a Site and Building Plan approval allowing the construction of a new 181,943 sq. ft. Walmart retail store with outdoor parking facilities, garden center, drive -thru pharmacy and related site improvements, along with the Phase I improvements as indicated in the Shingle Creek Crossing Conceptual Development Plans; and WHEREAS, the applicant has provided the Site and Building Plans for the new • 181,943 sq. ft. Walmart retail store with outdoor parking facilities, garden center, drive -thru pharmacy and related site improvements, which include the following: Cover Sheet; Preliminary Plat; Erosion Control Plans; Demolition Plans; Utility Sequence Plans; Site Plans and Site Details; Grading and Drainage Plans and Details; Trail Plan and Profiles; Utility Plans; Lift Station Details; Public Utility Plans and Profiles; Photometric Plans; Typical Sections; Landscape Plans and Details; and WHEREAS, the Planning Commission finds that the Site and Building plans for the proposed Walmart facility and property are consistent with the General Development Plans of the proposed Shingle Creek Crossing Planned Unit Development noted herein. AND BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that approval of a proposed Site and Building Plan and Phase I improvements as indicated in the Shingle Creek Crossing Conceptual Development Plans and as referenced under Application No. 2011 -009 be subject to the following conditions and considerations: 1. Final site plan review by the Planning Commission and approval by the City Council in accordance with Section 35 -230 Plan Approval of the Zoning Ordinance to include but not necessarily limited to parking, building placement, access, internal circulation, pedestrian walkways, site 6 • lighting, landscaping, utility connections, architectural treatment, and building signage. 2. Landscape islands or similar breaks in the mid- points or various points throughout the Walmart dedicated parking lot shall be installed. 3. The applicant shall provide details for the proposed "recycling area" to the rear of the Walmart facility as part of the final site plan approvals. 4. The proposed dual drive -thru window layout with criss -cross access for the Walmart store shall be further reviewed to ensure adequate, safe operation. This drive -thru layout will be subject to final City review and approvals as a condition of the site plan approval. Date C air P o Tem ATTEST: %1 Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Schonning and upon vote being taken thereon, the following voted in favor thereof. Chair Sean Rahn, Commissioners Kara Kuykendall, Rachel Morey and Stephen Schonning and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. Planning Commission Resolution No. 2011 -06 Exhibit A On March 8, 1999, the City Council accepted the Planning Commission recommendation and adopted Resolution No. 99 -37 which approved the Planned Unit Development/Rezoning application to change the zoning of the Brookdale Mall properties from C -2 (Commerce) District to PUD /C -2. The 1999 PUD development plans provided for the expansion, redevelopment and rejuvenation of Brookdale Center and included the following components: - the reconfiguration of the west end of the mall to include an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat movie theater; - a 13, 200 sq. ft. addition to the north entrance to the mall for two restaurant sites and a new food court; - 13,000 sq. ft. addition for general retail use and revised entry way along the southerly side of the complex; - a 4,650 sq. ft. freestanding Applebee's restaurant; and - conceptual approval for three other buildings shown on the plan as buildings No. 3 (west of the Northway entrance onto Bass Lake Road) and 4 and 5 ( adjacent to the eastern entrance service road), subject to review and approval in the form of a PUD amendment by the Planning Commission and City Council; and the following PUD adjustments to the C -2 development standards were part of the 1999 PUD Development Plan: - Allowed a 5 ft. rather than 15 ft. green strip at certain locations with a 3 to 3 1 /2 ft. decorative masonry wall. - Allowed 4.5 parking spaces per 1,000 sq. ft. of gross leasable area. - Allowed 60 ft. wide parking dimensions for standard 90 degrees parking and aisle width. - Allowed two freestanding signs up to 320 sq. ft. in area along Hwy 100. - Allowed an increase of 15 percent to 20 percent restaurant use without requiring additional parking. On July 26, 2004 the City Council accepted the Planning Commission recommendation on a PUD amendment for a 4,195 sq. ft. Dairy Queen Grill and Chill restaurant on the site referenced as Building 3 (west of the Northway entrance onto Bass Lake Road.) That proposed development did not proceed and site remained an overflow parking area. On August 27, 2007, the City Council accepted the Planning Commission recommendation and adopted Resolution No. 2007- 112, which approved an amendment to the PUD involving the demolition of the former Mervyn's (Donaldson's) Department Store to facilitate the construction of an 184,600 sq. ft. Walmart Super Center. The proposal involved the creation of a 14.27 acre lot and involved the closure of the Northway intersection (Mall entrance). 8 Planning Commission Resolution No. 2011 -06 Exhibit A On August 27, 2007, the City Council accepted the Planning Commission recommendation and adopted Resolution No. 2007- 112, which approved an amendment to the PUD involving the demolition of the former Mervyn's (Donaldson's) Department Store to facilitate the construction of an 184,600 sq. ft. Walmart Super Center. The proposal involved the creation of a 14.27 acre lot and involved the closure of the Northway intersection (Mall entrance). The proposed development was legally challenged by Sears under the terms and conditions of the Master Operating Agreement for the Brookdale Center and subsequently the application was withdrawn. In 2008 -09, the Brookdale Mall properties were turned back to the lender, formal foreclosure proceedings occurred, the General Operations Agreement for the Mall expired, and the new property owner, Capmark Financial, retained a commercial real estate company to market the property. In 2010, Gatlin Development Company acquired the Macy's Site (former Dayton's lot) and entered into agreements with Capmark Financial to acquire the balance of the Mall, excluding the Sear's and Midas lots. In March 2011, Gatlin Development acquired the rights to the Midas parcel property, thereby securing its right to add said parcel into the PUD Amendment application. 9 Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -009 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) WHEREAS, Planning Commission Application No. 2011 -009 submitted by Loren Van Der Slik (For Gatlin Development Company) proposes a Planned Unit Development (PUD) to allow the following changes to the Brookdale redevelopment plan: 1. The demolition of approximately 750,000 sq. ft. of the mall including the former JC Penny's, Mervyn's, Macy's and Midas stores. 2. The renovation of approximately 123,242 sq. ft. of the mall located north of Sears with architectural changes to provide exterior identity and access while maintaining an indoor mall component. 3. The planned development of a 402,489 sq. ft. community shopping center /town center that'includes a major anchor retailer with groceries, three junior box retailers, six restaurant pad sites, and four multi - tenant retail /service buildings. 4. The day- lighting of Shingle Creek and enhancements to on -site storm water management, landscaping and lighting. WHEREAS, Resolution No. 99 -37, established a PUD /C -2 zoning classification for the Brookdale properties on March 8, 1999 and included the following modifications to the development standards for the redevelopment of the Brookdale Planned Unit Development: a) Allowed a 5 ft. rather than 15 ft. green strip at certain locations with a 3 to 3 1 /2 ft. decorative masonry wall. b) Allowed 4.5 parking spaces per 1,000 sq. ft. of gross leasable area. c) Allowed 60 ft. wide parking dimensions for standard 90 degrees parking and aisle width. d) Allowed two freestanding signs up to 320 sq. ft. in area along Hwy 100. e) Allowed an increase of 15 percent to 20 percent restaurant use without requiring additional parking; and, WHEREAS, Exhibit A, attached to this resolution identifies the commercial uses and intensity of development included in the 1999 PUD application and references the 2004 PUD amendment for a Dairy Queen Chill & Grill, and the 2007 PUD amendment involving the demolition of the Mervyn's site and construction of a 184,000 sq. ft. Super Walmart; and WHEREAS, the applicant has provided the following PUD plans and exhibits, which provide the framework for this Town Center redevelopment to be known as Shingle Creek Crossing: 1 Master Plan, Site Plan, Phasing Plan, Existing Grading Exhibit, Proposed Grading Plan, Storm Sewer Plan, Water Utility Plan, Sanitary Sewer Plan, Lighting (Photometric) Plan, Landscaping Plan, Circulation Exhibit, Major Access Routes, Exterior Building Elevations, Shingle Creek Exhibits for Day- Lighting / Water Features / Bridge Elevation, rendering of the development, Roadway Cross Sections, Signage Program, and Daylighting Shingle Creek Framework Plan (excerpts); and WHEREAS, the proposed Planned Unit Development has been reviewed and found to meet the following UD criteria for approval: g Pp 1. The plan is compatible with the standards, purposes and intent of the PUD ordinance; 2. The plan is consistent of the plan with the goals and policies of the Comprehensive Plan; 3. The plan will positively influence /impact the neighborhood in which it is to be located; and 4. The plans and exhibits demonstrates the adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. WHEREAS, the Planning Commission held a duly called public hearing on April 28, 2011, whereby a staff report and public testimony regarding the Planned Unit Development were received; and WHEREAS, the Planning ommission considered the Planned Unit Development g p Amendment request in light of all testimony received and the provisions of the Planned Unit Development ordinance contained in Section 35 -355 and the City's Comprehensive Plan; and WHEREAS, the Planning Commission recommended approval of Application No. 2011 -009 by adopting Planning Commission Resolution No. 2011 -07 on April 28, 2011; and WHEREAS, the City Council considered the Planned Unit Development rezoning and in light of all testimony received, the guidelines and standards for evaluating this rezoning contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance and complies with the goals and objectives of the City's 2030 Comprehensive Plan and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -009 referencing the Shingle Creek Crossing Planned Unit Development proposal and application submitted by Loren Van Der Slik (for Gatlin Development Company), be approved based upon the following considerations: 2 1. The Planned Unit Development proposal is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning. Ordinance and will allow for the redevelopment of a significant portion of the Brookdale Regional Mall site which is considered to be vital to the stabilization of other commercial properties within the community. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The Planned Unit Development proposal is considered compatible with the City's Comprehensive Plan for this area of the city. 4. The Planned Unit Development appears to be a good utilization of the property under consideration and the Shingle Creek Crossing redevelopment and is considered to be an asset to the community. 5. The utilization of the property as proposed under the Planned Unit Development proposal will conform with city ordinance standards for the most part with the exception of the following allowed variations from the zoning ordinance which are considered reasonable standards to apply to this • proposal: A. Allow 5 ft. rather than 15 ft. green strips at certain locations where an appropriate 3 to 3 1 /2 ft. high decorative masonry wall shall be installed to offset negative effects along Xerxes Avenue. B. Allows a reduction in the 15 foot parking setback and 35 foot building setback along Bass Lake Road to offset the dedication of additional right of way for the trail improvements to replace the current trail easements. C. Allow 4.5 parking spaces per 1,000 sq. ft. of gross leasable retail area and 10 per 1,000 sq. ft. of restaurant area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area and one per two seats and employee on a major shift for restaurants. D. Allow the 60 ft. wide parking dimension standard for 90 degree parking rather than the 63 ft. and a 52.5 ft wide parking dimension for 60 degree parking rather than the 57 ft. E. Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 and two Town Center identification signs (one additional) 3 0 along Bass Lake Road and one Town Center identification sign on Xerxes Avenue. F. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. BE IT FURTHER RESOLVED by the City Council that approval of the proposed Shingle Creek Crossing Planned Unit Development referenced under Application No. 2011 -009 be approved and subject to the following conditions and considerations: 1. Final site plan review by the Planning Commission and approval by the City Council in accordance with Section 35 -230 Plan Approval of the Zoning Ordinance to include but not necessarily limited to parking, building placement, access, internal circulation, pedestrian walkways, site lighting, landscaping, utility connections, architectural treatment, and building signage. 2. Final review and approval of architectural review guidelines and standards of the Planned Unit Development Plans and Exhibits. The approvals of these architectural guidelines shall include building materials identified as . either Class I and Class 11 materials, as noted in the April 28, 2011 Planning Information Report, and may include an architectural panel acceptable to both City Staff and the Developer. 3. Any and all new building(s) illustrated on the PUD conceptual plans shall be subject to review and approval under separate Site and Building Plan application consideration, except for the Walmart facility which is subject to separate approvals and conditions under Application No. 2011 -009 and referenced herein. 4. Since specific users with the PUD other than Walmart, Applebees and Kohl's have not yet been identified, it can be anticipated that some restaurant and retail building pads will be different from the submitted PUD conceptual plans. Modifications to the conceptual PUD plan shall be allowed as long as 4.5 parking spaces per 1,000 sq. ft. of gross leasable retail area and 10 per 1,000 sq. ft. of restaurant area is provided. Drive - thru's that are currently not identified on the PUD conceptual plans shall require a PUD Amendment. 5. The applicants shall revise the walkways leading into this site from 5 -ft. widths to 6 -foot walkways. 4 6. The applicant shall install additional bollard /pedestal style lights along the walkway edges, or wall mount, downcast style lighting along the front edges of those buildings that abut internal sidewalks. 7. A walkway from the Xerxes Ave. entry be installed along the northerly portion of this east /west access roadway to complete the connection over to the main north/south roadway. 8. The walkway to be installed in front of Buildings P and Q shall be included in the Phase I plans. 9. Any outside trash disposal facilities shall match the building materials of the new buildings and appropriately screened from view. All facilities shall be subject to final City review and approvals as part of any future Site /Building Plan consideration. 10. Review and approval of storm water management and drainage conceptual improvements by Shingle Creek Watershed Management Commission with final approval before the issuance of demolition and building permits. 11. eview and approval of the proposed intersection improvements at Shingle Creek Parkway and Bass Lake Road by Hennepin County. 12. Review and approval of the necessary grading plans, water and sanitary sewer utility plans, storm water management and erosion control plans, and intersection designs by the City Engineer as a condition to the issuance of permits for construction, grading, or demolition. 13. The applicant shall show and dedicate easements for all existing and proposed trails and streetscape improvements illustrated on the PUD Plans. Easements shall be subject to final City review and approval conditions of the Preliminary Plan (Plat) and Final Plat. 14. Updated plans and amendments will be subject to final City review and approval conditions of the Preliminary Plan. 15. A building permit shall not be issued for the building to be constructed on Lot 2, Block 1, identified as Building N, until either: a. Applicant and Sears execute and record an agreement creating a cross - access easement over and across Lot 2, Block 1 and the Sears Property to accommodate commercial truck loading areas; or b. The Applicant submits an application for and the City approves an amendment to the site plan reconfiguring said Building N in the manner that eliminates the need for a cross - access easement with Sears. 5 16. The final placement and installation of any sign shall be subject to final City review and approvals consistent with the approved Shingle Creek Crossing PUD Sign Program (plans). 17. Any updates or major (significant) changes to the proposed Shingle Creek Daylighting Plan and /or its related water features and amenities shall be subject to separate consideration and final City review and approvals in conjunction with a PUD Amendment and Preliminary/Final Plat application. 18. The following uses are not allowed either as permitted uses or special uses on the Subject Property: (a) Hospitals, medical and dental laboratories, and nursing care homes listed in Brooklyn Center City Code, Section 35- 322.1.f. (b) Contractor /construction uses listed in Brooklyn Center City Code, Section 35- 322.1.g. (c) Educational uses listed in Brooklyn Center City Code, Section 35- 322. l .h. (d) Places for religious assemblies such as chapels, churches, temples, mosques, and synagogues. (e) Funeral and crematory services. (f) Drop -in child care centers listed in Brooklyn Center City Code, Section 35- 322.1.k. (g) Gasoline service stations. (h) The sale of motor vehicles. (i) The out -of -door display on or sale of marine craft. 0) Transient lodging. (k) Animal hospitals. (1) Clubrooms and lodges. (m) School bus garage facilities. (n) Automobile and truck rental and leasing (o) Group day care facilities 19. The applicant shall enter into a PUD development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney. Said agreement shall acknowledge the various modifications to City ordinances, the PUD requirements for site plan review, the framework of the PUD (Development Plans and Exhibits), cross parking and access agreements, responsibilities for private infrastructure and roadways and conditions of approval to assure compliance with the approved development plans. AND 6 WHEREAS, Planning Commission Application No. 2011 -009 submitted by Loren Van Der Slik (for Gatlin Development Company) also proposes a Site and Building Plan approval allowing the construction of a new 181,943 sq. ft. Walmart retail store with outdoor parking facilities, garden center, drive -thru pharmacy and related site improvements, along with the Phase I improvements as indicated in the Shingle Creek Crossing Conceptual Development Plans; and WHEREAS, the applicant has provided the Site and Building Plans for the new 181,943 sq. ft. Walmart retail store with outdoor parking facilities, garden center, drive -thru pharmacy and related site improvements, which include the following: Cover Sheet; Preliminary Plat; Erosion Control Plans; Demolition Plans; Utility Sequence Plans; Site Plans and Site Details; Grading and Drainage Plans and Details; Trail Plan and Profiles; Utility Plans; Lift Station Details; Public Utility Plans and Profiles; Photometric Plans; Typical Sections; Landscape Plans and Details; and WHEREAS, the Planning Commission finds that the Site and Building plans for the proposed Walmart facility and property are consistent with the General Development Plans of the proposed Shingle Creek Crossing Planned Unit Development noted herein. WHEREAS, the Planning Commission recommended approval of Application No. 2011 -009 by adopting Planning Commission Resolution No. 2011 -07 on April 28, 2011; and WHEREAS, the City Council considered the proposed Site and Building Plan and Phase I improvements as indicated in the Shingle Creek Crossing Conceptual Development Plans and as referenced under Application No. 2011 -009, and in light of all testimony received, the guidelines and standards for evaluating this Site and Building Plan contained in Section 35 -230 of the City's Zoning Ordinance, and that said Site and Building Plan complies with the general goals and objectives of the City's 2030 Comprehensive Plan and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that Application No. 2011 -009 referencing the proposed Site and Building Plan and Phase I improvements as indicated in the Shingle Creek Crossing Conceptual Development Plans and as referenced under Application No. 2011 -009 be approved subject to the following conditions and considerations: 1. Final site plan review by the Planning Commission and approval by the City Council in accordance with Section 35 -230 Plan Approval of the Zoning Ordinance to include but not necessarily limited to parking, building placement, access, internal circulation, pedestrian walkways, site lighting, landscaping, utility connections, architectural treatment, and building signage. 7 2. Landscape islands or similar breaks in the mid - points or various points throughout the Walmart dedicated parking lot shall be installed. 3. The applicant shall provide details for the proposed "recycling area" to the rear of the Walmart facility as part of the final site plan approvals. 4. The proposed dual drive -thru window layout with criss -cross access for the Walmart store shall be further reviewed to ensure adequate, safe operation. This drive -thru layout will be subject to final City review and approvals as a condition of the site plan approval. Date Mayor ATTEST City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember 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. 8 Planning Commission Resolution No. 2011 -06 Exhibit A On March 8, 1999, the City Council accepted the Planning Commission recommendation and adopted Resolution No. 99 -37 which approved the Planned Unit Development/Rezoning application to change the zoning of the Brookdale Mall properties from C -2 (Commerce) District to PUD /C -2. The 1999 PUD development plans provided for the expansion, redevelopment and rejuvenation of Brookdale Center and included the following components: - the reconfiguration of the west end of the mall to include an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat movie theater; - a 13, 200 sq. ft. addition to the north entrance to the mall for two restaurant sites and a new food court; - 13,000 sq. ft. addition for general retail use and revised entry way along the southerly side of the complex; - a 4,650 sq. ft. freestanding Applebee's restaurant; and - conceptual approval for three other buildings shown on the plan as buildings No. 3 (west of the Northway entrance onto Bass Lake Road) and 4 and 5 ( adjacent to the eastern entrance service road), subject to review and approval in the form of a PUD amendment by the Planning Commission and City Council; and • - the following PUD adjustments to the C -2 development standards were part of the 1999 PUD Development Plan: - Allowed a 5 ft. rather than 15 ft. green strip at certain locations with a 3 to 3 '/2 ft. decorative masonry wall. - Allowed 4.5 parking spaces per 1,000 sq. ft. of gross leasable area. - Allowed 60 ft. wide parking dimensions for standard 90 degrees parking and aisle width. - Allowed two freestanding signs up to 320 sq. ft. in area along Hwy 100. - Allowed an increase of 15 percent to 20 percent restaurant use without requiring additional parking. On July 26, 2004 the City Council accepted the Planning Commission recommendation on a PUD amendment for a 4,195 sq. ft. Dairy Queen Grill and Chill restaurant on the site referenced as Building 3 (west of the Northway entrance onto Bass Lake Road.) That proposed development did not proceed and site remained an overflow parking area. On August 27, 2007, the City Council accepted the Planning Commission recommendation and adopted Resolution No. 2007- 112, which approved an amendment to the PUD involving the demolition of the former Mervyn's (Donaldson's) Department Store to facilitate the construction of an 184,600 sq. ft. Walmart Super Center. The proposal involved the creation of a 14.27 acre lot and involved the closure of the Northway intersection (Mall entrance). 9 Planning Commission Resolution No. 2011 -06 Exhibit A On August 27, 2007, the City Council accepted the Planning Commission recommendation and adopted Resolution No. 2007- 112, which approved an amendment to the PUD involving the demolition of the former Mervyn's (Donaldson's) Department Store to facilitate the construction of an 184,600 sq. ft. Walmart Super Center. The proposal involved the creation of a 14.27 acre lot and involved the closure of the Northway intersection (Mall entrance). The proposed development was legally challenged by Sears under the terms and conditions of the Master Operating Agreement for the Bro k 1 r n subsequently application was p g o da e Center and subse the a licat o g q Y pP withdrawn. In 2008 -09, the Brookdale Mall properties were turned back to the lender, formal foreclosure proceedings occurred, the General Operations Agreement for the Mall expired, and the new property owner, Capmark Financial, retained a commercial real estate company to market the property. In 2010, Gatlin Development Company acquired the Macy's Site (former Dayton's lot) and entered into agreements with Capmark Financial to acquire the balance of the Mall, excluding the Sear's and Midas lots. In March 2011, Gatlin Development acquired the rights to the Midas parcel property, thereby securing ts right to add said parcel into the PUD Amendment application. g g P pP 10 Shingle Creek Crossing DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this day of 2011, by a (hereinafter referred to as the "Declarant "); WHEREAS, Declarant is the owner of the real property described on Attachment One (hereinafter the "Subject Property"); and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the city of Brooklyn Center, Minnesota ( "City ") in connection with the rezoning of the Subject Property from the zoning classification C -2 (Commerce) to PUD /C -2 as provided in City Resolution No. 99 -37 adopted on March 8, 1999, as amended by Resolution No. 2002 -144 adopted on October 14, 2002; and WHEREAS, in connection with such rezoning, a portion of the Subject Property was encumbered by an instrument entitled Declaration of Covenants and Restrictions, dated December 9, 1999 and filed in the office of the Hennepin County Registrar of Titles on January 8, 2003 as document no. 3659543 (the "1999 Declaration "); and WHEREAS, Declarant has applied to the City for an amendment to the planned unit development ( "PUD ") for the Subject Property; and WHEREAS, the City approved Declarant's application subject to certain conditions by Resolution No. adopted on , 2011; and WHEREAS, the approval of such PUD was based on the determination by the City Council of the City that such amendment was acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the PUD amendment would not have been approved; and WHEREAS, as a condition of approval of the PUD amendment, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration "); and WHEREAS, to secure the benefits and advantages of the PUD amendment, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. Except as otherwise provided herein, the use and development of the Subject Property shall conform to the Development Plan approved by the City as shown in the following attachments, the large scale originals of which are on file with the Business and Development Department of the City: A. Development Plan/Site Plan Exhibit attached as Attachment Two B. Development Plan/Phasing Exhibit attached as Attachment Three C. Development Plan/Existing Grading Exhibit attached as Attachment Four D. Development Plan/Grading Exhibit attached as Attachment Five E. Development Plan/Storm Sewer Exhibit attached as Attachment Six F. Development Plan/Water Utility Exhibit attached as Attachment Seven G. Development Plan/Sanitary Sewer Exhibit attached as Attachment Eight H. Development Plan/Lighting Exhibit attached as Attachment Nine I. Development Plan/Landscaping Exhibit attached as Attachment Ten J. Development Plan/Circulation Exhibit attached as Attachment Eleven K. Major Access Routes — PUD attached as Attachment Twelve L. Shingle Creek Crossing Sign Program attached as Attachment Thirteen M. Typical building elevations attached as Attachment Fourteen N. Architectural design guidelines attached as Attachment Fifteen, all of which Attachments are hereby made a part hereof. Except as authorized by the City in accordance with this Declaration, no buildings or structures other than those shown on Attachment Two thru Fifteen may be erected or maintained on the Subject Property. 2. The approval of the Planned Unit Development authorizes the following variations from the requirements of the City Code applicable to C -2 uses on the Subject Properties: A. The setback from property lines to parking lot pavement (green strip) is reduced from 15 feet to 5 feet in certain locations along Xerxes Ave. and Bass Lake Road, as shown on Attachment Two. B. The setback from public right of way to buildings is reduced from 35 feet to 20 feet for Lots 7, 8, 9, 11,' 12, & 13, Block 1 to offset the dedication of additional right of way for the Twin Lake Regional Trail. C. The setback from property lines for a side yard setback is reduced from 10 feet to 6 feet for the east lot line of Lot 16, Block 1 and from 10 feet to 0 feet for the south lot line of Lot 3, Block 1. D. Required parking for a retail use is reduced from 5.5 spaces per 1000 square feet of gross floor area to 4.5 spaces per 1000 square feet o f gr oss leasable area. E. Required parking for a restaurant use is reduced from 1 space per two seats 0 and 1 space for each employee on a major shift to 10 parking stalls per 1,000 sq.ft. of gross leasable area of the restaurant use. Up to 20% of the gross leasable area in a multi- tenant retail building may be a restaurant use without such additional parking. F. The space between rows of 90 degree parking stalls is reduced from 63 feet to 60 feet and the space between rows of 60 degree parking is reduced from 57 feet to 52.5 feet. G. Two freestanding signs up to 350 sq.ft. in area are allowed along Highway 100, two freestanding signs are allowed along Bass Lake Road up to 140 sq.ft. and one freestanding sign along Xerxes Ave. up to 140 sq.ft. is allowed as development identification signs as illustrated on Attachment Two and Thirteen. 3. Site plan details of the Development Plan on a lot may be amended by site plan approval by the City Council without a PUD Amendment subject to the following limitations: A. There is no change in the lot. B. Building square footage on the lot may decrease from the area listed on Attachment Two, but may not increase. C. Development meets the C -2 Commerce District setback standards. D. Parking available on each lot for the use and structure on that lot meets the standard specified in paragraph 2. D & E. of this Declaration. E. Parking and traffic circulation on the lot is compatible with parking and circulation plans for adjacent lots and the Subject Property and there is no . change to the access route shown on the Major Access Routes shown on Attachment Twelve. F. The plan does not reduce the landscapes points for that lot shown on Attachment Ten. G. No other development that is not consistent with the Development Plan is allowed without first securing approval of a PUD amendment or change in zoning code allowing such development. 4. Land uses on the Subject Property shall be as regulated in the C -2 Commerce District, Central Commerce Overlay District and subject to the following additional limitations: A. Lots 6, 13, and 15, Blockl may only be used for eating establishments. B. The following uses are not allowed either as permitted uses or special uses on the Subject Property: 1) Hospitals, medical and dental laboratories, and nursing care homes listed in Brooklyn Center City Code, Section 35- 322.1.£ 2) Contractor /construction uses listed in Brooklyn Center City Code, Section 35- 322.1.g. 3) Educational uses listed in Brooklyn Center City Code, Section 35- 322. l .h. 4) Places for religious assemblies such as chapels, churches, temples, mosques, and synagogues. 5) Funeral and crematory services. 6) Drop -in child care centers listed in Brooklyn Center City Code, Section 35- 322.1.k. 7) Gasoline service stations. • 8) The sale of motor vehicles. 9) The out -of -door display on or sale of marine craft. 10) Transient lodging. 11) Animal hospitals. 12) Clubrooms and lodges. 13) School bus garage facilities. 14) Automobile and truck rental and leasing 15) Group day care facilities. C. No uses inconsistent with this section may be established on the Subject Property without first securing approval of a PU D e in amendment or change p rtY g pp g zoning allowing such use. 5. Lot 16, Block 1 on the Subject Property lies within the 100 year flood plain of the City and accordingly may not be filled or developed without providing approved compensating floodwater storage. 6. The Subject Property may only be developed and used in accordance with Paragraphs 1 through 5 of these Declarations unless the owner first secures approval by the City Council of an amendment to the planned unit development plan or a rezoning to a zoning classification which permits such other development and use. 7. Except as provided herein, use of the Subject Property shall conform to the regulations of the City of Brooklyn Center applicable to C -2 (Commerce) District, the CC (Central Commerce Overlay District, and City Council Resolution No. adopted on 8. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. 9. The 1999 Declaration is released and rescinded as to the Subject Property. By signature of its authorized representative on this Declaration, the City of Brooklyn Center consents to such release. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. By: Its By: Its (SEAL) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of , 2011, by the and the for and on behalf of ,a Notary Public APPROVED: CITY OF BROOKLYN CENTER By: Tim Willson, Mayor And by: Cornelius L. Boganey, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2011, by Tim Willson and Cornelius L. Boganey, the Mayor and City Manager for the City of Brooklyn Center, a municipal corporation, on behalf of the corporation. Notary Public i City Council Agenda Item No. 9b 'I COUNCIL ITEM MEMORANDUM DATE: May 18, 2011 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development C� L SUBJECT: Planning Commission Application No. 2011 -008 (1108 Brookdale Center) Recommendation: It is recommended that the City Council, following consideration of this matter, approve the Resolution Regarding the disposition of Planning Commission Application No. 2011 -008 Submitted by Loren Van Der Slik for Gatlin Development Co. for Preliminary Plat /Subdivision approval. Background: On April 28, 2011, the Planning Commission conducted a public hearing on Planning Commission Application No. 2011 -008 submitted by Loren Van Der Slik for Gatlin Development Co. for preliminary plat approval of the Brookdale Mall properties to be known as Shingle Creek Crossing. At that time, the Commission adopted Planning Commission Resolution No. 2011 -06 approving the proposed preliminary plat with certain findings and conditions. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2011 -008, an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commissions consideration of this matter and other supporting documents included in this review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans. Mission: Lnsurin; an attractive, clean safe cotrun[tnity that enhances the quality of life and preserves the public trust LOGISMap Output Page Page 1 of 1 , r; NORTHWAY DR. 6C' LU _ i ! BROOKLYN C ENTER TRR_N GTR \\ N t COUNTY ROA01U BASS LAKE R6 s r` 1 \ 4 r r � t �r a s r A VE N Y � 1 O ; r Llon spark w �_,,...• I `� ,,. y ��^' ' Csnterbraok Golicounce �f _.,, 01 _... _ 54TH AVE N I i O' tAS+ae. dwan*CWS•C -#1 SCi LOG49 GO 2MS LILAC DR..N� Planning Commission Application No. 2011 -008 Preliminary Plat of Shingle Creek Crossing Application Filed on 4 -14 -11 City_ Council Action Should Be Taken By 5 -23 -11 (60 Days) Planning Commission Information Sheet Application No. 2011 -008 Applicant: Loren Van Der Slik on behalf of Gatlin Development Company Location: Brookdale Mall Properties (Excluding Sears, Kohl's & Midas) Request: Preliminary Plat of Shingle Creek Crossing The Gatlin Development Company is requesting Preliminary Plat approval of Shingle Creek Crossing which involves the replating of the Brookdale Mall properties, excluding the Sears parcel, into 19 lots and one outlot to facilitate the phased improvements and.development of the Shingle Creek Crossing PUD. Changes to the Preliminary Plat considered by the Planning Commission on March 17, 2011, include the addition of the Midas Site, .the Kohl's site has been included and the platting of building sites for the complete development as illustrated in the Shingle Creek Crossing PUD plans. The following identifies the proposed lots, lot areas and uses as illustrated in the Shingle Creek Crossing PUD dated 4- 22 -11: Lot Area Proposed Use Proposed Building/ Parking Lot 1, Blockl 18.05 acres Walmart 181,943 sq.ft. /909 Lot 2, 2.27 " Retail — Bldg "N" 21,515 sq.ft. /97 Lot 3 11.87 Renovated Mall 123,242 sq.ft. /554 Lot 4 0.87- Applebees 4,869sq.ft./54 Lot 5 0.70 " Retail —Bldg. "J" 8,400 sq.ft./40 Lot 6 1.28 Restraurant —Bldg. "A" 8.500 sq.ft. /85 Lot 7 3.51 " Retail — Bldg. "G" 45,000 sq.ft. /204 Lot 8 1,20 Retail /Bank —Bldg. "B" 9,100 sq.ft./41 Lot 9 1.10 Retail — Bldg. "H" 11,200 sq.ft./51 Lot 10 1.19 Retail — Bldg. "K" 11,410 sq.ft. /52 Lot 11 1.44 Retail — Bldg. "C" 12,225 sq.ft./55 Lot 12 0.61 Retail — Bldg. "D" 6,175 sq.ft./28 Lot 13 1.28 Restaurant —Bldg, "E" 7,890 sq.ft. /79 Lot 14 1.19 Retail — Bldg. "L" 10,920 sq.ft./53 Lot 15 1.16 Restaurant —Bldg. "M" 7,475 sq.ft. /75 Lot 16 2.89 Retail — Bldg. "Q" 35,680 sq.ft. /164 Lot 17 2.70 ".. Retail — Bldg. "P" 29, 510 sq.ft. /133 Lot 1, Block 2 1.19 Retail — Bldg. "F" 14,000 sq.ft. /66 Lot 2 6.83 Kohl's 75,000 sq.ft. /454 Outlot A 6.86 Storm Water Pond/Creek/Entrance /Service Drive 4 -14 -11 Page 1 ZONING The property is currently zoned PUD /C -2 (Commerce District) and is within the City's Central Commerce Overlay District. City Council Resolution 99 -37 created this PUD and includes modifications to the C -2 development standards that specifically apply to the former Brookdale Prop including p � g Sears. These modifications include the following: - Parking standards for retail uses at 4.5 per 1,000 sq. ft. of gross area. - A reduction in parking setbacks along portions of Xerxes Avenue and Bass Lake Road from 15'to 5'. - A reduction in parking dimension for 90 degree stalls and aisle width (w /o curb overlap) from 63' to 60'. - Allowed two freestanding signs up to 320 sq. ft. in area along Hwy 100. - Allowed an increase from 15% to 20% restaurant use in a retail center without requiring additional parking. The proposed PUD of Shingle Creek Crossing will also include the following modifications: - Reduction in building and parking setbacks as a result of the dedication of right of way for Bass Lake Road in lieu of a trail easement. - Reduction in the parking dimension standards for 60 degree angle parking (w /o curb overlap) from 60' to 56'. - Establishing a parking ratio of 10 stalls per 1,000 sq. ft. for restaurant pad sites. - Establishes architectural standards and guidelines of the development of each site. The purpose of the platting is to enable the ability to finance /mortgage and convey the individual lots for each of the individual building pads illustrated on the approved PUD plan. The individual site plan review and approval provides for continuous municipal review on the implementation of the PUD plans. COMPREHENSIVE PLAN The Land Use Element of the 2030 Comprehensive Plan Update identified this site as a multi -use district including commercial (retail business, office /service residential townhome an d multi- . ) ( family) and public and semi - public uses. The proposed platting of this property for the Shingle Creek Crossing PUD is consistent with the City's Comprehensive Plan. EASEMENT DEDICATION The preliminary plat provides for the following right of way dedications: 1. An additional 15 ft. of right- of -way for Bass Lake Road West of Shingle Creek Parkway ntersection. The y h width increases to approximately 35 ft. to include the transit pP Y improvements adjacent to the Holiday Service Station. 2. An additional 10 ft. of right -of -way for Bass Lake Road East of Shingle Creek Parkway intersection. 4 -14 -11 Page 2 3. Dedication for the south leg of the Bass Lake Road and Shingle Creek Parkway intersection. 4. Dedication of 11.95 acres for State Highway 100. Additionally, it illustrates the following additional easements: • 10 ft. drainage and utility easement along the public right of way of Xerxes Avenue and Bass Lake Road. • 10 ft. drainage and utility easement along Highway 100. i A 17 ft. trail easement along Hwy 100 which connects to the Shingle Creek Regional Trail. • A varying width of a drainage and utility easement from approximately 50 ft. to 150 ft. for Shingle Creek, the proposed partial Day - lighting and outer ring service drive. • An 18 ft.. trail easement for the relocation of the Shingle Creek Regional Trail. • A 30 ft. utility easement for the.existing 27 in. sewer trunk line which expands to include a western portion of Lot 11. • A 25 -30 ft. drainage and utility easement across lot 9 for an existing sanitary sewer line which serves the Holiday Service Station. • A 10 ft. drainage and utility easement along the Sears eastern lot line that extends northerly along the mall and connects to a 10 ft. drainage and utility easement adjacent to the sides and rear lot lines of the Holiday Service Station lot. • 20 ft. utility easements for the existing sewer laterals which connect to the sewer trunk line. (This easement is being realigned per the direction of the City Engineer) • A 57 ft. drainage and utility easement for the two 12 ft. x12 ft. box culverts within County Ditch 13 /Shingle Creek. EASEMENT VACATIONS As part of the platting of these properties, the developer will be requesting the City to proceed with the necessary notifications and hearing to vacate old and unused easements associated with the Brookdale Mall parcels. INTERIOR ACCESS DRIVES The Shingle Creek Crossing PUD includes approximately 5,500 ft. of main interior /private access drives which provides the framework to serve the retail parking areas and access to the development: - The Bass Lake Road and Northway entrance is a divided median which extends approximately 720 ft. to the Walmart Store, - The Bass Lake Road and Shingle Creek Parkway entrance is a divided median which extends approximately 400 ft. to the Kohl's entrance and an additional 130 ft. to the drive which serves the Jr. retail boxes and Walmart store and continues approximately 1,740 ft. as the perimeter service drive where it connects to this perimeter service drive on the Sears lot. - The 56 and Xerxes entrance is being reconfigured to provide a main drive which extends across the development approximately 1,570 ft. to the Northway entrance drive and an additional 620 ft. to the Shingle Creek Parkway entrance drive. This access also stubs to the south to serve the renovated mall parking area and to the north to serve 4 -14 -11 Page 3 Applebee's and the northern block of retail buildings. a The 2,040 ft. of drive adjacent to the Jr. box retail, the Walmart site and the eastern side of the renovated Mall. Cross access easements will be provided for these and other minor access drives as shown on the PUD. UTILITIES Sanitary sewer service to this development will be provided by: The relocation of the existing private lift station that serves the Mall to the side yards of Lots 8 & 9 with a short lift to the Bass Lake Road sewer line that serves the Holiday Service Station. The construction of a new private lift station that will serve the two lots on the east side of the Shingle Creek with a small force main to the City's sewer trunk line. - The realignment the City's existing lateral sewer line across lots 13, 14, & 15 which services the sewer flow from the Shingle Creek lift station to the north. - Lot 2 is provided service from the existing sewer line which services Sears. - Lot 1 & 2 are served by existing service for the Kohl's site. - The City's sewer trunk line will provide lateral service to Lots l'l, 17, and 1. The City's Engineering Department has determined that repairs (lining) to the existing 27 in. sewer trunk line will be coordinated with the redevelopment of the Mall properties. Final construction plans and permitting for these public and private sanitary improvements and connections will coordinated thorough the City's Public Works Department. The Brookdale Mall site is currently served by connections from a 12 in. water trunk line on Xerxes Avenue and Bass Lake Road with an 8 — 10 in. water line loop around the Mall. The utility plan illustrates the replacement of the existing water distribution and fire protection system with a 10 in. line that loops the existing Sears and renovated Mall area and a second 10 in. loop within the central portion of the site that is also connected to the City's 16 in. water trunk line which crosses the eastern portion of the site (Kohl's parking lot). Final construction plans and permitting for these private municipal water improvements and connections will coordinated thorough the City's Public Works Department. The necessity of additional hydrant locations will be considered with the individual site plans. The drainage plan provides for two additional 48 in. storm sewer lines to convey storm water runoff from the Northwestern and the Central portion of the site to a large storm water pond before it enters the existing storm sewer line which flows to the storm water treatment improvements within the Centerbrook Golf Course. The existing 42 in. storm sewer line which parallels the box culverts within County Ditch 13 (Shingle Creek) will serve that portion of the development east of the Northway entrance drive and County Ditch 13. The plans provide for additional storm water treatment for this area before it enters the partial Day - lighting of Shingle Creek. 4 -14 -11 Page 4 Final construction plans and permitting for the private storm sewer, storm water management improvements and erosion control plans will coordinated thorough the City's Public Works Department. FLOODPLAIN MITIGATION The developer has proposed to replace the designated FEMA (Federal Emergency Management Agency) floodplain on Lot 16 through the flood storage areas within the partial Day- lighting of Shingle Creek. A formal application requesting a revision to the Federal Flood Map is being processed as part of the development of Shingle Creek Crossing. It is staff's opinion that the final platting of this lot should be designated as an outlot until an approval of the FEMA map revision is approved and this is considered a buildable lot. STAFF COMMENT Through the review of this development there remain two issues which continue to be discussed: - Closure of the curb cut from Bass Lake Road that serves Kohl's - The two existing 12 ft. x 12 ft. box culverts within County Ditch 13 /Shingle Creek and the p Day-lighting o tions and opportunities for greater economic development with the Day - lighting of Shingle Creek. With respect to these issues, the applicant has indicated that the existing Kohl's lease does not allow him to close the driveway entrance at this time; however, he is willing to enter into an agreement that when the current lease expires or is renewed that he would close it at that time. The potential of a full Day- lighting of Shingle Creek that would remove the two box culverts and maximized the presence of the Creek as an amenity for economic development has been a li htin of Shingle Creek development. Building on the 2009 D g discussed as an option for this develop g Y g g P Framework Plan, Hennepin County authorized SRF Consulting, the consultant that prepared the previous Shingle Creek Day- lighting Study to prepare a conceptual plan and cost estimates that would expand the proposed partial daylighting concept to a full daylighting of Shingle Creek. This plan is being finalized at this time and will be formally presented to the City within the next couple of weeks. As part of this study, a financial strategy through a cooperative effort of the County, City, Developer, and others is being considered that would allow the acquisition of the additional land to complete the Day- lighting of Shingle Creek and the improvements to make this a natural amenity that would stimulate the commercial redevelopment opportunities and economic growth. Enclosed is a copy of the Hennepin County review letter for the preliminary plat which was considered by the Planning Commission on March 17, 2011 for the prior Shingle Creek Crossing application. At this time, Planning has not received the review comments from the Minnesota State Highway Department. Attached is a copy of the Engineer's memorandum on their review of the preliminary plat (also referred to as a preliminary plan within Chapter 15, Platting Ordinance) which will be incorporated into the Planning Commission's resolution. 4 -14 -11 Page 5 • RECOMMENDATION It is the staff's recommendation that a motion be made to approve this application by adoption of Planning Commission Resolution No. 2011 -06 A Resolution Regarding the Recommended Disposition p ion of Planning Commission Application No. 2011 -008, A Request for Preliminary Plat Approval of Shingle Creek Crossing subject to the conditions of approval outlined in the resolution. 4 -14 -11 Page 6 Hennepin County Transp Department . ................... ... . . . ................... . ....... . ............ . . ........... . ..... .... .... . ......... . ...... ..... . ........... . ... . ........ ........_......._._..,..,.r.._. _......... . ...... ..... . 7600 Prairie Drive 612-596-0300, Phone MedfriadvIN 55340-5421 763-4 FAX 763-47&4(Y3U,TDD www.hennepin.us March 17, 20 Mr. Bruce John-son, Engineering Tecluilcian Su City of Rrqokk * Center 630t : Shingle Creek Parkway Brooklyn Center, NIN 55430-21.99 Re .- Preliminaq Plat Rcview - Shingle Creek Crossin I . e (aka Brookdale redev lo eni ..pm Bass Lake Road (CSA.171v- 16)7N Drive -south side lionnepimco"ty- Plat RoiewNo. 3199 Dear Mr. 7ohl"150111. Minnesota. Statutes 505.02, 505,(13, and: Plats and Surveys, allow up to 3:0 days for county revioW of preliminary plats abutting county roads. The preliininary plat was tectlived-on February 16,201.1. 1 ' h.ie city ern a lefin6pin Couhty has been involved with early to plan review of this, proposal, has also wl 146rating. Nvitli numbar of upgrades to' Bass a , and c . Road in'this area. ca. p t Site PIdn Overall, the internal circa ulatim ,s in the site, plan app - n'adifl� aisip dtd Ina a. e. l e e . if i - .eat to. have been : i' s h roat y depth. as count staff Fdesired. This will allow for betterintem I& at vehic stacking - for exiling traffic and move turning . ttaffiaCo.n.flicts:.fui herfr.om the county road for entering traffic: lnrpadft — L'i'e agive with the conclusions afthe Traftle Impact handl tlil�sit traffic, Analysis report prepared by K11,1116y-Hov), 'e .e and'Associatesi Inz, dated: January 20,2011. The. county roadway systern'sh6 Id adequakly. As the traffic. report notes, the , traffic generated by the. th e critical P. peak period should be toss than When the. Broo-k-dale: I s posed, deve opment: in t e c Mail �Va fully: occupied during the ,zenith of its operations in the mid- 1:970's. Rigizi-of-Way. — Although L it was d to vet it all the dimensions - based orl our information it appears that the pro I posed additional right-of-w ay.,should ad . cquately. accommodate the turn lan.e& strectsea. pi . ng, . and tr , it rieWs alon Bass Lake koad. The Three Rivers. Park District should also r6vidw e q qd,fight�o.&.way to. confirrh th at at ilies a dJh) are satisfactory for their needs. Access — We have previously agreed to 'the modification. of the southtas-tern quadrant of the intersection at Bass Lake'Road / Shi ngle Creek Parkway t6.mmovc, the n6rthb qd right .ou . i fie6_ turn lane. Just to the east, the existing right-in only to the Kohl's department storeils c ducto its latk of an turn associated right lane, i T15� clo so spacing to Trunk 1 160, its erron e o us ,g amerit uutoss4heiicc ess control lirlifts of pass .Lak and the anticipated conflicts with users of the ne-vv regional trail. We believe tliataccegs' to the stare Nyould n6t be unduly impacted if customers used the main Shi ngle Creek Parkw . ay entrance, an we would support the removal of this access as part of the redevelopment. i Permits - Please. irrfcinm the developcif S) that all proposed construction within county right of way requires -an approved Hennepin County pen prior to beginning construction, This includes, but is not limited tea driv%Vay and street. access; cin6nage and utility construction, trail development and landscaping. In'fah on the. permitting process can be obtained A C , R. u s roni our wcbs'itc avwww. annep#i. , us - by typing ` permits" in the search box and choosing 'one of the first search l ink s. Thel pbrmit applications are processed through bur e s at. permitting. Sys US Permit questions can be directed to Carolyn Fackler at Please contact Bob Byers (612) 5964354 orrohertbyoff.a i ntn_i for any questions or further discussion of these items. Sincerely, Director of Transportation and County Engineer 'INGo*rqb CC! Pin! R.;YicNv Conimincr- Beuicke syers/ Dragerl Fackler/ Holtz i Lcrnkc/ LiMgnn /Neby; Witt Mark Larson, flerincpin County Survey Office Don DeVenu Thrw Rivers k4anai Park District An fqv. al Uppartmaity EInVjQvVr �p, MEMORANDUM DATE: April 26, 2011 TO: Gary Eitel, Director of Business and Development Tim Benetti, City Planner FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Shingle Creek Crossing Preliminary Plan Review, City of Brooklyn Center Public Works Department staff reviewed the following preliminary plan documents submitted for review for the proposed Shingle Creek Crossing Development: • Site Development plans dated April 7, 2011 • Preliminary Plat dated April 7, 2011 The following are comments pertaining to the referenced documents: 1. All conditions of the April 25, 2011, PUD Review memo prepared by the City of Brooklyn Center Public Works Department are included as requirements by reference. 2. Finalize all site reports that were prepared and/or not submitted- as part of the final PUD approval and provide the City final copies (PDF format). 3. A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer.. 4. All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the final site plans. 5. Upon project completion, the applicant must submit an as -built survey of the property, improvements and utility service lines and structures, and provide certified record drawings for any associated private and/or public improvements prior to issuance of the certificate of occupancy. The survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 6. Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as -built drawings. Easements, Agreements and Plat: 7. An updated certified abstract of title or registered property report must be provided to the City Attorney for review at the time of the final plat application (within 30 days of release of the final plat). 8. An overall easement agreement is required that will provide the City accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site, including Kohl's and Applebee's sites. This easement g:\engineering \development & planning \active development projects \shingle creek crossing 2010 \communication \project review & conditions \1 10426_prelim plan memo.doc Final Revised Shingle Creek Crossing Page 2 of 7 Preliminary Plan Review Memo, April 26, 2011 ag includes private �' p inspection, main tenance and reporting responsibilities and must be executed prior to issuance of building occupancy. 9. The final plat must include dedicated public drainage and utility easements over the following locations and existing or proposed public utility locations, as determined by the City Engineer: A. All easements for public utilities must be a minimum of 20 -feet in width with the utility centered within the easement. Variations in the existing sewer alignment exist and must be properly mapped to ensure this condition is met. B. The existing trunk 24 -inch and 27 -inch sanitary sewer easement must be a minimum of 30 -feet in width with the utility centered within the easement. Variations in the existing sewer alignment exist and must be properly mapped to ensure this condition is met. C: A letter stating and certifying that all existing public utilities are centered within the proposed dedicated easement as shown on the preliminary and final plats must be provided and certified by the developer's engineer or surveyor prior to accepting the final plat. D. Revise the proposed drainage and utility easement located in the southwest quadrant ® ofNorthway Drive and Bass Lake Road to maintain an easement that is parallel with the roe line while >,le maintaining p p rty g a minimum 10 -foot separation with the sanitary sewer line. E. A minimum 10 -ft wide drainage and utility easement along the perimeter boundary of the plat. 10. The existing public 18 -inch sanitary sewer easement running within lots 14 and 17 must be revised on the preliminary and final plats to match the revised alignment of the sewer line as shown in the April 22, 2011 PUD documents. 11. All existing public easements that are prescribed to be dedicated on the final plat must be vacated. If the public easement is to remain, the easement must be shown on the preliminary and final plats with recorded document number referenced. 12. There is a 10 -foot discrepancy between the right -of -way width of Xerxes Avenue shown on the proposed preliminary plat and available plat and easement documents in the City's P p rY p P tY possession. The actual right -of -way width must be verified prior to considering the final plat. 13. The existing public 10 -foot wide drainage, utility, streetscape and trail easement along Xerxes Avenue must be maintained, shown and referenced on the preliminary and final plats. 14. The site development plans and utility relocations must be reviewed and coordinated with private utility companies prior to final plat application, vacation of easements and/or approval of any site modifications. gAengineering \development & planning \active development projects\shingle creek crossing 2010 \communication \project review & conditions \t 10426 _prelim plan memo.doc Final Revised Shingle Creek Crossing Page 3 of 7 Preliminary Plan Review Memo, April 26, 2011 15. Proper easement must be dedicated along Bass Lake Road (CSAH 10) and Xerxes Avenue that will contain all public elements of the roadway including but not limited to trail and sidewalk, plantings, traffic signal systems, fiber optic systems, lighting systems, irrigation systems, bus benches, litter receptacles, fencing and rails, pedestrian bridge and other miscellaneous streetscape elements. Currently, easements are not adequately shown in the preliminary plat and must be revised. 16. All existing public streetscape and trail easements that are to remain must be shown on the preliminary and final plats with recorded document number referenced. 5,Erue art 17. The existing Shingle Creek twin box culverts must be labeled "private sa3*er ". The public drainage and utility easement for the existing box culverts shall not be for ownership reasons, but shall be for inspection purposes to ensure proper maintenance is being performed. The proposed drainage and utility easements must be based on precise, actual and physical location of the box culverts for the entire length to ensure adequate easements and setbacks of adjacent structures are maintained. A letter confirming this condition has been met must be provided by a certified engineer and/or surveyor in the state of Minnesota. Certification must be provided prior to approving the final plat. 18. The property owner must register the Shingle Creek twin box culverts in the state's bridge inspection program and perform the required periodic inspections to ensure the box culvert bridges are certified and safe. A copy of the periodic state required inspection reports must be provided to the City as they are performed and approved. 19. A 16 foot wide minimum trail easement must be dedicated and shown on the final plat for the proposed trail running along the south and east ring road. The proposed trail must be centered within the easement. The trail landing area for the pedestrian bridge over Highway 100 must be fully contained within the easement. 20. Show and label the areas of all lots and outlots on the preliminary plat. 21. Cross access, parking and utility agreements are required between all necessary parcels. 22. Private site appurtenances (e.g. light poles, signs, etc.) must not encroach on public easement areas. For appurtenances that provide adequate setback and won't have any direct impact on the public elements within the easement area as approved by the City, an encroachment agreement is required for any element that is allowed and agreed to encroach in those easement areas. 23. Provide an assigned truck route for the entire site to each building pad. This must be a documented truck route that will be implemented and enforced by all property owners and included in the development agreement. Permitting- 24. Copies of all approved permits must be provided to the City prior to issuance of any City permit. g: \engineering \development & planning \active development projects \shingle creek crossing 2010 \communication \project review & conditions \110426_prelim plan memo.doc Final Revised Shingle Creek Crossing Page 4 of 7 Preliminary Plan Review Memo, April 26, 2011 25. The property is located adjacent to Minnesota Department of Transportation (Mn/DOT) highway right -of -way and Hennepin County right -of -way. All Mn/DOT and Hennepin County review comments are included by reference and are conditions of approval. i 26. Minnesota Department of Health permit is required for watermain installation. 27. MPCA sanitary sewer permit is required. 28. MPCA NPDES permit is required. 29. Hennepin County access permit is required. 30. Shingle Creek Watershed Management Commission (SCWMC) plan review and approval are required. 31. Department of Natural Resources, Army Corp of Engineers and other permits may be required as necessary. 32. Floodplain mitigation is required. A Conditional Letter of Map Revision (CLOMR) submittal is required to be obtained from the Federal Emergency Management Agency (FEMA) pertaining to the proposed revised 100 -year flood plain. Storm Sewer System and Drainage 33. All on -site storm sewer shall be considered private. All storm sewer lines and facilities must be specifically labeled "private sewer ". 34. No direct runoff into Shingle Creek will be allowed. All sections of storm sewer that discharge directly into Shingle Creek and/or the partially daylighted portion of the creek must contain an adequate pretreatment device and must be designed to meet minimum treatment standards as approved by the City Engineer. Design computations must be provided demonstrating all existing and /or proposed pretreatment devices meet these standards, including the existing Kohl's storm water treatment structures. All pretreatment devices will be subject to final review and approval of Final Plans by the City Engineer. 35. All existing storm sewer and treatment facilities that are to remain must be properly cleaned and repaired to demonstrate a fully functional storm sewer system and certified as such by the licensed design engineer. 36. Provide sediment pretreatment facilities for all existing and proposed ponds and infiltration basins. 37. The preliminary plans including all hydrology and hydraulic calculations must be presented to and approved by the Shingle Creek Watershed Management Commission. 38. Storm Water Pollution Prevention Plan (SWPPP) designers, installers and inspectors must be state certified. All certifications must be provided to the City as part of plan approval and permitting. g: \engineering \development & planning \active development projects\shingle creek crossing 2010 \communication \project review & conditions\1I0426 _prelim plan memo.doc Final Revised Shingle Creek Crossing Page 5 of 7 Preliminary Plan Review Memo, April 26, 2011 Watermain System: 39. All watermain line other than the existing public watermain shall be considered private. All watermain lines must be specifically labeled "private watermain" or "public watermain" on all final plans as determined by the City Engineer. 40. Provide a minimum 18 -inch separation between watermains and sewer lines. Sanitary Sewer System: 41. The public sanitary sewer through the site has been televised. The results indicate that segments of the 18 -inch piping are in poor condition and need to be replaced, repaired and /or lined. Further development of a strategy and plan for the necessary sanitary sewer replacement will be coordinated with the developer during the final plan approval and construction stages. 42. All sanitary sewer other than the existing public sanitary sewer shall be considered private. All sanitary sewer lines must be specifically labeled "private sewer" or "public sewer" as determined by the City Engineer. 43. All proposed lift stations will be private and labeled "private" on the plans. 44. Due to inadequate cover, insulate the top of the public sanitary sewer forcemain from location station 3 +00 to 6 +00, which is the public line extending from Shingle Creek Parkway westerly across the site to the main public trunk line. Site Plan: 45. The easterly Kohl's entrance from County Road 10 must be closed. Closure of the access supports the City's and County's roadway access management goals and also eliminates the trail safety conflict with this skewed access driveway. Adequate access is provided at the Shingle Creek Parkway intersection. 46. Alignments in the main drive aisle at the first intersection south of Northway Drive /Bass Lake Road are kinked. A skew of less than 20 degrees is acceptable but the alignments through the intersection must be smooth. The roadway alignment between the two intersections must be a minimum 300 -ft radius. 47. All internal intersections must be aligned properly through the intersections to eliminate any kinks and provide proper, smooth channelization and alignment through the intersections. 48. The proposed dual drive -thru window layout with crisscross access must be further reviewed to ensure adequate, safe operation. The drive -thru layout is subject to final City review and approval conditions of the preliminary plan and final plat. 49. The internal trail /sidewalk crosswalks located on the north side of the existing building /retail shops and located on the southeast side of Site Q must be. enhanced to improve pedestrian safety (e.g. raised crosswalk with special surface treatment and pavement marking delineation). g: \engineering \development & planning \active development projects\shingle creek crossing 2010 \communication \project review & conditions \I 10426_prelim plan memo.doc Final Revised Shingle Creek Crossing Page 6 of 7 Preliminary Plan Review Memo, April 26, 2011 50. Sign locations must be further reviewed to ensure roadway sight -lines are maintained and there is no encroachment on any easement. Sign locations will be subject to final City review and approval conditions of the preliminary plan and independent sign approvals. Landscaping_ 51. Provide irrigation to encompass the entire vegetated areas within the site. Prior to Issuance of Land Alteration and Building Permits: 52. Submit a recorded copy of the preliminary plat, all required easements and restrictive covenants. 53. Submit final site plans and specifications for review and approval by the City Engineer in form and format as determined by the City. The final an must comply with the approved preliminary plan. 54. Submit letters of credit or cash escrow for the private portion of the project in the amount of 125% of a bid cost, 150% of an estimated cost or in the amount determined by City staff to comply with land alteration permit, site improvements and to restore the site. The developer may submit one itemized zed letter of credit, if approved by City staff. The City will not release or reduce the letters of credit or cash escrow until work has been completed according to the final site plans approved by the City. 55. Submit a construction management plan. The plan must be in a City approved format and outline minimum site management practices and penalties for non - compliance. 56. Submit a separate cash escrow for the construction management plan elements in an amount approved by the City staff. This escrow must be accompanied by a document prepared by the City attorney and signed by the developer and property owner. Through this document, the developer and property owner will acknowledge: A. The property will be brought into compliance within 48 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. B. If compliance is not achieved, the City will use any or all of the escrow dollars to correct any deficiency and/or issue. 57. Schedule and hold a preconstruction meeting with the City staff. 58. Public improvements are required as part of the approval of this project. These costs are the full responsibility of the applicant/property owner. The developer must provide a separate petition and waiver of assessments to the City to perform any necessary public. improvements including all associated fees. Otherwise, if the developer chooses to design and construct the public improvements, the development agreement must include provisions by the applicant to develop, design and construct all public roadway, streetscape and utility improvements on site and as required for Bass Lake Road (CSAH 10) at the intersections of Northway Drive and Shingle Creek Parkway with Bass Lake Road (CSAH 10), all subject to the requirements and approval of the City and the County. The following must also be submitted for City staff g: \engineering \development & planning \active development projects\shingle creek crossing 2010 \communication \project review & conditions \1 10426_prelim plan memo.doc Final Revised Shingle Creek Crossing Page 7 of 7 Preliminary Plan Review Memo, April 26, 2011 review and approval: A. Qualifications of the design engineer must be presented to and approved by the City Engineer. B. Final street and utility plans in form and format as required by the City. These plans must be separate from the development plans. Final plans must be approved by the City Engineer and other jurisdictional authorities as required. C. A signed agreement with the City to guarantee that the developer will complete all public improvements to meet all City requirements. D. A letter of credit or cash escrow in the amount of 125% of a bid cost or 150% of an estimated cost of the improvements. E. Inspection of the public improvements must be performed by a certified inspector hired directly by and through the City. The developer is required to provide reimbursement to the City for all associated inspection and management expenses. F. The City will only reduce or release the letter of credit or cash escrow for the public improvements upon receipt of as -built drawings and a letter certifying that the streets and utilities have been completed according to the plans approved by the City. G. Upon project completion, the design/project engineer must provide a final topography • as -built survey, as -built record drawings of all public improvements and formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings as determined by the City Engineer. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The preliminary plan (site plan and preliminary plat) must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plat and final site plans may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. gAengineering \development & planning \active development projects \shingle creek crossing 2010 \communication \project review & conditions \I 10426 _prelim plan memo.doc 0. n CURVE TABLE I I m CURVE AO US IENGIH DELTA CHORD BEARING R x. R CI 318]0 1,035 19'26'!9' 11].]9 ])'4058' C2 SaB >0 s1 go b . >) .'59'55' Ss ]I xa] '25" " -. "c I P° DEVELOPER i CS ]46.J0 6].56 10 61.?0 . 612,15 N] 9' 0' - - I P o [S' EvE[aauFxi C L C4 398.)° ).>I I'IS ] I N6 'E - -" - - - 2 Sox. TM x 'I' VI F y - '3F { 5 r LINE TABLE LINE TABLE „y` / A I ' x 6 Buxtr qy i> 1 I 9i . „ 'v` fi1oWNERS] 5 NN 0 > LME LEN- BEARING DNE LENCTN BEARING "' ? °F° °� - � f .v mx uc '$ LI 4829 u26 L65 22]22 SJO]5 + xa '' ` �Au -s ' _ -_ i Lz zfil a1 x2.' 306' L6fi zoo 60 sT]' 9'BrE - •,,, u +,y ,n- - --- . , b xoRSxAx, PA 198!1 _ _ € € E L LS I]a ]0 rv24' l'OB'E L6] 5150! 55J'41'O2'W "'/�� 9x T 131 I -f II _ 2 F , ir ` 4 12 L60 208.]J wxx € TA C v 91 Iae rR ^ T LS SB>5 a)'E L69 L oc I NT4']l' S53'41'02'W �• F LB 1s]s L]o >os _ __ - \�':..: b l - 'k. r ..• .I ^ � � 1 ) 55311 - W ,y\ 5 '!]' a SS]'41'0 'W 5 L] 250.2 5 }3'E L71 3649 N>'3902'w -- � � •x LB J0595 96 'IO l]'W L]2 fi92Z �. \� 4 o J i & Kt ../ E L -f ` sJ °R ]6J i 5110 IJ0 11.1 GIN. 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PE M x51'1201'w / ^Y \ A l OTR SURVEYOR L2fi B9.6 56210' L2) ]33Q ]'J'YW L91 D /4 [ .. yf f � '�sJ ­1 er 7. 1 n n9 s] un•s•z•w Lsz oa0 2 ese z a'w f / £ L2S } 1] N2>'39' +•w 150 14 S2! 0 3 UO •49't J' E L9a 2)58 N22'2)20'W & � \]( �l 6' t TACT.NMx N INS ° S 1'14'5 ]1'E L95 9S.Bl NIT00'0]'w t y F d ��� rc � / � } , 5 � /°' /- E ," �5 w P L32 3 0109 N'1.]I S I_E L96 I >0 >! NOB']t']l`W I j I x10 ^'\ T� \ V, �! aY" 1. % LJ4 4J 4) E 4 L90 156]9 64'1]'1]'W 4 \ l u5 N2] 9 ] 99 6 x T39 02'w r' 1 1 V s� LEGEND :8 r 0 5 LI6 5l s2 2] W L100 21.06 jj7VSN5WW 1 y' 3 i d \6 ♦ \ �L I NORTH uOruu xr 6 L1) 355615 ­1. L10, 35824 UB S 2 O 1 ) ♦ '+'1 -- j I ]4"E t0 L2 1368) TI'J9 � _ Z ­ ° § U9 3465 NOB}004'E LI03 2211) N 6 e]'I6'19'W 1 6 �'], '> \ / '� J' - - - - - -- =x n ExE 7 ' R E u0 449.J0 989'4154' Lt0a 1` L C f M �V � awx y;p�B n L« SB9V]'54'E u°s r 4 '. 9; ! ` `i"' 's - '� --/; ?� 6tAE6 R �� ° Lag 52.03 E L106 i - Y dah e 5 E L43 2 fi].fi) 54 LID] 0 1 9 0) 20'W I E. S \\ I Jj0 Y µ 6 - i / /� "! / Y It - - - r °s O Aa s O' ' F U1 IS .60 14 '1 L10B I6)fifi 509'4l'S4'E �' 1 \ \ x 0 j - Y p ,p - Y/I - - - -- x x n u k p� o 15 - . LI6 252 J) SOE L110 1 59.02 L4] 1a 47 NO{'3].2).E ��•- A u[xr =xE m T sse•39.fi,w un u x Yp Y LIB 616 5]6 2'] E L112 2219) 00116'Ofi'W 1+ 1 R� L S\ I'_A 1 . - L41 1 60 xs 53'0]' )'E Ltl] Io201 SB9 d'E ' F /' t � •k '+ 'C F r 6 I.S. 9B4 1ID' >• L114 6165 B < -- U SHINGLE CREEK CROSSING LSI 1 1500 s53'W' J' S 2 LO)1 ]5 589'{] P 4'913 .s' 8 \ " , I' ; w`" �•"' ° ' L52 35000 L916 12a01 B943's4'E .111 II 5�. r£, ,n/ PRELIMINARY PLAT Esnxa ­E 1 9sBJ,.e w s V 5 Ls3 1698 s • s30,•.- un z sosi 01 1 ° e . w ���" 1 \� / ; SECTION 2- T118N -R21W L51 I60H 4a00•W LHB T m ? 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Z s % +�:' m Ba Nrwrma mx.. w . „°., Ararmr Nmx W 2 Z 4t, c LL CONTRACTG95 NUSL CONTACT A . mx. .m a s aAr4 ;m. r 9rAnox U L T " t'A °" /• GOPHER STATE CALL ONE ' ei° t. ^ « ^.r 1aa sx,n N « . dv AA € _ ` ` •' % NN TM FREE 1 -LO(1- 252 -,166 ma c .e - N, m mn , van.wr° raax vu. a 1 B EFGNE M TRU RE TON BE GO Y m w mn.SM -1, wu 1. + A umx � Q ° a ED a S T - % PROJECTLOCATION A 651 as 0 yM,�4, Yn u ap a p�m l l.l� .r 1 i NAR sEr�ce xAxx x Ur W N s '�'. 4 i� • J °.ia 1 M e a'S m; �0 1'i4 x"..'�m� "'rnnix" u:�,°na: eb of uM« [ x e � ,01 B Z 'Z z_ wCC SITE DATA TABLE '� I 1 `r s r BROO LYN: ; EXISTING LEGAL DESCRIPTION . sECntx � W E m ,("� CENTER . rv. xM l �s« s°uP"1.'..'<"".,ml,".m� AR1.•.t� 1m, ,I6..m,.M. t.m.am..1 11�x.Aa 0 U o DD I, 8 .. T \ g .. B x• •1 Lt- 6m.1..1 ,16. r1> INaa.n " a U } zn 1 ij ' i !> .. , A v wx.xw] Lw,rax1 rr,4,�, a1 i n - A C11 rm. B ma a Bxrc. N 11.. N ­ x.°.ml. .c Ax EtR W EE O # 'r \'.,, irk ww - ,,,.,. a . t B3 - " �•1 `"- - _ .,, ,. ..e m° "W'", a xmx. 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W.mr SNEEi UMBER _ NOT TO SCALE I Of 1 a o SHINGLE EK CROSSING R.T. o KNOW ALL MEN BY THESE PRESENTS: That _ owner and proprietor of the following described properly situated to the County of 1, Mork S. Hanson, do here by certi( that Ihbs plot wa prepared by me or under m direct supervision; that 1 am o dole Clcanaed Can. ...veyvr In the Shot' of Hennepin, Stole of Minnesota, to wit: Minnesota; that this p is car t op—oat.iloo of the b...dafy rvey that II malhamollc,I data and labels o orrectl designotetl o the plat; — all me 1, deplcled n the plat r I,— been, will be c rreclly see II- ne year; that all water baundarle, and at lands a defined In Minnesota Shot—, Tracts I, J, K and L, Registered Land Survey No. 936, Hennepin County, Mlaoesoia. Sed an 505.01, Sold, 3, as al the dale of this carlifcale are shown and labeled oa this plat; and all public ways are shown and labeled on this plat. And Doled this ____ da of _________, 2D___. Tracts 0 sad E. Registered land Survey N. 1430, Hennepin County, Mlaaesola. pad Mark S Hanson. Liconasd Land Surveyor Minnesota License No. 15460 Tract A. C, D and E, Registered Land Survey No 1469, H,nnapfn County, Minnesota. And STATE OF MINNESOTA COUNTY OF HENNEPIN Tracts A. B end G, Re9lat —d Land Survey No 1614, Hennepin Count,, Minnesota. This fnstrumanl was acknowledged before ma on this ___ day of ZO___. by Mvrk S. Hanson. And Trocl A. Registered Land Survey No 1649, Hennepin County. Minnesota. And Notary Public, Ceunly Minnesota My Commission Expires Tacts B and C. Registered Land Survey No. I710, Hennepin County. Minn eaolo Atl BROOKLYN CENTER, MINNESOTA Tracts A and B, Registered Land Survey No. 1766. Hennepin County, Mlnneaola. And that the My of Brooklyn Center, a Minnesota municipal corporation, owner and proprietor of the following descrbed property sheeted In the County of Thl, plat of SHINGLE CREEK CROSSING was approved oad accepted by the r e Council f Brooklyn Center, Minneaolo. at a egular meeting t that held this Hennepin, Stole of Minnesota, to wR: - day of --- _____ , 20_v if applicable, the written <p menls and reco mendallpn, al the Commis,lOnar of Tran op�rtallpn and the County H10hway En9Neer 'love ean re Ned by the Lity or tM1e preacribatl 30 day period M1ae elapeetl without receipt of eucM1 comments and rec mend,tlons, as Tract A, Registered land Survey No. 1430, Hennepin County, Minnesota. p—dad by Mlan. Statutes, Soot- 505.03, Said. 2, .. Hove caused same to bo ad and plaed oo SHINGLE CREEK CROSSING and do hereby donate and dedicate to the public, for public use forever, the public ways a ad nd the tlroinpge and M at" utility n ere easements as shown an ,aid plot. CITY COBNCIL OF BROOKLYN CENTER, MINNESOTA In witness whereof aaitl hoe caused lhe,e presents to be signed by Ito Proper aificer Ihia —__ day of 20__ BY: _______— Mayor BY: TAXPAYER SERVICES DEPARTMENT. Hennepin Co.. Minnesota SIGNED: Its__ __. 1 hereby certify that faxes payable In 20___ and prior years have been paid for land deacribetl on this Plot. d. Ad This day of 20_. STATE OF MINNESOTA GOUNTY OF ______ TM1e foregoing Instrument was acknowledged before me lhi, day of ________ 20__, by ____— ______— the Jill L. Plumes, Hennepin County Auditor By: ----- �____— __ - -Oepa ly __— of paid on behalf 01 sold _ —___ SURVEY DIVISION, Hennepin County, Alianeasta Notary P ai.a aunty, nneools My GOmmiasion Expires ___ ----- _----- Pursuant to Minneaolo Statutes, Sec. 3839.565 (1969), lM1is plat has been approved /his ___ tloy of —___� 20__— In witness whereof said the City of Brooklyn Center, A Minnesota municipal corporation, has caused these present, to be signed by Its proper officer this day of _ 20__. William P. Brown, Hennepin County Surveyor BY: __ ---- ________ —_____ City of Brooklyn Center REGISTRAR OF TITLES, Hennepin County, Minneaolo SIGNED:______________ It. __ —__ - -- . I hereby certify that the wllhia plat of SHINGLE CREEK CROSSING ryas Ned In this offke Ihi, ___ day of --- __------- 20_ at __ o'clock STATE OF MINNESOTA COUNTY OF _ _ MlcM1aei M. CLnnlll, Re9lolror of Titles TM1e faregaing Instrument wa a ai atlged before me this __ day of —___. 20_ by _ ___ the .1 aai of tl Cily of Brooklyn Center, o Minnesota municipal carporetion. on behalf of said corDOralion. I Notary Public, _ ____ Gaun1Y. Mlnneaola My Commission Expires , SSSUNDE SHEET ! OF E SHEETS � fits ," o I , • \ N'cRnr ;.a, SHINGLE / ,x : w Sew , 5.:; fi:;NSlT R 2 `1 F / ° s G -SEE DETAIL i±R'GGh�.;LE s v�Rc / p T 'mss 7�Q: s� BASS AKE RO. S89 E' �i - - - - -J R.I DOG. N0. n.J ✓ CO. RD. NO 0 417 " /0 "4291 CREEK 1 °< S7 °.• ~' . 100.49 / 4 'Imt 6 ? ' NB4 JJ'27T a 55 L KE RGAD (GC f.' ^' RGAD h r/ '584'0 /'/JC 6 � (`��`• 1 � 5 ;, •�' /00.5/ L las v BASS LAKE RO. 57./7 / NOB /0� ._. i 589 17'5 a 7s I 5594\ 5 se /SOOa . �':\ ° A i :',' v. E.' 1 109L07 = -. (C0. /tD. NO /0� S8/ ?3'58 "E ! / 1 / _ 40 .28 ... Tv. 1 5' U.: ,zrii9° ' 25 565 R / /�� " +J B4 � .. 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WHEREAS, Planning Commission Application No. 2011 -008, submitted by Loren Van Der Slik on behalf of Gatlin Development Company, requests Preliminary Plat approval of a subdivision, to be known as Shingle Creek Crossing, a plat of 19 parcels and tracts within seven Registered Land Surveys associated with the previous developments of the Brookdale Mall, into 19 lots and one outlot to facilitate the dedication of public easements, dedication of right of ways, and the creation of lot configurations to facilitate the development of the Shingle Creek Crossing PUD; and WHEREAS, the Planning Commission conducted public hearings on March 17, 2011 and on April 14, 2011, to consider the redevelopment of Shingle Creek Crossings; and Whereas, the Planning Commission conducted a public hearing on March 17, 2011 for the Phase I improvements of the Shingle Creek Crossing PUD and continued that hearing until March 31, 2011, at which time the applicant requested to withdraw its application and resubmit a revised plat which included the Midas site and other revision to the PUD plans; and WHEREAS, the Planning Commission held a duly called public hearing on April 14, 2011, at which time a staff report and public testimony regarding the preliminary plat of Shingle Creek Crossing was received; and WHEREAS, the Planning Commission finds that the Preliminary Plat is consistent with the General Development Plans of the Shingle Creek Crossing PUD plans. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -008 for the Preliminary Plat of Shingle Creek Crossing be approved based upon the following considerations: 1. The final plat is subject to review and approval by the City Engineer subject to the provision of Chapter 15, "Platting" of the City Ordinances. 2. That a subdivision agreement that includes the following conditions of approval and comments identified in the City Engineer's Memorandum dated April 26, 2010, is executed as part of the final plat approval: a. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 1 b. An as -built survey of the property, improvements; utility lines, structures and a certified record drawing for any associated private and /or public improvements shall be prepared by a licensed engineer in the State of Minnesota. C. That inspection of the private site improvements shall be performed by the developer's engineer, a licensed engineer in the State of Minnesota, and certified through a letter that the project was built in conformance with the approved plans. d. The existing Shingle Creek twin box culverts shall be labeled "private sewer ", the public drainage and utility easement for these box culverts shall not be for ownership reasons; but shall be for inspection purposes to ensure proper maintenance is being performed, and a letter confirming the location of the box culverts within the easement provided by a certified engineer and or surveyor in the State of Minnesota. e. Copies of all County, Regional, and State approved permits for the installation of public and private utilities (municipal water and sanitary sewer) shall be provided to the City Engineer prior to final approval of the City permits for utility construction. f. That all water main lines, other than the existing public trunk water main shall be considered private. Utility plans shall specifically label the private water main improvements. g. That all sanitary sewer improvements, other than the existing sanitary lines, shall be considered private. Utility plans shall specifically label the private sanitary sewer collection lines, lift station, and force mains as private. h. That all storm sewer and storm water ponding areas, including the twin box culverts within County Ditch 13 shall be considered private. Utility plans shall specifically label the existing and proposed storm water improvements. i. That financial assurance in the form of a letter of credit or cash escrow in an amount of 125% bid cost or 150% of an estimated cost or in the amount determined by City Staff to comply with land alteration permit, site improvements, and site restoration. j. That a construction management plan, as approved by the City Engineer, is prepared that outlines minimum site management practices, penalties for non - compliance, and a separate cash escrow which can be drawn upon in the event the City is required to correct any deficiencies or issues of the plan. k. That a pre- construction meeting is held with City Staff and a construction schedule is approved by City Engineer. 3. That an updated certified abstract of title or registered property report is provided for the City Attorney's review at the time of final plat application. 4. That an overall easement agreement is required that will provide City accessibility to all private utilities and storm drainage areas to inspect and enforce property utility 2 service and maintenance for the entire properties within the Plat. 5. That the final plat include the dedication of public drainage, utility, and trail easements as identified in the April 26 2011 City Engineer's memorandum. 6. The public utility easement for the 18" sanitary sewer running within Lots 14 and 17 is revised to match the alignment as shown in the April 22 2011 PUD documents. 7. That site development plans and utility relocations are reviewed and coordinated with private utility companies prior to final plat application, vacation of easements and/or approval of any site modifications. 8. Shingle Creek Watershed Management Commission review and approve the storm water management plans, drainage, erosion control plans, and the requested revision to the FEMA Flood Plain Map. 9. That MnDOT and Hennepin County review comments on the Preliminary Plat are addressed with the Final Platting of Shingle Creek Crossing. 10. The Minnesota Department of Health permit the water main installation. 11. That the Minnesota Pollution Control Agency permit the sanitary sewer installation. ® 12. That the Minnesota Pollution Control Agency NPDES permit is as a condition of all site development approvals and provided to the City Engineer prior to the issuance of an grading permit. y g gp 13. That the Storm Water Pollution Prevention Plan (SWPPP) designers, installers, and inspectors are state certified and approved by the City Engineer. 14. That Lot 16, Block 1, identified as Building Q, is platted as an outlot until such time as a FEMA determination on the replacement of the designated floodplain area has been approved. 15. That Hennepin County, the Shingle Creek Watershed Management Commission, and all other applicable regional, state, or federal agencies provide the necessary approvals for the alterations to Shingle Creek. 16. That final grading, drainage, utility, erosion control, and intersection design plans are subject to review and approval by the City Engineer prior to the issuance of permits. 17. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 18. Issuance of appropriate permits by Hennepin County for the private access 3 improvements and work within the public right of way of Bass Lake Road for the • entrances from Northway Drive and Shingle Creek Parkway intersections. 19. The applicant shall provide appropriate erosion control during construction, as approved by the City Engineering Department, and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 20. The existing water and sanitary sewer services shall be properly disconnected from City systems in a manner approved by the City Engineer prior to the demolition of existing buildings on the site. 21. The dedication of trail easements and drainage and utility easements, as approved by the City Engineer shall be shown on the final plat or separate documents shall be filed with the recording of the final plat. 22. That existing, but no longer necessary, easements shall be vacated by the City prior to release of the final plat. 23. That the Fire Chief approve the location of fire hydrants for the individual sites /lots at the time of final site plan review. 24. That a subdivision development agreement, to include, but not necessarily limited to an agreement for the future closure of the Kohl's driveway from Bass Lake Road, construction and inspection of all utilities consistent with City development standards and policies, financial guarantees, maintenance agreement for the two 12'x12' box culverts and the submittal of as -built plans, is executed as part of the final plat approval. 25. That an easement and agreement for maintenance and inspection of utility and storm drainage systems, as approved by the City Attorney and City Engineer is a condition of site development plans and is executed prior to the issuance of certificate of occupancy permits. 26. That the two 12 ft. x12 ft. box culverts are enrolled in the State's bridge inspection program. 9 1 Date Mir Pro Tem ATTEST: Secretary 4 The motion for the adoption of the foregoing resolution was duly seconded by member Schonning and upon vote being taken thereon, the following voted in favor thereof: Chair Rahn, Commissioners Kuykendall, Morey and Schonning. and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 5 Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -008, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF SHINGLE CREEK CROSSING WHEREAS, Planning Commission Application No. 2011 -008, submitted by Loren Van Der Slik on behalf of Gatlin Development Company, requests Preliminary Plat approval of a subdivision, to be known as Shingle Creek Crossing, a plat of 19 parcels and tracts within seven Registered Land Surveys associated with the revious developments of the Brookdale Mall, into P P 19 lots and one outlot to facilitate the dedication of ublic easements, dedication of right of ways, P � s, y and the creation of lot configurations to facilitate the development of the Shingle Creek Crossing PUD; and WHEREAS, the Planning Commission held a duly called public hearing on April 28, 2011, at which time a staff report and public testimony regarding the preliminary plat of Shingle Creek Crossing was received; and WHEREAS, the Planning Commission found that the Preliminary Plat is consistent with the General Development Plans of the Shingle Creek Crossing PUD plans; and WHEREAS, the Planning Commission recommended approval of Application No. 2011 -008 by adopting Planning Commission Resolution No. 2011 -06 on April 28, 2011; and WHEREAS, the City Council considered Application No. 2011 -008 regarding the Preliminary Plat of Shingle Creek Crossing at its May 23, 2011 meeting, and considered this preliminary plat in light of all testimony received and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -008, submitted by Loren Van Der Slik on behalf of Gatlin Development Company, be approved with the following conditions: 1. The final plat is subject to review and approval by the City Engineer subject to the provision of Chapter 15, "Platting" of the City Ordinances. 2. That a subdivision agreement that includes the following conditions of approval and comments identified in the City Engineer's Memorandum dated April 26, 2010, is executed as part of the final plat approval: a. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. • b. An as -built survey of the property, improvements, utility lines, structures 1 and a certified record drawing for any associated private and /or public improvements shall be prepared by a licensed engineer in the State of Minnesota. C. That inspection of the private site improvements shall be performed by the developer's engineer, a licensed engineer in the State of Minnesota, and certified through a letter that the project was built in conformance with the approved plans. d. The existing Shingle Creek twin box culverts shall be labeled "private sewer ", the public drainage and utility easement for these box culverts shall not be for ownership reasons; but shall be for inspection purposes to ensure proper maintenance is being performed, and a letter confirming the location of the box culverts within the easement provided by a certified engineer and or surveyor in the State of Minnesota. e. Copies of all County, Regional, and State approved permits for the installation of public and private utilities (municipal water and sanitary sewer) shall be provided to the City Engineer prior to final approval of the City permits for utility construction. f. That all water main lines, other than the existing public trunk water main shall be considered private. Utility plans shall specifically label the private water main improvements. g. That all sanitary sewer improvements, other than the existing sanitary lines, shall be considered private. Utility plans shall specifically label the private sanitary sewer collection lines, lift station, and force mains as private. h. That all storm sewer and storm water ponding areas, including the twin box culverts within County Ditch 13 shall be considered private. Utility plans shall specifically label the existing and proposed storm water improvements. i. That financial assurance in the form of a letter of credit or cash escrow in an amount of 125% bid cost or 150% of an estimated cost or in the amount determined by City Staff to comply with land alteration permit, site improvements, and site restoration. j. That a construction management plan, as approved by the City Engineer, is prepared that outlines minimum site management practices, penalties for non - compliance, and a separate cash escrow which can be drawn upon in the event the City is required to correct any deficiencies or issues of the plan. k. That a pre - construction meeting is held with City Staff and a construction schedule is approved by City Engineer. 3. That an updated certified abstract of title or registered property report is provided for the City Attorney's review at the time of final plat application. 2 4. That an overall easement agreement is required that will provide City accessibility to all private utilities and storm drainage areas to inspect and enforce property utility service and maintenance for the entire properties within the Plat. 5. That the final plat include the dedication of public drainage, utility, and trail easements as identified in the April 26 2011 City Engineer's memorandum. 6. The public utility easement for the 18" sanitary sewer running within Lots 14 and 17 is revised to match the alignment as shown in the April 22'2011 PUD documents. 7. That site development plans and utility relocations are reviewed and coordinated with private utility companies prior to final plat application, vacation of easements and /or approval of any site modifications. 8. Shingle Creek Watershed Management Commission review and approve the storm water management plans, drainage, erosion control plans, and the requested revision to the FEMA Flood Plain Map. 9. That MnDOT and Hennepin County review comments on the Preliminary Plat are addressed with the Final Platting of Shingle Creek Crossing. 10. The Minnesota Department of Health permit the water main installation. 11. That the Minnesota Pollution Control Agency permit the sanitary sewer installation. 12. That the Minnesota Pollution Control Agency NPDES permit is as a condition of all site development approvals and provided to the City Engineer prior to the issuance of any grading permit. 13. That the Storm Water Pollution Prevention Plan (SWPPP) designers, installers, and inspectors are state certified and approved by the City Engineer. 14. That Lot 16, Block 1, identified as Building Q, is platted as an outlot until such time as a FEMA determination on the replacement of the designated floodplain area has been approved. 15. That Hennepin County, the Shingle Creek Watershed Management Commission, and all other applicable regional, state, or federal agencies provide the necessary approvals for the alterations to Shingle Creek. 16. That final grading, drainage, utility, erosion control, and intersection design plans are subject to review and approval by the City Engineer prior to the issuance of permits. 17. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 3 18. Issuance of appropriate permits by Hennepin County for the private access improvements and work within the public right of way of Bass Lake Road for the entrances from Northway Drive and Shingle Creek Parkway intersections. 19. The applicant shall provide appropriate erosion control during construction, as approved by the City Engineering Department, and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 20. The existing water and sanitary sewer services shall be properly disconnected from City systems in a manner approved by the City Engineer prior to the demolition of existing buildings on the site. 21. The dedication of trail easements and drainage and utility easements, as approved by the City Engineer shall be shown on the final plat or separate documents shall be filed with the recording of the final plat. 22. That existing, but no longer necessary, easements shall be vacated by the City prior to release of the final plat. 23. That the Fire Chief approve the location of fire hydrants for the individual sites /lots pp Y at the time of final site plan review. 24. That a subdivision development agreement, to include, but not necessarily limited to an agreement for the future closure of the Kohl's driveway from Bass Lake Road, construction and inspection of all utilities consistent with City development standards and policies, financial guarantees, maintenance agreement for the two 12'x12' box culverts and the submittal of as -built plans, is executed as part of the final plat approval. 25. That an easement and agreement for maintenance and inspection of utility and storm drainage systems, as approved by the City Attorney and City Engineer is a condition of site development plans and is executed prior to the issuance of certificate of occupancy permits. 26. That the two 12 ft. x12 ft. box culverts are enrolled in the State's bridge inspection program. Date Mayor ATTEST • City Clerk 4 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember 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. • 5 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 April 28, 2011 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:07 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Rachel Morey, and Stephen Schonning were present. Also present were Council members Carol Kleven and Dan Ryan, Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Stan Leino, Carlos Morgan and Michael Parks were absent and excused. APPROVAL OF MINUTES — MARCH 31, 2011 There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to approve the minutes of the March 31, 2011 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION i Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2011 -008 — LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT COMPANY, INC. Chair Rahn introduced Application No. 2011 -008, a request from Loren Van Der Slik for Gatlin Development Company, Inc., for Preliminary Plat Approval of Shingle Creek Crossing, which involves the replating of the Brookdale Mall properties, excluding the Sears parcel, into 19 lots and one outlot to facilitate the phased improvements and development of the Shingle Creek . Crossing PUD. Mr. Eitel presented the staff report commenting on the background of the Planning Commission's reviews on the Shingle Creek Crossing Development concept, the provisions of the PUD ordinance, the 1999 Brookdale PUD agreement and prior public hearings scheduled to consider this redevelopment. Mr. Eitel further explained the following changes to the Preliminary Plat presented at the march 17 public hearing: -Midas and Kohl's properties have been included in the plat. 4 -28 -11 Page 1 -The developer has chosen to plat all of the lots identified in the Shingle Creek Crossing PUD at this time vs. a phased approach and that the Preliminary Plat would be reviewed first this evening followed by the PUD presentation. Mr. Eitel described how the replatting of the property creates 19 new marketable parcels and illustrated several proposed easements to be included in the replatting of the property. He indicated that a letter dated April 27, 2011 had been received from Sear's attorney, Hinshaw and Culbertson, requesting that the Commission delay any actions on these applications pending resolution of Sear's concerns and issues with the redevelopment of Brookdale Mall properties and that a copy of their letter is included in the minutes of this meeting. Chair Rahn asked about the comments related to the closing of the curb cut along Bass Lake Road that serves Kohl's as well as the box culverts within the county ditch along Shingle Creek. Mr. Eitel responded that there had been several conversations with the applicant regarding these issues and that the applicant has indicated they will close that entrance once Kohl's lease expires and after they have the authority to do so. Mr. Eitel added that the City has been working with Hennepin County on completing a study involving a full day - lighting concept of Shingle Creek. The concept involves the acquisition of land from the developer and a financial strategy to fund the improvements beyond the costs of the proposed partial day- lighting of the creek. The concept will be presented to the City Council for direction on a financial strategy and working with the developer on a plan amendment that • could be considered as a Phase II modification PUBLIC HEARING — APPLICATION NO. 2011-008 There was a motion by Commissioner Morey, seconded by Commissioner Schonning, to open the public hearing on Application No. 2011 -008, at 7:25 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Frank Gatlin, Gatlin Development Company introduced himself to the Commission. Commissioner Schonning commented that he felt that the new plat, with the Midas parcel now included, looked like a much better plan than the one previously presented to the Commission. Mr. Gatlin expressed that he is close to wrapping up an agreement with Sears and incorporating them in the development plans. He added that they are also at a point where they need to wrap things up with the lender and the seller in order to move forward. He further explained that they have positioned the site so that the front of Sears can be seen from the Walmart entrance and they have added Sears to the signs on the site. Mr. Gatlin stated that they would like to keep Sears on site and have them continue to be a tenant on the site. He added that they hope to have a document executed soon with Sears that includes them in the plans and they hope for demolition to begin in June or July on the rest of the buildings. 4 -28 -11 Page 2 No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -008. CLOSE PUBLIC HEARING There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to close the public hearing on Application No. 2011 -008, at 7:30 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011-06 There was a motion by Commissioner Kuykendall, seconded by Commissioner Morey, to adopt Planning Commission Resolution No. 2011 -06 recommending Preliminary Plat approval of Shingle Creek Crossing. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey and Schonning And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Planning Commission Resolution 2011 -06 is made part of these minutes by attachment. The Council will consider the application at its May 9, 2011 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2011-009 — LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT COMPANY, INC. Chair Rahn introduced Application No. 2011 -009, a request from Loren Van Der Slik for Gatlin Development Company, Inc., for a Planned Unit Development of the Brookdale Mall redevelopment to be known as Shingle Creek Crossing. Mr. Benetti presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 4 -28 -11 for Application No. 2011 -009 and the Director of Public Works memos dated 4- 25 -11, attached.) He stated that the applicant is seeking a Planned Unit Development proposal to allow the following changes to the original Brookdale redevelopment plan that includes Walmart as a major anchor: 1. The demolition of approximately 760,000 sq. ft. of the mall including the former JC Penney's, Mervyn's, Macy's and Midas stores. 2. The renovation of approximately 123,242 sq. ft. of the mall located north of Sears with architectural changes to provide exterior identity and access while maintaining an indoor mall component. 3. The planned development of a 402,489 sq. ft. community shopping center /town center that 4 -28 -11 Page 3 includes a major anchor retailer with groceries, three junior box retailers, six restaurant pad • sites, and four multi- tenant retail /service buildings. 4. The day- lighting of Shingle Creek and enhancements to on -site storm water management, landscaping and lighting. Mr. Benetti described the background and history of the Planning Commission's review of the redevelopment of the Brookdale Mall site to include the following: On February 7 2011 the P public hearing on Planning e lannin Commission conducted a 1 c Y g p g g Commission Application No. 2011 -003 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, for a Planned Unit Development Amendment to the Brookdale C- 2 /PUD, to be known as Shingle Creek Crossing. At that time the Commission directed the preparation of a resolution approving the proposed amendment with the appropriate findings and conditions. The resolution was intended to be presented at the March 3, 2011 meeting, however, due to a lack of quorum this item was postponed until a special meeting on March 10, 2011. At said meeting, the Planning Commission unanimously adopted a resolution recommending approval of the application for a Planned Unit Development Amendment to the 1999 Brookdale C -2 /PUD, (Planning Commission Application No. 2011 -003). On March 14, 2011, the City Council accepted the Planning Commission recommendation and • authorized the City Attorney to prepare the resolution and PUD development agreement for Application No. 2011 -03 submitted by Loren Van Der Slik for PUD Amendment approval to the Brookdale C -2 /PUD. On March 17, 2011, the Planning Commission reviewed Application No. 2011 -004 the Preliminary Plat for Shingle Creek Crossing, which would replat the existing Brookdale properties into four lots and two outlots to facilitate Phase I of the Shingle Creek Crossing PUD. This plat would exclude the existing Sears, Midas and Kohl's parcels. The Planning Commission also reviewed said Phase I development plan consisting primarily of the Walmart store development, access roads, walkways, streetscaping and lighting, along with the Architectural Design Guidelines that would govern this PUD site. The public hearing on the plat was opened and closed (without any public comments), and a secondary motion made to table this p lat to the March 31 2011 meetin g to allow city staff to address a number of concerns with the applicant. The Architectural Guidelines and Phase I items were provided under a "general presentation" by the applicant, with minimal recommendations or concerns raised by the Planning Commission. On March 22, 2011, representatives from Gatlin Development (Developer) Capmark Financial (property owners), Sears and city staff met to discuss on -going issues related to the site. The Developer agreed to postpone the March 31, 2011 Planning Commission meeting for final review of the Preliminary Plat of Shingle Creek Crossing. Subsequent to this meeting, the Developer informed staff that the Midas parcel was secured for acquisition and would now be included in the PUD and plat. The Developer further agreed to withdraw the original Planning 4 -28 -11 Page 4 Commission Application No. 2011 -03 (PUD Amendment), No. 2011 -004 (Preliminary Plat) and No. 2011 -005 (Site and Building Plan). At the March 31, 2011 Planning Commission meeting, staff informed the Commission that the applications noted above have been officially withdrawn by the Applicant /Developer. Mr. Benetti described the proposed revisions to the Planned Unit Development and Site and Building plan as indicated on the plans. Benetti pointed out that each lot/building site identifies the maximum building size allowed under this PUD plan, along with specific parking areas to accommodate typical retail uses or the restaurant uses. Benetti also discussed the Architectural Design Standards and Guidelines that would govern this site, particularly Class I and Class II materials as recommended by city planning staff in the April 28, 2011 Planning Information Sheet. These classes of materials are separated out in 50% and 25% thresholds that would be applied to each respective building. Mr. Benetti added that there are additional issues related to the final plans that staff anticipates they will work out with the applicant through future discussions. Benetti added that the site and building plans being reviewed under this planning application are referenced to the proposed Walmart facility and their related improvements, plus the Phase I improvements. Commissioner Kuykendall asked for clarification about the walkway near the Midas site. Mr. Benetti responded that the east -west road between Walmart and Midas contains a lot of openings with a disconnect that doesn't complete or connect the walkway system as shown in other places on the site. They have encouraged the applicant to look at the plan further to create a safer environment for all walkways on the site that connects one pedestrian area to another. Commissioner Morey asked about comments made about further landscaping on the Walmart site, specifically the parking areas. Mr. Benetti responded that the cart corrals are spaced openly on the site which provides adequate parking for the Walmart site and if they removed a few parking spaces, they could add additional landscaping on the site. Benetti recommended that only the westerly 7 -8 rows of double - parking be considered for this added landscaping. Commissioner Kuykendall stated CUB put in anti -lock mechanism so carts could not be removed from the site. She asked how they will keep carts on the site so they don't end up off site. Mr. Benetti stated that Walmart representatives or consultants are available tonight to answer that question. PUBLIC HEARING — APPLICATION NO. 2011-008 There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to open the public hearing on Application No. 2011 -008 at 8:05 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Commissioner Kykendall asked for her questions to be responded to by the applicant. 4 -28 -11 Page 5 Mr. Will Matzek, Kimley Horn and Associates, stated that the walkway is situated such that traffic is directed to the store fronts. He stated that they have had conversations with staff and will work on an acceptable plan. Commissioner Kuykendall stated that she feels that people will walk in the area referenced even if appropriate pathways are not there and she would encourage the applicant to look at that further. Mr. Matzek responded that they prefer to keep pedestrian along the store fronts but will consider changing that on the plan if the Commission desires such a change. Ms. Jackie Cook - Haxby, SAIC Architects, stated that the carts are not kept outside but in the entrances with cart corrals on either side of the building as well as in the parking lot. The theory is that most people will return the carts and if not, staff goes out and returns the carts. Commissioner Kuykendall stated that she would like Walmart to be pro- active in making sure the carts do not end up all over the city like carts from other retail stores around the city. No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -008. CLOSE PUBLIC HEARING There was a motion by Commissioner Morey, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2011 -008 at 8:1 1p.m. The motion passed unanimously. The Chair called for further discussion or q uestions from the Commissioners. The Commissioners indicated no objections to moving this application on to consideration of approval. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011-07 There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to recommend to the City Council that it approve Planning Commission Resolution No. 2011 -07 regarding the recommended disposition of Planning Commission Application No. 2011 -009, submitted by Loren Van Der Slik for Gatlin Development Company Co, Inc. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey and Schonning And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Planning Commission Resolution 2011 -07 is made part of these minutes by attachment. 4 -28 -11 Page 6 The Council will consider the application at its May 9, 2011 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM: Luther Automotive Group — Review of updates to Planning Commission Application No. 2008- 005 (Luther Brookdale Honda & Luther Toyota City Dealerships) 6700 and 6800 Brooklyn Boulevard The Luther Company is requesting preliminary review and input to their previously approved Planning Application No. 2008 -005, which rezoned the easterly side of Brooklyn Boulevard between I -94 and 69 Avenue North, addressed as 6700 and 6800 Brooklyn Boulevard from C -2 (Commerce) and R -3 (Multiple Family Residence) to PUD /C -2 (Planned Unit Development/ Commerce). The application also considered the approval of a site /building plan for the new Luther Brookdale Honda dealership and the new Luther Toyota City dealership. Mr. Benetti stated that this item is being presented unofficially at this time in order to provide an update to the Planning Commission and is not being considered or reviewed under any official public hearing process. Mr. Benetti added that staff does not have any issues with this proposal since the minor modifications do not affect previous approvals. Mr. Eitel added that the final plat of the property needs to be completed. Mr. Benetti added that if the Commission chooses to do so, staff will direct the Luther group to re- submit an official Site and Building plan application which will present and consider these revisions. This matter is intended to be presented to the Planning Commission under formal application consideration at the May 26, 2011 regular meeting. Mr. Eitel stated that since approval for this development was granted in 2008, it seems appropriate to send out notices again to surrounding property owners as if there were a public hearing to notify residents. There was a motion by Commissioner Morey, and seconded by Commissioner Schonning, to recognize the consistency of the previously approved Planning Commission Application No. 2008 -005 and further review the final site plan for review and approval at the May 26, 2011 Planning Commission meeting. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey, and Schonning The motion passed unanimously. OTHER BUSINESS: There was no other business. ADJOURNMENT There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:32 p.m. 4 -28 -11 Page 7 Recorded and transcribed by: Rebecca Crass 4 -28 -11 Page 8 City Council Agenda Item No. 9c • COUNCIL ITEM MEMORANDUM DATE: May 18, 2011 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Planning Commission Application No. 2011 -011 (6300 Brooklyn Boulevard) Recommendation: It is recommended that the City Council, following consideration of this matter, approve the Resolution Regarding the disposition of Planning Commission Application No. 2011 -011 Submitted by Jeff Kauerz for AutoZone for Planned Unit Development/Rezoning approval. Background: On May 12, 2011 the Planning Commission conducted a public hearing on Planning Commission Application No. 2011 -011 submitted by Jeff Kauerz for AutoZone for Planned Unit Development /Rezoning approval of the property located at 6300 Brooklyn Boulevard. At that time, the Commission adopted Planning Commission Resolution No. 2011 -09, a resolution recommending approval of said rezoning with certain findings and conditions. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2011 -011, an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents included in this review. Budget Issues• There are no budget issues to consider. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans. Mission: Ensuring an attractive, clean, safe community- that enhances the quali4 of life andpreserves the public trust Application Filed on April 12, 2011 City Council Action must be completed by June 11, 2011 (60 Days) Planning Commission Information Sheet Application No. 2011 -011 Applicant: Jeff Kauerz for Auto Zone Inc. Location: 6300 Brooklyn Blvd. Request: Rezoning of Property from C -2 Commerce to PUD /C -2 Planned Unit Development /Commerce District Meeting Date: May 12, 2011 INTRODUCTION The applicant, Jeff Kauerz for Auto Zone Inc. is requesting rezoning of certain properties from C -2 Commerce to PUD /C -2 Planned Unit Development /Commerce District. The subject site is generally located at the northeast corner of Brooklyn Boulevard and 63 Avenue North, addressed as 6300 Brooklyn Blvd. The portion of this property subject to this rezoning is shaped by approval or acceptance of the Rainbows Garden City Second Addition plat, which is being considered under separate application and approval by the Planning Commission. The primary purpose of this rezoning is to provide the needed flexibility to the applicant in securing adjacent (yet technically off -site) parking areas from the current owners of the MaxSun market property, allow for access easement and driveway rights between property owners, and further rovi e p d a zero lot line setback between parking facilities. The existing Walgreen's remains separate from this rezoning (as it was for the proposed plat). If this rezoning is allowed to proceed, the applicants will process and file a final plat, record any related easement documents, and afterwards complete the purchase of proposed Lot 1 Block 1 of Rainbows Garden City Second Addition, including the renovation to their new Auto Zone retail auto parts store. BACKGROUND INFORMATION In 1996, the City approved the redevelopment of the entire subject site by accepting a new Site and Building Plan for the new Rainbow Foods, Walgreens and Hollywood Video store. Shortly thereafter, the City also accepted a new plat separating the Walgreen's parcel from the overall 14 acre site. As part of this Plat approval, a companion Special Use Permit application was also reviewed and approved allowing Walgreen's (Lot 1) the ability to use 20 additional parking spaces in the Rainbow Foods parcel (Lot 2), which at that time had 29 extra spaces. City Council accepted all of these applications and the site continues to function on those arrangements. 5 -12 -11 Page 1 This shared parking and drive aisle arrangement presented by this Applicant is somewhat similar to the previous Walgreen's shared parking arrangement. However, in the Walgreen's 1996 case, and even in this current situation, what was not factored in or addressed as part of the approvals was the allowances for zero lot line setbacks for parking facilities. Under this PUD rezoning application, the City is considering allowing not only the flexibility to provide off -site parking, but also shared parking and access rights and zero lot line standards. PARKING ISSUES The subject site consists of 12.41 acres, and from this tract, a 1.08 acre parcel will be carved out to accommodate the new AutoZone owners. The existing 9,645 sq. ft. retail building remains intact, except for some minor exterior and interior improvements by AutoZone. The new lot contains up to 33 existing (marked) spaces. However, the plans submitted by the applicant indicate only the 9 spaces to the north of the store plus the 56 spaces to the immediate east, or 65 total spaces will be made available to AutoZone. The plans further call for MaxSun's owners (BCK Enterprises LLC) to provide up to an additional 18 spaces to the north of the store's front parking area, for a total of up to 83 spaces specifically for AutoZone customers and employees. The parking standards found in the Zoning Code requires 5.5 spaces per 1,000 sq. ft. of gross floor area (GFA), or in this case approximately 53 spaces. The 33 marked spaces on the future AutoZone lot alone would not make this possible without some form of parking variance or waiver. However, the 65 allocated spaces easily make up this difference and staff does not feel this will take away from any of the overall parking needs of the MaxSun center, nor Walgreen's. The City Engineer, as part of his review and recommendations, included a condition of a "Parking Study." City Planning staff has conferred with the City Engineer on this matter and we are in agreement that no parking study is needed or warranted at this time; however, should the property owners, BCK Enterprises, elect to carve out more land for additional commercial /retail sites, a parking study would be warranted. ZONING The property is currently zoned C -2 Commerce District. The applicant is requesting a rezoning of the subject properties from the existing C -2 to a PUD /C -2 Planned Unit Development /Commerce District. Please keep in mind only the 12.41 acres that incorporate the MaxSun and former Hollywood Video store sites are included as part of this rezoning. No part of Walgreen's is included and shall remain as C -2 Zone. Section 35 -355 of the Zoning Ordinance provides for Planned Unit Developments (PUD) to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserves energy and ensures a high quality of design. The intended use of this PUD is to allow for the reduction of parking setbacks, or in this case a zero lot line setback. The use of zero perimeter setback standards will provide a seamless 5 -12 -11 Page 2 transition between parking areas and allow for the agreed upon provision for AutoZone and MaxSun properties to share and allow customers the privilege to travel freely between parking facilities. This deviation does not take away from the overall intended use of this site and the shared parking and access agreements ensure that parking remains a shared commodity and resource between these two separate commercial uses. COMPREHENSIVE PLAN The Land Use Element of the 2030 Comprehensive Plan Update identifies this site as an RB- Retail Business area. Typical commercial business, retail and office /service uses would be allowed in this area. No changes to the Land Use are planned or requested under this application. PUD APPLICATION AND REVIEW PROCESS The overall development plan and preliminary plat are attached for the Commissioner's review. The development plan and components of the future shared parking and access agreements are provided for under City Code Section 35 -355, Planned Unit Development, Subdivision 5, Application and Review (which are attached to the back of this report for your consideration). The PUD provisions require that a development include sufficient information and details which allows the evaluation of the plans to address the following criteria: 1. Compatibility of the plan with the standards, purposes and intent of the PUD ordinances. 2. Consistency of the Plan with the goals and policies of the Comprehensive Plan. 3. The impact of the Plan on the neighborhood in which it is to be located. 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, buffering, and landscaping. RECOMMENDATION Staff recommends the Planning Commission provide a motion recommending approval of Planning Commission Application No. 2011 -011, the Rezoning of the subject site noted herein from C -2 Commerce District to PUD /C -2 Planned Unit Development /Commerce, subject to the following conditions: 1. Completion of the platting of Rainbows Garden City Second Addition. 2. City Attorney review and approval of the submitted document labeled "Exhibit " which provides legal descriptions and illustrations of the proposed parking easements, access easements and shared access easements to serve the existing and future owners of proposed Lot 1 and 2, Block 1, Rainbows Garden City Second Addition, and 5 -12 -11 Page 3 including Lot 1, Block 1 Rainbows Garden City Addition (Walgreen's). 3. Property owners shall provide an executed copy (with all affected property owners signatures) of the shared access easements and parking easements prior to release of the final plat. Said agreement must show or detail which parking stalls are to be shared. 4. Provide cross utility agreements between the properties. 5. The fifty -six (56) parking stalls (east of AutoZone) should be identified and included in the shared parking access exhibits. 6. Revise the north arrow on the preliminary plat to indicate north correctly. 7. Execution of a PUD development agreement as prepared by the City Attorney. Please note these same conditions are memorialized in the attached Planning Commission Resolution No. 2011 -08, and may be modified as deemed necessary. 5 -12 -11 Page 4 Section 35 -355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations. a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD- , MIXED." b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying'zoning district subject to the following: 1. Regulations may be modified expressly by conditions imposed • by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD - MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. C. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD- MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds that at least one of the following conditions exists: Cit rookl n Center 35 -1 Cit � o f y Ordinance 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right -of- way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35 -400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. C. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35 -400 to 35 -414 and Section 35 -700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35 -704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. C. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. e. The uniqueness of each PUD requires that specifications and standards City of Brooklyn Center 35 -2 City Ordinance for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City, except that these subdivisions and plans must be in conformance with all watershed, state, and federal storm water, erosion control, and wetlands requirements. Subdivision 5. Application and Review. a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan, including temporary and permanent erosion control provisions; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall hold a public hearing on the . development plan. Notice of such public hearing shall be published in the City of Brooklyn Center 35 -3 City Ordinance official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35 -210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35 -210 of this ordinance. C. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35 -210 of this ordinance. Approval of the development plan shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35 -208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses; densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35 -230 of this ordinance. In addition to the information specifically required by Section 35 -230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. The plan submitted for approval pursuant to Section 35 -230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. City of Brooklyn Center 35 -4 City Ordinance e. Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactory to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35 -230 by submitting all information required for both simultaneously. g. After approval of the development plan and the plan approval required by Section 35 -230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. h. If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by Subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. Cit rookl n Center 35 -5 Cit Ordinance � o f y � MEMORANDUM DATE: May 4, 2011 TO: Tim Benetti, Planning and Zoning Specialist FROM: Bruce Johnson, Engineering Technician Supervisor SUBJECT: Public Works Preliminary Plat Review— Rainbows Garden City Second Addition, (AUTOZONE) Public Works Department staff reviewed the preliminary plan submittal dated April 11, 2011, for the proposed Rainbows Garden City Second Addition and have the following comments: 1. A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 2. An updated certified abstract of title or registered property report must be provided to the City Attorney for review at the time of the final plat application (within 30 days of release of the final plat). 3. An overall easement agreement is required that will provide the City accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building occupancy. 4. The plat must include dedicated easements over the following locations and existing or proposed public utility and trail /sidewalk locations, as determined by the City Engineer: a. Provide a sidewalk easement along the east property line along Beard Avenue. The easement must be two (2) foot in width. b. Provide sidewalk easement along the southerly property line along 63rd Avenue. The easement must be two (2) foot minimum from the outside edge of the sidewalk. 5. All existing public easements that are prescribed to be dedicated on the final plat must be vacated. If the public easement is to remain, the easement must be shown on the preliminary and final plats with recorded document number referenced. 6. Cross access, parking and utility agreements are required between all necessary parcels. 7. Revise the north arrow on the preliminary plat to indicate north correctly. 8. Provide an executed copy of a shared access easement over Lot 2, Block 1 of the proposed plat for a shared driveway access onto CSAH 152 and onto 63 Avenue. A shared access agreement between the properties including Lot 1, Block 1 Rainbows Preliminary Plan Review Memo — Rainbow Garden City Second Addition Page 2 May 5, 2011 Garden City First Addition must be provided prior to release of the final plat. 9. Provide cross utility agreements between the properties. 10. The preferred shared access agreements should blanket the parking lot, with exception to Lot 1, Block 1, Rainbow Garden City easement. 11. The parking stalls east of AUTOZONE must be included in the shared parking access exhibit. 12. Provide a shared parking agreement showing which parking stalls are to be shared. Provide a parking study. 13. The boundary and topographic survey must show the sanitary sewer and water service and material. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The preliminary plan (site plan and preliminary plat) must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plat and final site plans may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. )GISMap Output Page Page 1 of MaxSun & AutoZone Properties { _ m F — �m __.._ — ------ _-- _...... "....__ ...... ".... E.A. .i... Cahlande, Park 7 i - — J . Ff rden City Park. B5TH AVE N LI 1 wy t : f / BATH Al(E N-•,. -"` .� I W q "k .. J / � /i % ..POE.FRD._ Marli -- - - - - '.•.� ,� / O H E N RY RD � LA t^ W RD AVE N t JO ( 3 '"`3 `�,,.i,C✓= tN • - 1 a+ 1 I S 4 { 62ND AVE N t l , ' S y �� -•`.Y A 7 � 7-"`- t 62ND AVE N _ 1__— j r zr�, Qr�a »��.A�zttis s.��a�s _...r._..JANE7.LN.... UMan stad'Pa rk i `� £� "� �. ._ „r' - � �• °- r 1 i Planning ACIP11catin No. 2011 -010 and 2011 -011 N kk el A3 IN g PID: 3411921420030 2 x;r o 6300 Brooklyn Blvd : �" � Brooklyn Center, MN 55429 C IE p:// gis. logis. org/ LOGIS_ ArelMS /ims ?ServiceName= bc_logismap _ovsde &ClientVersion =4.0 &Form= True &... 5/10/201 LA m -n m �_f_.. _ 1 C.�.�. . ;. f LA r w PA9-KING 84S'E WENTS 11 1 p Exlsrwc AUTOZONE WALGREENS ; �$ g � ,•'':.:, �-r�`+ 1� f� I j�— '— . —j--I— ;±r- I—�� —i ; j --- i I ,� t � I � \'•'. Y NE COP. LOT I,' I RAINBOWS GARDEN I.; CITY SECONb ADDIt1OrJ I +" ��' �, � x ! kra , 4 BUILDING 81.00 Q F i if �Q 2 ---N UNE LOT I, gLK. I { Ws G t ;RAIN 0 a'P DEN CITY SE DDITro t if if EXISTING J BUILDING X 70 O n m . 0 > 63RD AVENUE N. m m C) -� r1 (n O m cm r- Z -1 9 m O O� m = z T rn N O • • ! EXHIBIT ___ PROPOSED PARKING EASEMENT FROM BCK TO BENEFIT AUTOZONE (4/1 1 /1 1): An easement for parking purposes over and across that part of Lot 2, Block 1, RAINBOWS GARDEN CITY SECOND ADDITION, Hennepin County, Minnesota described as commencing at the northeast corner of Lot 1, said Block 1, RAINBOWS GARDEN CITY SECOND ADDITION; thence North 89 degrees 59 minutes 54 seconds West, assumed bearing along the north line of said Lot 1, a distance of 16.35 feet to the point of beginning; thence continuing North 89 degrees 59 minutes 54 seconds West, along said north line 81.00 feet; thence North 00 degrees 00 minutes 06 seconds East 63.00 feet; thence South 89 degrees 59 minutes 54 seconds East 81.00 feet; thence South 00 degrees 00 minutes 06 seconds West 63.00 feet to the point of beginning. SHEET 2 OF 2 SHEETS cn O r, � �" P y777 �r 1, RAINBOWS LINE L& 2,` BLK. i »at LA ��' I, RAINBOWS GARDEN Ij m - - - -5. LINE LOT I �.: j OITYI SECOND ADDITION �,i=!; P Fa BLK. I, RAINBOWS , , I ._ cn GARDEN CITY ADDN' SE. COR. LOT BLK. I RAINBOWS 0 p ��, GARDEN CITY ADDN ! " ' p EXIStING j 3 r' - !ACC'E5S EASEMENTS I ' co a O ; WALGREENS F ROM BCK T -,, Q cA S poo0 E:1 o0 + I ;!. i; ;.,; T 1 �� O �L ` , ,�, 'I N II ���U J �� + ' y ' � ' '' y4 '. 1 . `2 i� 9 N89595441.�, i f , F - i; EXISTING v i ieh,. BUILDING $ P, o� ° `';;?. 1 ! -- 8'479 , �,;W' rn 00010 .,.•` Z � `�, 00 � ;.NSg ?M , ,� NE; OOR, 1 { i ,�� i C � ^ ;u v '✓ F RAIn1BOW. G EN ; I m n N o • d rn of CITY SECOND ITION J 1 , . oo I f`IN89 "w 1 a 0000 W j I _- - ' `� A J� W ch q 11 11 V�iiH I i I i i r �8.�y I � � ` i __. -. .���,•', � I I � I if 2 �O, p off ' , - 9 954 90 rG'� �,• BUILDING 4`- 3.56 .l �Z ',, EXIStING i L,2 _ O O > e, Y✓ r ' N;` 1 ,, . 1 R . 5 Q0 o -- ' - PARL�II�`IG EASEMENTS S00°0pg3631 z H- ; FROM BCK TO BENEFIT -n om 3 3� 4 { ; �-- ' ' i ; . AUTOZONE 0 O va� ----- - - - - -- $1 : 06 „O r I 50 0,0. g 0 O 45 00''x,, (1 m I S89 ° 59 54'E S. LINE LOT 2, BLK. 1 — E. LINE L07 I, BLK. I .� -- O n RAINBOWS GARDEN SE COR LOT I, - -' 63RD AVENUE N . RAINBOWS GARDEN M m SECOND ADDN BLK. I, RAINBOWS GARDEN CITY AWN vaa. S w _ - . -- .. _ . - ,�.. _ z cn m LA cn o =1 D D Z LA r- >m m O oz z p� m = z 2q �m O EXHIBIT ___ PROPOSED ACCESS EASEMENT FROM BCK TO BENEFIT AUTOZONE (4/11 /11): An easement for access purposes over and across that part of Lot 2, Block 1, RAINBOWS GARDEN CITY SECOND ADDITION, Hennepin County, Minnesota described as commencing at the northeast corner of Lot 1, Block 1, said RAINBOWS GARDEN CITY SECOND ADDITION; thence North 89 degrees 59 minutes 54 seconds West, assumed bearing along the north line of said Lot 1, a distance of 111.52 feet to the point of beginning of the easement to be described; thence North 00 degrees 01 minutes 07 seconds West 88.74 feet; thence North 89 degrees 59 minutes 54 seconds West 12.29 feet to a west line of said Lot 2; thence South 00 degrees 00 minutes 06 seconds West, along said west line, 12.00 feet to the southeast corner of said Lot 1, Block 1, RAINBOWS GARDEN CITY ADDITION, Hennepin County, Minnesota; thence North 89 degrees 59 minutes 54 seconds West, along the south line of Lot 1, 84.09 feet; thence westerly, continuing along said south line 72.81 feet along a tangential curve concave to the south having a radius of 175.00 feet and a central angle of 23 degrees 50 minutes 17 seconds to a westerly line of said Lot 2; thence South 18 degrees 00 minutes 54 seconds East, not tangent to last described curve and along said westerly line 12.06 feet; thence North 66 degrees 09 minutes 49 seconds East 1.22 feet; thence easterly 67.82 feet along a tangential curve concave to the south having a radius of 163.00 feet and a central angle of 23 degrees 50 minutes 17 seconds; thence South 89 degrees 59 minutes 54 seconds East 54.39 feet; thence southeasterly 23.56 feet along a tangential curve concave to the southwest having a radius of 15.00 feet and a central angle of 89 degrees 58 minutes 48 seconds; thence South 00 degrees 01 minutes 07 seconds East 49.74 feet to the north line of said Lot 1, Block 1, RAINBOWS GARDEN CITY SECOND ADDITION; thence South 89 degrees 59 minutes 54 seconds East, along said northerly line, 27.00 feet to the point of beginning AND An easement for access purposes over and across that part of Lot 2, Block 1, RAINBOWS GARDEN CITY SECOND ADDITION, Hennepin County, Minnesota described as beginning at the northeast corner of Lot 1, Block 1, said RAINBOWS GARDEN CITY SECOND ADDITION; thence South 00 degrees 00 minutes 06 seconds West, assumed bearing along the east line of said Lot 1 a distance of 38.00 feet to the point of beginning of the easement to be described; thence continuing South 00 degrees 00 minutes 06 seconds West, along said east line, 24.00 feet; thence South 89 degrees 59 minutes 54 seconds East 135.84 feet; thence southeasterly 23.56 feet along a tangential curve concave to the southwest having a radius of 15.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence South 00 degrees 00 minutes 06 seconds West 33.26 feet; thence South 13 degrees 31 minutes 31 seconds West 47.04 feet; thence South 00 degrees 00 minutes 06 seconds West 68.00 feet to the south line of said Lot 2; thence South 89 degrees 59 minutes 54 seconds East, along said south line, 45.00 feet; thence North 00 degrees 00 minutes 06 seconds East 186.00 feet; thence North 89 degrees 59 minutes 54 seconds West 184.84 feet to the point of beginning. SHEET 2 OF 2 SHEETS cn m ;V M I °�- ° P,- ,�.� -�._ N ✓ !' � .I!i.iii.�ii' i+ I ; +I !�i iiiilii!l- i�r 0 LA �+ I f ``" is m \ yjyp i_ y 4- - 3 m fj�j J is ,EXISTING ; . ' i IA b WALGREENS \ , f ,�- �:; �+ � � - i i- ;-- i- �- 1�- �- ;- f ±!- jT'� -� - �� i -c -1 I r '` • i { ' ACCESS EASEMENTS t EXISTING I I m ,', BUILDING I i FRt�l1�1, f�;q �;•.::�� �,..�,.... „m,,.,.n, �� i ;� � I BENEF,�TrQ�'jC',� �g � ! � N. LINE LOT I, BLK. I '( i R ,L \, moo o� P-NNBQW$ PkRP (CITY Mlt Q o$! $�GQNET APIiIQ i a J N ^ NE COP,. LOT I, BLK. it O RAINBOWS + GAP,DEN CITY 500 '01'07 / CF)NDDDITIOIV I I I \ �Q 2 62.00 89 5 54 `' gf i s. _r EXISTING �'� o.- ; j i i 1 ''y , 1 BUILDING p Z u — - rfi. i i It O p N80 032'21 03 M .41 m �^ E9CIaE I; -BLK -1 T _ Z m SE COR. LOT I, m Zi p RAINBOWS GARDEN -n y CITY fi RAINBOWS GARDEN 63RD AVENUE N. W CITY SECOND._ ADDN CITY SECOND ADDN . -. _ - - -- n T.Krn N O y LA r) O �T Z N Z z - m m = - N O • • ! PROPOSED ACCESS EASEMENT FROM AUTOZONE TO BENEFIT BCK (4/11 /11): An easement for access purposes over and across that part of Lot 1, Block 1, RAINBOWS GARDEN CITY SECOND ADDITION, Hennepin County, Minnesota described as commencing at the northeast corner of said Lot 1; thence North 89 degrees 59 minutes 54 seconds West, assumed bearing along the north line of said Lot 1, a distance of 111.52 feet to the point of beginning; thence continuing North 89 degrees 59 minutes 54 seconds West, along said north line 27.00 feet; thence South 00 degrees 01 minutes 07 seconds East 62.00 feet; thence South 89 degrees 59 minutes 54 seconds East 108.50 feet; thence South 00 degrees 00 minutes 06 seconds West 133.00 feet; thence North 80 degrees 32 minutes 21 seconds East 30.41 feet to the east line of said Lot 1; thence North 00 degrees 00 minutes 06 seconds East, along said east line 152.00 feet to a point 38.00 feet southerly of said northeast corner of Lot 1; thence North 89 degrees 59 minutes 54 seconds West 111.50 feet, thence North 00 degrees 01 minutes 07 seconds West to the point of beginning. SHEET 2 OF 2 SHEETS EXHIBIT ___ _ - -- ...... - -' - -= —. —. _ - - - -- i own IN - - - - - -- . -._._. i t Po I h M � 5� I - xwMwawi � I I t Z - -- ... - ._......i i - : : : :: LU ca NORTH - -: - - -; } i w 1 - 1 Q ,.� ------ - rn a� - • 1`t 4' a _ t 1 ILO - - - -. —' � -- - I i T " "- - - - - -- _ J m- .}.._. - - - - -- ------- .___.__ 0 120 - -- ---- 1 ai cn_�S.__ : _. - i - -- __ - -- . <' I SCALE IN FEET - -- -- -..._ i - j .... --� - - -. ..' : - -- - - -- -- o 1_.__ - - -- - - - -- ------ - - - - -- - o a v I I - z_w Ln a i = Of - -' s;.. W N vimc 0 � wa - J4• LCJ p. ii � W N - m .. PROPOSED ACCESS EASEMENT FROM WALGREENS TO BENEFIT AUTOZONE v 0l� PROPOSED ACCESS EASEMENT FROM WALGREENS TO BENEFIT AUTOZONE (4/11 /11 \ An easement for access purposes over and across the south 12.00 feet of Lot 1, j Block 1, RAINBOWS GARDEN CITY ADDITION, Hennepin County, Minnesota. SHEET 1 OF 1 SHEETS II II MONSOON • al'' ' 'i I , R quip 1 N89*J925"L; JO. 46 WALCIZEENS R S89'59'58"W 45.79 Z-1 EXISTINO (Z)C41 PIP Ool S89*49'56"W 89.24 41, MA OVA 9 � .14 MA Ow, 75 *55:56 MP" 53 700 00 "E N89 280.70 EXHIBIT ___ PROPOSED ACCESS PARKING EASEMENT FROM BCK TO AUTOZONE: An easement for access and parking purposes over and across that part of Lot 2, Block 1, RAINBOWS GARDEN CITY SECOND ADDITION, Hennepin County, Minnesota described as beginning at the southeast corner of said Lot 2; thence North 89 degrees 59 minutes 54 seconds West, assumed bearing along the south line of said Lot 2, a distance of 280.70 feet; thence North 04 degrees 32 minutes 31 seconds East 15.62 feet; thence northeasterly 132.53 feet along a tangential curve concave to the southeast having a radius of 100.00 feet and a central angle of 75 degrees 55 minutes 56 seconds; thence North 80 degrees 28 minutes 27 seconds East 8.14 feet; thence northeasterly 140.38 feet along a tangential curve concave to the northwest having a radius of 100.00 feet and a central angle of 80 degrees 25 minutes 55 seconds; thence North 00 degrees 02 minutes 33 seconds East 357.86 feet; thence northwester) 78.55 feet along a tangential curve Y 9 9 concave to the southwest having radius of 50.00 feet and a central angle of 90 degrees rees 9 9 00 minutes 33 seconds; thence North 89 degrees 58 minutes 01 seconds West 792.57 feet; thence westerly 84.11 feet along a tangential curve concave to the south having a radius of 200.00 feet and a central angle of 24 degrees 05 minutes 41 seconds; thence South 66 degrees 16 minutes 34 seconds West 50.34 feet to a west line of said Lot 2; thence South 23 degrees 50 minutes 20 seconds East, along said westerly line, 46.57 feet; thence North 64 degrees 47 minutes 14 seconds East 122.77 feet; thence North 89 degrees 51 minutes 35 seconds East 162.65 feet; thence southeasterly 13.94 feet along a tangential curve concave to the southwest having a radius of 15.00 feet and a central angle of 53 degrees 14 minutes 50 seconds; thence South 89 degrees 59 minutes 54 seconds East, not tangent to last described curve, 14.49 feet; thence South 00 degrees 00 minutes 06 seconds West 268.25 feet; thence South 89 degrees 59 minutes 54 seconds East 12.29 feet; thence South 00 degrees 01 minutes 07 seconds East 25.74 feet; thence South 89 degrees 59 minutes 54 seconds East 95.19 feet; thence South 00 degrees 00 minutes 06 seconds West 63.00 feet to the north line of Lot 1, Block 1, RAINBOWS GARDEN CITY SECOND ADDITION; thence South 89 degrees 59 minutes 54 seconds East, along said north line, 16.35 feet; thence South 00 degrees 00 minutes 06 seconds West, along the east line of said Lot 1 a distance of 38.00 feet; thence South 89 degrees 59 minutes 54 seconds East 184.84 feet; thence North 00 degrees 09 minutes 40 seconds East 385.69 feet; thence northeasterly 23.51 feet along a tangential curve concave to the southeast having a radius of 15.00 feet and a central angle of 89 degrees 48 minutes 25 seconds; thence North 89 degrees 58 minutes 05 seconds East 243.66 feet; thence southeasterly 23.55 feet along a tangential curve concave to the southwest having a radius of 15.00 feet and a central angle of 89 degrees 57 minutes 42 seconds; thence South 00 degrees 04 minutes 14 seconds East 124.00 feet; thence North 89 degrees 39 minutes 25 seconds East 30.46 feet; thence South 00 degrees 07 minutes 19 seconds West 128.91 feet; thence South 89 degrees 59 minutes 58 seconds West 45.79 feet; thence South 00 degrees 06 minutes 47 seconds West 89.21 feet; thence South 89 degrees 49 minutes 56 seconds West 89.24 feet; thence South 00 degrees 17 minutes 58 seconds East 106.20 feet; thence North 89 degrees 58 minutes 17 seconds West 155.07 feet; thence South 00 degrees 55 minutes 13 seconds East 15.00 feet; thence North 89 degrees 59 minutes 54 seconds West 15.61 feet; thence South 00 degrees 00 minutes 06 seconds West 32.41 feet; thence South 89 degrees 59 minutes 54 seconds East 16.54 feet; thence South 00 degrees 37 minutes 49 seconds East 38.00 feet; thence southeasterly 31.21 feet along a tangential curve concave to the northeast having a radius of 20.00 feet and a central angle of 89 degrees 24 minutes 20 seconds; thence North 89 degrees 57 minutes 51 seconds East 93.00 feet; thence South 15 degrees 00 minutes 54 seconds East 19.00 feet to the south line of said Lot 2; thence South 89 degrees 59 minutes 54 seconds East, along said south line 31.55 feet to the point of beginning. SHEET 2 OF 2 SHEETS peavfmp 11f17J 'JI1I�J71t � I 105' 77 016 ?,4 TO MITFIvleiTTI I'llif 11 [if 711 gfe► ��t 1 1r1� 1 1 1 1 I, ese .urcela I i i f t Ra • 1e • �0008 44 Of-AM MANI I �Ll.U..Li I� JJII� W 11TC .ICC�1•� � • A N - H • , M w` • Lw I �XHiSIT 63 1 r i LOT I Accrz" AND EASEtWiT PA;ib - a "OT TP 16CAL@ L 1 adoption: Member Parks introduced the following resolution and moved its PLANNING COMMISSION RESOLUTION NO. 2011 -09 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -011 SUBMITTED BY JEFF KAUERZ ON BEHALF OF AUTOZONE INC. WHEREAS, Planning Commission Application No. 2011 -011 submitted by Jeff Kauerz on behalf of AutoZone Inc. proposes rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of a 12.41 acre lot; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property to provide flexibility in the establishment of shared parking and access easement rights across property lines, plus allowance of a zero -lot line setback between parking facilities; and WHEREAS, the Planning Commission held a duly called public hearing on May 12, 2011 when a staff report and public testimony regarding the rezoning, overall development plan and access easement documents with legal descriptions and illustrations demonstrating the shared parking and access easements were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -011 submitted by Jeff Kauerz on behalf of AutoZone Inc. be approved based upon the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform to ordinance standards established by the underlying C -2 Zone. These modifications from the C -2 standards are justified on the basis of the development being an 1 appropriate sharing of parking resources and facilities between these properties and the commercial uses for this area. Furthermore, this PUD offsets or mitigates the requirements of installing physical separators or improvements that may impede normal, orderly and seamless transition between properties by customer vehicles and pedestrians. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. 6. Based upon the above considerations, it is believed that the guidelines for evaluating rezoning as contained in Section 35 -208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -011 be approved subject to the following conditions and considerations: 1. Completion of the platting of Rainbows Garden City Second Addition. 2. City Attorney review and approval of the submitted document labeled "Exhibit " which provides legal descriptions and illustrations of the proposed parking easements, access easements and shared access easements to serve the existing and future owners of proposed Lot 1 and 2,. Block 1, Rainbows Garden City Second Addition, and including Lot 1, Block 1 Rainbows Garden City Addition (Walgreen's). 3. Property owners shall provide an executed copy (with all affected property owners signatures) of the shared access easements and parking easements prior to release of the final plat. Said agreement must show or detail which parking stalls are to be shared. 4. Provide cross utility agreements between the properties. 5. The fifty -six (56) parking stalls (east of AutoZone) should be identified and included in the shared parking access exhibits. 6. Revise the north arrow on the preliminary plat to indicate north correctly. 7. Execution of a PUD development agreement as prepared by the City Attorney. 2 Date Chair ATTEST Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Morgan and upon vote being taken thereon, the following voted in favor thereof: Chair Pro Tem Kuykendall, Commissioners Morey, Morgan, Parks, and Schonning and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I 3 City Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. 2011 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -011 SUBMITTED BY JEFF KAUERZ ON BEHALF OF AUTOZONE INC. WHEREAS, Planning Commission Application No. 2011 -011 submitted by Jeff Kauerz on behalf of AutoZone Inc. proposes rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of a 12.41 acre lot; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property to provide flexibility in the establishment of shared parking and access easement rights across property lines, plus allowance of a zero -lot line setback between parking facilities; and WHEREAS, the Planning Commission held a duly called public hearing on May 12, 2011 when a staff report and public testimony regarding the rezoning, overall development plan and access easement documents with legal descriptions and illustrations demonstrating the shared parking and access easements were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance and the City's Comprehensive Plan. WHEREAS, the Planning Commission recommended approval of Application No. 2011 -011 by adopting Planning Commission Resolution No. 2011 -09 on May 12, 2011; and WHEREAS, the City Council considered the Planned Unit Development rezoning and in light of all testimony received, the guidelines and standards for evaluating this rezoning contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance and complies with the goals and objectives of the City's 2030 Comprehensive Plan and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -011 submitted by Jeff Kauerz on behalf of AutoZone Inc. be approved based upon the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in RESOLUTION NO. 2011 question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform to ordinance standards established by the underlying C -2 Zone. These modifications from the C -2 standards are justified on the basis of the development being an appropriate sharing of parking resources and facilities between these properties and the commercial uses for this area. Furthermore, this PUD offsets or mitigates the requirements of installing physical separators or improvements that may impede normal, orderly and seamless transition between properties by customer vehicles and pedestrians. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. 6. Based upon the above considerations, it is believed that the guidelines for • evaluating rezoning as contained in Section 35 -208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center approved Planning Application No. 2011 -011 subject to the following conditions and considerations: 1. Completion of the platting of Rainbows Garden City Second Addition. 2. City Attorney review and approval of the submitted document labeled "Exhibit which provides legal descriptions and illustrations of the proposed parking easements, access easements and shared access easements to serve the existing and future owners of proposed Lot 1 and 2, Block 1, Rainbows Garden City Second Addition, and including Lot 1, Block 1 Rainbows Garden City Addition (Walgreen's). 3. Property owners shall provide an executed copy (with all affected property owners signatures) of the shared access easements and parking easements prior to release of the final plat. Said agreement must show or detail which parking stalls are to be shared. 2 RESOLUTION NO. 2011 4. Provide cross utility agreements between the properties. 5. Revise the north arrow on the preliminary plat to indicate north correctly. 6. Execution of a PUD development agreement as prepared by the City Attorney. Date Mayor ATTEST City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember 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. 3 City Council Agenda Item No. 9d • 1 COUNCIL ITEM MEMORANDUM DATE: May 18, 2011 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist - - -L-01 THROUGH: Gary Eitel, Director of Business and Development + cCf SUBJECT: Planning Commission Application No. 2011 -010 (6300 Brooklyn Boulevard) Recommendation: It is recommended that the City Council, following consideration of this matter, approve the Resolution Regarding the disposition of Planning Commission Application No. 2011 -010 Submitted by Jeff Kauerz for AutoZone for Preliminary Plat /Subdivision approval. Background: On May 12, 2011 the Planning Commission conducted a public hearing on Planning Commission Application No. 2011 -010 submitted by Jeff Kauerz for AutoZone for Preliminary Plat /Subdivision approval of the property located at 6300 Brooklyn Boulevard to be known as Rainbows Garden City Second Addition. At that time, the Commission adopted Planning Commission Resolution No. 2011 -08, a resolution recommending approval of the proposed preliminary plat, subject to certain findings and conditions. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2011 -008, an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents included in this review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans. Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life and preserves the public trust� Application Filed on April 12, 2011 City Council Action must be completed by June 11, 2011 (60 Days) Planning Commission Information Sheet Application No. 2011 -010 Applicant: Jeff Kauerz for AutoZone Inc. Location: 6300 Brooklyn Blvd. Request: Preliminary Plat Approval of Rainbows Garden City Second Addition Meeting Date: May 12, 2011 INTRODUCTION The applicant, Jeff Kauerz for AutoZone Inc. is requesting Preliminary Plan (Plat) approval of Rainbows Garden City Second Addition. The subject site is generally located at the northeasterly corner of Brooklyn Boulevard and 63 Avenue North, addressed as 6300 Brooklyn Boulevard. This new plat will facilitate the legal separation of the former Hollywood Video and portions of the surrounding parking areas from the overall Max Sun Grocery retail center site. Two new lots will be created from this replatting; Lot 1 Block 1 and Lot 2 Block 1. The existing • Walgreen's shall remain separate from this plat and under the original Rainbows Garden City Addition as Lot 1, Block 1 of said plat. Once completed, Mr. Kauerz will be able to purchase said Lot 1 Block 1 of Rainbows Second and complete the renovation to their new Auto Zone retail auto parts store at said location. Additionally, as part of the replatting of this property, two additional and separate right of way segments will be provided along Brooklyn Boulevard (County Road No. 152). This extra right of way is to ensure sufficient boulevard areas for future streetscape and trail /sidewalk improvements. ZONING The property is currently zoned C -2 Commerce District. The applicant is also requesting a rezoning of this proposed replatted area from this existing C -2 to a Planned Unit Development /Commerce (PUD /C -2) zone. This rezoning is under separate application consideration and will follow the recommendation of approval for this replatting. The specific nature or intent of this rezoning will be explained or provided in the report following the conclusion of this item's public hearing. COMPREHENSIVE PLAN The Land Use Element of the 2030 Comprehensive Plan Update identifies this site as an RB- Retail Business area. Typical commercial business, retail and office /service uses would be 5 -12 -11 Page 1 allowed in this area. No changes to the Land Use are planned or requested under this application. EASEMENT DEDICATION The dedication of additional right of way will provide up to 26 -feet of boulevard area in the area adjacent to the future Lot 1, while 41 -feet of additional right -of -way is dedicated near the northwesterly corner of the plat. The new Lot 1 will have typical 5 -ft. and 10 -ft. drainage and utility easements along the north, east and south perimeter lines of the parcel, while the westerly 1/3 of the lot will be encumbered by a drainage and utility easement, which provides easement coverage on an existing on -site drainage retention pond. Lot 2, Block 1 (MaxSun parcel) will also be provided with a large easement area for the existing drainage pond area to the east of the existing building, as well as cover for the lateral sewer lines that channel runoff from this site to the these two on -site ponding areas. Other areas of the new lots have the typical 10 -foot standard drainage utility easement along property lines adjoining public right -of -ways. The Applicant have also provided for City staff review a document tentatively labeled "Exhibit _" which provides for the shared parking and easement rights for all future users /owners of the subject site. This document will need to be fully reviewed and approved by the City Attorney and may need to be filed with the final plat. The City Engineers have also provided comments related to new easements and requested dedications in their May 4, 2011 review memorandum (attached and made part of this report). These easement requests appear to be minor in nature and should be easily accommodated on the final plat. EASEMENT VACATIONS The applicants did not indicate to city staff (at time of submittal) that they were prepared or offering any easement vacations as part of this plat approval. The City Engineers however, indicated in their review that any existing public easements that are being replaced as part of this plat process must be vacated, or those that remain must be illustrated and referenced with their individual recording document numbers. If the applicant so chooses to do this action, this should be done under separate easement vacation application and consideration filed with the City. This process may also occur at subsequent time of review and approval of the final plat. STAFF COMMENT The preliminary plat has been sent to Hennepin County Transportation Department for their review and comment. Those comments have been incorporated into the attached City Engineer's review memorandum. The additional comments and recommendations of the City Engineer/Public Works Director are also attached and referenced for final consideration in this matter. Please note some or all of 5 -12 -11 Page 2 these conditions may be made part of the proposed resolution of approval, which is attached for the Commission's review and consideration. Additionally, a public hearing has been scheduled for this preliminary plan and notice of the Planning Commission's consideration of this matter has been published in the Brooklyn Center Sun Post. RECOMMENDATION The proposed preliminary plat appears to be in order and approval of the application is recommended subject to at least the following conditions: 1. The final plat is subject to the provisions of Chapter 15 (Platting) of the City Ordinances (attached hereto). 2. All drainage and utility easements recommended to be vacated by the City Engineer shall be vacated by ordinance amendment prior to final plat approval. 3. All easements required by the City Engineer for drainage and utility purposes shall be executed prior to final plat approval. 4. A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney for review at the time of the final plat application (within 30 days of release of the final plat). 6. An overall easement agreement is required that will provide the City accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building occupancy. 5 -12 -11 s Page 3 7. The plat must include dedicated easements over the following locations and existing or proposed public utility and trail /sidewalk locations, as determined by the City Engineer: a. A two foot (2') minimum sidewalk easement along the east property line along Beard Avenue, from the outside edge of the existing sidewalk. b. A two foot (2') minimum sidewalk easement along the southerly property line along 63rd Avenue, from the outside edge of the sidewalk. 8. Revise the north arrow on the preliminary plat to indicate north correctly. 9. Provide an executed copy of a shared access easement over Lot 2, Block 1 of the proposed plat for a shared driveway access onto CSAH 152 and onto 63` Avenue. A shared access agreement between the properties including Lot 1, Block 1 Rainbows Garden City First Addition must be provided prior to release of the final plat. 10. The boundary and topographic survey must show the sanitary sewer and water service and material. Please note these same conditions are memorialized in the attached Planning Commission Resolution No. 2011 -08, and may be modified as deemed necessary. 5 -12 -11 Page 4 Section 15 -104. PRELIMINARY PLAN. • A. PROCEDURE 1. Before dividing any tract of land into two or more lots or parcels, an owner or subdivider shall, unless a variance is authorized, file with the city clerk. a. Four copies of the preliminary plan. b. A cash fee in an amount set forth by city council resolution. This fee will be used for the expense of the City in connection with approval or disapproval of said preliminary plat. 2. The city clerk shall then: a. Set a public hearing on the preliminary plan, such hearing to be held by the planning commission within 30 days. Notice of said hearing shall be published in the official City newspaper at least five days prior to the hearing. b. Refer two copies of the preliminary plan to the planning commission for its examination and report and one copy to the city engineer for his examination and report. Copies of the report of the city engineer shall be given to the planning commission within 15 days. 3. The planning commission shall have the preliminary plan on its agenda at its next regular meeting following referral from the city clerk. This meeting may serve as the public hearing. 4. The planning commission shall make its report to the council on or before the second regular meeting of the planning commission following referral by the city clerk. 5. The council shall act on the preliminary plan within 60 days of the date on which it was filed with the city clerk. If the report of the planning commission has not been received in time to meet this requirement, the council may act on the preliminary plan without such a report. 6. If the preliminary plan is not approved by the council, the reasons for such action shall be recorded in the proceedings of the council and transmitted to the applicant. If the preliminary plan is approved, such approval shall not constitute final acceptance of the subdivision. 5 -12 -11 Page 1 B. NECESSARY DATA FOR PRELIMINARY PLAN The preliminary plan shall be clearly and legibly drawn. The size of the map shall not be less than 12 inches by 18 inches. All subdivision maps should, if possible, be drawn at a scale of one inch equals 100 feet. The preliminary plan shall contain the following information: a. IDENTIFICATION AND DESCRIPTION 1. Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation of the name of any plat theretofore recorded in the County. 2. Location by section, town, range or by other legal description. 3. Names and addresses of the owner, subdivider, surveyor and designer of the plan. 4. Graphic scale. 5. North- Point. 6. Date of preparation. b. EXISTING CONDITIONS 1. Boundary line of proposed subdivision, clearly indicated. 2. Existing zoning classification. 3. Total approximate acreage. 4. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any railroad and utility right of way, parks and other public open spaces, permanent buildings and structures, easements, and section and corporate lines within the tract and to a distance of 150 feet beyond the tract. 5. Location and size of existing sewers, water mains, culverts or other underground facilities within the tract and to a distance of 100 feet beyond the tract. Such data as grades, invert elevations, and locations of catch basins, manholes, and hydrants shall also be shown. 5 -12 -11 Page 2 6. Boundary lines of adjoining unsubdivided or subdivided land, within 100 feet, identifying by name and ownership. 7. Topographic data, including contours at vertical intervals of not more than two feet, except that contour lines shall be no more than 100 feet apart. Water courses, marches, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. Elevation datum shall be given in reference to U.S. Geodedic Survey, 5th General Adjustment. Topographic data shall be shown for tract and adjacent areas within 300 feet of the tract. C. SUBDIVISION DESIGN FEATURES 1. Layout of proposed streets, showing right of way widths and names of streets. The name of any street heretofore used in the City or its environs shall not be used, unless the proposed street is an extension of an already named street, in which event the name shall be used. 2. Location and widths of proposed alleys, pedestrian ways and utility easements. 3. Typical cross - sections of proposed improvements upon streets and alleys, P p p P together with an indication of the proposed storm water runoff.. 4. Approximate center line gradients of proposed streets and alleys, if any. 5. Location, size and approximate gradient of proposed sewer lines and water mains. 6. Layout, number and typical dimensions of lots. 7. Minimum front and side - street building setback lines, indicating dimensions. 8. Areas other than streets s alle pedestrian was and utility easements Yip Y Y intended to be dedicated or reserved for public use, including the size of such area or areas in acres. d. OTHER INFORMATION 1. Statement of the proposed use of lots (type of residence, business or industry) so as to reveal the effect of the development on traffic, fire hazards or congestion of population. 5 -12 -11 Page 3 2. Proposed protective covenants. 3. Source of water supply. 4. Provisions for sewage disposal, drainage and flood control. 5. If any zoning changes are contemplated, the proposed zoning plan for the areas including dimensions. 6. If, in the opinion of the city engineer; further information is required, such information shall be furnished before the date of the public hearing. e. QUALIFICATIONS GOVERNING APPROVAL OF PRELIMINARY PLAN 1. The council may require such changes or revisions as it deems necessary for the health, safety, general welfare and convenience of the City. 2. The approval of a preliminary plan by the council is tentative, only involving merely the general acceptability of the layout as submitted. 3. Subsequent approval will be required of the engineering proposals pertaining to water supply, storm drainage, sewerage and sewage disposal, gas and electric service, grading, gradients and roadway widths and the surfacing of streets by the city engineer and other public officials having jurisdiction, prior to the approval of the final plat by the City. 5 -12 -11 Page 4 MEMORANDUM DATE: May 4, 2011 TO: Tim Benetti, Planning and Zoning Specialist FROM: Bruce Johnson, Engineering Technician Supervisor SUBJECT: Public Works Preliminary Plat Review— Rainbows Garden City Second Addition, (AUTOZONE) Public Works Department staff reviewed the preliminary plan submittal dated April 11, 2011, for the proposed Rainbows Garden City Second Addition and have the following comments: 1. A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 2. An updated certified abstract of title or registered property report must be provided to the City Attorney for review at the time of the final plat application (within 30 days of release of the final plat). 3. An overall easement agreement is required that will provide the City accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building occupancy. 4. The plat must include dedicated easements over the following locations and existing or proposed public utility and trail/sidewalk locations, as determined by the City Engineer: a. Provide a sidewalk easement along the east property line along Beard Avenue. The easement must be two (2) foot in width. b. Provide sidewalk easement along the southerly property line along 63rd Avenue. The easement must be two (2) foot minimum from the outside edge of the sidewalk. 5. All existing public easements that are prescribed to be dedicated on the final plat must be vacated. If the public easement is to remain, the easement must be shown on the preliminary and final plats with recorded document number referenced. 6. Cross access, parking and utility agreements are required between all necessary parcels. 7. Revise the north arrow on the preliminary plat to indicate north correctly. 8. Provide an executed copy of a shared access easement over Lot 2, Block 1 of the proposed plat for a shared driveway access onto CSAH 152 and onto 63 Avenue. A shared access agreement between the properties including Lot 1, Block 1 Rainbows Preliminary Plan Review Memo — Rainbow Garden City Second Addition Page 2 May 5, 2011 Garden City First Addition must be provided prior to release of the final plat. 9. Provide cross utility agreements between the properties. 10. The preferred shared access agreements should blanket the parking lot, with exception to Lot 1, Block 1, Rainbow Garden City easement. 11. The parking stalls east of AUTOZONE must be included in the shared parking access exhibit. 12. Provide a shared parking agreement showing which parking stalls are to be shared. Provide a parking study. 13. The boundary and topographic survey must show the sanitary sewer and water service and material. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The preliminary plan (site plan and preliminary plat) must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plat and final site plans may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2011 -08 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -010, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF RAINBOWS GARDEN CITY SECOND ADDITION WHEREAS, Planning Commission Application No. 2012 -010 submitted by Jeff Kauerz on behalf of AutoZone Inc. requests Preliminary Plat approval of a subdivision to be titled Rainbows Garden City Second Addition, which is a replat of Lot 2, Block 1, Rainbows Garden City Addition, located at 6300 Brooklyn Boulevard; and WHEREAS, this plat is being requested to create a separate lot for the benefit of a new AutoZone retail store and the reminder lot will be for the benefit of the existing MaxSun retail center; and WHEREAS, the Planning Commission held a duly called public hearing on May 12, 2011 at which time a staff report and public testimony regarding the preliminary plat of Rainbows Garden City Second Addition were received; and WHEREAS, the review of this plat application has determined that the existing • retail buildings and parking facilities on the proposed Lot 1 and 2, Block 1 of Rainbow Gardens City Second Addition will continue to meet zoning standards for setbacks in the underlying C -2 (Commerce) Zone; and WHEREAS, the review of this plat application is also being done in conjunction with a separate rezoning consideration under Planning Application No. 2011 -010, of which the same applicant listed herein requests rezoning from C -2 Commerce to PUD /C -2 Planned Unit Development / Commerce, and which PUD /C -2 rezoning will recognize and allow for zero lot line setbacks of shared parking facilities between the existing commercial users of this site, along with shared parking and access easement rights between these properties, and WHEREAS, the creation of this plat will provide the legal descriptions and exhibit for establishing the new zoning previously described herein, and only for those two newly created lots identified on said plat. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -010 submitted by Jeff Kauerz on behalf of AutoZone Inc. be approved based upon the following considerations: 1. The final plat is subject to the provisions of Chapter 15 (Platting) of the City Ordinances (attached hereto). 2. All drainage and utility easements recommended to be vacated by the City Engineer shall be vacated by ordinance amendment prior to final plat approval. 3. All easements required by the City Engineer for drainage and utility purposes shall be executed prior to final plat approval. 4. A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney for review at the time of the final plat application (within 30 days of release of the final plat). 6. An overall easement agreement is required that will provide the City accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building occupancy. 7. The plat must include dedicated easements over the following locations and existing or proposed public utility and trail /sidewalk locations, as determined by the City Engineer: a. A two foot (2') minimum sidewalk easement along the east property line along Beard Avenue, from the outside edge of the existing sidewalk. b. A two foot (2') minimum sidewalk easement along the southerly property line along 63rd Avenue, from the outside edge of the sidewalk. 8. Revise the north arrow on the preliminary plat to indicate north correctly. 9. Provide an executed copy of a shared access easement over Lot 2, Block 1 of the proposed plat for a shared driveway access onto CSAH 152 and onto 63` Avenue. A shared access agreement between the properties including Lot 1, Block 1 Rainbows Garden City First Addition must be provided prior to release of the final plat. 10. The boundary and topographic survey must show the sanitary sewer and water service and material. Date Chair ATTEST Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. Chair , Commissioners , and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. )GISMap Output Page Page 1 of MaxSun & AutoZone Properties __.._ H t __4 LLLUI \ tl m RyAR! 16 RD ! _ — __ _ _ CahlanderPark "t .................. ............................. ................... ............ � :_ z ______.._..... 2 F.._._.�._- ................. / �:aGardenIityPark������ - �� 857H AVE N s : 64TH AVE Ck .. E ._. i ✓ y ,'' MarlinPark / ..POE.RR_ q w ! r f� f X; \ ` \ t�¢4�,.... .� : rs }5 . r fi r` r r// i /i: j i r ,:. / 0HENRY R6 \ \> T'' f ,- - ( - ____ . Sri • —. } } }.._..._._......, s f � / � j % �/ 1��r � { / �', f / �. WR6 AVE N }.. W; 1 f t = F . ....... ......._�...................... / I Y,s ......62ND AVE . ... ..........._._......_........L ............. R ' J 7 $2N_4_AVE._N.. 1 r.�+r.ar�,3�- �sv,.�?eps����.cas -.. .IkNETLN -�' `_�.. � /�• -... Planning Aeplicatin No. 2011 -010 and 2011 -011 z PID: 3411921420030 citf "of VA . r 6300 Brooklyn Blvd B ROOKLY N Brooklyn Center, MN 55429 p:// gis. logis. org/ LOGIS_ ArcIMS/ ims? ServiceName= bc_ logismap _ovsde &ClientVersion =4.0 &Form= True &... 5/10/201 A �POUNO I/T COANLI� "'-WOOD PENCE "'-WOOD FE_ wlizoN PIPE 06 OA�IK FENCE-1 9 58' 1062.5 AUTOZONE --------------------------- - -------- STORE #432 7 -1161 664 -,C- 863 DO ' 0 0 F 560--- B61 �� U ------- 5q DRAINAGE AND 77VTY EASEMEP" ------- C 4Z::> F� 59.2 30 ZIP' t", 0 . \ `\ / 96 / 1 1 - I P NAL BROOKLYN CENTER - - --- - - - - - 0 1 ------------- - ------ -1 �L I 1 1 1 --F1 Il \ \ l ` 8 9*58'3'1 W \ '185.27 ------ r H i i CONTACT: Q-61.7 ALAN CATCHPOOL CEI ENGINEERING \\ c p % \ �O - \m Qba 0 �I 1 1 ' n - - -} y - - o _'/ - -664 - = =. I _ \\ �\ I r ' 6 r 2277 W. 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HEIGH 0 SANITARY MANHOLE X CLEAN OUT UTILITY POLE - \ V ` r -A ,� �� R\ �... �n� A i \ I �I �`� =� Ag a I �I I 11 _ y S IGN o that this plan was, prepared LIGHT POLE ...... r �1 o Eym­ TEUE/ELEC BOX my direct mpervislon, and Land S. ` ` �\ >:_ I l i� b GAS ALVE ..de, he I­ fm. s.,e of MINNESOTA ELECTRICIGAS METER gi / IV _­ ELECTRI LINE 2, c, L TELEPH LINE - D.nlel L. Thurms, Regis .1- N.- 2571 8 FIBERO CLINE 86'o �� _WATER LINE 10 -FIRST FLOOR 11 23 STOR SEWER LINE ELEV 8642q -PROIECT 011 Alll� c� r l l : — CURB FENCE . -FIRST FLOOR L-51.0a. HECHT, ) \, � .� LEV=061.21 PROJ LOCATION: In p DENOTES SIGNIFICANT TREE J x CONCRETE X \ \ I FOOT CONTOUR INTERVAL T \ �� elV d 5.5 �� 1 l ) ���-r ` C) C) d/ 60' AREA: EX151`1140 BULGING Z_ T1 I I t \ / I SCCK/CL&55 U CONSTRUCTION BROOKLYN BLVD. OVERALL PARCEL AREA - 540,797 SO, Fr. - 12.41 ACRES 86 2 1 3 70—, 'C- PIDAE 3411921420030 LEGAL DESCRIPTION: L U i ( (::1�6_71 ............ 05� ........... 13., o First American Title Insurance Company Commitment No. NCS-45891 -MICR with rd ccumnlotent date of September 26, 201 was relied on for matters of '( ' \ \ U'< I PI a '1.8 \ w en 6s i_2 .i 1117 =3b�' I ` �_� `8 867 - � / �" e I �r F t I a NV=a53.4 4-, Parcel A (Certificate afTItle No. 11 40237) a62 f3- - - - _ :-L-- ------------ 2-- Lot 2, Block 1, Rainbows Garden City Addition. (rorrens Property). - - - - - - - _VE�NT _L_ RAINLAGE AND UTILITY C1§E �D Parcel a J 561, e II2 Non - ex clusive easement over pans of Lot 1, block 1, Rainbows Garden City __ De cember 19, 1996, recorded December 30, 1996, Intheofficeofthe Hennepin R Addition, as contained in the declaration of Re and Easements, dated 113" 661 EX. 3AN. 11H I # Suite B100 iri 'Alo _ l i County registrar of Titles , Doc. No. 2773438. 200 East Ch.a nut Street 12 Stillwater, MN 55082 EASEMENT NOTES: i RD.­.=AVEN`LJF-_=Z--N H ex� 5 VCP S�l;[T,,Y tPER Phone 651.275.8969 All. I'll ,:w ITI - ---------------- ------ W, ------------- --- ---- � -a, I., Fax 65 .275.8976 0 PUBLIC Mort and Leas and are not addressed on this survey. All 1� T) BE clan@cssurvey E. ca STREE I I . i a =as net e u , .1 1 , \ - ------ - ---------------- 1 1 - ; I \ - I "� 5", �] ----- ----------- -------- ----------- ------- - �, a CURB CUT \-,CUT 10 - 17. Relate to Mong = � " descriptions refer nce th s Elect property. C TNH-86440 19.Docu etN,.522918app,a,,tb,asureyco,dudedl,1957. Pansofthedrawings � F are Il legible, I CITY ADDITION. Shown graphically. RAINBOWS nn 8. Subje t to drainage and utility easements as shown on the plat of m G D SETBACKS: UNDERGROUND UTILITY NOIS' -"Pv NOTES: BENCHMARKS: but It appears to co- the entire parcel a well as additional surrounding Property. <�= 01 1111DWORK PERFORMED NOVEMBER 3 - 16,2010. IVINDOT GSID STATION #1 0432 + INFORMATIO PER THE CITY OF BROOKLYN CENTER WEBSITE LISTED ON-LINE THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM 20. Subject To Storm sewer easement per Doc. No. 573712. Shown graphically. NOVEMBER 22, 2010 FIELD SURVEY INFORMATION AND EYISTING DRAWINGS. THE TOPOGRAPHIC FEATURES WERE SHOT TO THE BEST OF OUR ABILITIES - LOCATED IN 75 FT SW OF HIGHWAY 152, 2 FT SE OF 62ND AVE 2 Subject to Terms and conditions Included In the declaration of Restrictions and THIS PARCEL IS ZONED C2 (COMMERCE DISTRICT) SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND SEWER INVERTS WERE TAKEN AS CLOSE TO THE BOTTOM OF THE N,35 FEET F OF NE CORNER OF NEW CAR SHOWROOM, IN Easement, per Doc. No. 2773438. Not shown, affects entire parcel. UTILITIES SHOWN COMPROMISE ALL SUCH UTILITIES IN THE AREA, STRUCTURE AS POS SIBLE. FLAGPOLE BASE (MARKED 2742 F 1979). CORNERSTONE BUILDING SETBACK REQUIREMENTS EITHER IN SERVICE OR ABANDONEC. THE SURVEYOR FURTHER DOES LANE) SURVEYING, INC 22. Subject to Easement for sidewalk per Doc. No. 2773439. Shown graphically. This deed FRONT: 35 FEE NOT WARRANTTHATT E UNDERGROUND UTILITIES SHOWN ARE IN SPOT ELEVATIONS FOR CURB LINES ARE AVAILABLE AS A POINT BLOCK ELEVATION 861.40 NAVD88) K. has a clear error in that It commences at the most westerly comer of *Lot 1. It clearly REAR F EET THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY IN THE ELECTRONIC VERSION OF THIS DRAWING. SHOTS ARE TO THE should be calling out "Lot 2. SIDE: 10 FEET THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE GUT UNE/EDGE OF BIT ALONG CURB UNLESS OTHERWISE NOTED. PROJECT BENCHMARK SHOWN GRAPHICALLY ON SURVEY. COR ZS FEET INFORMATION AVAILABLE. MOST UTILITIES ARE SHOWN BASED ON Subject to Terms and conditions as contained In the agreement for maintenance and MARKING LEFT ON THE GROUND IN RESPONS TO GOPHER ONE PROJECT BEARINGS ARE ORIENTED TO THE HENNEPIN COUNTY Inspection of the utility and storm drainage systems per Doc. No. 2773440. Not shown MINIMU LOT WIDTH: 150 FEET LOCATE TICKET *100589918 THIS SURVEY HAS NOT PHYSICALLY COORDINATE SYSTEM. affects entire property. SETBACK TO RI JR2 DISTRICT FOR 2.5 STORIES BUILDING MINIMUM OF 2XTHE LOCATED THE UNDERGROUND UTIU TES. ADDITIONAL UTILITIES OF FILE N AME SURVCE44 BUILDING HEIGHT. WHICH WE ARE UNAWARE MAY EXIST. EXISTING PARKING NOTES: P 24. Subje to Affidavit concerning real property STORE PARKING: rty contalmInated with Hazardous substances P ROJECT NO. CE10044 per Doc. No. 3559616. Not shown affects entire property. FLOOD INFORMATION: CALL BEFORE YOU DIG! STANDARD STALLS 423 k I A TOZONE PARKNC PEENED OWNER INFORMATION: BY RAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONE �02 HANDICAP STALLS 4 AS AL L STALLS TO THE SOUTH BOUNDARY AND TOPOGRAPHIC . 11111 I= C. G PER COMMUNITY PANEL NO. 27053CO204E WITH AN TWIN CITY RM 651 -45a -0 AID WEST OF THE PROPOSED EL TOU FREE 1-800-252-1166 AUTOZONE PARKING: CROSS ACCESS EASEMENT SURVEY Owner of Record: RCK Enterprises, LLC, a Minnesota limited liability company. EFFECTIVE DATE OF SEPTEMBER 2, 2004. STANDARD STALLS 63 AREA. HANDICAP STALLS 2 1 h \ I -_ LHAW.MK FENCE -�\ \ - - - - - - - - - - - n. N89 "5B'3 > __ CNAWLPK FENCE -�\ / -WOOD FENCE r� 5t7 /� WOOD FENCE 1 _ - -Esfil - -_ - - - - - - - - -. _ ar ,- ��'� � - -� ------ - - -_ -� = �_ - -__ - �__- _- _ - _ - RAI NBOWS GARDEN ��Z.q - 10 FT. S0E WILOMC SETBACK - -- - - - -� - 663 -__ -- 1 � - - _IO -FS�S IDE 9UILDIJG- SE7•�G% - TO 4 3 1a 1 a5 s �� - �bz +I 9 30 060 - ------ - -863- 864 I -. �� \ t J _ j 1 DRAINAGE AND X61 i __ ' C Q 4 �+AU77LITY EASEMEA(T 1-.-_� �� / ...,..- ...� ,.- .- ..- ._.-- .._ -... ,..... -... __. . - 059-- �_,.,.. ,...- 661 -, N� _ - _ �_..... �� , I� CITY SECOND ADDITION `e6/ � v � _ to Fr e Blweu� � � AUTOZONE �\ �� _ _ - - y .. ',4 �/9 I L I 60 a -r.�. '"T- 4 i ;� UTILITY EA5 T t o �' / I vaaEaiBny� l oR ivACEAND� -I Jl �.. ' 1� 3 . >. �._� �... ��_ Win' v � �� �' 589 58 31 Yi 185.27 a a62.2s a/I 9, -� r - -n •- .- I, ��_ -�tf �, Im - B - STORE #4327 2� 5 „w / '11 - 3 r � �I Fnulrr egsEtiENr I f I I I - -._ 0 � � I A 'v• � ! h CITV OF oo 1 31 A - �- 6 Is, t� o A ��J / BROOKLYN CENTER 0,\ORY`�G �0' %�3 CONTACT: / \`I \ I I { II'' I 1 �I I I I ALAN CATCHPOOL R CEI ENGINEERING '°TR ' 2277 W. Highway 36, NORTH `nt ,� I y I .{ / ` I II LL I � Suite 200 P1 Roseville, MN 55113 Phone: - c \ I ne: (657) 697 0800 o zo ao z Fax: (651)697 \ 3 4/�. _ 163 - f - - COUNTY: �_ - (� U $ ELEV =22.2 FT I � Ip .� H EtV N EPA N 0 P "D • , 1 ` - \� \ �� o :i'1�� �� I I I ( \•@I a� ,� -_06't �'I /e : I I Z,u.� o, COUNTY LEGEND: ! `� -y °�� O DENOTES MONUMENT SET ` \ H / 1r� Y `I O AND MARKED RLS 25718 \\ \, Q \ \ � a, y 0 m ° $ \ ..'b 861 II , I� ? +SEAL: r. DENOTES FOUND c\ \. �, 1>, FFF %('l° EXISTING BUILDING . 'I \ �"` ` \ > \ \� 1�•1 3 1 • '" I BLOCK CONSTRUCTION 060 I Q THE STATE OF MINNESOTA DOES NOT DENOTES FOUND \\ \\\ n r \ V �sl \\ rf I - -_ -_ _ -� _ _I - -I I 4` I IV REQUIRE ASEAL DENOTES FOUND \ \ n I p f1 7j / D p � I RIGHT OF WAY DISC ' �; r7 3 50, 0... _84. . 4rZ�L/.tl 1 059 t \ II VA WATER VALVES HYDRANr :": \4 \ \ ' 7' 75'0 4 w l I I' �. ■ �) k R _1 - - p II / I . I� ���'I O CATCH BASIN /STORM MH \\� � �� \ \ J, A'•o - 9 / - ` \tq REVISIONS: 0 p CULVERT /F.E.S. \ �, \, -08 -10 PRELIMINARY ISSUE 4 \ i a I ,. j - ....., -.. - - Z _ \' - ` !; Y \ , * E1 AC DATE REVISION 10 FT. BOB SDE BULD ® SANITARY MANHOLE ,As \ ". I'•, i T \ 1 \ AF \ t l;. 660 \ O _ T t t BLDG. FHCHT 6 CLEAN OUT _1'� Q VV '1 ,t�� T �I � �: { \ ELEV =223 FT Vi II E2 I T 04 -11 -11 REVISE LOT CONFIGURATION SIGN \ Q�. l Sl 859 -L - I \ � �I I j I \ :11 C ^I.,EC fIOFI ml I I� QI �v \ 6 S 5 = _ - 1 v a UTILITY LIGHT POLE u TELE /ELK BOX `� V N� �(I P \., J_ �� I [ ., o. ELECTRIC /GAS METER b F \.y \ /C \�'r 1�1\\ 1 \ { \/� • ' C �� III �,,`_ \1n N •� GAS VALVE T. SIDE BLROG.SETBACK _•� \ \ _ �\ d• I . \\ o�I II 1 1 ^I I t _ =_ = ELECTRIC LINE t.. \ Sn �,.\ \ • '\ \ . \\ \:, \/ \ / \'Q a'IyI II' T ~ I - ` CERTIFICATION: -- TELEPHONE LINE - - FIBER OPTIC LINE WATERLINE `� \ \\ \ CA '\\\\�ItJ EpSEM� m I �. J - � f ,T� \� \ 1 f b Y Pan was Prepare `\ Thereby certif that this I d Tom- -STORM SEWER LINE \ \ \ I' - -- \ ( 1 ` I I / I by me, or under mY direct supervision, and ` \ t \" .\ \ \\ \ 1 40 FT AR; &ALONG SETBACK r --1T- �J I \\ �� �' \ - e a' I I I 'd that 1 am a duly Ucensed Land Surveyor s • \ 'r l '1 \ a. J - - - - - I I a O .\ /� .a %L_ I I I I ( under the laws of the tate of MINNESOTA. SANITARYSEWERUNE \\ 1 ' �` I \ \1 \\ I © FENCE parts of Lot 1, Block I, Thu CURB -y Oanlel y tl ,., �\ \� \ ° 1 I S ° I II m �:: %- p"� L EO j \ /• e W III I ,R CONCRETE \ . \ \ \ �( � _ I \. i /o; { \ ` P 4 , ' �r/ to I L. rmes Regis atlon No: ]5]18 O DENOTES SIGNIFICANT TREE \ \ `��\ \` 1 I 3 • I �- -FIRST FLOOR rn \ ` P r - 7 7 T n / Q �� 1 1 z -os -1 \ . \. ,\ \ \ \ I I �%� . ',-,i I IN - Y .-1 ELEV = 864.29 � - \ M 2 1 FOOTC)NTOURINTERVAL \ \ \\ \ \` bs S \ p 7 I I �. -I tC++- ai "hIr -G-PROJECT -PROJECT Date BIt /lk / Qti I 34 3' a' t "} MIe865.71 n / O 1 05.6 i I \ -FIRST FLOOR BLDG. Yi L a /, o-_,_ ✓ O J AREA: \ II�II 7 II $ - - AUTOZONE PARC L (LOT 1) 46,829 SQ. FT. 7.08 ACRES \/ FIRST FLOOR ELEV =21.0 F I OVERALL PARCEL AREA 540,797 SQ. FT. - 12.41 ACRES ` \ �:,:., `A`I I - / ^ot• I ! '- ! I ,1,i` 1 \ I \0 - I _ \ \ m _ PRO LOCATION: E = - t,�T \\ II�f .7 \\ y.. \ 4\ n \ REMAINING PARCEL (LOT 21 = 48 FT. 1ACRE S ACRES ! � � NORTHERLY ROW 4- 0,F 4 8 ,298 S - 0.11 ACRE -' I 0' SOUTHERLY ROW 0.18 ACRES EXISTING BUILDING 7,702 SQ. FT, I .r -j4N \ ✓ li = a �\ w �� I 865 \ \ \\\ � t f I I O O \� \ ` 60 s� .o t '! ` BLOLK /GLASS CON51RUCfION �I I O Bg f 1 ( m / I .� .� \�., `�\ \ \ / / LEGAL DESCRIPTION: v v V`.,� `� $ �� � .e t � � r First American Title Insu �i. BROOKLYN BLVD. \ ih \N \\`aA \ y \ \'. FLO, I I LG iwl I I `yam 8]O Insurance Company Commitment No. NCS- 458918 -MICH with a commitment dareor September z6 ,zalo was reuedon for ma era of record. y '• \,\ \ °3 b II I2 _ / aTO� PID# 3411921420030 II \ ` A 061= 1 I / 35 FT. FRONT eULONG 6ETBALK I I 069 I Parcel A(Certificate of Title No. 1140237) \ r - "I ,35 FT F2oNi B.nnwc SE`eAC���� 1 \ I � y\ '\ �� 866 XF30Nf MYD ^ _5 iBALK r t 2, Block 1, Rainbows Garden City Addition. ITorrens ProPerty). 863 Non xclusive asement 86 p Lo B I 1 Y, 111 _ _ _ .% 9 Parcel B: ,t y - e e over ` l \ �\ ` 3I \ , `y \\\ _^ 1 FaT 862 �.. _ _ ' f - a �T�••� - R I ,I II I_( \ r I x the declaration I ' \T' 1996, In the office of the Hen nepin County Registrar of Tiles as Doc. No. 2773438. i ��\ - \� IX -�- - T' : i�A(A CE AND UTILITY f Restric[lons and Easements, date December 79, 1996, recorded0ecemher 30, Rainbows Garden City Addition, as contained In EASEMEN7 - _h/ 631.98 N 6' EASEMENT NOTES: # c °; \ I l- -cs .ca., cAS - _, s ° s -a61 -� ._?. J !. l0 17. Relate to Mort and Leases and are not addressed on this curve All \ )\� \� i ' ' \ I L'' _ _- crs , Bs o_ -� j LI 1 - _ bbb > r gages Y. \ ..>; _ Gs -- lc\5 - Suite #8100 -.- - descriptions reference the subject property. - - - T- 200 East Chestnut Street -- to T (FER A3 =BULi) 6 3 �D• = AN ORTF f -o- -- ' -� �- Stillwater, MN 55082 Er. 6 /cF _aril' ^cr Fra n 18. Subjecttodminageand utility easements as shownonthe plat of RAINBOWS GARDEN ' -- - -` - - - - -- I - - - -y - - -I- -_ _- (-• �III.T)' ° \ T\ ' -_- -- - -- _ Phone 651.275.8969 CITY ADDITION. Shown graphically. -- - (BITUMINOUS PUBLIC STREET) \ 060 I y �' Fax 651,275.8976 3 CUT c� \ - ..,__.._- ..._..._.._ -..- danQLSSUryey ....... ........ - .... ....... ........................ 9 l 19. Document Na. 522918 appears to be a survey conducted in 7957. Parts of the drawings \ 1... are Illegible, but it appears to cover the entire parcel as well as additional surrounding �`� y /' U / Tt y 1 / •net property. �l. TI f 20. Subject to Storm sewer easement per Doc. No. 573712. Shown graphically. \,F 21. Subject to Terms and conditions Included in the declaration of Restrictions and ZONING AND SETBACKS: UNDERGROUND UTILITY NOTES: SURVEY NOTES: BENCHMARKS: Easement, per Doc. No. 2773438. Not shown, affects entire parcel. + $ + $ INFORMATION PER THE CITY OF BROOKLYN CENTER WEBSITE LISTED ON -LINE THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM fIELOWORK PERFORMED NOVEMBER 3 - 16, 2010. MNDOT GSID STATION #10432 22. Subject to Easement for sidewalk per Doc. No, 2773439. Shown graphically. This deed NOVEMBER 22, 2010. FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE TOPOGRAPHIC FEATURES WERE SHOT TO THE BEST OF OUR ABILITIES - LOCATE IN OF HIGHWAY 152, 275 FT SE OF 62ND AVE has a clear error I that It commences at the most westerly corner of "Lot I ". It Beady SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND SEWER INVERTS WERE TAKE FLAGPOLE AS CLOSE TO THE BOTTOM OF THE FEET OF E E CORNER NEW CAR SHOWROOM, IN CORNERSTONE 23. S bject to Terms and conditions as contained In the agreement for maintenance and should be calling out *Lot 2' N . THIS PARCEL IS ZONED C2 (COMMERCE DISTRICT) UTILITIES SHOWN COMPROMISE ALL SUCH UTILITIES IN THE AREA, STRUCRE AS POSSIBLE. FLAGG POLE BASE E N M C (MARKED 2742 2 F 1979). BUILDING SETBACK REQUIREMENTS EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES u FRONT: 35 FEET NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN SPOT ELEVATIONS FOR CURB LINES ARE AVAILABLE AS A POINT BLOCK ELEVATION = 861.40 (NAVD88) LAND SURVEYING, INC Inspection of the utility and storm drainage systems per Doc. No. 2]]3440. Not shown REAR: 40 FEET THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY IN THE ELECTRONIC VERSION OF THIS DRAWING. SHOTS ARE TO THE ffett5 entire property. SIDE: 10 FEET THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE GUTTER UNE /EDGE OF BIT ALONG CURB UNLESS OTHERWISE NOTED. PROJECT BENCHMARK SHOWN GRAPHICALLY ON SURVEY. 24, Subject to Affidavit concerning real property contaiminated with Hazardous substances CORNER: 25 FEET INFORMATION AVAILABLE. MOST UTIU71ES ARE SHOWN BASED ON PROJECT BEARINGS ARE ORIENTED TO THE HENNEPIN COUNTY MINIMUM LOT WIDTH: 7 50 FEET LOCATE T $ per Doc. No. 3559616. Not shown affects entire property. MARKING LEFT ICKET #1 THE GROUND I N SURVEY S TO GOPHER ONE HAS NOT PHYSICALLY COORDINATE SYSTEM. SURVEY SETBACK TO RI /R2 DISTRICT FOR 2.5 STORIES BUILDING MINIMUM OF 2X THE LOCATED THE UNDERGROUND UTILITIES. ADDITIONAL UTILITIES OF FILE NAME SURVCE44 OWNER INFORMATION: BUILDING HEIGHT. WHICH WE ARE UNAWARE MAY EXIST. EXISTING PARKING NOTES: Owner of Record: BCK En[erprises,LLC , a Minnesota limited liability company. FLOOD INFORMATION: + PROJECT NO. CE70044 CALL BEFO YOU DIG MAIN STORE PARKING: THE AS THE PARKING WILL BE $ STANDARD STALLS 423 DEFINED AS HE9 STALLS IMMEDIATELY 8Y GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONE ! HANDICAP STALLS 14 NORTH OF AND ADJACENT TO THE 'C' PER COMMUNITY PANEL NO. 27053CO204E WITH AN TWI TOLL m N L AREA 651 -454 -0002 BUILDING, AND THE 56 STALLS PRELIMINARY EFFECTIVE DATE of SEPTEMBER 2, 2004. FREE: 1- 800 -252 -1166 II ng , Cut6 AUTOZONE PARKING: EASTERLY OF THE BUILDING AND TO PLAT STANDARD STALLS 63 THE WEST OF THE MAIN SHOPPING HANDICAP STALLS 2 ENTRANCE DRIVE AISLE. RAINBOWS GARDEN CITY SECOND ADDITION R.T.DOC.NO. I I KNOW ALL PERSONS BY THESE PRESENTS: That BCK Enterprises, LLC, a Minnesota limited liability company, owner N89 ° 58'31 "E fosz p r o prietor 9 described ro --- property situated in the County of Hennepin, State of Minnesota, to wit: _ 7 ( 44.82 �L,r 21J. 71 N0738 - T'W K =. j ( Z f0 --- ------- - - - - -- -- - -- 50]369---------------- - - - - -- n - and rietor of following Lot 2, Black 1, Rainbows Garden City Addition 15.82 nns8 - -_.�_ = \` \ IUD - -- 1 _ � (` ? \ ; W _ " I Has caused the same to be surveyed and platted as RAINBOWS GARDEN CITY SECOND ADDITION and does hereby O g 3 \ I o 378.77 _ 60 — donate and dedicate to the public for public use forever the public way and donate and dedicates the easements for N r P 56 % DRAINAGE ANO-< i Un 1 ,, EASEMEN �� I F i SB2'15' _ - -'� - - o drainage and utility purposes only as shown on this plat. LTO 2 2 i ' . - - - 1 _ - - - _ _ _ _S _ 451.14 - - - = DRAINAGE AND in In witness whereof said BCK Enter -+,ln O \f �� �- - - - ---- ��-- n 5' ` T - - -- - - - - - - - - - - - - (unurY EASEMENT , , — prises, LLC, a Minnesota limited liability company, has caused these presents to be �t0 '� \ O ' ^.__ - =- DRAINAGE AND-( - h 1--- �\ `` sl ned b _, Mana ¢r, this da Of 2011. o V 8 S89 °5831 "W 185.27 — y26.n ° _ \ 9 Y g r O 11 W 18 5 l- UnLITY EASEMENT ¢ r \ s i _ _ 41 0 Q� "' x5.12 /i �--- - - - - -- - -- - -- _ 582°25'04' BCK ENTERPRISES, LLC _ A\ � 15 6$ 31 i6695675'W3 1 ; � y 589 '5675 "W J04.27 - -�- � \ (R 5 y t l l STATE OF \ 1 0 I �' ° j r l ��\ I COUNTY OF �/ / u, �\ "{ The foregoing Instrument was acknowledged before me thisday of , 2011, by I / / \ , Manager of BCK Enterprises, LLC, a Minnesota limited liability company, on behalf of the - N ^/ v o I company. _. Notary Public, _County, (Printed name) 0 1 , • ` ,� I �/ / I My Commission Expires I Daniel L Thurmes do hereby certify that this plat was prepared by me or under my direct supervision; that I am a A i duly Licensed Land Surveyor In the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have been or will be correctly set within one year, that all water boundaries and wet lands, as defined in rn NI I - -{ Minnesota Statutes 505.01, Subd. 3, as of the date of this certificate are shown and labeled on the plat, and all public ways are shown and labeled on the plat. �. 3 0'17" 1 5. 4 =2 8 0 N89 °58'31 "EI i` I j N \ .C� y:72. -- 84.09 - \ 15� � ! N Daniel L. Thurmes, Land Surveyor Minnesota License No. 25718 STATE OF MINNESOTA je COUNTY OF WASHINGTON N89 59'54 "W \ 3° B L O C K 1 2 1 I m `- This instrument was acknowledged before me this day of , 2011, by Daniel L Thurmes, ` -� - - -- 256.56 i I - -- 7 I t'T �•` 111 69=------ - - - - -� '' r Land Surveyor, Minnesota License No. 25718. N 26 \II ------ - - - - --- I I I W v``t' I 9 I I °w s`°��o (Printed name) �e No MyCommissionn Expiir s January 31, 2015 BROOKLYN CENTER, MINNESOTA o This plat of RAINBOWS GARDEN CITY SECOND ADDITION was approved and accepted by the city council of Brooklyn .. Center, Minnesota, at a regular meeting thereof held this _ day of , 2011. If applicable, the 26 N rl I I o f \ ` written comments and recommendations of the Commissioner of Transportation and the County Hlghway Engineer 'I . t , , have been received by the city or the prescribed 30 day period has eleapsed without receipt of such comments and 6A M C I I I N89 aY a'W 1 I - recommendations, as provided by Minnesota Statutes Section 505.03, Subdivision 2. s u I h� I h I -- CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA a 60 t 6 1 1 5 1 k - o - � L-- ------- ------ --- -- -- - - -- ---------------- 152.00 - -- _- -- 61.98 __-� t , • -. BY Mayor Manager or Clerk _ - _ ey ° S89 °58'31 "iY 789.98 - - -- 7i^ - - _ TAXPAYER SERVICES DEPARTMENT, Hennepin County, Minnesota •• •• . •. •-, • ,._ • • •- , . ,. , , , , ° m I hereby certify that taxes payable In the year 2011 and prior years have been paid for the land described on this plat, dated this day of , 2011. / -' •' •, .' \ ' • � , , `- 1111 L. Alverson, County Auditor BY . Deputy I SURVEY DIVISION, Hennepin County, Minnesota ` I I I Pursuant to Minnesota Statutes Sea 3830.565 (1969), this plat has been approval this day of \ , 2017. \ William P. grown, County Surveyor By REGISTRAR OF TITLES, Hennepin County, Minnesota I hereby certify that the within plat of RAINBOWS GARDEN CITY SECOND ADDITION was filed In this office this day of , 2011 at o'clock —.M. 0 60 120 DRAINAGE AND UTILITY EASEMENTS Michael H. Cunniff, Registrar of Titles By , Deputy %%=� (FIAT) Denotes distance per plat of RAINBOWS GARDEN CITY ADDITION ARE SHOWN A BEING 5 ET IN THUS: FE WIDTH (NO SCALE) BEINGS EIF N LOT LINES, Denotes found 1 /2 Inch iron monument UNLE55 OTHERWISE (unmarked unless noted). INDICATED, AND BEING 10 NORTH SCALE IN FEET 10 S� FEET 5 ADJOINING RIGHT OF WAY O Denotes 1 /2 inch by 14 inch iron monument _ 1 - J L - - - LINES UNLESS OTHERWISE BEARINGS SHOWN ARE ORIENTATED TO THE SOUTH NNE OF LOT 2, BLOCK 1, set and marked RLS 25718. INDICATED AS SHOWN ON RAINBOWS GARDEN CITY WHICH IS ASSUMED TO BEAR SOUTH 89 DEGREES 58 THE PLAT. MINUTES 31 SECONDS WEST. 1 CORNERSTONE LAND SURVEYING, INC adoption: Member Morey introduced the following resolution and moved its PLANNING COMMISSION RESOLUTION NO. 2011 -08 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -010, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF RAINBOWS GARDEN CITY SECOND ADDITION WHEREAS, Planning Commission Application No. 2012 -010 submitted by Jeff Kauerz on behalf of AutoZone Inc. requests Preliminary Plat approval of a subdivision to be titled Rainbows Garden City Second Addition, which is a replat of Lot 2, Block 1, Rainbows Garden City Addition, located at 6300 Brooklyn Boulevard; and WHEREAS, this plat is being requested to create a separate lot for the benefit of a new AutoZone retail store and the reminder lot will be for the benefit of the existing MaxSun retail center; and WHEREAS, the Planning Commission held a duly called public hearing on May 12, 2011 at which time a staff report and public testimony regarding the preliminary plat of Rainbows Garden City Second Addition were received; and WHEREAS, the review of this plat application has determined that the existing retail buildings and parking facilities on the proposed Lot 1 and 2, Block 1 of Rainbow Gardens City Second Addition will continue to meet zoning standards for setbacks in the underlying C -2 (Commerce) Zone; and WHEREAS, the review of this plat application is also being done in conjunction with a separate rezoning consideration under Planning Application No. 2011 -010, of which the same applicant listed herein requests rezoning from C -2 Commerce to PUD /C -2 Planned Unit Development / Commerce, and which PUD /C -2 rezoning will recognize and allow for zero lot line setbacks of shared parking facilities between the existing commercial users of this site, along with shared parking and access easement rights between these properties, and WHEREAS, the creation of this plat will provide the legal descriptions and exhibit for establishing the new zoning previously described herein, and only for those two newly created lots identified on said plat. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -010 submitted by Jeff Kauerz on behalf of AutoZone Inc. be approved based upon the following considerations: 1. The final plat is subject to the provisions of Chapter 15 (Platting) of the City Ordinances (attached hereto). i 2. All drainage and utility easements recommended to be vacated by the City Engineer shall be vacated by ordinance amendment prior to final plat approval. 3. All easements required by the City Engineer for drainage and utility purposes shall be executed prior to final plat approval. 4. A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney for review at the time of the final plat application (within 30 days of release of the final plat). 6. An overall easement agreement is required that will provide the City accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building occupancy. 7. The plat must include dedicated easements over the following locations and existing or proposed public utility and trail /sidewalk locations, as determined by the City Engineer: a. A two foot (2') minimum sidewalk easement along the east property line along Beard Avenue, from the outside edge of the existing sidewalk. b. A two foot (2') minimum sidewalk easement along the southerly property line along 63rd Avenue, from the outside edge of the sidewalk. 8. Revise the north arrow on the preliminary plat to indicate north correctly. 9. Provide an executed copy of a shared access easement over Lot 2, Block 1 of the proposed plat for a shared driveway access onto CSAH 152 and onto 63` Avenue. A shared access agreement between the properties including Lot 1, Block 1 Rainbows Garden City First Addition must be provided prior to release of the final plat. 10. The boundary and topographic survey must show the sanitary sewer and water service and material. Date Chair ATTEST Secretary 2 The motion for the adoption of the foregoing resolution was duly seconded by member Schonning and upon vote being taken thereon, the following voted in favor thereof: Chair Pro Tern Kuykendall, Commissioners Morey, Morgan, Parks, and Schonning. and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 3 Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. 2011 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -010, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF RAINBOWS GARDEN CITY SECOND ADDITION WHEREAS, Planning Commission Application No. 2012 -010 submitted by Jeff Kauerz on behalf of AutoZone Inc. requests Preliminary Plat approval of a subdivision to be titled Rainbows Garden City Second Addition, which is a replat of Lot 2, Block 1, Rainbows Garden City Addition, located at 6300 Brooklyn Boulevard; and WHEREAS, this plat is being requested to create a separate lot for the benefit of a new AutoZone retail store and the reminder lot will be for the benefit of the existing MaxSun retail center; and WHEREAS, the Planning Commission held a duly called public hearing on May 12, 2011 at which time a staff report and public testimony regarding the preliminary plat of Rainbows Garden City Second Addition were received; and WHEREAS, the review of this plat application has determined that the existing retail buildings on the proposed Lot 1 and 2, Block 1 of Rainbow Gardens City Second Addition will continue to meet zoning standards for setbacks in the underlying C -2 (Commerce) Zone; and WHEREAS, the review of this plat application is also being done in conjunction with a separate rezoning consideration under Planning Application No. 2011 -010, of which the same applicant listed herein requests rezoning from C -2 Commerce to PUD /C -2 Planned Unit Development / Commerce, and which PUDIC -2 rezoning will recognize and allow for zero lot line setbacks of shared parking facilities between the existing commercial users of this site, along with shared parking and access easement rights between these properties, and WHEREAS, the creation of this plat will provide the legal descriptions and exhibit for establishing the new zoning previously described herein, and only for those two newly created lots identified on said plat. WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center recommended approval of Application No. 2011 -010 submitted by Jeff Kauerz on behalf of AutoZone Inc. by adopting Planning Commission Resolution No. 2011 -08 on May 12, 2011: and WHEREAS, the City Council considered Application No. 2011 -010 at its May 23, 2011 meeting, considered the Preliminary Plat in light of all testimony received and the Planning Commission's recommendations. RESOLUTION NO. 2011 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -010, submitted by Jeff Kauerz on behalf of AutoZone Inc. be approved with the following conditions: 1. The final plat is subject to the provisions of Chapter 15 (Platting) of the City Ordinances (attached hereto). 2. All drainage and utility easements recommended to be vacated by the City Engineer shall be vacated by ordinance amendment prior to final plat approval. 3. All easements required by the City Engineer for drainage and utility purposes shall be executed prior to final plat approval. 4. A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney for review at the time of the final plat application (within 30 days of release of the final plat). 6. An overall easement agreement is required that will provide the City accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building occupancy. 7. The plat must include dedicated easements over the following locations and existing or proposed public utility and trail /sidewalk locations, as determined by the City Engineer: a. A two foot (2') minimum sidewalk easement along the east property line along Beard Avenue, from the outside edge of the existing sidewalk. b. A two foot (2') minimum sidewalk easement along the southerly property line along 63rd Avenue, from the outside edge of the sidewalk. 8. Revise the north arrow on the preliminary plat to indicate north correctly. 9. Provide an executed copy of a shared access easement over Lot 2, Block 1 of the proposed plat for a shared driveway access onto CSAH 152 and onto 63` Avenue. A shared access agreement between the properties including Lot 1, Block 1 Rainbows Garden City First Addition must be provided prior to release of the final plat. 10. The boundary and topographic survey must show the sanitary sewer and water service and material. RESOLUTION NO. 2011 Date Mayor ATTEST City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9e COUNCIL ITEM MEMORANDUM DATE: May 18, 2011 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialis4� THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Planning Commission Application No. 2011 -012 (48 10 Lilac Drive) Recommendation: It is recommended that the City Council, following consideration of this matter, approve Planning Commission Application No. 2011 -012 Submitted by Mike Lambert for Allied Building for Site and Building Plan approval subject to the conditions recommended by the Planning Commission. Background: On May 12, 2011, the Planning Commission reviewed Planning Commission Application No. 2011 -012 submitted by Mike Lambert for Allied Building for Site and Building Plan approval for the property located at 4810 Lilac Drive. The Planning Commission recommended approval of the Application subject to the conditions of approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2011 -012, an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents included in this review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans. Alission Ensuring an attractive, cleran, safe community that enhances the quality of life and preserves the public trust Application Filed on April 18, 2011 City Council Action must be completed by June 17, 2011 (60 Days) Planning Commission Information Sheet Application No. 2011 -012 Applicant: Mike Lambert, Allied Building Products, Inc. Location: 4810 Lilac Drive North Request: Site and Building Plan Review for a 13,300 sq. ft. storage building Meeting Date: May 12, 2011 INTRODUCTION The applicant, Mike Lambert, Operations Manager of Allied Building Products, Inc. is requesting site and building plan approval to facilitate the construction of a 76' x 175' (13,300 sq. ft.) cold storage building. The new building would be used for the storage of raw and finished building products typically provided for or sold (wholesale) to Allied customers. The site plan provided by the Applicant illustrates the location of the building within the northwestern portion of the 6.5 acre office /warehouse site. Access to the building will be provided by large, overhead doors on each end, with main access from the interior of the storage yard and the far northwesterly entrance. BACKGROUND INFORMATION A review of the property file on this original site demonstrates a number of different site and building plans, along with a special use permit for off -site parking provisions. The principal building located near the main entrance is used for Allied Building offices (19,266 sq. ft. ) plus 26,000 sq. ft. of interior warehouse /storage. The site also contains five other "storage buildings" consisting of over 30,000 combined sq. ft. of storage space, along with a small (784 sq. ft.) garage. The last site /building plan approval was completed in 1987 involved the installation of the 110' x 150' storage shed shown on the central portion of the storage yard. In 2009, Allied repaved (bituminous asphalt) the entire site in order to address drainage problems that had plagued this site for years. This repaving involved the reshaping and re- grading the entire site, followed by hard surfacing the entire storage yard areas and the parking areas along the front. This work was done as part of an overall grading /drainage plan reviewed and approved by the City Engineer and City Building Official, which was finalized in 2009. This new 13,300 sq. ft. building would be consistent with that style as a fully enclosed, machine shed (Morton brand) style of structure. The general location is along the northerly property line, which is adjacent to an existing and used railroad service line. 5 -12 -11 Page 1 ZONING /COMPREHENSIVE PLAN The property is zoned I -2 General Industry. This storage building is permitted as an accessory use incidental to the permitted use of the subject site. The site is guided as I — Industrial in the 2030 Comprehensive Plan. PROPOSED SITE AND BUILDING PLAN The site and building plan review is being processed under the provisions of Section 35 -230, Plan Approval, a copy of this section has been attached to this report for reference. The architecture of this new building is very plain and simple. The applicant proposes to use an Elliott designed, typical steel- seemed metal storage building. The overall height is shown at just over 27 feet with the measured heights at 23.5 feet. The building's to cover will consist of a g g p 3/12 pitched, steel seemed roof, which is considerably flat considering the overall size of the building. The Building Official stated any approvals for this building and site would need to meet full building permit and engineering (structural) review and approval prior to any construction. Colored photos of the proposed buildings have been provided to illustrate the earth tone colors. Please note there are no provisions or architectural standards contained within our City Code that regulate or require upgraded building materials, particularly in this I -2 District. Since this building is located in a somewhat isolated area and industrial district, Staff has no additional comments or requirements to provide on the appearance or building materials at this time. COMPLIANCE WITH ORDINANCE Building Setbacks Ordinance Proposed Front Yard 35 -ft. 175+ ft. Rear Yard 25 -ft. 465+ ft. Side Yard 10 -ft. 10 -ft. Parking Requirements For Industrial and Wholesale use, Code requires one space for every two (2) employees; OR one 1 space for each 800 sf. of gross floor area whichever is greater. The s o ( � applicant indicted to p g g staff that no more than 25 employees (at peak seasonal employment) are located at this site. The site currently has 65 marked parking spaces. The interior storage yard also has marked truck and trailer arkin spaces, which are situated well away from personal vehicle parking areas. p g p � Y P p g Calculations: • @ 1 per 2 employees: 25 employees / 2 = 12.5, or 13 spaces. • @ 1 per 800 GFA: Depending on how we calculate the "gross floor area" specified above, the required parking numbers can vary according to their calculations. The following is offered for consideration: 5 -12 -11 Page 2 o 19,266 sf. of office / 800 sf. GFA = 24 spaces o 19,266 sf. office + 26,838 sf. of attached warehouse= 58 spaces The Parking Ordinance however, does provide that "In the event the latter requirement is greater, adequate land area shall be provided for the required off street parking area, but improved space need only be provided according to the employee's ratio." Staff interprets this provision to generally state that if a site has enough room or area to accommodate these "required" parking spaces, they need only improve (stripe, sign, mark, or pave) those needed for their employees. In this case, with the re- shuffling of materials from outside to inside areas, and the "openness" of this site, it appears Allied can accommodate these parking numbers if required. For all intents and purposes, the 65 spaces should be adequate to serve the employees. and customer's needs at this time. GRADING /DRAINAGE & UTILITIES As indicated previously, Allied provided for the re- grading and repaving of the entire site in 2009 to alleviate drainage problems. This improvements was reviewed and approved by our City Engineers and Building Inspectors, and appears to be functioning well at this point. No significant changes to the overall grading and drainage plans will occur due to the installation of this building. The existing site currently has municipal water and sanitary services provided to this site. No changes or additions to these systems are planned. In review of the plan submittals and 1998 ALTA survey map (found in the city property files), there appears to be a 10 -foot wide NSP (now Xcel Energy) easement running along the northerly property line (and Soo Railroad right of way). We have made a condition that no part of this building may encroach onto this easement area. The plans and survey also reveal an old 17 -foot wide spur line easement in the area of the proposed storage building. Since this spur line is abandoned (per the Applicant) and they have no intention of ever utilizing this line again in the future operations of this site, Staff is not concerned with constructing a building over this easement area. If the City Attorney opines or determines otherwise, we will defer any easement vacation or determinations, as per final City Council approvals. The Engineering Department will provide final review and comments on the drainage, utility, and grading components of this application as part of the overall review of the future building permit. LANDSCAPE PLAN The site is currently landscaped along its front (westerly) edge and south edge of the principal building. No additional landscaping is provided as part of these building improvement plans. RECOMMENDATION We believe the plans are in order and approval is recommended subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official and Fire 5 -12 -11 Page 3 Chief with respect to applicable codes prior to the issuance of permits. If required by the Building Official, the new building's automatic fire suppression systems shall meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 2. An existing signed survey should be submitted showing the proposed building and exact distances from lot lines. 3. No permanent structure shall be constructed over any existing easements. The status of the railroad spur easement may need to be determined later by the City Attorney. 4. The plan should show grading limits, pavement removals and restoration. 5. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. An erosion control plan must be submitted with the construction plans. All erosion control items must be installed before construction begins. 6. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to issuance of any final certificate of occupancy. 5 -12 -11 Page 4 Section 35 -230. PLAN APPROVAL. It is declared to be the policy of the City to preserve and promote an attractive, stable residential and business environment for its citizens through encouraging well conceived, high quality developments. To this end, imaginative architectural concepts shall be employed in the design of buildings and in the development of respective sites. In this regard, every person, before commencing the construction or major alteration of a structure, except one and two family dwellings and buildings accessory thereto, shall make application for plan approval from the City Council. Plan approval may be required in conjunction with special use permit consideration. The following rules shall govern applications for plan approval. L Procedures a. A "Plan Approval" application shall be initiated by the owner of subject property or by his authorized agent. The applicant shall fill out and submit to the Secretary of the Planning Commission a "Plan Approval" application, copies of which are available at the municipal offices, together with a fee in an amount as set forth by City Council resolution. The application shall be filed with the Secretary of the Planning Commission at least fourteen (14) days prior to the next regular meeting of the Planning Commission. b. The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission's next regular meeting; provided, however, that the Secretary may, with the approval of the Chairman of the Commission, place the application on the agenda for a special meeting of the Planning Commission. C. The Planning Commission shall report its recommendation to the City Council not later than sixty (60) days following the date of referral to the Commission. The date of referral is defined as the date upon which the application is first considered by the Planning Commission. d. The application and recommendation of the Commission shall be placed on the agenda of the City Council within eighteen (18) days following the recommendation of the Planning Commission, or in the event the Commission has failed to make a recommendation, within seventy -eight (78) days of the date of referral to the Commission. 5 -12 -11 • Page 1 e. The City Council shall make a final determination of the application within forty -eight (48) days of the recommendation by the Planning Commission, or in the event the Commission has failed to make any recommendation, within one hundred and eight (108) days of the date of referral to the Commission. If during City Council consideration of the plans the applicant submits substantially altered plans from those originally submitted and reviewed by the Planning Commission, the Council shall refer the altered plans back to the Planning Commission for review and recommendation except for alterations or changes requested by the City Council. The time needed for such a referral and review of altered plans shall not count against the time period which the City Council has to make a determination on the application. f. The applicant or his agent shall appear at each meeting of the Commission and the City Council to answer questions regarding the maps, drawings, plans and to furnish such information as may be required. g. The Secretary of the Planning Commission, following the Commission's action upon the application, and the City Clerk, following the City Council's action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application. 2. Required Documents Concurrent with filing application for plan approval, the applicant shall submit, as required, to the Secretary of the Planning Commission the following documents and information: a. A survey drawing by a registered engineer or land surveyor showing pertinent existing conditions, accurately dimensioned. b. A complete set of preliminary architectural drawings prepared by a registered architect showing: I An accurately scaled and dimensioned site plan indicating parking layout including access provisions, designation of locations of possible accessory buildings; landscaping, including trees and shrubbery with indication of species, planting, size and location. II Fences or walls or other screening, including height and type of material. III Lighting provisions, type and location. 5 -12 -11 Page 2 IV Curbs. • V Building floor plans, elevations, sections and outline specifications, including materials proposed. VI Existing and proposed land elevations, drainage provisions, temporary and permanent erosion control provisions, and utility provisions as may be required. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions as deemed necessary to protect the public interest and to secure compliance with the requirements of the ordinance. The conditions may include the execution and submission of a Performance Agreement with a supporting financial guarantee that the subject property will be constructed, developed, and maintained in conformance with the plans, specifications and standards. • 5 -12 -11 Page 3 MEMORANDUM DATE: May 4, 2011 TO: Tim Benetti, Planning and Zoning specialist FROM: Bruce Johnson, Engineering Technician Supervisor SUBJECT: Allied Building products, Inc 4810 Lilac Drive Public Works Department staff reviewed the following documents submitted for review for the proposed cold storage building; dated April 21, 2011 and has the following comments: 1. An existing signed survey should be submitted with the plan showing the proposed building and the distance from the side lot line and front lot line. 2. The paperwork as submitted indicates a drainage and utility easement. No permanent structure can be constructed on any existing easements. 3. The plan should show grading limits, pavement removal, restoration etc. 4. An erosion control lan must be submitted with the construction plans. P P 5. All erosion control items must be installed before construction begins. 6. Review by the fire department due to the proximity to the fence. 7. Certified asbuilts are required. IGISMap Output Page Page 1 of Allied Building Products, Inc. - ;a2ck? _.,7i> w�2 ' ,n {3�3 - r `r 1 /r syt4 :i Tnanple Park - 52NOAVE tJ T � �1 1 ... � � _ s153�ss 3a E t X132 SEGO • z.- 4d� ,390 M1b 5t33 5 12 5 43 ra 2 �g d7 1Y: 1 f'' S a5 525 I 1 3953 331 s_ s14n�J A:r 26� I x°127 51;iE 5 3) m O S::qq f rr'.• _'"".__ 5139 l� ... -� .33 ( 5F�3 F7 ._.. X39' +,'"AU �51c4 64 -+K3 �' �� b13d r m 3 z 5132 5 t i b133 4°� 61 t 5321 35 SI... 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MN 55429 90 +� 1 10 �......r 3.. 1000 0 30 ➢Q D ° I Y$ sp o tt I .. o� AI ;r< - o9 ;n• . ay I PAVEMENT s / 1D OD is a1 >}1 r1 %°; 1 IMPROVEMENT o i000 PROJECT / . n r. vI / t°:aSSl ea•...,ru e _. �•w• x ,.s.. � S �I' :., J �•.s X995 R � 7 � to 0 o 0 qq r l ;� , y ' 1. 1 9A "a r o Uu%c \ e o Tao ECrNO. 1001 °tt7`f x aTaar „°,u,n °oo \DODO x �n o5�:a q a IAE l : � %� =�_�,� a. l � w ”' ....�,��,'•"' l � ..q1Y , \ DATE laza•ae �.. w �3'�J y �i�•Ai^ i _ _ -•, E. __ – `wu` �_;+i.•j'.!.•�•� al 4..:' � 1 RMSION No. DATE ( % ; Y% � �R t n»`��_ � •'.In �ee'.ee u E! \ ° I r �hr' "" vi .' ' 1 � ra,mn se 7, a ONE source�ONE solution 1` / •• i wt Liw�� . . , \/. I I �y.r�.n"rylx .n .. \ CEHII A WL xf5 FlC:P.TON ALLIED BUILDING PWDUCTS COar. It6EEYCERWRIAIRIODRAWNG WWWAWEOBULDING.COM ROSE:4810Lilac Drive North WASPREPARED BYME OR UNDER M/ •' tl' _ Brooklyn Center, MN 55429 �Y TIRED N l A UNDER y �A+•" ' '•:; •;; BL00: 220 Wesl90th Street 11E LAWS OF IIESTAIEOFMlINE97A ,,.+ �. ', + \•,: �. - \' Mchael D. Lam Bloomington, MN 55420 i bert ? ' • "" ' 1 ; - Phone. 76 &535 -2300 Operations Manager Fax I63- 5351122 mike.lambed @alliedbuilding.com Cell: 6124904225 CMLSHEETINDEX SHEET TOLE CI RECLAMATIO C_R C APO MAN GRADING PLAN PAVWG State Law rectuires notification of Gopher One Gall NOTES M 48 hours prior to beglnning work. Gall 651.454.0002 for Iocatlon of utty owned lines. Private utility lines I. Gonkractor Is responsible to visit the site prior to bldding to assure scope of work Is understood and P4111 not be located as part of Gopher One Gall, but Is to call architect or engineer prior to bid ding for any cl.rt1lcatlon needed. 'there will be no additional can be located by a contract locator or other suitable compensation for Items that could have been claNFied prior to bid submltals. means. Contractor is responsible For locating all utility 2. Public streets are to be clean of debris and dirt on a daily basis. lines prior to construction. 5. Upon completion of pro ect temporary erosion control to be removed. 4. Verify all removals on scope of work. .! F DRAWINGTIILE: w TWO Bockground survey provided by Allied Building Products,lnc. SURVEY DRAWING NUMBER: GRAPHIC SCALE 1 =100 C+ 0 100 200 300 I P'E - ELLIOTT Des Pgn Ou k-A - �, � d 3 1 t ' + �4F W yt'^ZdIW � . {Y . KvatGAFO Ca671n1cnON IBMCO 5616 DALRYMPLE RD EDINA, MN 65424 l M t R h s uJ klh Yw 4 Y BUS: (612) 2W - 0162 x 1 �4:t arl n FAX: (952) 422.8685 aI P r Concrete Reclaim under oveman0s If f r RECLAMATION AREA APPROX. 222,000 SF Lr Ilnl W YII Ia 3 possible, ollLettrke remove s p t o .: i 1 I I 4o Romaln ' lASnLIDIt Yt00} of 4 1Ifaltr�Y3lfand place riot 1 1 : t s� ALLIED BUILDING 1 INC gravel o matc11 - at sec PRODUCTS tbn I , i � ! :� f .� , (604IICRIiCYCirxCMiBS�a a "I "s) ' 1 '� ; t� r r �,� NOTES: 4810L1ocLrFhreNorlh 1) ALL RECLAMATION TO BE FULL DEPTH ASPHALT AND AGGREGATE. IAoddyn Center A#N �ZI BASE (6-12) AS DIRECTED BY ONSITE ENGINEER 2) ALL ASPHALT BEYOND REACH OF RECLAIMER TO 01 REMOVED AND PLACED IN PATH OF RECLAIMER PAVEMENT 3) CONTRACTOR IS RESPONSIBLE FOR REPAIR OF DAMAGE TO IMPROVEMENT it xp! :. `01, -' ;.�..- -•--•� ' w �rv'r! . R ""` a 'P'"' +� BUILDINGS, CURDS, WALKS, UTILITIES, ETC. PROJECT �y d � teNK I x x P 1 a If�it k 4) ALL CASTINGS TO BE MARKED AND PROTECTED DURING ENTIRE Y P x CONSTRUCTION SEQUENCE A. 4 5) STOCKPILE AGGREGATE PRIOR TOSUBCURINGUNDERLYING l 4 „ W �r SOILS TO ACHIEVE GRADING P LAM 1 E PROPER GRADE IN CUT AREAS _ ( PnOItcT NO. 8 l`A` "t" ,°.,, iIW ' 1 •l i r mTY nnnwN LAE d t ux• IW07 '�'. s y�l DACE 10 -24 -08 ,, •. REVISION DALE Pen tt set rr� _ r fig Y , 1 ^�..r,yn.�IR s� I • ONE ^OLUCO�ONE solution V + I I n- ,���,y'� 1 \ � PFh9FrnwbrODUFROUR r'OISaYRIRxaWYhNaLL ' \ CEfmEfCATON t MPIRUTRUND WTIG uY W REPARED AS TSUISN O ONAN R IRA ALLIfn aUROING PMOn11CT5 CORP. • DY7ECT91REINWOfI AfD1HATIAMA .. $ ,,...•' '. ,, �. 1 _ www.nuleneuaolNC.eom ROSE: 4810 Lilac Drive Nodh �YRMEngo Brooklyn Center, MN 55429 iFEUW30FRE9AIEOFM7tf90A v c'” "e `,:.:•" -..\ ,, BL00: 220 West 90th Street �cinnsn ` wexi xlFa Michael D. Lambert Bloomington, MN 55420 Operations Manager Phone: 753. 535.2300 Fax:703. 535.1122 CMLSHEETINDEX mike.lambed @alliedbuilding.wm Cell: 812 490.7225 SHEET TIRE CL TOPOS g ER05ION CONTROL 5TANDARD NOTE5 c2 ECLAMAl1 C3 GRADING PLAN G PUGP U Install slit Fence at the 1O 11.rs shown on the plans prior to beginmog Lon5truetlan. 41 Nam nay toln III temporare erosion and sediment control dovlces In place until the PHiA INS Install silk Fence with t sp Ing of 4 Feet or lass. Drive p is at (east I Foot Into the conkrlbUting drainage ar n Uaen stobluzed. Inspect au temporary erosion arW ground. Anchor the silt Fence fabric In a trench (at least ba fnche5 deep and b Inches SeQknent control Govices on a dally Lxuls. Remov¢ accumulated sediment tleposlts Iqe) du t1 n the up sloe side of the support pos ts. Lag the Fabric In the trench and From behlndi erosion and sodanent control devices os needed. Do not allow sediment then boc 1111 and comp t. Makes urur splices In the Fokxk at a fence post. AL spikes, to aeeumulote to a depth of rt ore then on -holf of the helght of the erosion and e I pthe Fabric al Ieasl 6 Inches, F¢Id It over, and securely fasten It to th¢ Fence sediment control devices. Immediately replace dekerlorgtetl, clan-god, or rotted post SIIC fence uppo on p is shall be 2 -Inch hal square or laFger hardwood, p me, or orlon control devices. 5tandtX T- ar U- 5ectl0fi Steel posts. Post. sl have d mu a no length of 5 Inches 5) Tom p rorlly or perlrin'lently stab'i'le all Qeruded areas which have been finish graded, pplus burial de th. nntl elf denuded areas In which grgdl Q or site l'x4lding LonStruLNOn 2) Remove all le or thetic, structural, non- MOdegrodable erosion and Sediment operotirs iiklvety L a under= m golnst eroelon due to rain, wind and ri n $ng control devlc¢s p r the Site has untlergone Nnol stnblRZatlon. water Ithln 14 day,. Use sesdNg Iching, erosion control matting, and/or b e 3) Remove pll ils rn d sediments !rocked or olhefwlse dep ited onto public aM soddirq and 5tokinq m green space areas, use eery oppII atk n or gravel base on p Ivat¢ pavement areas. Removal shall be on n deny bas's throughout the duration of areas o be pave the con<itrvctlon. Glean aved roodway shovel or 5wee In . 5treet washin Is 6) PerFOrm all a orlon control p bce9 In accordance with the methods outllneA m the p is '� p . g best man ement actice5 handbook, 'Protectln Motor 0-lit 1n Ikbon Areas," D TIT allowed only after shoveling or sweep ng has removed sediment. °g 9 Y P�R Q) Locate soil or dirt stockpiles containing more than 10 cubic yards F mpterlal with a down slope draFwge ?II,n¢d {q�yt the Imesota Pollution Control Agentyy vie •n � length of no less than 25 feet from the toe of the pile to a roadway or drainage channel. If remalnng For mrXe '/ ' ^saInret pr 'action at all catch bcoln Inlets, .'itch receive runoff From the ,.t REC than 5 e dogs, stabnlze the stockpiles by 4ching qq tative Lover, tarpps O other means. Control erosion disturbed areas. Catch basin Inserts Pr stakeQ 911E Fence Is the best option. Y" REMOVALS Frosockpiles ea pl[rLing slit Fence barflers wound the plle5. DUfInc7 kf¢Bt feppY, LOVefLOnSlfULLlon 9011 Or tl) Vnie9s Olh0rWl9e noted, the approprlote dates for 5pfing 99eding/9 on,q a from dirt StoGkplles locntetl closer than 25 feet to a roadway or �p og Channel with tarps and protect storm sewer April IS through .tme I. Fall Sodtllrlg Is q rlerally pccepLOble From August IS [ ugh PLN Inlets with block ontl rock sedlmant Filters or slit fence. November I; fall seeding From August IS through September 15. Seeding must taY 10) Gonsirmt all proposed side slopes with grades not exceeding 3:1 (3 horizontal to Ivertkal). place prior to September 15. After September 15, wait until November I to perform DRAWING NUMBER; dormank soegmg. GRAPI-IIC SCALE 1" =100' C2 0 100 200 300 .n I O PLACE DOUBLE SIDED STRAW BLANKS! • OVER ENTIRE POND AREA AND VEGATATIVIE Er' �t9 SWALE BOTTOM 009.0' BASIN AREA TO NORTH, PLANT MNDOT 31O SEED S } / - ELL' TT AND FERTILIZER PER MNDOT SPECS r m AREA SUBCIITI'AND PLACE I5CY 10 00 a�jO 1:1i1d 9 \ q S AS DIRECTED BYE ENGINEER ER MAT 0 gg 0 1a PnaEJ90NnLCNn a GI EE cvcnND Canim rnoN tEMCe 7 W WIDE DOUBLE 9 S 9 g . 5 5 51DED 5TRAN 5616 DALRYMPLE RD 990 TURF BLANKET OVER EDINA,MN554&1 9 10 0 REMFORCEMENT 9 ASPHALT TURF EXFENIGE . 0 QO q REINFORCEMENT BUS. (612) 220 ' S EDGE MNDOT 550 5EE fAR• (�1' 2) 922.8M ........ . .................. ...... TOPSOIL ........... .. -. .. ...�.�.._.. ...... .. IDEPTH VARIES ALLIED BUILDING 999 Q . 1000 O . Silt Fence 1000 0 9 (9 Jr 1 QQ O, Q ' 3:1 SIDE SLOPES NOT 70 SCALE PRODUCTS INC. -- 4810 LIM DfAm North 40 SCALE ENLARGEMENT OF POND AND SWALE of sWALE WFEINS ONSTRUCTION AND AFFT CCOMPLLETIO GTM &ooMYn Center MN 55424 PAVEMENT IMPROVEMENT PROJECT �n �d�m. ca°wwr PROIECTNO. 1001 Js I L se SB ZSEB - "" ' - .s SEC110N A -A °1u� LAE DATE 10 'Ib 1 xr, r ._ 7aa ;:y-f` a 1�- b .•w.�. REnnON DATE _ a utu ..A q a u r ti J n I �ti s na n I Owm o o ° ...prtop.� �a �1 }��•�p�'� Wo.0 yy \ P°mu sr I T- Jm +n °.: "" 'o' r 'n 1dp't �' Oq S �• r tya rn•. I r _ x-. a, —_ _ .w$.- ' y . Y O'D 1 9' �a .. O o-:- nc .. .:. 1 P § � CERTIFICATION (5 IIBMCEMJH47TFMDRAWTNG q9 WAS PWARED SYME ORUYIORMY J f ° o ti g `., •`u tia •, • 9q DM1ECT111PERVOONANDTHATIMIA � S � , LR q - I: u ' m . y • UF O' I` n _' A ./ s- rnrin• 9 n.... wv..:..,,ev.v..m . wv TEELAWSOFTEBUO o FMMMTA :.r7x,. °"4' 7�1 � I �° ti �' o rm10= .w4R�erI': a' teosxecxm aErT n9a °'• ' !' ° ° $ b CIVI SHEET IX b - �- 3d �s,�t,� ' ...(� 7 : � ° I LY4 .. 4 -- • � n jx, SOa0. — i " 10 00. L H CL ND ni�Y qA' • ... SHEET TITIF ° _ + 10°0 � • 0 � CI TOI'O IRVEY 1. aj i I r 3 ..... • p r o' �� 2 RECIArAAnO M VAIS N CJ GRADINGPIAN = PHASING PLAN :r �. ,•' . . + I -In- a 4�u. 19 9 wa+srw °u o. Pv I CITY OF BROOKLYN CENTER Replace M ole dntls Insta1I Boot clty xrE,llES I - :;::' " o face !' �•' solution utlon .,..,... yyy// A.E: Ireped e ;4 ]"•' Oas9ntll tied (�' . .. wr, ru, ,,, r n awExu°sm,.rtcw mmvgl IrrrOA':tEaaMS ll 999.0'r,rr T�TTC� sour wiP n� .... OIYr+ C9�ONE: I ti Yrpe110115Y. 41:a oFi1CC 91111LINR Del +' NATAI�ea�`h a�ADE ,`� a 10' {"1'. •, .ii' �I� ° " rfdti E stony rolrc. Y.OGN " yon m� )$..�.' .. 1 p0. IB1011nI111111UC UIIIYL' DRA ", i T I „V _, ., ",ipP „_�j;;,.; WING TITLE; E{la4 ,I ` I •� <•r' AUIEDBUIIDINGPWDDCTSWal ' �; p l, % d41:' o)? { i•nq `` ,pP.p " "'v - WWW.AU.IEDeUILDING. ROSE: 4810 Lilac Dri°e North GRADING AI 4 F Brook lyn Center, MN 55429 i : ias ca:r - ':' N RTI 61 g LI II I BLOO: 220 Wes1901h Street I11T11JTIES „ Michael D. Lam bOTt el oomloglan, MN 55420 a(`? r F1dB u r . "I r"' N � Operations Mana Manager Phono:763- 5352300 DRAWING NUMBER: ,tit Y�r B TA ke.lamb @ edbull q m Call 1 S':: 1 ' :'� -mre rR'pimnru - ` S�dl'I� o ' TII _ fax: 763- 535.1722 'n ,,� .. "• - �;;p,dc9,,.. f ` ed alll � din .cD � .. 100 ' I ".Tnrw`4r'ur- :b „s:p:••::^,.ri:'.;I,µ ; r''.: {(• 1 C3 i; �.'k; w)7., i ° aru iN.n I lll 150.BM1 11 :. � 1,I '. .. r '` ^f� / "� ;y. - r�x• if A dal k 1 0 100 200 30 I -(E_ ELLIOTT I - � �-- - *i'Ni��. - ;r.... .,F <. P4,' O' iE6C11f10VLG1E '.+®ONGAXDCAf,SRNGi10N06MC6 Ib . . ' l r'c"FDrr YP" 3 M s eAIjumr w ° awN 1 1 5616 DALRYMPIE RD e BUS 6 2)220-0152 E BITUMINOUS PAVEMENT SECTION (213,000 S0: FAX (952) 922 L -Compacted reclaimed aggregate bass ! x 3' MNDOT 2331 Base Course S l 31 l 1 1, x , F 2' MNDOT 2341 Wear Course (MV3 recycle) ALLIED BUILDING t All paving to MNDOTspeclBcdlons, PRODUCTS INC. compacted to 95 %dens) Mb(deslgn and supplier to be approved by engineer NnCenter, RmvW29 PAVEMENT / ALTERNATE PAVEMENT SECTION: IMPROVEMENT PROJECT � PWASE 1 AND 2 AREAS (See C5 Pin" Plan) Compacted recldmed aggregalebase — - G 1 3' MNDOT 2331 Base Course 3 • yr Nr °. , • m I I + A LF �q /r 2 OJECI 1001 NO, ° 1 tS + h1X it'll. �1 ! 2 MNDOT 2341 Wear Course (MV3 recycle) IYI ( NI paving to MNDOT spechlcaBons, DnAPN uE compacted to 95 %densi ty PHASE 3 AND 4 A REA S DAIS 1624 -08 REVISION 110. DATE t - No Recl al a 8o n MITI edges and repair existing pot holes Overlay 2' MNDOT 2341 wear course .Y' � ..,...,J,T;,`„i;a');'•.. .., .:.�..., .. ,.,.. I - i .. 1 \, CEknFlCATION UBM CEAIFYD W R6 DRAW?1C I'. WASPi0PM ®BYMEGRUMBi MY .. . I DWY AFGOTERED MUM FIRM t REIAWSOFRES IPn�._ M160FMNE9()q CML SHEET INDEX NOTES: SHEET TIRE c, ro sunvEv R CIAAM R. AlS GRADE TO STAKES PROVIDED BY ENGINEER C2 C3 RADIN 2) STOCKPILE AND SALVAGE GRAVEL PRIOR TO EXCAVATING TO ACI IIEVE GRADES G PAV NG PUN PHABI G PUN 3) COMPACT BASE TO 96% MIN. 4) TEST ROLL WITH FULLY LOADED TRUCK AS DIRECTED BY ENGINEER ONE source�ONE solution 5) SEE PHASING PLAN. PHASES MAY BE COMBINED 6) APPLY TACKCOAT PRIOR TO PAVING WEAR xEm wW E wB[nDNeao mI muI nmmn,00m 7) SEE PAVING SPECIFICATIONS 0 AWED BUILDING PILED CORP. WWWALLIEDBUNJDwGODM ROSE: 4810 Lilac Drive Nodh N Brooklyn Cemer MN 55429 Michael D. Lambert BIRO: 220 West Both Slreel c DRAWING DRE: Blao'mglon MN 55420 Operations Manager Phone: 783.535.2300 alliedbuildin .com Fax: 763.535 -1122 L PAVING mike.lambed R� 9 Cell: 612 -490 -7225 - c; PLAN DRAWING NUMBER: GRAPHIC SCALE C4 0 100 200 300 52 /x�1Zi a 5 , v i C f � O � �� �� _ _ c_ COP 1 /PaaaaOamaaamaOPm amaa°mamammcaae me\d � / ..... ..... .der; J � __- -" q � \`\ // �o amm ca..a a \ 9 °a •aaama.._- y� =� sw3 ....... ° meamaaaamma. mam.c� f. L == > -" Y a.a..aQe•m /b6 aa PC..P..ac ....P.. / \ Pmma _ ' $ 'ssys y � � \\ °••p■ � " - 9p�ee3 1 °p °m.aa � \a ..q.Uq ° .- .n•A P.�,a.maaaa:aaa y / / � !1 °m» ■..mo .� - ^ -P^ mmmaaaQ° / _ a .am./ \ II ���4! • ! - g FFFFFFFfr.k^ 22x: 9 e s a's = °-'- ammo° _ _ __ ______ ___ _____� raa caa.ma .m7 ! \/ P.P.P.PPCPPP•O= . 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E s1pQ 7 tCtt 2i2 22 x224 ;�wCi rr i�;g�� s� 222 x2222 ^w Api 74 kkk a tt @ehe.rb im ■.7 p C i 222i??: x�� . 2 - 777 C t 32 i2Qi� \ 2;tt M aa o 4 CC xx :r 21C ��p sbi...hv 22{ iiii 22 ���x2 Y7F 7 {g 22 CCCCC�w: �2l 2 2x r C FF�F7 ~tr $22222 \ ;�x. �F�! { d� 222 x22 4i i 7kC��kkCkYi �7,�� ` 9` 22iiiiiixii2ixx 2r i d� � 2 QQ 2426! i 2 222x2 ~.w .{3 M "Will i � - p! 4 xx xx22 x 2 ^ .l� e@ e!� 2 iiEz2�7�i777eke p � { kkkkk ��� i loopi�i 43� CS xx2 2xxxx2x q � 2i Va�i tC 22 7777 dkk kkkCkk .,p tEE- LAA 1) TH'Lh U 1� V h Y P'U N 0 30 0 90 00 90 Feet S . STE . _ M R M. ST. P._ - __ - -- — CENTERLINE MAIN TRACK -- 2700'3 " - -- _ -------- S72700'3 E 80.05 ---- 30.05 - 30- 0.64 82.7 ---- 1.25- — - - --- 62.56 -- _ _ — — _ _ — — — - - -- J o E PP A . i _ r' EASEM7 NT S _ - 3 BITUMINOUS NSP _ - - - - -- ^ . tiWALK7 _ EDGE OP D --- N0. _ CON� �j - - -- Q — GE BUILDING 4 lOt PARKING P;A�VS STORA ygpOD 6 -- 1 -1/2 STORY F A - --- - - -- -- a_ (NOT STRIPED. C-1 W ; r+ 80.3 1 � '. -------- -- ANCE AND _ Z ; o ON MAINTEN = --------- o� 6p " I _ " - " -- ; OAD CONSTRU '' = 4 cc; AS PER DOC. N0. 530775 I • - �� S° CENTERLINE SPUR TRACK OPERATION EASEM' 3pI 24.3 M co / 175 -y w BITIMINOUS SURFACE _ q ° o ao' o C f; 1.12-�ti MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION May 12, 2011 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tem Kuykendall at 7:05 p.m. ROLL CALL Commissioners Kara Kuykendall, Rachel Morey, Carlos Morgan, Michael Parks and Stephen Schonning were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel., Chair Sean Rahn and Commissioner Stan Leino were absent and excused. APPROVAL OF MINUTES — APRIL 28, 2011 There was a motion by Commissioner Schonning, seconded by Commissioner Morey to approve the minutes of the April 28, 2011 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Pro Tem Kuykendall explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2011 -010 — JEFF KAUERZ FOR AUTOZONE Chair Pro Tem Kuykendall introduced Application No. 2011 -010, a request byJeff Kauerz for AutoZone to consider a proposed Preliminary Plat approval of a new plat titled "Rainbow's Garden City Second Addition" for the property located at the northeast corner of Brooklyn Boulevard and 63` Avenue North (6300 Brooklyn Boulevard). Mr. Benetti presented the staff report and explained that two new lots will be created from this replatting. The existing Walgreen's will remain separate from this plat and once completed, Mr. Kauerz will be able to purchase the newly created lot and complete renovations for a new AutoZone retail auto parts store. PUBLIC HEARING — APPLICATION NO. 2011 -0 10 There was a motion by Commissioner Morey, seconded by Commissioner Schonning to open the public hearing on Application No. 2011 -010, at7:15 p.m. The motion passed unanimously. Chair Pro Tem Kuykendall called for comments from the public. 5 -12 -11 Page 1 No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -010. CLOSE PUBLIC HEARING There was a motion by Commissioner Morey seconded by Commissioner Schonning to close the public hearing on Application No. 2011 -010, at 7:16 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011 -08 There was a motion by Commissioner Morey, seconded by Commissioner Parks to adopt Planning Commission Resolution No. 2011 -08 recommending Preliminary Plat approval of Rainbow's Garden City Second Addition. Voting in favor: Chair Pro Tern Kuykendall, Commissioners Morey, Morgan, Parks, and Schonning And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Planning Commission Resolution 2011 -08 is made part of these minutes by attachment. The Council will consider the application at its May 23, 2011 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2011 -011 — JEFF KAUERZ FOR AUTOZONE Chair Pro Tern Kuykendall introduced Application No. 2011 -011, a request from Jeff Kauerz for AutoZone for a Planned Unit Development/Rezoning for the property located at the northeast corner of Brooklyn Boulevard and 63` Avenue North (6300 Brooklyn Boulevard). Mr. Benetti presented the staff report describing the location of the property and the proposal. He explained that the portion of this property subject to the rezoning is shaped by approval or acceptance of the Rainbows Garden City Second Addition plat, which is being considered under separate application and approval by the Planning Commission. Mr. Benetti further explained that the primary purpose of this rezoning is to provide the needed flexibility in securing adjacent parking areas from the MaxSun property which will allow for access easement and driveway rights between properties owners. It also provides a zero line setback between parking facilities. PUBLIC HEARING — APPLICATION NO. 2011 -011 There was a motion by Commissioner Morey, seconded by Commissioner Parks to open the public hearing on Application No. 2011 -011 at 7:30 p.m. The motion passed unanimously. Chair Pro Tern Kuykendall called for comments from the public. 5 -12 -11 Page 2 No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -011. CLOSE PUBLIC HEARING There was a motion by Commissioner Morey seconded by Commissioner Parks to close the public hearing on Application No. 2011 -011 at 7:32 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Morey asked about the sale situation of the lot between AutoZone and the MaxSun owners, and how does this affect their overall parking situations. Mr. Benetti explained the replatting and the rezoning will facilitate the completion of an individual lot sale between both parties. He added that separate agreements will be made between both parties to share in the parking. Commissioner Parks requested further clarification of the parking and access easement arrangements. Benetti explained these parking spaces are allocated or agreed upon between the owners of MaxSun retail, or BCK Enterprises, LLC, and AutoZone. The City wants to ensure that all stores or buildings on this site have adequate parking needs met, plus legal access to all portions of the parking lot for all customers. Commissioner Parks also requested information on snow removal. Benetti stated again the on- site maintenance, such as snow removal, cleaning and mowing are handled by and between the property owners. How they handle that arrangement is a private matter, but the City still retains • an interest in ensuring that parking areas are cleared and boulevards are mowed or maintained properly. At this point, the City does not have any concerns or unresolved property maintenance issues claimed on this property. The Commissioners indicated no further objections to moving this application onto consideration of approval. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011 -09 There was a motion by Commissioner Parks, seconded by Commissioner Morgan to recommend to the City Council that it approve Planning Commission Resolution No. 2011 -09 regarding the recommended disposition of Planning Commission Application No. 2011 -011, submitted by Jeff Kauerz for AutoZone, Inc. Voting in favor: Chair Pro Tern Kuykendall, and Commissioners Morey, Morgan, Parks, and Schonning And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Planning Commission Resolution 2011 -09 is made part of these minutes by attachment. 5 -12 -11 Page 3 The Council will consider the application at its May 23, 2011 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2011 -012 — MIKE LAMBERT FOR ALLIED BUILDINGS Chair Pro Tem Kuykendall introduced Application No. 2011 -012, a request from Mike Lambert for Allied Buildings to consider Site and Building Approval of a new 76 ft. X 175 ft. (13,300 sq. ft.) cold storage building in the 1 -2 (General Industry) zoning district, located at 4810 Lilac Drive. Mr. Benetti presented the staff report and explained that the proposed new building would be used for the storage of raw and finished building products typically provided for or sold (wholesale) to Allied customers. He further explained that the new 13,300 sq. ft. building would be consistent with that style as a fully enclosed, machine shed style of structure and the architecture is very plain and simple. Benetti further explained the on -site parking arrangement along the front (westerly) edge of the site, along with the internal parking areas for employees, customer's trucks and commercial trucks for deliveries. Benetti also explained that in the process of researching this site and reviewing former planning department files kept on this site, an ALTA survey from 1995 on the site was discovered, which revealed a 17 -foot wide railroad maintenance easement area (spur track easement) that ties off the existing Soo Line (now Canadian Pacific) railroad right of way to the north. This existing and recorded easement would affect the placement of the new building. Mr. Benetti provided an illustration of the area in question. He further stated in a conversation with the City Attorney, he recommended the owners get this easement released from the railroad, or move the building as needed. Mr. Benetti stated he would be willing to work with Mr. Lambert and Allied on resolving this issue as necessary. Mr. Benetti asked for questions or comments from the Commissioners. Commissioner Morgan asked how long the building would take to put up. Mr. Benetti stated approximately one to two weeks. Seeing or hearing no other comments, Chair Pro Tern Kuykendall asked if the applicant was available to add anything to the discussion. Mr. Lambert was present, but did not wish to add anything to the presentation. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2011-012 — MIKE LAMBERT (ALLIED BUILDING), There was a motion b Commissioner Parks seconded b Commissioner Schonnin Y Y g to recommend to the City Council that it approve Application No. 2011 -012, submitted by Mike Lambert (Allied Building), for Site and Building plan approval for a new 76 ft. X 175 ft. (13,300 sq. ft.) cold storage building in the I -2 (General Industry) Zoning District located at 4810 Lilac 0 Drive, subject to the following considerations: 5 -12 -11 Page 4 1. The building plans are subject to review and approval by the Building Official and Fire Chief with respect to applicable codes prior to the issuance of permits. If required by the Building Official, the new building's automatic fire suppression systems shall meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 2. An existing signed survey should be submitted showing the proposed building and exact distances from lot lines. 3. No permanent structure shall be constructed over any existing easements. The status of the railroad spur easement may need to be determined later by the City Attorney. 4. The plan should show grading limits, pavement removals and restoration. 5. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. An erosion control plan must be submitted with the construction plans. All erosion control items must be installed before construction begins. 6. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to issuance of any final certificate of occupancy. Voting in favor: Chair Pro Tem. Kuykendall, Commissioners Morey, Morgan, Parks, and . Schonning. And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. The Council will consider the application at its May 23, 2011 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. FINAL PLAT REVIEW OF SHINGLE CREEK CROSSING Director of Business & Development Gary Eitel presented this item. Mr. Eitel explained that the City Ordinance does not specifically state that the Planning Commission review or consider final plat items however, it is a discretionary right or process if the Planning Commission wishes to do so. In this case, since the preliminary plat was recently approved at the April 28, 2011 regular meeting under a public hearing process, this draft final plat is simply back for the Commissioners added review or comments if needed. The Commissioners elected to provide no further comments on the final plat at this time. No official recommendation was provided or offered by the Commissioners. DISCUSSION ITEMS — There were none OTHER BUSINESS: There was no other business. i 5 -12 -11 Page 5 ADJOURNMENT There was a motion by Commissioner Morey seconded by Commissioner Schonning to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:20 p.m. Chair Recorded and transcribed by: Tim Benetti, Planning Commission Secretary 5 -12 -11 Page 6 City Council Agenda Item No. 10a • • COUNCIL ITEM MEMORANDUM DATE: May 17, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Authorizing Release and Termination of Water Main, Sanitary Sewer and Fire Hydrant Inspection and Maintenance Agreement Document No. 962975; Release and Termination of Water Main, Sanitary Sewer and Fire Hydrant Inspection and Maintenance Agreement Document No. 1256759; Release and Termination of Water Main, Sanitary Sewer and Fire Hydrant Inspection and Maintenance Agreement Document No. 1260654; Release and Termination of Declaration of Covenants Document No. 1876646; and Release and Termination of Findings of Fact Document No. 4702186 and Release of Receipt of Deposit Document No. 4702185 Contained on the Parcels Which Lie Within the Area Bounded by Highway 100, Bass Lake Road (County Road 10) and Xerxes Avenue North, Hennepin County, Minnesota Recommendation: It is recommended that the City Council consider approval of the resolution authorizing release and termination of existing agreements in connection with the final plat approval of SHINGLE CREEK CROSSING. Background: It is expected the City Council will adopt the resolution granting final plat approval for the Shingle Creek Crossing development at its meeting on May 23, 2011. In connection with the final plat and easement dedication proceedings, the developer is requesting release and termination of agreements that are either no longer needed or are being replaced by new agreements. The following agreements are proposed to be terminated: 1. Document No. 962975 pertains generally to the Kohls site that includes a standard agreement for private utilities, which interconnect with the City's public utilities. This agreement provides the necessary control needed for inspections and other measures to protect the City's utilities. This agreement will be replaced with a new overall agreement. 2. Document No. 126759 pertains to an area within the Kohls site where an existing sanitary sewer exists that leads up to the EDA parcel. This agreement provides the necessary control needed for inspections and other measures to protect the interconnection with the City's utilities. This agreement will be replaced with a new overall agreement. 3. Document No. 1260654 pertains generally to the existing Brookdale mall site that includes a standard agreement for private utilities, which interconnect with the City's public utilities. This agreement provides the necessary control needed for inspections and other measures to protect the City's utilities. This agreement will be replaced with a new overall agreement. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 4. Document No. 1876646 pertains to the Kohls site and includes a Declaration of Covenants for parking stalls that will be replaced by the conditions of approval as part of the PUD for the plat of SHINGLE CREEK CROSSING. 5. Document Nos. 4702186 and 4702185 pertain to the condemnation actions that were needed to obtain trail and streetscape easements as part of the 2010 Bass Lake Road Streetscape and Regional Trail Project. As part of the plat for SHINGLE CREEK CROSSING, the developer has agreed to dedicate all needed easements in lieu finalizing the easements obtained through the condemnation process. Terminating Document No. 4702185 releases the $133,800 that was being held for the purchase of said easements and will be refunded to the City. The attached agreements and exhibits outline the release and termination agreements and show the locations of said existing agreements. The City Attorney has reviewed all release and termination documents and concurs to the purpose and form of the documents. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will aggressively proceed with implementation of Cit redevelop ment p lans • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING RELEASE AND TERMINATION OF WATER MAIN, SANITARY SEWER AND FIRE HYDRANT INSPECTION AND MAINTENANCE AGREEMENT DOCUMENT NO. 962975; RELEASE AND TERMINATION OF WATER MAIN, SANITARY SEWER AND FIRE HYDRANT INSPECTION AND MAINTENANCE AGREEMENT DOCUMENT NO. 1256759; RELEASE AND TERMINATION OF WATER MAIN, SANITARY SEWER AND FIRE HYDRANT INSPECTION AND MAINTENANCE AGREEMENT DOCUMENT NO. 1260654; RELEASE AND TERMINATION OF DECLARATION OF COVENANTS DOCUMENT NO. 1876646; AND RELEASE AND TERMINATION OF FINDINGS OF FACT DOCUMENT NO, 4702186 AND RELEASE OF RECEIPT OF DEPOSIT DOCUMENT NO. 4702185 CONTAINED ON THE PARCELS WHICH LIE WITHIN THE AREA BOUNDED BY HIGHWAY 100, BASS LAKE ROAD (COUNTY ROAD 10) AND XERXES AVENUE NORTH, HENNEPIN COUNTY, MINNESOTA WHEREAS, the Planning Commission has recommended approval for the plat for SHINGLE CREEK CROSSING based on certain conditions as set forth in the Planning Commission Resolution No. 2011 -06; and WHEREAS, certain existing agreements pertaining to the properties contained within the plat for SHINGLE CREEK CROSSING are either no longer needed, or are being replaced by new agreements; and WHEREAS, the City of Brooklyn Center and ABC North Central Theaters, Inc., entered into that certain agreement dated on or about May 22, 1969, and filed in the Office of the County Recorder of Hennepin County as Document No. 962975; the City of Brooklyn Center and Dayton Development Company entered into that certain agreement dated on or about November 10, 1.977, and filed in the Office of the County Recorder of Hennepin County as Document No. 1256759; the City of Brooklyn Center and Dayton Development Company entered into that certain agreement dated on or about January 5, 1978, and filed in the Office of the County Recorder of Hennepin County as Document No. 1260654; the City of Brooklyn Center and Equitable Real Estate Shopping Center, L.P., and Federated Department Stores, Inc., entered into that certain agreement dated on or about September 24, 1987, and filed in the Office of the County Recorder of Hennepin County as Document No. 1876646; and the City of Brooklyn Center and Peter Houser and Barbara A. Houser, et al., by court order entered into certain agreements dated on or about November 5, 2009, and filed in the Office of the Registrar of Titles of Hennepin County as Document Nos. 4702186 and 4702185; and WHEREAS, the City Council has determined that it is necessary and expedient to so release and terminate the aforementioned agreements for the benefit of the City of Brooklyn Center and the Shingle Creek Crossing development; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council hereby approves the release and does hereby terminate the aforementioned agreements with respect to the plat of SHINGLE CREEK CROSSING, agreements of which are described in the exhibits and documents attached hereto. 2. The approval hereby given to the release and termination of the agreements with respect to the plat of SHINGLE CREEK CROSSING includes approval of such additional details therein as may be necessary and appropriate, and such modifications thereof, as may be necessary and appropriate and approved by the City or Authority officials authorized by this resolution to execute any document related to the termination of the agreements. This resolution, together with the execution of any required documentation to be executed in connection with the release and termination of the Agreements in the appropriate officer or officers of the City or Authority, shall be conclusive evidence of the approval of the termination of the agreements in accordance with the terms thereof. 3. The Mayor and City Manager are hereby authorized to execute the aforementioned release and termination agreements in the name of the City of Brooklyn Center. 4. Release and termination of said agreements are contingent upon and will only take effect upon the release and filing of the final plat of SHINGLE CREEK CROSSING, and upon execution and filing of subdivision agreement for said associated development. May 23, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Oraw,na; name K \TWC_LDEV\GATLIN DEVELOPMEN T\13ROOKO ALE CEN TER \C ADO \E XHIBI TS\Si teEasemen is dwg Agreement v a ca tions May 17. 2011 8 1 Rom ay: Tr.Sh.R.the T­ I-- I, I­I­ .- !I,. ..... ­.d­ ­1 • In — — — — — — — - - - - - — — — — — — — — — 7 AANDYS CENTER N 4 55 _j Z' 0 0 1 Z 6 V 6 z **7 C) a 0 % CD " I I CY) �A 0 % L — a L — — — — — N N 0, 1 0 0 0 Z \� �� C) Cy) cyl z > cn cn M 1. N, \\ 7 f L % g % M x a > M x M m �� � /� _ r � it c� m ��� � Ip aN A > z : M 1�4 0 71 M 71 z — 4 M z 0 co 71 It 71 Ol z z z 0 > 7 o E DESIGN ENGINEER 6 Kimll — WILLIAM D. MATZEK AGREEMENT BEW ow� MINNESOTA REGISTRATION ... SHINGLE CREEK CROSSING and Associates, Inc. — C 2OD9 RIMLE—HORN AND ASSOCIATES, INC BROOKLYN CENTER, MN 255a U­&S,Ty AWN�IE KST. SUITE 345N ST. P­ IN ­14 — O� TERMINATION EXHIBIT PHONEi 651-645-4197 F­ 651-845-5116 DATE BY DATE. W—IMLEY—DANCON No REVISIONS HENNEPIN MINNESOTA i Document No. 962975 (Water Main, Sanitary Sewer, Fire Hydrant Inspection and Maintenance Agreement) RELEASE AND TERMINATION OF AGREEMENT This Release and Termination of Agreement is made as of , 2011, by the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the RECITALS WHEREAS the ro described on Exhibit A hereto Pro e is subject to that p pe rt3' " (�) J certain Water Main, Sanitary Sewer and Fire Hydrant Inspection and Maintenance Agreement by and between ABC North Central Theatres, Inc., as grantor, and the City, as grantee, dated May 22, 1969 and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on January 21, 1970 as Document No. 962975 (the " Existing Agreement "). WHEREAS, under the Existing Agreement, the City was granted the right to.access the Property for purposes of inspection, repair and maintenance of the water and sewer systems serving the Property. , WHEREAS, in connection with an amendment to the Planned Unit Development zoning for the Property and other property, the City has required or will require that the owner of the Property execute and record a [planned unit development agreement] which will grant the City the inspection, maintenance and repair rights the City desires. WHEREAS, to eliminate unnecessary encumbrances on the Property, the City desires to release the Property from and terminate the Existing Agreement. RELEASE AND TERMINATION In consideration of the foregoing, the City agrees as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 2. The Existing Agreement, together with all terms, conditions and requirements therein contained, is hereby released and terminated. (SIGNATURE PAGE FOLLOWS) i 3529255v4' IN WITNESS WHEREOF, the City has executed this Release and Termination of Agreement effective as of , 2011. CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Title: Mayor By: Name: Title: City Administrator STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on 2011, by the Mayor, and by the City Administrator, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by, BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8 Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO RELEASE AND TERMINATION OF EASEMENT (Document No. 962975) 3529255v4 EXHIBIT A Prope Property located in Hennepin County, Minnesota, legally described as follows: Tract "A ", Registered Land Survey No. 1266. i A -1 35292550 f I' _ I �1 �/lA/ C . -.n /A LJf I / c.V/ � couffy #W W 10 '" lr v'; A yt : T •` ... 14 z C4 A el t: +:+ I % L 7 r^ 7 A / I /`J A / a A dN (1) ° N I / II I U I mil/ Z7 A!/'l 7 ` / A /1 W / rn I ,- 1/ I L1/ ,^ A!/l rtL,,. rvv / r `r.: l/ a EXHIBIT EASEMENT VACATION (�T j]�j�E Main Office: • �J (,J 1 �► 9001 East Bloomington Freeway (35W) •Suite 118 DOC. NO. 962975 Bloomington, Minnesota 55420 -3435 2010 -040 -E T.118 R,21, S.02 LAND SURVEYING 952-881-2455 (Fa 952 888 -9526) 2010040EO06- ESMT- VAC.dwg www.sunde.com Brooklyn Pork, Minn. 763- 784 -9346 03/21/2011 MLS Document No. 1256759 (Water Main, Sanitary Sewer, Fire`Hydrant Inspection and Maintenance Agreement) RELEASE AND TERMINATION OF AGREEMENT This Release and Termination of Agreement is made as of , 2011, by the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the RECITALS WHEREAS, the property described on Exhibit A hereto ( "Pro e ") is subject to that certain Water Main, Sanitary Sewer and Fire Hydrant Inspection and Maintenance Agreement by and between Dayton Development Company, as grantor, and the City, as grantee, dated November 6, 1977 and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on January 20, 1978 as Document No. 1256759 (the " Existing Agreement "). WHEREAS, under the Existing Agreement, the City was granted the right to access the Property for purposes of inspection, repair and maintenance of the water and sewer systems serving the Property. WHEREAS, in connection with an amendment to the Planned Unit Development zoning for the Property and other property, the City has required or will require that the owner of the Property execute and record a [planned unit development agreement] which will grant the City the inspection, maintenance and repair rights the City desires. WHEREAS, to eliminate unnecessary encumbrances on the Property, the City desires to release the Property from and terminate the Existing Agreement. RELEASE AND TERMINATION In consideration of the foregoing, the City agrees as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 2. The Existing Agreement, together with all terms, conditions and requirements therein contained, is hereby released and terminated. (SIGNATURE PAGE FOLLOWS) 35491042 IN WITNESS WHEREOF, the City has executed this Release and Termination of Agreement effective as of 1 2011. CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Title: Mayor By: Name: Title: City Administrator STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on 2011, by the Mayor, and by the City Administrator, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by: BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8 Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO RELEASE AND TERMINATION OF EASEMENT (Document No. 1256759) 3549104v2 EXHIBIT A Property Property located in Hennepin County, Minnesota, legally described as follows: Tract B, Registered Land Survey No. 1430, according to the files of the Registrar of Titles, County of Hennepin, State of Minnesota (Plat 89787, Parcel 3000). A -1 35491042 COUNTY RD NO 10 Ln • L� `l o N V119. V, z � — T+ C N \ 9° \ \ Z J \ \ WA TERMAIN & SAN /TAR P v SEWER EASEMENT PER A z DOC NO 1256759 m 2 � _T_/ A / /-1 01° � 7- 1 A OR NER � x ,30 of MOS T P' T RA > / A L EXHIBIT EASEMENT VACATION 15 SUNDE Main Office: 9001 East Bloomington Freeway (35W) •Suite 1 18 DOC. NO. 1256759 Bloomington, Minnesota 55420 -3435 2010 - 040 - T.118. R.21, S.02 LAND SURVEYING 952 888 - 9526) 2010040EO06- ESMT- VAC.dwg WWW.sunde.com Brooklyn Park, Minn. 763- 784 -9346 03/21/2011 MLS Document No. 1260654 (Water Main, Sanitary Sewer, Fire Hydrant Inspection and Maintenance Agreement) RELEASE AND TERMINATION OF AGREEMENT This Release and Termination of Agreement is made as of , 2011, by the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the RECITALS WHEREAS, the property described on Exhibit A hereto ("Properly") is subject to that certain Water Main, Sanitary Sewer and Fire Hydrant Inspection and Maintenance Agreement by and between Dayton Development Company, as grantor, and the City, as grantee, dated January 5, 1978 and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on February 17, 1978 as Document No. 1260654 (the " Existiniz Alzreement "). WHEREAS, under the Existing Agreement, the City was granted the right to access the Property for purposes of inspection, repair and maintenance of the water and sewer systems serving the Property. WHEREAS, in connection with an amendment to the Planned Unit Development zoning for the Property and other property, the City has required or will require that the owner of the Property execute and record a [planned unit development agreement] which will grant the City the inspection, maintenance and repair rights the City desires. WHEREAS, to eliminate unnecessary encumbrances on the Property, the City desires to release the Property from and terminate the Existing Agreement. RELEASE AND TERMINATION In consideration of the foregoing, the City agrees as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 2. The Existing Agreement, together with all terms, conditions and requirements therein contained, is hereby released and terminated. (SIGNATURE PAGE FOLLOWS) 3549119v2 IN WITNESS WHEREOF, the City has executed this Release and Termination of Agreement effective as of , 2011. CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Title: Mayor By: Name: Title: City Administrator STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) ent was acknowledged before me on 2011, b • The foregoing rostrum g Y the Mayor, and by the City Administrator, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8"' Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO RELEASE AND TERMINATION OF EASEMENT (Document No. 1260654) 3549119v2 EXHIBIT A Pro e Property located in Hennepin County, Minnesota, legally described as follows: Tract B, Registered Land Survey No. 1469, according to the files of the Registrar of Titles, County of Hennepin, State of Minnesota. A -1 3549119v2 LI / A / / 4 -1 ,i 1 ''^ ) / I L- / V l COU" AD NON M4 A /A / E - ) — \./ 1 / V L- A / �\ / ;nACT is ; -1 1 1 4 1 69 I 1 J - i , r, �f /l c... • r - v 0 TRA T/. / AWN EXHIBIT Main Office: C 0 EASEMENT V A ATI N JI SUNDE 118 9001 East Bloomington Freeway 5350) 43 to . DOC. N0. 1260654 Bloomington, Minnesota 55420 -3435 2010 - T.118. R.21, S.02 LElND SURVEYING 952 881 24555 : 9C 888 - 9526) 201004OE006- ESMT- VAC.dwg www.sunde.com Brooklyn Park, Minn. 763 - 784 - 9346 03/21/2011 MLS i Document No. 1876646 (Declaration of Covenants - Parking) RELEASE AND TERNIINATION OF DECLARATION OF COVENANTS This Release and Termination of Declaration of Covenants is made as of , 2011, by the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the RECITALS WHEREAS, the property described on Exhibit A hereto ( "Pro e ") is subject to the terms of that certain Declaration of Covenants executed by Equitable Real Estate Shopping Centers, L.P., a Delaware limited partnership, and Federated Department Stores, Inc., a Delaware corporation in favor of the City dated September 24, 1987, and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on October 2, 1987 as Document No. 1876646 (the " Existing Declaration "). WHEREAS, since the recording of the Existing Declaration, the Property's zoning has changed. The property is currently zoned as a Planned Unit Development (" and the City is establishing new parking requirements for the Property as a part of the PUD approval process. WHEREAS, the Existing Declaration no longer accurately reflects that parking • requirements applicable to the Property under the City's Code and the PUD zoning now applicable to the Property, and the City desires to release and terminate the Existing Declaration. r RELEASE AND TERMINATION In consideration of the foregoing, the City agrees as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 2. The Existing Declaration, together with all terms, conditions, and restrictions and requirements therein contained, is hereby released and terminated. (SIGNATURE PAGE FOLLOWS) I 35696742 IN WITNESS WHEREOF, the City has executed this Release and Termination of Declaration of Covenants and Restrictions, effective as of , 2011. CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Title: Mayor By: Name: Title: City Administrator STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on 2011, by the Mayor, and by the City Administrator, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by: BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8 Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO RELEASE AND TERMINATION OF DECLARATION OF COVENANTS (Document No. 1876646) 35696742 EXHIBIT A Pro e Property located in Hennepin County, Minnesota, legally described as follows: Tracts B, Registered Land Survey No. 1614 on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota. A -1 3569674v2 I n A, 2 / C7L.v.. COUNTY RD NO 10 I 11 A r 3. I L / A \ V ! `r I TIJA /`T A {moo / A 1/ V P� V N N 7 H 7 A 0, /`r 5�P / o I / V A /A1 V V I / r In -, / I /=1/ A //'1 / \ L . v / V l/ -r / EXHIBIT EASEMENT VACATION JI SUNDE Main Office: 9001 East Bloomington Freeway (35W) •Suite 118 DOC. NO. 1876646 Bloomington, Minnesota 55420 -3435 201 T.118, R.21, S.02 0 -040 -E LAND SURVEYING 952 -881 -2 55 (Fa 952 888 -9526) 2010040EO06- ESMT- VAC.dwg www.sunde.com Brooklyn Park, Minn. 763 - 784 -9346 03/21/2011 MLS Nt Document No. 4872186 and 4702185 (Streetscape, Walkway and Sidewalk Easements) RELEASE AND TERMINATION OF EASEMENTS AND RELEASE OF RECEIPT OF DEPOSIT This Release and Termination of Easement is made as of , 2011, by the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the lic "). RECITALS WHEREAS, the City acquired certain rights in the property described on Exhibit A hereto ( " Property ") by condemnation as evidenced by (i) the Findings of Fact, Conclusions of Law, and Order Approving Petition and Transfer of Title and Possession in the matter of City of Brooklyn Center, petitioner, vs. Peter Houser and Barbara A. Houser, et al, as respondents, recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on November 6, 2009, as Document No. 4702186 (the " Order "), and (ii) the Receipt of Deposit as to Parcel 6 Only, recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on November 6, 2009, as Document No. 4702185 (the " Receipt of Deposit "). WHEREAS, pursuant to the Order, the Property is subject to easements for streetscape easements, walkway and sidewalk purposes as set forth in the Findings of Fact (the " Existing Easements "), WHEREAS, the City has approved the final plat of SHINGLE CREEK CROSSING. As a part of its plat approval process, the City has reviewed the status of various easements in favor of the City and various dedicated public easements and has required the parties executing the Plat to dedicate, on the Plat, public streetscape, walkway, and sidewalk easements as the City deems necessary and appropriate. WHEREAS, the Existing Easements are either unnecessary in connection with the future use and development of the Property or will be replaced by public easements dedicated in the Plat, and to eliminate unnecessary encumbrances on the Property, the City desires to terminate and vacate the Existing Easements. WHEREAS, on , 2011, the City adopted a resolution approving vacation of the Existing Easements. WHEREAS, the conditions to vacate the Existing Easement set forth in the resolution have been satisfied. 36786970 RELEASE AND TERMINATION In consideration of the foregoing, the City agrees as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 2. The Existing Easements, together with all terms, conditions and requirements therein contained, is released and terminated, and any and all conditions to the vacation of the Existing Easement set forth in City Council Resolution No. , a certified copy of which has been recorded in the office of the Registrar of Titles of Hennepin County, Minnesota, have been satisfied. 3. The Receipt of Deposit is hereby released. (SIGNATURE PAGE FOLLOWS) 2 36786970 IN WITNESS WHEREOF, the City has executed this Release and Termination of Easement effective as of , 2011. CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Title: Mayor By: Name: Title: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on 2011, by the Mayor, and by , the , of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by: BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8"' Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO RELEASE AND TERMINATION OF EASEMENT (Document No. 4702186 and 4702185) 36786970 EXHIBIT A Property Parcels 6, 6A, 6B, 6C and 6D (PID Nos 02- 118 -21 -23 -0023. 02-118-21-32-0014 0017; 02- 118 -21 -31 -0055, 02- 118 -21 -31 -0056) (Torrens Certificate of Title No. 11668611 Property Addresses 1150, 1200 and 1108 Brookdale Center; and 2501 County Road 10, Brooklyn Center, Minnesota. Legal Description of Property Par 1: Tracts A, C and D, REGISTERED LAND SURVEY NO. 1469, Hennepin County, Minnesota. Par 2: Tracts A, B and C, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota ((Parcels 6C and 6D) Par 3: That part of Tract B, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota, embraced within Tract B, REGISTERED LAND SURVEY NO. 1469. (Parcel 6A) Par 4: Tract C, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota. (Parcel 6) Par 5: Tracts A and B, REGISTERED LAND SURVEY NO. 1766, , Hennepin County, Y Minnesota. (Parcel 6B) Legal Description of Easements Acquired (Parcel 6): A permanent non- exclusive easement for public streetscape purposes over and across that part of Tract C, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota, described as follows: Beginning at the northeast comer of said Tract C, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 50 minutes 52 seconds East, along the east line of said Tract C, a distance of 15.00 feet; thence South 89 degrees 06 minutes 58 seconds West, 279.71 feet to the west line of said Tract C; thence North 9 degrees 24 minutes 33 seconds West, along said west line of Tract C, a distance of 25.46 feet to the northwest corner of said Tract C; thence North 89 degrees 09 minutes 08 seconds East along the northerly line of said Tract C, a distance of 42.92 feet; thence South 85 degrees 08 minutes 11 seconds East along the northerly line of said Tract C, a distance of 100.49 feet; thence North 89 degrees 09 minutes 08 seconds East along the northerly line of said Tract C, a distance of 140.59 feet to the point of beginning. A -1 36786970 Said permanent easement over Parcel 6 containing 5,159 square feet (0.118 acres) more or less. (Parcel 6): A temporary easement for construction purposes over, under and across that part of the above described Property which lies within a 6.00 foot wide strip of land, the north line of said 6.00 foot strip is described as follows: Commencing at the northeast corner of said Tract C, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 50 minutes 52 seconds East, along the east line of said Tract C, a distance of 15.00 feet to the point of beginning; thence South 89 degrees 06 minutes 58 seconds West, 279.71 feet to the west line of said Tract C and said line there terminating. The side lines of said strip to be prolonged or shortened to terminate on the easterly and westerly boundaries of said Tract C. Said temporary easement over Parcel 6 containing 1,676 square feet (0.039 acres) more or less. (Parcel 6A): A permanent non - exclusive casement for public streetscape purposes over and across that part of Tract B, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota, described as follows: . Beginning at the northeast corner of said Tract C, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 50 minutes 52 seconds East, along the east line of said Tract C, a distance of 15.00 feet; thence North 89 degrees 06 minutes 58 seconds East, 26.30 feet to the northerly line of Tract B, said REGISTERED LAND SURVEY NO. 1710; thence North 49 degrees 16 minutes 29 seconds West, along said northerly line of Tract B, a distance of 22.58 feet; thence South 89 degrees 09 minutes 08 seconds West along said northerly line of Tract B, a distance of 9.41 feet to the point of beginning. Said permanent easement over Parcel 6A containing 268 square feet (0.006 acres) more or less. (Parcel 6A): A temporary easement for construction purposes over, under and across that part of the above described Property which lies within a 6.00 foot wide strip of land, the north line of said 6.00 foot wide strip is described as follows: Commencing at the northeast corner of said Tract C, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 50 minutes 52 seconds East, along the east line of said Tract C, a distance of 15.00 feet to the point of beginning; thence North 89 degrees 06 minutes 58 seconds East, 26.30 feet to the northerly line of Tract B, . said REGISTERED LAND SURVEY NO. 1710 and said line there terminating 2 36786970 The side lines of said strip to be prolonged or shortened to terminate on the easterly and westerly boundaries of said Tract B. i Said temporary easement over Parcel 6A containing 178 square feet (0.004 acres) more or less. (Parcel 613): A permanent non - exclusive easement for public streetscape purposes over and across that part of Tract A, REGISTERED LAND SURVEY NO. 1766, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Tract A, REGISTERED LAND SURVEY NO. 1766, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 01 minutes 22 seconds East, along the east line of said Tract A, a distance of 160.29 feet; thence South 0 degrees 01 minutes 08 seconds West, along the east line of said Tract A, a distance of 9.45 feet; thence northwesterly 28.05 feet along the arc of a non tangential curve concave to the northeast having a central angle of 43 degrees 26 minutes 00 seconds and a radius of 37.00 feet the long chord of which has a bearing of North 58 degrees 20 minutes 31 seconds West; thence North 36 degrees 37 minutes 31 seconds West, 36.64 feet; thence northwesterly 42.57 feet along the are of a non tangential curve concave to the northeast having a central angle of 10 degrees 58 minutes 13 seconds and a radius of 222.35 feet the long chord of which has a bearing of North 25 degrees 47 minutes 03 seconds West; thence northwesterly 128.78 feet along the arc of a non tangential reverse curve concave to the southwest having a central angle of 74 degrees 28 minutes 22 seconds and a radius of 99.08 feet the long chord of which has a bearing of North 52 degrees 35 minutes 35 seconds West; thence South 89 degrees 09 minutes 08 seconds West, 202.02 feet; thence South 83 degrees 28 minutes 00 seconds West, 125.56 feet; thence South 89 degrees 10 minutes 42 seconds West, 127.40 feet to the northerly line of Tract A, said REGISTERED LAND SURVEY NO. 1766; thence North 47 degrees 34 minutes 42 seconds East, along said northerly line of Tract A, a distance of 22.42 feet; thence North 89 degrees 09 minutes 08 seconds East along said northerly line of Tract A, a distance of 150.00 feet; thence North 83 degrees 26 minutes 29 seconds East along said northerly line of Tract A, a distance of 100.51 feet; thence North 89 degrees 09 minutes 08 seconds East along said northerly line of Tract A, a distance of 346.61 feet to the point of beginning. Said permanent easement over Parcel 6B containing 17,703 square feet (0.406 acres) more or less. (Parcel 613): A temporary easement for construction purposes over, under and across that part of the above described Property which lies within a 6.00 foot wide strip of land, the north line of said 6.00 foot wide strip is described as follows: Commencing at the northeast corner of said Tract A, REGISTERED LAND SURVEY NO. 1766, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 01 minutes 22 seconds East, along the east line of said 3 36786970 Tract A, a distance of 160.29 feet; thence South 0 degrees 01 minutes 08 seconds West, along the east line of said Tract A, a distance of 9.45 feet to the point of beginning; thence northwesterly 28.05 feet along the arc of a non tangential curve concave to the northeast having a central angle of 43 degrees 26 minutes 00 seconds and a radius of 37.00 feet the long chord of which has a bearing of North 58 degrees 20 minutes 31 seconds West; thence North 36 degrees 37 minutes 31 seconds West, 36.64 feet; thence northwesterly 42.57 feet along the arc of a non tangential curve concave to the northeast having a central angle of 10 degrees 58 g g g minutes 13 seconds and a radius of 222.35 feet the long chord of which has a bearing of North 25 degrees 47 minutes 03 seconds West; thence northwesterly 128.78 feet along the are of a non tangential reverse curve concave to the southwest having a central angle of 74 degrees 28 minutes 22 seconds and a radius of 99.08 feet the long chord of which has a bearing of North 52 degrees 35 minutes 35 seconds West; thence South 89 degrees 09 minutes 08 seconds West, 202.02 feet; thence South 83 degrees 28 minutes 00 seconds West 125.56 feet; thence South 89 degrees 10 minutes 42 seconds West, 127.40 feet to the northerly line of Tract A, said REGISTERED LAND SURVEY NO. 1766 and said line there terminating The side lines of said strip to be prolonged or shortened to terminate on the easterly and westerly boundaries of said Tract A. Said temporary easement over Parcel 6B containing 4,170 square feet (0.096 acres) more or less. (Parcel 6C): A permanent non - exclusive easement for public streetscape purposes over and across that part of Tract A, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota, described as follows: Beginning at the northwest corner of said Tract A, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota; thence on an assumed . bearing of South 0 degrees 01 minutes 22 seconds East, along the west line of said Tract A, a distance of 160.29 feet; thence South 0 degrees 01 minutes 08 seconds West, along the west line of said Tract A, a distance of 9.45 feet; thence northeasterly 49.03 feet along the arc of a non tangential curve concave to the northwest having a central angle of 75 degrees 55 minutes 53 seconds and a radius of 37.00 feet the long chord of which has a bearing of North 61 degrees 58 minutes 32 seconds East; thence North 24 degrees 00 minutes 36 seconds East, 36.09 feet; thence northeasterly 49.50 feet along the arc of a tangential curve concave to the northwest having a central angle of 25 degrees 05 minutes 50 seconds and a radius of 113.00 feet; thence North 1 degree 05 minutes 14 seconds West, 35.16 feet; thence North 53 degrees 19 minutes 45 seconds East, 18.83 feet; thence North 89 degrees 10 minutes 22 seconds East, 52.26 feet; thence South 55 degrees 30 minutes 14 seconds East, 101.09 feet to the easterly line of Tract A, said REGISTERED LAND SURVEY NO. 1614; thence northeasterly along said easterly line of Tract A, a distance of 130.63 feet along the arc of a non tangential curve concave to the southeast having a central angle of 48 degrees 45 minutes 38 4 36786970 seconds and a radius of 153.50 feet the long chord having a bearing of North 50 degrees 14 minutes 53 seconds East; thence North 28 degrees 11 minutes 07 seconds West, along said easterly line of Tract A, a distance of 1.06 feet to the northeast corner of said Tract A; thence South 89 degrees 09 minutes 08 seconds West along the northerly line of said Tract A, a distance of 311.66 feet to the point of beginning. Said permanent easement over Parcel 6C containing 18,195 square feet (0.418 acres) more or less. (Parcel 6C): A temporary easement for construction purposes over, under and across that part of the above described Property which lies within a 6.00 foot wide strip of land, the northerly and northwesterly line of said 6.00 foot wide strip is described as follows: Commencing at the northwest corner of said Tract A, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 01 minutes 22 seconds East, along the west line of said Tract A, a distance of 160.29 feet; thence South 0 degrees 01 minutes 08 seconds West, along the west line of said Tract A, a distance of 9.45 feet to the point of beginning; thence northeasterly 49.03 feet along the arc of a non tangential curve concave to the northwest having a central angle of 75 degrees 55 minutes 53 seconds and a radius of 37.00 feet the long chord of which has a bearing of North 61 degrees 58 minutes 32 seconds East; thence North 24 degrees 00 minutes 36 seconds East, 36.09 feet; thence northeasterly 49.50 feet along the are of a tangential curve concave to the northwest having a central angle of 25 degrees 05 minutes 50 seconds and a radius of 113.00 feet; thence North 1 degree 05 minutes 14 seconds West, 35.16 feet and said line there terminating. The side lines of said strip of land to be prolonged or shortened to begin on the westerly line of said Tract A, and end on a line with a bearing of North 53 degrees 19 minutes 45 seconds East from the point of termination of the above described northerly and northwesterly line of the 6.00 foot wide strip. (Parcel 6C): Together with a further temporary easement for construction purposes over, under and across that part of the above described Parcel 6C which lies within the following described area: Commencing at the northwest corner of said Tract A, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 01 minutes 22 seconds East, along the west line of said Tract A, a distance of 160.29 feet; thence South 0 degrees 01 minutes 08 seconds West, along the west line of said Tract A, a distance of 9.45 feet; thence northeasterly 49.03 feet along the are of a non tangential curve concave to the northwest having a central angle of 75 degrees 55 minutes 53 seconds and a radius of 37.00 feet the long chord of which has a bearing of North 61 degrees 58 minutes 32 seconds East; thence North 24 degrees 00 minutes 36 seconds East, 36.09 feet; thence northeasterly 49.50 feet along the arc of a tangential curve 5 36786970 concave to the northwest having a central angle of 25 degrees 05 minutes 50 seconds and a radius of 113.00 feet; thence North 1 degree 05 minutes 14 seconds West, 35.16 feet; thence North 53 degrees 19 minutes 45 seconds East, 18.83 feet; thence North 89 degrees 10 minutes 22 seconds East, 17.67 feet to the point of beginning; thence continuing North 89 degrees 10 minutes 22 seconds East, 34.59 feet; thence South 55 degrees 30 minutes 14 seconds East, 101.09 feet to the easterly line of Tract A, said REGISTERED LAND SURVEY NO. 1614; thence southwesterly along said easterly line of Tract A, a distance of 20.50 feet along the arc of a non tangential curve concave to the southeast having a central angle of 7 degrees 39 minutes 03 seconds and a radius of 153.50 feet the long chord having a bearing of South 22 degrees 02 minutes 33 seconds West; thence North 55 degrees 30 minutes 14 seconds West 133.73 feet to the point of beginning. g � . p g g Said temporary easements over Parcel 6C containing 3,404 square feet (0.078 acres) more or less. (Parcel 613): A permanent non - exclusive easement for public walkway and sidewalk purposes over and across that part of Tract B, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota, described as follows: Commencing at the most southerly corner of said Tract B, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota; thence on an assumed bearing of North 52 degrees 37 minutes 30 seconds East, along the southerly line of said Tract B, a distance of 60.08 feet to the point of beginning; thence North 20 degrees 57 minutes 32 seconds West, 205.73 feet; thence North 28 degrees 54 minutes 34 seconds West, 197.1.3 feet; thence North 23 degrees 18 minutes 35 seconds West, 24.31 feet to the south line of Tract A, REGISTERED LAND SURVEY NO. 1430; thence North 63 degree 30 minutes 25 seconds East, along said south line of Tract A, a distance of 5.01 feet; thence South 23 degrees 18 minutes 35 seconds East, 24.34 feet; thence South 28 degrees 54 minutes 34 seconds East, 197.23 feet; thence South 20 degrees 57 minutes 32 seconds East, 204.60 feet to the southerly line of said Tract B; thence South 52 degrees 37 minutes 30 seconds West, along said southerly line of Tract B, a distance of 5.21 feet to the point of beginning. (Parcel 6D): A permanent non - exclusive easement for public streetscape purposes over and across that part of Tract B, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota, described as follows: Beginning at the northwest comer of said Tract B, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota; thence on an assumed bearing of South 28 degrees 11 minutes 07 seconds East, along the westerly line of said Tract B, a distance of 24.00 feet; thence North 80 degrees 06 minutes 56 seconds East, 38.83 feet; thence North 89 degrees 11 minutes 15 seconds East, 489.41 feet to the north line of said Tract B, REGISTERED LAND SURVEY NO. 1614; thence North 82 degrees 30 minutes 56 seconds West, along said north line of Tract B, a distance of 107.12 feet; thence South 89 degrees 09 minutes 08 6 36786970 seconds West, along said north line of Tract B, a distance of 432.80 feet to the point of beginning. Said permanent easements over Parcel 6D containing 9,652 square feet (0.222 acres) more or less. (Parcel 6D): A temporary easement for construction purposes over, under and across that part of the above described Property which lies within a 6.00 foot wide strip of land, the north line of said 6.00 foot wide strip is described as follows: Commencing at the northwest corner of said Tract B, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota; thence on an assumed bearing of South 28 degrees 11 minutes 07 seconds East, along the westerly line of said Tract B, a distance of 24.00 feet to the point of beginning; thence North 80 degrees 06 minutes 56 seconds East, 38.83 feet; thence North 89 degrees 11 minutes 15 seconds East, 489.41 feet to the north line of said Tract B, REGISTERED LAND SURVEY NO. 1614, and said line there terminating. The side lines of said strip to be prolonged or shortened to terminate on the northerly and westerly boundaries of said Tract B. Said temporary easement containing 3,284 square feet (0.075 acres) more or less. The Temporary Easements expired on December 31, 2010. The taking is subject to easements of record. i 7 36786970 ✓ � Y �_ yVMy`__ b ibs irk- CD -121ftm SHINGLE CREEK CROSSING GARINDEVEEOINENTMINNY SHINGLE CREEK CROSSING Item 10a. Release and Termination of Agreements Regular City Council Meeting: May 23, 2011 SHINGLE CREEK CROSSIN Release and Termination of Agreements Y I r 0 f BASS LAKE ROAD --� 1 • i [ S 4' ■ i r' / ..r,.Ll�, f t j +,• m 42 Kz W j ia�� '`1 F r p+a� � p •4 2! 1211 uj r_�L` I% �� ,'•, 4 G a •• ,• ` +' EXISTING AGREEMENT LEGEND w w W EWTING AGREEMENT TO BE TERWIATED U Y �1 r YYYJ r�.rr CJ• /r Z O ! ` 1` L � i SHINGLE CREEK , / C?f'l v v�S ur i.C J v vn74i= � CROSSING �(?T _ Release and Termination COUVrr AD WV of Agreement ( utility inspection and i � �'•J' �' fl v ! maintenance t I L � h�y r�� d L!agreement) � 1 P Ell' Doc. No. 962975 I a ' V JI VI N ew se pa rate ove ra I I / / I property easement p y and agreement granted as p art of EXHIBIT � � m6m nieway Subdivision AGREEMENT VACATION �� 0001 81mmlixiLm 55+2D-34Dito ila OOC. NO. 962975 �rvra�! S62-MI-24 B'°°r"�^�°�• "'�^^°�°'°�"�D—� ND aSV North Of£Md-6l6-2529) fal0-o.10.E r_I IR 121,9.62 'DI 0044[00l1-E%I-VAGdw 7Mrwr•.und�•Wn9 3n.,,y^ Pork, Ml, M-784-9348 Agreement 03'LI'M'I N LS I i II SHINGLE CREEK CROSSING COUNTY RD NO lY7 Release and Termination of Agreement ( utility r inspection and $ maintenance � Y...���,1` JO'A 7f74YVR44V&SAMTARY MAlN7EWA AMEEWVT AER n DOC AYO 12W759 agreement) 7-0 n r1 m -T- Doc. No. 1256759 ' V `� N ew se pa rate ove ra I I L ` GS1' ' T OSY EF NO L n property easement n I ! V and agreement granted as part of EXHIBIT Main Office: its SuAGREEMENT VACATION 001 Eaot Bloarngon Fcwau (35w) Suits bdivision OOC. N0. 1256759 "D el mwton, "'' L. 34"15 jNV�r G � -MA-25M) 040-E TJ l "1.92 ND sU Norte CNe 2D0I{OEOO TE-Vdw www sund..oam 0-oldp Pork, Minn. 76�?84-8 46 Agreement °3`1/-4ii "u SHINGLE CREEK M, CROSSING [v' I °�� �':rn ro;r,e¢aar rJL--�_ 'N L _•-- r . � g ---All Release and Termination -v,��/�n!ICJ ♦ yy of Agreement ( utility A �B t IRS. ; 1 .� MC inspection and -� r8� maintenance agreement) •�.`. its n� \ ;�� ` D A► / Doc. No. 1260654 a N ew se pa rate ove ra I I AV 935 property easement and agreement granted as part of EXHIBIT ` _�� Main Lw offlus: Subdivision AGREEMENT VACATION 1J'•�/ pD01 81 mgt-. tan Fnw5(351h•435*I16 DOC. N0. 1260654 52- nit°'• M'n"°.°'° - 8-3a3s Ir�NDSVRYRYM A5-eai N—tn orr�-eee-sew) 2NOCtl� T-111k R21,9.D2 2D1001UFDDA{yiT-VAGd.Y w11.wl.iYlldw.a�F11 BrnalJyn Pork, Allnn. 783-?8L-8366 Agreement °�"'�" "a SHINGLE GREEK � � i , PROOGAV.0 �CROSSING -nR Release and Termination CVUV7Y;U /.VJV of Declaration of �� ���; �X \� Covenants ( parking) ° --?s Doc. No. 1876646 9P. Rl-s r:ry �• A� rr u Parking conditions were P N previously met, overall t �L site parking j requirements contained in new PUD Agreement EXHIBIT � ham Office: 0001 E64t81onn FOwjw (35 )•sulta n6 AGREEMENT VACATION (SUND DOC. NO. 1876646 eloorninpton, Mi-Lo s5+2D-3+35 A4ND A52-69I-2455(Foes 062-9El-0596) 1.100 r_I I6,"1.9.02 SUM North ice: ?D106W[DD6-ElMT-VAGdy www/.wnd.•oom 9nwkJyn Pork, Minn. 763-764-0346 03/21,:9011 ML3 SHINGLE CREEK CROSSING Release and Termination of Findings of Fact Document and Release of Receipt of Deposit (Brookdale mall condemnation proceedings for Bass Lake Road Regional Trail and Streetscape Project easements) Doc. No. 4702186 and 4702185 New right-of-way dedicated on plat, new easements granted , deposit of $ 133,800 to be returned to City SHINGLE CREEK CROSSING Easement Vacations Requested Council Action : • Motion to adopt Resolution Terminations are contingent upon : 1. Release and filin g of Final Plat 2. Execution and filing o f subdivision agreement Item 10a. Release and Termination of Agreements Regular City Council Meeting: May 23, 2011 City Council Agenda Item No. 10b a COUNCIL ITEM MEMORANDUM DATE: May 17, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer S� SUBJECT: Resolution Approving Final Plat for SHINGLE CREEK CROSSING Recommendation: It is recommended that the City Council consider approval of the Resolution Approving Final Plat for SHINGLE CREEK CROSSING. Background: The Brooklyn Center City Council considered the Preliminary Plan based upon certain conditions (see attached conditions of approval - Planning Commission Resolution No. 2011 -06) earlier this evening. The attached final plat for SHINGLE CREEK CROSSING was developed by Loren Van Der Slik (for Gatlin Development Company) and would combine and subdivide the following existing properties: City's EDA parcel in the southeast quadrant of Shingle Creek Parkway and County Road 10, Kohls, AppleBees, Midas and the Brookdale mall parcels (excluding Sears). This new plat would form 19 new, independent parcels with a common outlot. The developer is now seeking final plat approval from the City Council. The conditions set forth in the attached resolution are based on the following: staff review, the City Attorney's review of an updated Torrens Certificate provided by the applicant (within past 30 days), conditions as previously recommended by the Planning Commission and any conditions established by Hennepin County for recording of the plat documents. Budget Issues: The applicant has paid a final plat application fee of $125. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT FOR SHINGLE CREEK CROSSING WHEREAS, the Planning Commission has recommended approval for the plat for SHINGLE CREEK CROSSING based on certain conditions as set forth in the Planning Commission Resolution No. 2011 -06; and WHEREAS, Loren Van Der Slik (for Gatlin Development Company) has applied for approval of the final plat for SHINGLE CREEK CROSSING as required by City Code. WHEREAS, under the final plat of SHINGLE CREEK CROSSING, the properties are proposed to combine and subdivide those parts of Tracts I, J, K and L, Registered Land Survey Number 936, Hennepin County, Minnesota; Tracts D and E, Registered Land Survey Number 1430, Hennepin County, Minnesota; Tracts A, C, D and E, Registered Land Survey Number 1469, Hennepin County, Minnesota; Tracts A, B and C, Registered Land Survey Number 1614, Hennepin County, Minnesota; Tracts B and C, Registered Land Survey Number 1710, Hennepin County, Minnesota; Tracts A and B, registered Land Survey Number 1766, Hennepin County, Minnesota; Tract A, registered Land Survey Number 1649, Hennepin County, Minnesota; and said parcel that the City of Brooklyn Center, a Municipal Corporation, is owner and proprietor described as the following property situated in the County of Hennepin, State of Minnesota to wit: Tract A, registered Land Survey Number 1430, Hennepin County, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized to execute the Final Plat of SHINGLE CREEK CROSSING in the name of the City of Brooklyn Center, subj ect to the following conditions: 1. The final plat for SHINGLE CREEK CROSSING is hereby approved. 2. Conditions as previously recommended by the Planning Commission Resolution No. 2011 -06 and/or as revised and amended by City Council actions taken on said development's PUD Plan and Preliminary Plan approval. 3. Evidence of title satisfactory to the City Attorney and City Engineer. 4. Any other conditions as established by Hennepin County for recording of said Final Plat. RESOLUTION NO. i May 23, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i SHINGLE CREEK CROSSING R.T. Doc. No. • KNOW ALL MEN BY THESE PRESENTS: That _____ _._____ —, owner and proprietor of the following described property situated in the County of I. Mark S. Hanson, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Hennepin, State of Minnesota, to wit: Minnesota; that this plat is a correct representation of the boundary survey, that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have been, or will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Tracts I, J, K and L, Registered Land Survey No. 936, Hennepin County, Minnesota. Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. And Dated this day of __________ __ _ _ _. 20___. Tracts D and E, Registered land Survey No. 1430, Hennepin County, Minnesota. And Mark S. Hanson, Licensed Land Surveyor Tract A, C, D and E, Registered Land Survey No. 1469, Hennepin County, Minnesota. Minnesota License No. 15480 And STATE OF MINNESOTA Tracts A. Band C, Registered Land Survey No. 1614, Hennepin County, Minnesota. COUNTY OF HENNEPIN And This instrument was acknowledged before me on this —____ day of ________ --- _____- 20_ by Mark S. Hanson. Tract A, Registered Land Survey No. 1649, Hennepin County, Minnesota. And ---- --- -- -- --- - -- -- ---- -- Notary Public, _______ —__ County, Minnesota Expires Commission Exp _ Tracts B and C, Registered Land Survey No. 1710, Hennepin County, Minnesota My "- -- - -- And Tracts A and B, Registered Land Survey No. 1766, Hennepin County, Minnesota. BROOKLYN CENTER, MINNESOTA And that the City of Brooklyn Center, a Minnesota municipal corporation, owner and proprietor of the following described property situated in the County of This plat of SHINGLE CREEK CROSSING was approved and accepted by the City Council of Brooklyn Center, Minnesota, at a regular meeting thereof held this Hennepin, State of Minnesota, to wit: ______ day of ______ , 20___ If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as Tract A, Registered land Survey No. 1430, Hennepin County, Minnesota. provided by Minn. Statutes, Section 505.03. Subd. 2. Have caused the some to be surveyed and platted as SHINGLE CREEK CROSSING and do hereby donate and dedicate to the public, for public use forever, the public ways and the drainage and utility easements as shown on said plat. CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA In witness whereof said _ --- ____.-- ________ has caused these presents to be signed by its proper officer this _____ day of 20__— _. BY: _ ___Mayor BY: ________ __________________.__Manager • --------------------- TAXPAYER SERVICES DEPARTMENT, Hennepin County, Minnesota SIGNED: _ _ its ---------------- I hereby certify that taxes payable in 20___ and prior years have been paid for !and described on this Plat, dated this day of ______________- STATE OF MINNESOTA 20___. COUNTY OF The foregoing instrument was acknowledged before me this _____ day of 20_ —_, by __ _____ the Jill L. Alverson, Hennepin County Auditor BY: ------------------------------ Deputy — ____ ________ ___ _ _— of said ----------------------- on behalf of said -------________ - -- SURVEY DIVISION, Hennepin County, Minnesota County, Minnesota My Commission Expires — ______ _ —_ -- Pursuant to Minnesota Statutes, Sec. 3838.565 (1969), this plat has been approved this _____ day of _____________ _ _, 20__._. In witness whereof said the City of Brooklyn Center, a Minnesota municipal corporation, has caused these presents to be signed by its proper officer this _____ day of _______— 20___ William P. Brown, Hennepin County Surveyor BY:__ ________________ _______________ City of Brooklyn Center REGISTRAR OF TITLES, Hennepin County, Minnesota SIGNED:_______________ _________ its I hereby certify that the within plat of SHINGLE CREEK CROSSING was filed in this office this ____ day of __ 20___ at ___ - - -- o'clock - -.M. STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this _____ day of _ _____, 20___, by ________________________ the Michael H. Cunniff, Registrar of Titles BY:________ ----------- .___Deputy _— ______— . —.—___ of said City of Brooklyn Center, a Minnesota municipal corporation, on behalf of said corporation. Notary Public, ______ County Minnesota My Commission Expires __`__— _________ • JI SUNDE SHEET 1 OF 2 SHEETS _ / L - SHINGLE �BSS�sas•� ;h G �� SEE DETAI S c [.c _ S89 4354 E --> -� ( __ -� R.T. DOC. NO. s ? BASS L KE RD. / 3 n ,e9 to 3��Sj (CO. RD. NO l0) N84 ° 33 ;; -- - /0049 Vic ( %)�; 5R F ' '27 "E GS"* IAA E RC -'O I Cvii, "v iii RCAOi ," SO4 ° 04'27 "W r � v l CREEK 1 - o /'l3E F = ;; AJ i' /005/ C6RG =SI1 °19'26 "E BASS LAKE RD. - '57.17 0 '• NOB. p 4E ` _ 589 E , / -SA 5 �$ A \ °� S894354'E J G R =163.84 L ° 1 ! 20.67 \ 's5 S8/ 2 150.00, ° 4354'£ ,/09/.07.\. - (CO. RD. NO lO) 358'£ 40.28 _ A _ 25 5.55' _ S32 °492/"W S65 ° 26'52 E o / ���'! 1 °E ''G38 L4/ L T 42 , _ /�� i •A \6;1\ ••� L /09 L////4 I I 7 _ . L /Z6 ••.` L/27 �^ L/19 - - ( _ /00.00 - - k o - 40 E,67 r � i �1k$ \� 5 1 'o��s o �, \h _ _ __ I 1 ,, � L - /23 - J_'__ - w , L125 0 ' ----- X10- L -78.09 R -2 24.79 / V ROSS /NG ;� N62 6 3� / a L= 7o.o2R =14aoo v 12 i � " nIH; v -° �/ ° 35'02" C 78.08 /' Ig 'r -DRAINAGE & h _ u` }o- - 6 2B 39 C � ., � _ CBRG. -N3352 ° 'E I UTILITY E EMENT r /' ! rF 1r �i GBR =538 45'//'E 1 G - o ' � 34.46 - -- " _ ' 9 4 54 "W o 0 i k L5 8 9 L o 6 Q u °' o •'A �- 250 58 L- �vG �`� °� °NN ° !� ti o` A ,,fo7. L,� ' L,o ` 'G� _� ?s. e O C K c �nrc��� < r �� C2 [/ c .-° �- "r,:vv o =n r �7�,- 1 t.5 � - 0 2:l,� 01� uo4 /oz •' 03; I I( %, �; u, 94Lga 2 " e `�• F� �i Ia y I I� o �'` �Oa �' X7 2 • 0 /0•��` f, s ° I $ � F'K �' 4 9 � 0 fF60/ N \�� _° a+o ` 4 /0 14 //� �l��o 15 r 6 6 ► \ y /. C .�.• L9 WK3yW rn °' x/5•/9'4/" L5 �• - -\ 0J�. U71 IN ° __ #, _ F ,�' \ \\ F�, <y �a� �Q /' L55 ` \� ,°j� I I'- vT ' 543 1'26 "E �'\ /' /n [ 107,31 ei I-; I IJwL '3F �- \ \',` / •=-- I 0 �� a5 LI U12 U o, L3 R -51300 A I w e k n, L 19'10'43" m o ` '(� ,.�. C--17.106 ..' o I' \ �'a 0 ✓ GCO •\ `' `L31 ,'" \ \ CBRG =S8 /' /5 °iz "µ, L= 43.94 -. k 4 a y > \ \ =� 0 r I I �� I ° L O C K \ '� \\ n loi W 16 a (e�� ��r / \\ - DRAINAGE n /' / '� -= - -& UTILITY L •t' 1 \\ EASEMENT _ \ \ v\ � 161 \ry "off °° Y � 4 '•, / LINE TABLE LINE TABLE Ell v " \ LINE LENGTH BEARING LINE LENGTH BEARING h' \ \ 6 g``-�' y 0'T 1 / ( iv LI 48.29 N24 ° 33'08 ° E L70 70.34 S53 ° 41'02 "W R �. ^ ,v j,A � • \d\\ O ) '1 b 00.4 4i 4• N � L 281.44 N24 ° 33'08 "E L71 36.49 N27 ° 3 6 9'02 "W " Z \\' k, p �,o , i!� L3 181 N24 ° 33'08 "E L72 692.01 561 ° 44'23 "W .Ry , j , h' x' 0.6 0 / L4 18381 N24 ° 33'08 "E L73 101.29 N44 ° 36'32 "W ' / p 1'7 p,G ihn . i °`� , \ pP \� ` Ol 0 g _ LS 38.75 N62 10'47 "E L74 37.15 586 ° 31'06 "W Y� o\ �ry h 0 Ci L6 15257 N62 ° 10'47 "E L75 135.86 N27 ° 41'35 "W 150 0 150 300 . DRAINAGE \ \ 'Y", 1 kQ A ( O l� ., - +(��\ \''�\ / ~ 'h L7 250.21 527 ° 49' 13 "E L76 90.90 N38 ° 48'38 "E & UTILITY 0 L8 306.00 562 ° 10'47 "W L77 552.37 N27 °39'02 "W \/ 4. / v 5 /' V - EASEMENT L /9 "`� • �� o S '; •� 1 S ` �. (Y SCALE IN FEET ,rJ \ \ " ^" " \ \ PT �q`L j -/ I J /{ LIO 113.09 192.91 562 ° 10'47 "W L78 404.25 N27 ° 39'02 "W ; ^ / / ,,./ y 562 ° 10'47 "W V` L79 I48.12 N27 ° 39'02 "W 2 L� ^•i50v �Qj n J I 1 0� / gt / LII 89.37 562 ° 10'47 "W LBO 229.53 N62 ° 20'58 "E ooh // 0 f / �o / V L12 216.63 62 0 ,47 47 ., L81 203.57 572 °03'33 "E L13 129.83 S65 °26'52 "E L82 128.71 N62 °20'58 "E Al) \ / \ 1 01 g9 �b / / r ` L14 117.45 S14 ° 38'03 "E L83 114.74 N62 ° 20'58 "E 1 E\a I �`7.O / ' �r LIS 0 135.00 S65 ° 26'52 "E L84 13,97 N62 ° 20'58 "E DENOTES IRON MONUMENT SET, cC W' ,� �, QQ - / / X16 LI6 28L44 S24 ° 33'08 "W L85 146,19 S27 ° 39'02 "E O rn 1 °0 5Q' L74 / p t y "�° L17 135.00 N65 ° 26'52 "W L86 2.47 N62 ° 20'58 ° E MARKED WITH RLS 15480 C�' N 1 2ro 22056 \ _ - p J I ` {A� L18 159.00 N27 ° 39'02 "W L87 197.29 527 ° 39'02 "E • DENOTES IRON MONUMENT FOUND, & S6 L26 `� s, - /� I ,.` LID 18.00 N27 °39'02 "W L88 37.15 S16 °04'06 "E • { >, EASEMENT ; _ _- 'L (jPJ ,.� /' ` I J ' `+ - L20 0.97 N62 ° 20'58 "E L89 267.35 S53 ° 44'27 "W MARKED WITH RLS 15480, UNLESS �� ; ^„ M1 h� /� / 13 OTHERWISE SHOWN. .� ,y �,, g9 ,58 L21 112.65 N27 ° 39'02' L90 25.79 N51 ° 1204 "W 6 - f'('� , �/� i/ / l k0 /' I L22 171.29 N62 ° 20'58 "E L91 16.94 N07'18'1 "W Fn n 1 h mob\ CURVE TABLE n 86.95 N62 ° 20'58 "E L92 101.75 N19 ° 49'24 "W L23 '. ° K' ° y 6 �� oo '•r `�'" \ 5 /' FOR THE PURPOSES OF THIS PLAT, THE CURVE RADIUS_ LENGTH DELTA CHORD BEARING L24 84.33 N62 ° 20'58 "E L93 223.04 N25 ° 54'18 "W n] mo o, n 26 i h ' „ r [ CI 348.70 118.35 19 ° 26'49" 117.79 N77 ° 48'58 "E WEST LINE OF SECTION 3, TOWNSHIP 118, " 'S `\ �/ g5. ° ' " ° ' " L25 491.22 S27 °39'02 "E L94 22.65 N25 °54'18 "W RANGE 21 AND THE EAST LINE OF L7 10 ti \re S / �° '1 J /' C2 348.70 54,77 8 5955 54.71 N83 0225 E /�/ L26 189.26 562 °20'58 "W L95 104.90 N22 ° 27'28 "W SECTION 2, TOWNSHIP 118, RANGE 21 ]> ~ ?y 26� Ji ( C3 348.70 63.59 10 ° 26'54" 63.50 N73 °19'00 "E L27 333.43 � 1 vo "iN DRAINAGE 2 e F 348.70 7,71 7,71 219.57 N27 °39'0211W L96 93.83 N17 "W IS ASSUMED TO HAVE A BEARING OF a �' C4 I °15'59" N68 °43'33 °E g L97 78.74 N08 °31'33 "W & UTILITY - • = = \o S " - _ _ j /� 1g p� L28 N01 ° 06'35' E. ��� L v "�' V �� EASEMENT k• v 6 C5 163.84 120.67 42 ° 11'57" 117,96 NII "W , �p 5k Q 5 I L29 413,17 N27 ° 39'02 "W L98 254.50 S27 ° 04'09 "E C' oo / 0 /� k �✓ C6 499.33 57.23 6 ° 34'01" 57.20 N29 ° 08'24 "W L30 158.14 \ y 0 527 ° 49'13 "E L99 196.03 564 ° 37'23 "W C7 109.33 40,47 21 ° 12'27" 40.24 N09 "W L31 363.59 N71 ° 34'51 "E L100 155,36 N27 ° 39'02 "W •� - :_ " C8 125.00 63.10 28 ° 55'15" 62.43 N24 ° 1948 E AVE W3 - Q- /" L32 84,89 N71 ° 34'51 "E L101 53.86 N74 ° 53'58 "W C] °✓L L33 278,70 N71 ° 34'51 "E L102 358.24 N87 ° 16'39 "W `5$ L34 452.17 N27 ° 49'13 "W L103 136.87 N87 k0 168.6/ L35 43.49 N27 ° 49'13 "W L104 221.37 N87 ° 16'39 "W N89 ° 56' 24 W L36 53452 N 7 ° 4 'I "W L105 205.96 N 7 ° 16'3 " 2 9 3 8 9 W L37 355.16 N27 ° 49'13 "W L106 116,04 N87 ° 16'39 "W ct� 25.00 r n, L38 49.72 N08 ° 10'04 "E L107 36.24 N87 ° 16'39 "W CJ N36 ° 19'02 "W -- L39 34.65 NOS °10'04 "E 91.98 S54 °07'28 "W L108 LI09 167.66 S89 °43'54 "E N53 E L40 449.38 S89 °43'54 "E -_ ,r�� er .� P� 0 °� / / ,e; / 7 6 � , 1­41 133 .68 589 ° 43'54 "E L110 100.49 N84 °33' 7" 201'66 ••� . S 01 p C,`J .+cC -" I n r n 'r,n Aln L42 252,03 589 ° 43'54 "E LIII 59,03 N84 ° 33'27 "E 1 k0 J a` ,3- 1 Ro. lCO. RD. A L43 63,67 S89 °43'54 "E L112 41.47 N84 °33'27 "E N52 ° 5735£ _ _ _ __ �t,:;C,' ; 55� c 'J�' L44 22.60 S48 20J. L 114 387.86 S89 °43'54 "E E L113 224.97 SOO °16'06 20 "W Tv 3. 45 BASS LAKE RD. BA 15 ` r o Q _ SS LAX£ RD. L45 4,11 S48 °09'31 " lO) k (ca RO. NO /0) L46 252.37 S03 08'13 E LI IS 74.68 N89 ° 43'54 "W \�J A�5 L47 117.18 558'39'46"W DIS 203.32 N89 ° 43'54 "W S89 4334'£ L� g \ h 589 4354E v L48 86.16 S36 ° 32'33 "E L117 109,87 589 ° 43'54 "E 150.00 58gk ,i 150.00 L49 168.25 553 ° 03'27 "E L118 234.06 500 ° 16'06 "W LI 19 99.631 0 - L50 9.84 -{ S L51 158.41 E �'. CJ r +Fr 0 _ �• A.0 553 °03'27 "E L120 39,27 507 °31'58 "E /j /j- 9 1 ZOQ Q� •� T L42 t`\ ° ��S> R\ �\ LIOB -T 553 "E S49 ° 45'00 "E (3\ \ Lj kk7 .q a M S 6• Y [ o L52 350.00 558 °39'46 "W L121 112.82 506 °24'10 "E G*, \ \�y1 - J ,' ! S i �n �1� \� Q 1 3 0 t - L53 46.98 530 18' 14 "E L122 37.36 544 ° 43'53 "E 113 y�\� R 011 - (. °J Og g ��P L54 160.44 563 ° 44'00 "W L123 100.74 589 ° 16,0 4 "E SPIRAL CURVE DATA DRAINAGE & - 6 \�P EP L55 148.69 N89 ° 04'26 "W L124 37.36 N45 ° 16'06 E �`-' - ( 004 PER DOC. NO. 453459 � UTILITY EASEMENT _ h� > _\.y �� \ �\ 1y 11 L56 19,56 N48 ° 41'40' L125 651.29 589 ° 43'54 "E a �o G• •0 0 aq . 9 k�5' _ ^vT `•� �, - SO/ "0635 ` - TEN CHORD SPIRAL CURVE # ,'�\ \ ! _ L =70.02 R= 140.00 L57 134.55 N48 ° 4C4WE L125 123.83 S89 ° 43'54 "E �( OF DEC,REA57NG RADIUS= L58 22.60 N48 °41'40' L127 527.46 589 °43'54 "E 200.00 FEET (SPIRAL ANGLE 200) 8 C �, C.BRG= 538'45'// E L59 337,79 S53 ° 04'51 "E L128 103.51 S81 ° 23'58 "E 152 N847742 W v �` L= 139.07 " \ ORP \0?1GEp E MENt N L60 215.56 553 ° 04'51 ° E L129 152.14 581 ° 23'58 "E ` 2 ° 0000" CIRCULAR CURVE o' _ BROOKLYN BLVD 344 V. -- - - - - =- R= 276 4.76 9 c5a'= OTC L6i 22,23 553 ° 04'51 "E L130 312.04 N27 ° 27'56 "W -- 80 DELT ANGLE �:' < L62 305,92 S27 ° 39'02 "E L131 238.13 N26 ° 43'04 "W .70 80.30 FEET /N LENGTH < s CO. RD. NO. `-" �2 5235" sa > o U 3O I NB8 ° 27'39 W =' - C= /39.06 ��' ! s�� 0 1 L63 136,51 HEMS L132 51.36 S89 °43'54 "E CBRG. =548 °53'43 "W V( L64 169,42 527 ° 39'02 "E L 133 55.77 510 ° 39'32 "E z £j \r t\ "J _ L BLOCK ` 1 s, L65 227,22 530 ° 35'22 "E L134 67.58 N53 ° 44'27 "E `( L66 200.60 S27 ° 39'02 "E L135 59.01 N55 ° 54'42' • ° m `(1 > " r s3 6E n ° 10 ` in 1 L68 33981 S53 ° 4102 W U37 96.02 N59 ° 49'24 "W e N I L69 1 136,20 553 ° 41'02 "W L138 72.54 N26 ° 48'37 "W SE CORNER OF 5k '23 "W i S8827;39'E STATE - s 3, T. /l8, R 214, L139 53.26 N25 ° 51 r - SW CORNER OF DETAIL - -H /GHWAY s z z //s, R 2/ � NQ /00 HENNN£P /N COUNTY CAST 1*27a /RON MONUMENT NOT TO SCALE JI SUND E N88 2759 "W , 139.70 5352138 "W LAND SURVEYING SHEET 2 OF 2 SHEETS ICI a SHINGLE CREEK CROSSING QTUVWRcBB"rCOAPANY qD SHINGLE C CPOSSIN Item 10b. Final Plat Regular City Council Meeting: May 23, 2011 SHINGLE CREEK CROSSING Final Plat developed in consideration of: • PUD • Preliminary Plan (Site Plan and Preliminary Plat) • Vacation of existing easements, release and termination of agreements, granting of separate easements and dedication of right-of-way/easements on plat • Development Agreement JIF District 5) • Future Subdivision Agreement I II SHINGLE CREEK CROSSING Final Plat (Sheet 1 of 2) 5H/NGLE CREEK CRO55ING R.T. DOC. NO. IXESE NK3xis: loot ..na me««Ntw.I Ue M1o.Np tleevlEe0 p.poly Nlu.1N N IM eeunlT el x ee n.my mulY U.l Ui+ �.I« r mee E me v,unan my Uat am a eu y Lic.ISea L a surrvrw n I s State -- °M1:pEervnae.y Iced+1,e.x mIIt 1,w.qi..«Lana wso.. ®a 11.e.l..1 Id...rulkol.w.Nye.;�mF im.Ye m,mm ea.ma 1-b"` r..Mon.na Iwiw Nen m.I,Irrr wae, .d Tmcl.0 eM E.R«iererw Me Ib,I y N.I—M.rn.pn W t, m I, Axe Ymn.«ta 1.ene.—L.d s.Rl w Tmd N c.4 mm E.R.gNt..tl L.ea sm.er ne uaq,N.nn«N r y,4Nn«a.. 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CITY[OGICIL OF BROCNLYN fdiER.YIMNESOTA Nm.�m+n.«I sole nae<.uevtl I—.• le t.e. by pr.p..Ricer Ins }AtlrAYER SENVIG3 OEPApT4ENi,MwnRpN C.unl%YM.e.le 1 0--..4Fj U.t la«+payede N 10_mtl«kr swore now Eewr pdtl rw Ime 0.etrNetl en inq Pbl,tl.tetl lM1N_—tlpr xo_ wuxlr al__ ITITE 01­1T* C—tY—bb BT:_ —--tY Sw Y OMBION,x.m«N count%YMe«tb v mmPidYa'E.p1r« `�®•• Pa..w�l m Yn..nte scowl..s.e­t (­q mN.cot ne+M..w...InN_e.r. 10_. M1. 13 O0.n I—wII.,.u.ne+aln m„<p.<wp rM,n.,.m,.ee Lw+.x.a n.Npnee b,1.«w.al,.. ease � 0� wYO. Ca Y W GIs.tlr In I. KGSiwAp OF 11TLE5.Xrnepen c.un1Y.4M®.l. <bly t IM 0U dat.r SxiNGE GIEEx GIOSBING.ae nee n X..—fl. .o.—.1 Tip. BY •w rum.I vkeyee EeM.m.In IM YM«.l.munkpd cop 11m,m E�NdI.I+..empvalM. y Pudk. C.nl% YMeMa 4y CemmNYan EyY00 11 SUNDE 9!-,-.SN6f1S SHINGLE CREEK CROSSING Final Plat (Sheet 2 of 2) I L SHINGLE SEE DETAIL 6m0:-!., R.T. DOC. NO. (M RD. W4V4,g". A---t'--OZZCr R=Na M) mm ARR *AW LANE AV (M RIO RIO,10) A, CREEK CROSSING "T, OCK 2 f 4b 7 I!.Ila$ A, �4 a L 0 c LINE TA LINE T LF R.'S NO I I. TO 11, 1 1 -R L% 0 L. Of RR 0 A, 11 ITT IN U. -cm I a . D., -mg _013 .469 14 AA-- 'N, DEWTES��r L17 LN LS 14,01 L'. I., .A.- =--V -Tff- 15Z FAA- L. L2, L. 2-.11-111-1 EuuE,n C.VE TALE SAARHS R FOR THE­5 OF THIS-1. 112 194 I� LINE OF _ON 3 T-1 111 US ME.21�THE EAST 77- m o "0 SIOTAIN 1,I-S.,".."OF 1. -10 "1;11 -2. 21- -14 RAN"1. No ss IS ASSIAIE TO HIVE A BEARRIG OF H- _a_ TUB I I,,RR 12.1 11- E SLU 11 .-AR... %dD 2 1 41 OR 115. SRI R. L 611 -21-111"1 197..11- 6 1 1.1151 111*11 LIOR 111. -I:�iN �L _J624 AIN-1.1L 'L I lor=4 RA ,L �2, L121 IT, A Ij1_4 Il LI. RR_g •_j. _Fg. t,!L 71 rr 2 1-07 A' IR 8 L132 -3- 111. 132) LRS c--w LI If OCK LI Z:?1, �X.,.cp I I.", wi- it LI , '01- I M-11i 5!iM U -2 SMF A A I AIL NOW AM Ad NOT TO JISUNDE IRS. - 21. s"wv LAND SURVEYJNG .mat t or a.seals SHINGLE CREEK CROSSING Easement Vacations Requested Council Action : • Motion to adopt Resolution Subject to the following: 1. Approval of Final Plat 2. Conditions of Preliminary Plan approval 3. Evidence of title 4. Hennepin County Recorder conditions Item 10b. Final Plat Regular City Council Meeting: May 23, 2011 City Council Agenda Item No. 10c s • COUNCIL ITEM MEMORANDUM DATE: May 17, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Authorizing Acquisition of Easements for Shingle Creek Crossing Recommendation: It is recommended that the City Council consider approval of a resolution authorizing acquisition of easements for Shingle Creek Crossing. Background: As part of the SHINGLE CREEK CROSSING Final Plat, certain easements are needed that must be dedicated separately from the plat and will be recorded in standalone documents. A ermanent easement is needed to replace the existing easement that contains existing public p p g sidewalk, regional trail, landscaping and streetscaping along the east side of Xerxes Avenue. The existing easement is being vacated under separate action as part of the "house cleaning" element with the replatting of this property (see attached easement document and exhibit). A permanent easement is needed for the proposed trail that will be located along the south side of the southern access road and the west side of the access road located east of the proposed partially daylighted portion of Shingle Creek (see attached easement document and exhibit). A temporary easement is needed for a section of existing trail /sidewalk located along the east side of the access road located east of the proposed partially daylighted portion of Shingle Creek that will be replaced with the proposed public trail located on the west side of said access road. A temporary easement is needed for a section of sanitary sewer that is proposed to be located to bridge the gap of time between the relocation of this section of this sanitary sewer and the time when the final plat will be released, which will contain a new easement for this section of sewer. See attached easement documents and exhibits for these temporary easements. The City Attorney has reviewed all easement documents and concurs to the purpose and form of the easements. Budget Issues: All easements are being dedicated at no cost to the City of Brooklyn Center. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans 5. We will continue to maintain and upgrade City infrastructure improvements Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anti preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION • SOL U ON NO. RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR SHINGLE CREEK CROSSING WHEREAS, the Planning Commission has recommended approval for the plat for SHINGLE CREEK CROSSING based on certain conditions as set forth in the Planning Commission Resolution No. 2011 -06; and WHEREAS, certain easements must be dedicated through separate recorded documents in lieu of being dedicated on the plat; and WHEREAS, a perpetual public easement is needed for the existing public trail, sidewalk, landscape and streetscape elements along the east side of Xerxes Avenue North within the plat of SHINGLE CREEK CROSSING; and WHEREAS, a perpetual public easement is needed for the proposed public trail along the south side of the southern access road and the west side of the access road located east of the proposed partially daylighted portion of Shingle Creek within the plat of SHINGLE CREEK CROSSINGS; and WHEREAS, a temporary public easement is needed for the existing public trail along the east side of the access road located east of the ro osed partially da li hted portion of Shingle p A p Y Y g p g Creek within the plat of SHINGLE CREEK CROSSINGS, until which time the replacement trail on the west side is constructed and completed; and WHEREAS, a temporary public easement is needed for the existing 18 -inch sanitary sewer and force main contained within existing easement Document No. 964588 that is within the plat of SHIGLE CREEK CROSSINGS, until which time the new replacement sanitary sewer is relocated and completed; and WHEREAS, the City Attorney has reviewed easement documents for said perpetual and temporary c ies that are attached hereto; and p ry op , WHEREAS, the developer has agreed to dedicate said easements at no cost to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The Mayor and City Manager are hereby authorized to execute perpetual and temporary easements that will be dedicated to the City located within the plat of SHINGLE CREEK CROSSING in the name of the City of Brooklyn Center. • 2. The temporary trail easement will only be terminated upon construction, completion and acceptance by the City of Brooklyn Center of work for said proposed replacement trail and recording of a permanent trail easement for said proposed replacement trail. 3. The temporary sanitary sewer easement will only be terminated u p ary sa t y y on p construction, completion and acceptance of work by the City of Brooklyn Center of the new proposed replacement sanitary sewer line, and upon the release and filing of the final plat of SHINGLE CREEK CROSSING with respective easement dedicated for said replacement sanitary sewer line. May 23, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 0 i " I COUNTY RD NO 10 / LAKE ROAD ' - -- - — C OUNTY -- - -- �- --- - --- -- -- - - -- - - - -- -- - ---}gyp - --- -- - -- — --- - - Q.- - — D LOT 12, t OU TA \ ` ; _ LOT 11, i BLOCK 1 I LOT 13, �i ( ` 1 LOT 8 ' -�` BLOCK 1 ( BLOCK 1 i - - - - -- \ \, BLOCK 1 , LOT 9, `.` LOT 1, d BLOCK �\ I_ ` BLOCK n •/� LOT', e z BLOC 2 `\ •�/ - : = O - LOT 6, , \, O '�' LOT 10, \ a STATE LOT 15, BLOCK 1 4 E /HIGHWAY BLOCK I a LOT 7, /' \ ` / <[/ ; \ / LOT 1 ,' ! NO. 100 3 BLOCK 1 ,/' -/ ,�\ BLOCK 1 ; BLOCK 1, �, c _ f , /'' o o ^ Y+ LOT 5. `�� BLOCK; / ) . \ -�- ; ./� \ �� % ` LOT 17. LOT 16, �� �.... ` \ BLOCK 1 ` BLOCK 1 5 6T LdT i a Hq (iFN BLOCK 1 r - - ' \ ` LOT 1, ff BLOCK I �\ ► I \, w • - � "� � I � Vii. / ' ° LOT 3. o BLOCK 1 %, PROPOSED ! W PROPERTY LINE E LANDSCAPE ERSMENT (TO BE E RECORDED IN SEPERATE DOCUMENT) AND PUBLIC LOT 2, ! DRAINAGE & UTILITY EASEMENT BLOCK 1 01* - �a � i - NORTH o � � �L/L�I n - _ 0 120 240 W �// 2 % 1' � SCALE FEET Q. E % 0UTLOTA PROPOSED EASEMENT LEGEND I PUBLIC DRAINAGE & UTILITY EASEMENT Z z , z - - Ll w E 55TH AVENN - TRAIL AND LANDSCAPE EASEMENTS (TO BE O W - -- RECORDED PER SEPERATE DOCUMENT) U ° / /' Y R.O.W- DEDICATION W W C; W U } EXISTING PROPERTY LINE U W V / -, /' - - - - - PROPOSED PROPERTY LINE J O / Z W • 3 t 8 0 5 /18 /11 1 PROJECT NO E o - 160633001 SHEET NUMBER 0 (Sidewalk and Landscaping) EASEMENT This Easement is made as of , 2011, by GATLIN DEVELOPMENT CO., INC., a California corporation ( " Gatlin ") in favor of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the " City "). RECITALS WHEREAS, Gatlin is the fee owner of the real property described on Exhibit A and depicted on Exhibit B . each attached hereto (the " Easement Area "). WHEREAS, Gatlin desires to grant to the City certain easements over the Easement ® Area, on the terms and conditions contained herein. TERMS OF EASEMENTS 1. Grant of Easements For good and valuable consideration, receipt of which is acknowledged by Gatlin, Gatlin grants and conveys to the City a perpetual non - exclusive easement over the Easement Area for public landscape and streetscape, sidewalk, trail and related purposes subject to the terms and conditions hereof. 2. Scope of Easements The landscape and streetscape easements granted herein include the right of the City, its contractors, agents, and employees to enter the Easement Area at all reasonable times for the purpose of installing, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described Easement Area any of the following facilities and amenities: public sidewalk or trail way; bus bench/shelter; fence; retaining walls; litter receptacles; decorative landscaping features including planting beds, boulders, shrubs, trees, and other landscape improvements; and irrigation systems. The easements for sidewalk and trail uses granted herein includes the right of the City, its contractors, agents, and employees to locate, construct, operate, maintain, alter and repair public sidewalk and trail facilities within the Easement Area. The easements granted herein also include the right to cut, trim, or remove from the Easement Area any trees, shrubs, or other vegetation as in the City's judgment unreasonably interfere with the easement or improvements of the City. 3. Binding Effect The terms and conditions of this instrument shall run with the land and be binding on Gatlin, its successors and assigns. 38794180 IN WITNESS WHEREOF, Gatlin and the City have executed this Easement effective as of the date and year first above written. GATLIN: GATLIN DEVELOPMENT CO., INC., a California corporation By: Name: Title: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011, by the of GATLIN • DEVELOPMENT CO. INC., a California corporation, on behalf of said corporation. Notary Public SIGNATURE PAGE TO EASEMENT (Landscape and Sidewalk) r 38794180 CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Tim Willson Title: Mayor By: Name: Cornelius L. Boganey Title: Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011, by Tim Willson, the Mayor, and by Cornelius L. Boganey, the Manager, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public SIGNATURE PAGE TO EASEMENT (Landscape and Sidewalk) 3879418v3 EXHIBIT A Legal Description of Easement Area [See attached] • A -1 3879418v3 EASEMENT DESCRIPTION An easement over, under and across Lots 3 thru 6, inclusive, Block I, SHINGLE CREEK CROSSING, according to the recorded plat thereof, Hennepin County, Minnesota, lying westerly and northwesterly of a line described as commencing at the southwest corner of said Lot 3; thence on an assumed bearing of North 36 degrees 56 minutes 18 seconds East, along a southeast line of said Lot 3, a distance of 13.55 feet, to the point of beginning of the line to be described; thence North 10 degrees 36 minutes 02 seconds West a distance of 28.10 feet; thence North 79 degrees 23 minutes 58 seconds East a distance of 5.00 feet; thence North 10 degrees 36 minutes 02 seconds West a distance of 30.00 feet; thence South 79 degrees 23 minutes 58 seconds West a distance of 5.00 feet; thence North 10 degrees 36 minutes 02 seconds West a distance of 510.65 feet; thence northerly 172.52 feet, along a tangential curve, concave to the east, having a radius of 450.94 feet and a central angle of 21 degrees 55 minutes 12 seconds; thence South 78 degrees 40 minutes 50 seconds East, not tangent to said curve, a distance of 5.00 feet; thence northeasterly 27.24 feet, along a non — tangential curve, concave to the southeast, having a radius of 445.94 feet, a central angle of 03 degrees 30 minutes 00 seconds, a chord distance of 27.24 feet and a chord bearing of North 13 degrees 04 minutes 10 seconds East; thence North 75 degrees 10 minutes 50 seconds West, not tangent to said curve, a distance of 5.00 feet; thence northeasterly 76.60 feet, along a non — tangential curve, concave to the southeast, having a radius of 450.94 feet, a central angle of 09 degrees 43 minutes 58 seconds, a chord distance of 76.51 feet and a chord bearing of North 19 degrees 41 minutes 09 seconds East; thence North 24 degrees 33 minutes 08 seconds East, tangent to said curve, a distance of 694.15 feet to a northerly line of said Lot 6 and there terminating. I hereby certify that this sketch, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 16th day of May, 2011. SUNDE LAND SURVEYING, LLLC. By: - - -- — - - -- Mark S. Hanson, P.L.S. Minn. Lic. No. 15480 [ 0 j Revised into 2 sheets. MLS 05/16/2011 Q Removed "Proposed" from exhibit. MLS 05/13/2011 ss SUNDE Main Office: 9001 East Bloomington Freeway (35W) • Suite 118 Bloomington, Minnesota 55420 -3435 LAM nvIWG. 952-881-2455 Northo0ffice; 952-888-9526) www.sunde.com Brooklyn Park, Minn. 763 - 784 -9346 2010 -040 -E 912/06 T.118. R.21, s.02 Fi /e: 20 /0040E009— LA.dwg Sheet: Of '1 2010040E008- TRAILewg MLS a5 /il /2011 EXHIBIT B Depiction of Easement Area [See attached] • B -1 3879418v3 Al65 ° 2652 "W _ 1-- -- - ---- -- -- / /00.00 % - -- - - -- -- - - _ = o \ `1 \ cCJ A l- 0 �V f ` 3 N7 BRp, Ca ' ' ° tps p " Ntg'410g "et lry C3 9 .i I If N S7g'405p,,E Nt3 Q V L ' 17 2.52 c' BR G 5 NOp2, 47 - - -90 -- E C EASEMENT ' AREA 0 100 200 SCALE IN FEET cn z w om O rr N N f Dated this 16th day of May, 2011. a .4 SUNDE LAND SURVEYING, LLC. 0 0 \ B ---- serf? - ---- -------- 90 h� p6vy6� y Mark S. Hanson, P.L.S. Minn. Lic. No 15480 ?a, .4 y Ap" SppF 1 M�= A SE LINE OF LOT 3 Revised into 2 sheets. I MLS 05/16/2011 LAI Removed "Pro osed" from exhibit. MLS 05/13/2011 ^13.55 Main Office: SW CORNER OF LOT 3 S UNDE 9001 East Bloomington Freeway (350) • Suite 118 Bloomington, Minnesota 55420 -3435 �- 952 -881 -2455 (Fax: 952- 888 -9526) / r]i r DS North Office: MIT www.sunde.com Brooklyn Park, Minn. 763 - 784 -9346 A I V /f- / V . 2010 R.21. 902/06 n O r n n ! T.116, 5.21, 9.02 Sheet: 1 C MLS 05/11/2011 Fi /e: 20/0040E009- LA- R2.dwg G I TRAIL EASEMENT This Temporary Easement is made as of 2011, by GATLIN DEVELOPMENT CO., INC., a Delaware corporation ( " Gatlin ") in favor of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the " City "). RECITALS WHEREAS, Gatlin desires to grant to the City an easement for pedestrian and bicycle trailway purposes over the property described on Exhibit A and depicted on Exhibit B , each attached hereto and incorporated herein by reference (the " Easement Area "). TEMPORARY GRANT In consideration of the foregoing, Gatlin and the City agree as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 2: Gatlin hereby grants to City a permanent, non - exclusive easement over the Easement Area for the construction, use, maintenance and inspection of the City's pedestrian and bicycle trailway located or to be located therein. 3. Gatlin reserves and retains all other property rights in and to the Easement Area, including but not limited to, the right to utilize the same for landscaping, plantings and other similar purposes. This provision shall not authorize Gatlin to construct any improvement upon said Easement Area, without the consent of the City, which consent shall not be unreasonably with held, nor shall the City be liable for damages if any such improvement is constructed without its consent and must be removed in order for the City to exercise its rights under this easement grant. 4. The City shall, after the completion of any maintenance or repair work on said trailway, restore the grounds to the condition they were in prior to the commencement of said installation, maintenance, or repair work (including the replacement of any landscaping, curbing, or paving removed or damaged during the course of such work), and to remove from the 38872530 i Easement Area and surrounding land, all debris, soils and equipment resulting from or used in connection with such work. 5. The City shall not claim or declare any fee interest in and to the Easement Area, and in the event of eminent domain proceedings or settlement pursuant thereto, the City shall make no claim against the award or compensation accruing out of or resulting from such event, save and except any payment made to the City for damage to its trailway or with respect to removing or relocating the same. 6. The terms "Gatlin" and "City" wherever used in this instrument are intended in each instance to include the successors and assigns of Gatlin and the City. The City, without need for Gatlin's consent, shall have the right to assign the rights and obligations of the City as set forth herein to the Three Rivers Park District (the "Park District ") by the filing of an instrument executed by the City and the Park District in the Office of the Registrar of Titles of Hennepin County, Minnesota. 7. These easements are subject to existing access, drainage, and utility easements. 8. The City shall have reasonable right of ingress and egress to and from the Easement Area, for the purpose of installing and maintaining said trailway; provided, however, that the City will consult with Gatlin before performing any work which will interfere with the operation of the adjoining project being developed by Gatlin. [Remainder of page intentionally left blank; signature page follows.] 38872530 IN WITNESS WHEREOF, Gatlin and the City have executed this Trail Easement effective as of , 2011. GATLIN: GATLIN DEVELOPMENT CO., INC., a California corporation By: Name: Title: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on 2011, by , the of GATLIN DEVELOPMENT CO., INC., a California corporation, on behalf of said corporation. • Notary Public SIGNATURE PAGE TO TEMPORARY EASEMENT (Document No. 1504596) 38872530 CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Tim Willson Title: Mayor By: Name: Cornelius L. Boganey Title: Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011, by Tim • Willson, the Mayor, and by Cornelius L. Boganey, the Manager, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by: BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8 1h Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO TEMPORARY EASEMENT (Document No. 1504596) 3887253v3 PROPOSED TRAIL EASEMENT An I8 foot wide easement o under and across outlet A, SHINGLE CREEK CROSSING, according to the recorded plat thereof, Hennepin County, Minnesota, the centerline of said easement is described as commencing at the northeast corner of said Outlot A; thence on an assumed bearing of North 69 degrees 43 minutes 54 seconds West, along o north line of said Outlet A. a distance of 86.60 feet, to a corner of sold Outlot A; thence North 44 degrees 43 minutes 54 seconds West, along a north line of said Outlot A, a distance of 11.22 feet to the point of beginning of the center line to be described; thence South B degrees 37 minutes 27 seconds West a distance of 6.69 feet; thence southerly 127.44 feet, along a tangential curve, concave to the east, having a radius of 178.62 feet and a central angle of 40 degrees 52 minutes 46 seconds; thence South 32 degrees 15 minutes 19 seconds East, tangent to said c a distance of 261.40 feet; thence southeasterly 29,15 feet, along a tangential curve, concave to the southwest, having a radius of 265.58 feet and a central angle of 05 degrees 50 minutes 56 seconds; thence South 26 degrees 24 minutes 23 seconds East, tangent to said cu a distance of 141.08 feet; thence South 20 degrees 05 minutes 56 seconds East a distance of 97.15 feet; thence southerly 37.14 feet, along a tangential curve, concave to the west, having a radius of 86.00 feet and a central angle of 24 degrees 44 minutes 28 seconds; thence South 55 degrees 54 minutes 42 seconds East, not tangent to said curve, a distance of 42.74 feet, to an easterly line of said Outlot A and there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at sold north and easterly linen of Outlet A. Together with an easement over, under and across Lot 2, Block 2, SHINGLE CREEK CROSSING, according to the recorded plat thereof, Hennepin County, Minnesota, described as beginning at the most southerly corner of said Lot 2, Block 2; thence on an assumed bearing of North 51 degrees 12 minutes 04 seconds West, along a westerly line of sold Lot 2, Block 2, o distance of 25.79 feet to a corner of said Lot 2, Block 2; thence northeasterly a distance of 63.10 feet, along a non - tangential curve, concave to the northwest, having a radius of 125.00 feet, a central angle of 28 degrees 55 minutes 15 seconds, a chord distance of 62.43 feet and a chord bearing of North 24 degrees 19 minutes 48 seconds East; thence North 45 degrees 31 minutes 55 seconds East, not tangent to said curve, a distance of 10.35 feet; thence North 64 degrees D7 minutes 05 seconds East a distance of 23.13 feel: thence South 21 degrees 22 minutes 16 seconds East a distance of 54.73 feet to a south line of said Lot 2, Block 2; thence South 53 degrees 44 minutes 27 seconds West, along said south line, a distance of 66.67 feet to said most southerly corner of Lot 2, Block 2 and the point of beginning. Together with an easement over, under and across said Outlet A, SHINGLE CREEK CROSSING, according to the recorded plat thereof, Hennepin County, Minnesota, lying southeasterly of a line described as commencing at the most southerly corner of Lot 2, Block 2; thence on an assumed bearing of North 51 degrees 12 minutes 04 seconds West, along a westerly line of said Lot 2, Block 2, a distance of 25.79 feet to a corner of said Lot 2, Block 2 and the point of beginning of the line to be described; thence South 42 degrees 59 minutes 54 seconds West a distance of 42.71 feet to the northwesterly line of the southeasterly 17.00 feet of said Outlot A; thence South 53 degrees 40 minutes 5B seconds West, parallel with the southeasterly line of said Outlet A, a distance of 1488.40 feet to a west line of said Outlot A and said line there terminating. I hereby certify that this sketch, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 18th day of May, 2011. SUNDE LAND SURVEYING, LLC. B Y ---- -d-1 , -_----- Mark S. Hanson, P.L.S. Minn. Lic. No. 15480 Note: Said Plot of SHINGLE CREEK CROSSING has not been recorded as of April 28, 2011. �z Revised to 2 pages. MLS 05/18/2011 �i Added easement hatch. MLS 05/13/2011 ( SUNDE Main Office: 9001 East Bloomington Freeway (35W) - Suite 118 Bloomington, Minnesota 55420 -3435 LAND SURVEYING 952 -881 -2455 (Fax: 952 -888 -9526) North Office: 2010-040 -E 912/06 T.II8, R.21, S.02 2010040E00e- TRAIL.dwg MLS 04/28/2DI1 L www.munde.com Brooklyn Park, Minn. 763 - 784 -9346 EXHIBIT B Depiction of Easement Area [See attached.] B -1 3887253v3 R2'.54V 7796 AOO L 4292 `•tA _ a. v /00.49 t + I 1!� k�' N84'3J'27'E �i+aa .Al(,' R0,40 i ^v v, "r'ii Rv-AC SO4 0427 ° W - 584'0/'/3 E �,f ^ 4 : -i" 100.51 N44'43'54 "W %. - A NORTH LINE OF OUTLOT A BASS LAK£ RD. '57, /7 SB9'RT'S4 E I �0 ►� 589.4354E 11.22 '` - (C0. RD. NO lOJ S By 2 358 /5 " 40,28 / P ; a g .� 0.00 SB�'4354'E /09/.07 :' 2 E .a °.o, i ��� - .. 5 . 565 7 S32 492/ "W M 'I I --NE CORNE OF OUTLOT A S08'3T27 "W I - 'f - - •_efiso % �:' L =78.09 R =2 14.79 - " �` 6.69 • j`, �;' 9 N89'43'54 "W ;; ;,, • 4=l 35'O2" L'. 7808 % -�6 GBRG, =N33° 51'E N89 4 354 "W 0=40'52'48" LiJ. •%+ 250.58 R- 178.62- / L =127.44 I sW� C7 0 v K 2 ; / � 9e P ► i� X `y /' / D 200 400 '� I {'• PROPOSED ;. p�p�M1p�'` `e�V �0 I s' TRAIL � I 7 v ti• i I yti �( SCALE IN FEET EASEMENT ol �, ^ I \y. I �,I µotigd`'by :'oa i` r gt,p03a05 �'�.. ' +r• +/' I p .A J .y - 1` a a4 a p1 � +59er ry J + +/' � I �5.:' - -- ° o?3`y�z 2 � yry C? ,. v �. K , '�' , " I •,I ,.. - - = .- .66.6 1p I � I J ,• - - 1 __1 F;�,y S :' 4E..= -" _ . ... �a S544'2J "W� �� j I I" 4 I I PN�E pt P 5 a2� ',+ Oaa s U � ✓/ / 5 / y$✓ Dated this 18th day of May, 2011. SUNDE LAND SURVEYING, LLC. � r - -1_- „� /� I I I / Nr Cj+ Mark S. Hanson, P.L.S. Minn. Lic. No. 15480 , , J Note: Said Plat of SHINGLE CREEK CROSSING has not been recorded as of April 26, 2011. o� t 9 01 X0 %1 +> r Revised to 2 pages. MLS 05/18/2011 00 j 55y J Q Added easement hatch. MLS 05/13/2011 c (�l r7�TT �l Main Office: / hyJ / \ J U lm ♦ /L l/J7 9001 East Bloomington Freeway 35 -Suite IIB 9 Bloomfn ton, Minnesota 55420 -3435 LAND SURVEYING 952 -861 -2455 (Fax: 952 -88B -9526) a3 ' ��G NB9'56'Z "W North Office: / _ 2010 -040 -E 912/06 T.IIB, R.21, 5.02 2010040E008- TRAIL.tlw9 MLS 04/26/2011 WWW.6Und9.GOT Brooklyn Park, Minn. 763 -764 -9346 i Document No. 964588 (Sanitary Sewer Easement) TEMPORARY EASEMENT This Temporary Easement is made as of 2011, by GATLIN DEVELOPMENT CO., INC., a California corporation ( " Gatlin ") in favor of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the " City "). RECITALS WHEREAS, the property. described on Exhibit A hereto ( "Pro eLt ") is subject to an easement for sanitary sewer purposes as set forth in that certain Easement Grant by and between Dayton Development Company, a Minnesota corporation, as grantor, and the City, as grantee, dated August 18, 1969 and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on February 25, 1970 as Document No. 964588 (the " Existing Easement "). WHEREAS, the City contemplates that the Existing Easement will be relocated and replaced by public easements to be dedicated on the Plat of SHINGLE CREEK CROSSING (the " Permanent Easement "). WHEREAS, until the improvements located within the Existing Easement are relocated to the Permanent Easement, Gatlin and the City desire to replace the Existing Easement with this Temporary Easement. TEMPORARY GRANT In consideration of the foregoing, Gatlin and the City agree as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 2. Gatlin hereby grants to City a temporary easement over the Property for the maintenance and inspection of the City's sanitary sewer system located therein. 3. Upon completion of any maintenance . or repair work on said sanitary sewer improvements, the City shall restore the surface of the ground to the condition it was in prior to the commencement of said maintenance or repair work. 3873708v4 4. Upon completion of the improvements to be constructed in the Permanent i Easement, Gatlin shall prepare a Certificate of Completion for execution by the City, which shall be recorded, at Gatlin's expense, in the office of the Registrar of Titles of Hennepin County, Minnesota ( " Certificate of Completion 5. The filing of the Certificate of Completion shall terminate and release this Temporary Easement. (SIGNATURE PAGE FOLLOWS) i i 2 3873708v4 • IN WITNESS WHEREOF, Gatlin and the City have executed this Temporary Easement effective as of 1 2011. GATLIN: GATLIN DEVELOPMENT CO., INC., a California corporation By: Name: Title: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on 2011, by the of GATLIN DEVELOPMENT CO. INC., a California corporation, on behalf of said corporation. Notary Public SIGNATURE PAGE TO RELEASE AND TERMINATION OF EASEMENT (Document No. 964588) . 3873708v4 CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Tim Willson Title: Mayor By: Name: Cornelius L. Boganey Title: Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011, by Tim Willson, the Mayor, and by Cornelius L. Boganey, the Manager, of the CITY OF BROOKLYN • CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by: BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8 Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO RELEASE AND TERMINATION OF EASEMENT (Document No. 964588) 3873708v4 • EXB[ BIT A [See attached.] A -1 3873708v4 • 1 0, r ",wwr caw MKE gg + ' r'.Wr + rec» rn '00, rkif/'arI tdk"SC+ AYE ifs w fwd :}R 4143� =1 WAR ArY t t i r 7='B nec i� 3"4L¢ 5 Y� f 7 1 # II i I RO aev 0 i M n' RtS AX try ALE IN FEET 7EMPORAiYY EASDAERT A T parary eat udder and faros parts of Tract A. "Werad Lard Bey NO, Is Hertne0 t�uR kiln to and Tr IPA A, l stared L Nei 1758, H �ep� nth �hsrr tai 10" 10 f it Back of a center iha to kra rl u n t fly fauthm"t r?er' of tho Itlraaet art +? the thw t tiger#- irr $pctloa T**Mhlp I Ir 84694 31: thgnO Wth dW4 the wW Itaa If Southeast Ouarter o Soiaru;e of 127.37 thence easterly defle¢ttng to the rt4ht deg rees, 1', rnlnutee SI far a distance of S7 feet to the paht of hning of comer W to be cincrlbedi thenco southerly parallel with sold west a distai�e 112'7 key thonc* Ithusaterly defleat'k�q to the r*t 70 d4grem fcr a dteto of 75 k: th"c* wntwus Owt wly *440bg * the left 13 da yeea 25 MtautoA 31 ee ids #or a drstriaae of 43341 feat thew soutltarly de8eOM4 it the left 4a d 14 rttmtee. 111 fee^ a dstanee of 48 AW and tip IWMtrdtll4. I heareby Certify that thb sketdt, plan or k was red by me ar under my dtnret and I aril a duly Lloansod Larrd SurvoW under the lacy of the 5ti w of 6ttnr *{rata, Dated this 13th day of trla,% 201 I. E LdIAVEY1ri LIG wri of ttrseo:eewe ®e I I III Mark S Ha -- can F�1 n re P;L.x inn Ltc ksa I ffA teen OWAMM i n rs xao 2 3873708v4 Document No. 1504596 (Trailway) TEMPORARY EASEMENT This Temporary Easement is made as of , 2011, by GATLIN DEVELOPMENT CO., INC., a Delaware corporation ( " Gatlin ") in favor of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the " City "). RECITALS WHEREAS, the property described on Exhibit A and depicted on Exhibit B , each attached hereto ( " Property ") is subject to an easement for pedestrian and bicycle trailway purposes, as set forth in that certain Easement Grant by and between The Equitable Life Assurance Society of the United States, a New York corporation, as grantor, and the City, as grantee, dated November 8, 1982 and recorded in the office of the Registrar of Titles of Hennepin County, Minnesota on March 11, 1983 as Document No. 1504596 (the "Existin Easement WHEREAS, the City contemplates that the improvements constructed pursuant to the Existing Easement will be reconstructed and replaced by a new easement to be granted by Gatlin to the City with respect to the relocated trailway (the " Permanent Easement "). WHEREAS, the Existing Easement is being or has been vacated and released by the City. WHEREAS, until the improvements located within the Existing Easement are relocated to the Permanent Easement, Gatlin and the City desire to replace the Existing Easement with this Temporary Easement. TEMPORARY GRANT In consideration of the foregoing, Gatlin and the City agree as follows: 1. The above Recitals are true and correct and are fully incorporated herein and made a part hereof. 2. Gatlin hereby grants to City a temporary easement over the Property for the use, maintenance and inspection of the City's pedestrian and bicycle trailway located therein. 3876228v4 3. Gatlin reserves and retains all other property rights in and to the Property, including but not limited to, the right to utilize the same for landscaping, plantings and other similar purposes. This provision shall not authorize Gatlin to construct any improvement upon said Property, without the consent of the City, which consent shall not be unreasonably with held, nor shall the City be liable for damages if any such improvement is constructed without its consent and must be removed in order for the City to exercise its rights under this easement grant. 4. The City shall, after the completion of any maintenance or repair work on said trailway, restore the grounds to the condition they were in prior to the commencement of said installation, maintenance, or repair work (including the replacement of any landscaping, curbing, or paving removed or damaged during the course of such work), and to remove from the Property and surrounding land, all debris, soils and equipment resulting from or used in connection with such work. 5. The City shall -not claim or declare any fee interest in and to the Property, and in the event of eminent domain proceedings or settlement pursuant thereto, the City shall make no claim against the award or compensation accruing out of or resulting from such event, save and except any payment made to the City for damage to its trailway or with respect to removing or relocating the same. 6. The terms " Gatlin " and " City " wherever used in this instrument are intended in each instance to include the successors and assigns of Gatlin and the City. The City, without need for Gatlin's consent, shall have the right to assign the rights and obligations of the City as t set forth herein to the Three Rivers Park District (the " Park District ") by the filing of an instrument executed by the City and the Park District in the Office of the Registrar of Titles of Hennepin County, Minnesota. 7. These easements are subject to existing access, drainage, and utility easements. 8. The City shall have reasonable right of ingress and egress to and from the Property, for the purpose of installing and maintaining said trailway; provided, however, that the City will consult with Gatlin before performing any work which will interfere with the operation of the adjoining project being developed by Gatlin. 9. Upon completion of the improvements necessary in the Permanent Easement, Gatlin shall prepare a Certificate of Completion for execution by the City, which shall be recorded, at Gatlin's expense, in the office of the Registrar of Titles of Hennepin County, Minnesota ( " Certificate of Completion "). 10. The filing of the Certificate of Completion shall terminate and release this Temporary Easement. [SIGNATURE PAGE FOLLOWS] 2 3876228v4 IN WITNESS WHEREOF, Gatlin and the City have executed this Temporary Easement effective as of 5 2011. GATLIN: GATLIN DEVELOPMENT CO., INC., a California corporation By: Name: Title: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on 2011, by • the of GATLIN DEVELOPMENT CO., INC., a California corporation, on behalf of said corporation. Notary Public SIGNATURE PAGE TO TEMPORARY EASEMENT (Document No. 1504596) 3876228v4 CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Tim Willson Title: Mayor By: Name: Cornelius L. Boganey Title: Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011, by Tim Willson, the Mayor, and by Cornelius L. Boganey, the Manager, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by: BRIGGS and MORGAN, P.A. 2200 IDS Center 80 South 8 Street Minneapolis, MN 55402 Attention: Thomas L. Bray, Esq. 612.977.8400 SIGNATURE PAGE TO TEMPORARY EASEMENT (Document No. 1504596) • EXHIBIT A Property, Property located in Hennepin County, Minnesota, legally described as follows: A portion of Tract F, Registered Land Survey No. 1469, in Section 2, Township 188 North, Range 21 West in Brooklyn Center, Minnesota, and more specifically described as over, across and upon the following described premises: Easement No. 1 A An easement 12.00 feet wide which lies 6.00 feet on either side of the following described centerline: Commencing at the northeasterly corner of Tract F, Registered Land Survey No. 1469; thence westerly along the north line of Tract F, on an assumed bearing of S 09 °09'08" W, a distance of 153.70 feet to the point of beginning of the line to be described; thence southerly on a bearing of S 7 °18'52" E a distance of 119.10 feet; thence southeasterly on a bearing of S 80 °26'43" E a distance of 28.46 feet, to the easterly line of Tract F, and said line there terminating. Said easement to be lengthened or shortened to terminate on the boundary lines of said Tract F. Easement No. 1 B An easement 12.00 feet wide which lies 6.00 feet on either side of the following described centerline: Commencing at the southeasterly corner of Tract F, Registered Land Survey No. 1469; thence southwesterly on an assumed bearing of S 43 °35' W, a distance of 11.59 feet; thence westerly on a bearing of S 52 °37'30" W, a distance of 207.34 feet to the point of beginning of the land to be described; thence northerly on a bearing of N 20 °57'32" W, a distance of 205.73 feet; thence northwesterly on a bearing of N 28 °54'34" W a distance of 197.13 feet; thence northerly on a bearing of N 23 °18'35" W a distance of 24.32 feet, to the south line of Tract A, Registered Land Survey No. 1430; thence southwesterly on a bearing of S 63 °30'25" W, along a common line between Tract A and Tract F, a distance of 7.07 feet; thence northwesterly on a bearing of N 23 °34'26" W along a common line between Tract A and Tract F, a distance of 127.58 feet; thence northerly a distance of 81.06 feet along a tangential curve, concave to the southeast, having a radius of 153.50 feet and a central angle of 30 °15'26 "; thence westerly on a bearing of N 80 °26'43" W, a distance of 2.10 feet; thence southerly on a bearing of S 0 °17'35" E, a distance of 49.04 feet; then southerly on a bearing of S 16'l 1' 35" E, a distance of 32.04 feet; thence southerly on a bearing of S 23 °18'35" E, a distance of 153.74 feet; thence southeasterly on a bearing of S 28 °54'34" E, a distance of 196.88 feet; then southerly on a bearing of S 20 °57'32" E, a distance of 208.43 feet; then northeasterly on a bearing of N 52 °37'30" E, a distance of 12.51 feet to the point of beginning. Said easement to be lengthened or shortened to terminate on the boundary lines of said Tract F. A -1 EXHIBIT B Depiction of Property See attached B -1 ;t /,'nA / �- Win/ / I / IL_ V T � LJ / - IL -L_ ,.� t�Vi I/ 1 L_ AA /�'r �l/l A f �/�/'1 / IA /T1/ Z) /-) A !l A L. - I.i .l L.7 - U t L_ / \ vi - I [J L v V V / V / / / 1 L/ / - 1 L/ / V V. / t1 S09 1 09 1 08 11 W 153.70 i 1 0 I I _ N£'L Y CORNER OF TRACT F I N I m 6 N ELY LINE OF TRACT F \ \ - = N80 ° 26'43 "W II I 28.46_­­ 2.10 580 ° 26'43 "E i S00 ° 17'35 "E L =81.06 T ^I r A I 49.04 - - - -- , , -R= 153.50 I 32.04_ 4 =30 ° 15'26" •- I I S16 °II'35 "E --- Z �-`-------- \ 1 V COMMON LINE /1 I I BETWEEN 6 / `rii I TRACTS A & f _N23 0 18'35 "W �P _ I I I • "° 24.32 9r�0 I I sy � 4 I TEMPORARY �� ° > `F I I EASEMENT I I Q I TEMPORARY / ® 1�I rc / /�r �_- �i� EASEMENT S£'L Y CORNER OF TRACT F 1 V I N 'o 1� I Q I N ° ca 'Sb 1 '. _ 11.59 543 ° 35'W 1 I I I ? 6 -_ �S`' •/ t / J 1 i /• A /. r / v ✓f I S Main Office: 0 100 200 L v v 9001 East Bloomington Freeway (35W) • Suite 118 Bloomington, Minnesota 55420 -3435 L4ND srmn 'I1VG 952- 881 -2 55 (Fo 0f 952 888 -9526) North SCALE IN FEET www.sunde.com Brooklyn Park, Minn. 763 - 784 -9346 2010 -040 -E 912/06 Sheet: Of T.116, a.21, 5.02 Fi /e: 201004OEO11 TEMP TRA /L.dwg MLS 05/16/2011 OWN CD SHINGLE CREEK CROSSING c�nINDBROi CONIMM SHINGLE CREEK CROSSING Item 10c. Acquisition of Easements Regular City Council Meeting: May 23, 2011 SHINGLE CREEK CROSSING Granting of Easements KOMI 1 '•'�",.w__ .. -- `-t�rrROwou�aasauucEw�o i_T `�' -°--� -° - ---�_�'7�`-�'x, � o A Yoa, r S /..1 ��{{ 11 A . I fiATE i j iOtasc, i' wra i i ../iJ,� ri7.A...y V{ IwirAr Lo LOT I, wr n, root, serN� i3� / r_ ! LOT ■,OOt l LMCKAPE U6,EM TE �•• TE y OIN.,.YEaur `� rorx, '•\ :�.. ,� � @ B 4 j � •'t� ,,\ I ��r p S W t> p OJROT A L•" r ¢¢ IL EASEMENT LEGEND L} PUBLIC DRAINAGE 6 UTILRY EAEIA'M U � Z Z 8 Bf�A�N RECORDED AND PER SCAPEEASEMENTSiT)BE &F- 1 RECORDED PER SEPERATE 60CJMENTy Vr t Y f Z }, }, �`• �F R.O W DI!OiCATICN W U LLI r,. Z _ r F...._ EXISTING PROPERTY UVE V J F ` Q 1 ! {� � a • l' �� � PROPOSED PROPERTY J RTY UVE Z 0 ` i it SHINGLE CREEK ,��/ CROSSING b I,& � Permanent streetscape A and trail easement • Along Xerxes Avenue • / '< Replaces existing p g . .f. easement 9. ,..SNP�a,�BNC.NIB•4�%�E] ifs / Or !•• 1.Z�14 J .e, 1 5�•b 30•E /"rrd•rr2..I��9512 G49 1 < � EASEMENT ' AREA 1 0 loo SCALE IN FEEI O�u� 9 & Dated thle 16th day of May,2011. SUNDE LAND SURVEYIN G•LLC. / qo-- Mb Mark Hanson, P.L.S. Minn.U..No. 15480 t y D�It$� ],a UK av LOT 3 'a�Wo 1f31L" :2 sheets MLS OS/I6/2011� w_ R—,—d r'•°—d"fron,r-xh,�li, N 5 05/13/2011 "' SSSUNDE ° ° dORNFA OF LOT J aru e<n ei°�maf°+rdeor(S6M)•5°rtr Ire Bi°wningl°n,Yvmnctc 551Zp-135 `-�� ��sUry�. , i5]-BBI-R4NMhcOf lcr e9P-9546) ^r 1 www 6une•.00m ]6�-]6a-sna6 �����'1 ' wi'mi'n Fr zoroaxooB-to-rzzow9 s rr 2 of 2 SHIT` GLE CREEK CROSSING Permanent trail easement • New trail along " ring road " • Replaces existing easement along Kohls, new along Hwy 100 A-C(l=-�, R,=AV 10) WWW', S (ca AM AOQ/O' 1MW ej L-7800 R- 79 79t Of ram !12,r fiw'AV54 75 0 200 400 PROP0911, IN FEET CASE SCALE MENT 7d;'� P 0 K dO X Dotty thl,18th day of may.2011. lo, D SURVEYING fry A "'oo, "DE LAN LLC. ii—.,kS.H—on,P.L.S. Minn.Lic.Na. N—Said Plot of SHINGLE CREEK MCSSiNG 4L of Apr.28,2011. CCU 5 LS 105/:8/2011 j fj�UNDE Norm Offlo. -0-0—11— 1,—821.S02 211--lL­ 14/1/— SHINGLE CREEK CROSSING ----- - . •� NdJ•]]77'Lr %'• ✓�hF�'i !�uV..ir'i` i r.'v. v7 ,,.SW 4J'Sr E 7091,07 ^'•— Temporary sanitary sewer easement .. • Existing 18" gravity �-w 1>? \ sanitary sewer and sanitary sewer forcemain \ \ \ R_*L7 • Bridges time gap to build a portion of the new Vf FFET sanitary sewer in a new Tp+P(7RaFy FaSErIENT O C a t I O n a T«npc ay Eveemeet oat.und«and actael"I"', pets of Tract A,Reyf1;66, Land S,e.ey Na 1614.Me+nepT County,IAlhnesata and Tract a,K letered Laed Sdrsy No 17bb,Hennepin County, .ImpeaMo.Idng 10 feet M each eWe of a centx the to be descrlbed :.mrn Irq at the earth east cam of the Snutheaat Quart«of the Northaaet Quarter In Scalar 2,Toenehlp 118, Rmge 21;thence north dung the.eat Una aI sdId Southeast Q—ter o diet—of 127.27 feet, ttM eaaterly deaf tlrtq to the right 8g drfreee, 17 mlmltes 31 _orva ter a dbtance t 51.pp tact to the Dolnt or beghnln9 of canter Dte 3 to be described:thence owtherly Daalle•I .kh cold went Une o dRtance 111.27 teat: thence ooUth:waterIY deflecting to the right 70 de9r la a dlstonce at 75 Feet;then..cont9,u,swth—terty dmfl=ting to the left 13 degrees 25 minates 31 —onds tot o dtatoeae of 43111 feel; these eauthedy dcflattln9 to the left 48 degees,10 rnlnutes, 19 eecontfW fa a aetonte of 48 feet and tr.Ne iermlhdtln9. I hereby certlty that thte ehetd..Ilan,al lepaI aa. prepared by me a order my direct wper•kla,or•d that I am a duly Lker-d Lond Sorwe`T und"the Ise.of the state of Ninnesotn Dated trde 13th day of Stay.2011, SMDE LAND SMVCYING.LLC_ pemo•,ed Pat of Ire descrlel eaenn"t. vL` tT`•�I'•�MII Bt: J —� -- SE.nI c>"sm•rak�trt.4w,r+.,.I•we It• Harh Han eon.PL.S. Minn.Lk.Na. 154t!t� anunrare�vn,wore x.xows� �� eSlell-2aa it,'«0.2�,l-0.�M1 r1a:A Gtktl NW.�lr °Mix b1.�Fn MY-r.�We aryr aJtiG4AF V9 J-e,. 'tOef I d i I SHINGLE CREEK i i CROSSING [�r;r;c^ r n��- �rnnn nn,rArnr �Innn Arn in ..,... en L t✓�rJ l..rvVr it , vJILJ ry a l.;) Temporary trail easements ���� Along " ring road ", west of I �1fE/ � ssY'iYm' f l �mns r Kohls t e • Bridges time gap to build ' �I umor the new trail '� � �L!..r Aril � ,YIJ /f�iP� -1 4 I I is J;r A 1.11 a IM am SUNDE® � r��arac�v iRitlffiS51" Ai.n wvxi wr_ar_race Q sao t or 7 q 14bi SHINGLE CREEK CROSSIN Easement Vacations Requested Council Action : • Motion to adopt Resolution Conditions for termination of temporary easements: 1. Temporary trail easement - acceptance of replacement trail and recording of permanent trail easement 2. Temporary sanitary sewer easement - acceptance of new sewer and release and filing of Final Plat Item 10c. Acquisition of Easements Regular City Council Meeting: May 23, 2011 City Council Agenda Item No. 10d i COUNCIL ITEM MEMORANDUM DATE: May 17, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Resolution Approving Development Agreement (Shingle Creek Crossing) Recommendation: It is recommended that the City Council consider approval /adoption of the Resolution Approving Development Agreement (Shingle Creek Crossing). Background: At the January 24, 2011 Work Session, the City Council received the following updates and information on the proposed redevelopment of the Brookdale properties: • Developer Frank Gatlin re- introduced the development concept and vision of Shingle Creek Crossings to re- establish the commercial presence of this property through the development of a Town Center development that would include a major anchor, two or three junior retail boxes, the renovation of a portion of the mall, several smaller retail buildings and restaurants, and streetscaping that creates the Town Center look. The proposal includes day - lighting of Shingle Creek and is expected to be a catalyst for the rebranding of the city and spurring on development of neighboring properties. He indicated that costs associated with the demolition, soil corrections, environmental issues, and the current market conditions required him to seek economic assistance for the portions of the project that were not related to the proposed major anchor, WalMart. • The city's financial consultant provided a presentation on their financial gap analysis and conclusion that the proposed project would need some level of public assistance to proceed given the speculative nature of the retail market and marginal return without assistance. • City staff presented the three components making up a potential financial assistance proj ect: 1. $3.3 million for public purpose costs, exclusive of Wa1Mart related costs, to ensure the timely redevelopment. of the site and completion of the features prioritized by the EDA. 2. A collateralized $1 million forgivable loan having a term of five years with an interest rate of six percent to provide an incentive for the full project completion in a reasonable time period. The loan amount would be Mission: Ensurinq an attractive, clean, safe?. ronununity that enhances the rtuafity of tale and preserves the public, trust COUNCIL ITEM MEMORANDUM available upon the execution of the Tax Increment Development Agreement and would limit the use of these funds to eligible public purpose costs and acquisitions, exclusive of Wa1Mart related costs. 3. The conditions for sale of the EDA's 1.06 acre lot (former Ground Round Restaurant site) and inclusion to the Shingle Creek Crossing PUD. The consensus of the City Council was to move forward with the framework as presented. On March 28, 2011, the City Council conducted a public hearing on the creation of Tax Increment District No 5, a 16 year Renewal and Renovation District, for 8 Brookdale Mall parcels associated with the demolition and redevelopment plans for the Shingle Creek Crossing PUD. Following a presentation from the City's financial consultant and receiving public comments, the City Council adopted Resolution No 2011 -51, Approving a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project 1 and Establishing Tax Increment Financing District No. 5 Therein and Approving a Tax Increment Financing Plan Therefor. Also at the March 28"' Council Work Session, the City Attorney, Jenny Boulton, reviewed the structuring of the TIF Development Agreement for Shingle Creek Crossing. The Council was also informed of the following changes to the PUD and project financing: - The developer has entered into a purchase agreement to acquire the Midas Site and is revising the PUD plans to incorporate this site into the PUD. - The developer has agreed to the use of a Pay -As- You -Go Note in lieu of the City issuing a G.O. Tax Increment Bond associated with the completion of the minimum improvements of the 1 st phase, which includes the internal streetscaping and daylighting of Shingle Creek. The Financing Plan involves the use of the 2010 Minnesota Jobs Bill which would enable an inter -fund loan of $2.4M from TIF District 2 to TIF District 5 and a $2.3 M Pay As You Go Note from the tax increment generated by this development. On April 12, 2011, the City Council and EDA approved a Spending Plan for Tax Increment District 2 which enables the EDA to provide the proposed $2.4M inter -fund loan to Tax Increment District 5. Proposed Tax Increment Development Agreement. The major components of this Tax Increment Agreement include the following: Article III, Conveyance of the EDA Parcel. The conveyance of the EDA's 46,000 sq.ft. vacant lot (formerly Boulevard Bar & Grill) is subject to the EDA approving a site plan and use for the property and holding a public hearing on the sale of EDA owned property. Attached for your reference is a copy of the purchase agreement which includes the provision that the promissory note shall be deemed paid in full if the Developer has acquired the Midas property, Tract C, RLS 1469. Article IV, Construction of Minimum Improvements, provides for the EDA's approval of the construction plans which are defined as: N " ` , vission: raasuri'z {r an attractive, c Jeran, .safe communio that enhances me rivaul i of rife rind preserves the puhtie trust COUNCIL ITEM MEMORANDUM (i) the demolition of the existing Brookdale Mall, excluding the Sears department store and the Food Court Building, the"reskinning" of the Food Court Building, - (ii)the partial day-lighting of Shingle Creek; - (iii)the construction by the Developer of the Phase I Streets and Streetscaping; and - (iv) the construction of the storm water detention and/or retention areas by the Developer on the Development Property, all consistent with the PUD and any approved development plans. Section 4.8 includes that in connection with the renovation and construction of Minimum Improvements and Additional Improvements, defined as the development of the balance of the PUD ( 15 lots), the developer will either comply with Minnesota Prevailing Wage or contract with construction companies headquartered in Minnesota and provide in any such contract a Workface Plan to employ Brooklyn Center residents and unemployed and under employed citizens of north area of Hennepin County. Article V, Tax Increment Assistance, provides that the developer will provide Lots 15 and 16, Block 1, (approx. 4 acres in size) as collateral for the $1.4M Forgivable Loan to the developer for commencing the construction before July 1, 2011 and completing the Minimum Improvements on or before December 31, 2012. Section 5.3 addresses the issuance of a$2.3M TIF Note as part of the Pay As You Go finance plan which is exclusively repaid by the tax increment generated from portions of this PUD that are included within TIF 5. These funds will be used to reimburse the developer for eligible redevelopment costs as defined in the Tax Increment District No. 5 Finance Plan. Section 5.4 addresses the $1M Forgivable Loan, which is collateralized by a second mortgage on the Kohl's lot. This loan, identified as the Additional Improvements Forgivable Loan, includes a promissory note that is proportionately forgiven to the percentage of the phase II development that are completed within 5 years as outlined in Exhibit E of the TIF Agreement. Section 5.5, Midas property assistance identifies that the developer would receive financial assistance of$190,000 for the acquisition of the Midas lot. The amount of financial assistance*Ms.- provides for the EDA and Developer equally sharing in the cost difference between the EDA parcel and the Midas Site, a difference of$380,000 based on the following; $825,000 the negotiated price of the Midas Business & Site $445,000 an agreed value of the EDA parcel (current value of$9.67 per sq.ft.) Section 5.7 identifies that the EDA's ability to use the Available Tax Increment, which is defined as the 30% of TIF 5 Increment after 2-1-15 that is not pledged for repayment of the TIF Pay-As- You-Go Note. Section 5.8 identifies that the costs of site acquisition and site preparation of$13,060,454 exceeds 70% of the Assessor's current year's estimated market value identified as $16,980,000 and therefore the EDA's assistance for the Development does not constitute a"business subsidy". That before April 1, 2012, the developer is required to provide invoices for acquisition and site preparation costs in an amount not less than$11,886,000 111ission:Ensuring an attraefivC,dean,safi?coma unity that enhances the quall(v of fijP and preserves,th public trust COUNCIL ITEM MEMORANDUM Budget Issues: The Development Agreement is consistent with the EDA's approved Tax Increment District No. 5 Finance Plan and the Tax Increment District No. 2 Spending Plan (Minnesota Jobs Bill). Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans Ongoing 5. We will improve the image of the City with citizens and others fission: I ar,siariaz, a z attractive, dean, _saji? coniaaaaanity that eaihanees the quality cif dif�� uncd �resea °ves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING DEVELOPMENT AGREEMENT(SHINGLE CREEK CROSSING) BE IT RESOLVED By the City Council("Council") of the City of Brooklyn Center ("City") as follows: Section 1. Recitals. 1.01. The Economic Development Authority of the City of Brooklyn Center, Minnesota (the "Authority") has created Housing Development and Redevelopment Project No. 1 (the "Development District") pursuant to Minnesota Statutes, Sections 469.090 through 469.1081 and Sections 469.001 to 469.047, as amended, and Tax Increment Financing District No. 5 (A Renewal and Renovation District) (the "TIF District"), therein, pursuant to Minnesota Statutes, Sections 469.174 to 469.1799, as amended within the Development District. 1.02. Gatlin Development Company, Inc. (the "Developer") has requested that the City assist the Developer with the financing of certain costs of the development and the renovation of a portion of the existing Brookdale Mall, excluding the Sears department store, demolishing the three anchors and all but 123,242 square feet of the mall space. Once complete the development is expected to include a Walmart Supercenter three junior anchors (approximately 120,735 square feet), four restaurants (approximately 36,065 square feet), six retail stores (approximately 93,645 square feet), plus 123,242 square feet of renovated mall space to be located in the TIF District (the "Project") pursuant to a Development Agreement by and among the City, the Authority and the Developer(the"Agreement"). 1.03. The City believes that the development of the Project pursuant to the Agreement, and fulfillment generally of the Agreement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the development has been undertaken and is being assisted. Section 2. Cily Approval;Further Proceedings. 2.01. The Agreement as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the City Attorney and the City Manager; provided that execution of the Agreement by the Mayor and City Manager shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute the Agreement on behalf of the City and to carry out on behalf of the City the City's obligations thereunder. i Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i i DEVELOPMENT AGREEMENT BY AND BETWEEN ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA AND GATLIN DEVELOPMENT COMPANY, INC. June , 2011 3830120 BR291 -304 ARTICLEI DEFINITIONS .................................................................. ............................... 3 Section 1.1 Definitions ....................... ARTICLE II REPRESENTATIONS AND WARRANTIES ................. ............................... 8 Section 2.1 Representations and Warranties of the Authority . ............................... 8 Section 2.2 Representations and Warranties by the Developer .............................. 9 ARTICLE III CONVEYANCE OF EDA PARCEL ............................. ............................... 11 Section 3.1 Conveyance of EDA Parcel ...................... 11 .......... ............................... Section3.2 Purchase Price ..................................................... ............................... 11 Section 3.3 Conveyance Subject to Right of Re -entry .......... ............................... 11 ARTICLE IV CONSTRUCTION OF MINIMUM IMPROVEMENTS .............................. 12 Section 4.1 Planned Unit Development ................................. ............................... 12 Section 4.2 Construction Plans .............................................. ............................... 12 Section 4.3 Construction of Minimum Improvements .......... ............................... 13 Section 4.4 Commencement and Completion of Construction ............................. 13 Section 4.5 Effect of Delay .................................................... ............................... 13 Section 4.6 Compliance with Environmental Requirements . ............................... 14 Section 4.7 Additional Responsibilities of the Developer ..... ............................... 14 Section 4.8 Prevailing Wages; Underemployed Local Labor ............................... 14 Section 4.9 Certificate of Completion ................................... ............................... 15 ARTICLE V TAX INCREMENT ASSISTANCE ............................... ............................... 16 Section 5.1 Creation of Tax Increment District and Approval of Tax Increment Financing Plan ............................ ............................... 16 Section 5.2 Minimum Improvements Forgivable Loan ......... ............................... 16 Section 5.3 Issuance of TIF Note ........................................... ............................... 17 Section 5.4 Additional Improvements Forgivable Loan ........ ............................... 18 Section 5.5 Midas Property Assistance .................................. ............................... 19 Section 5.6 Review of Taxes ................................................. ............................... 19 Section 5.7 Use of Tax Increments ........................................ ............................... 20 Section 5.8 Business Subsidy Act .......................................... ............................... 20 ARTICLE VI ENCUMBRANCE OF THE DEVELOPER PROPERTY ............................ 21 Section 6.1 Encumbrance of the Developer Property ............ ............................... 21 Section 6.2 Copy of Notice of Default to Mortgagee ............ ............................... 21 Section 6.3 Mortgagee's Option to Cure Events of Default .. ............................... 21 Section 6.4 Defaults Under Mortgage ................................... ............................... 21 Section 6.5 Subordination of Agreement ............................... ............................... 21 ARTICLE VII INSURANCE AND MAINTENANCE .......................... ............................... 22 Section 7.1 Insurance ............................................................. ............................... 22 Section 7.2 Subordination ...................................................... ............................... 23 Section 7.3 Maintenance and Operation of the Development and Any Additional Improvements ........................... ............................... 23 ARTICLE VIII TRANSFER LIMITATIONS AND INDEMNIFICATION .......................... 25 Section 8.1 Representation as to Development ...................... ............................... 25 Section 8.2 Limitations on Transfer ....................................... ............................... 25 3830120 BR291 -304 Section 8.3 Indemnification ................................................... ............................... 26 Section8.4 Limitation ............................................................ ............................... 27 ARTICLE IX EVENTS OF DEFAULT AND DAMAGES ................. ............................... 28 Section 9.1 Events of Default Defined .................................. ............................... 28 Section 9.2 Developer Events of Default ............................... ............................... 28 Section 9.3 Authority Events of Default ................................ ............................... 29 Section 9.4 Authority Remedies on Default .......................... ............................... 29 Section 9.5 Developer Remedies on Default ......................... ............................... 29 Section 9.6 No Remedy Exclusive ......................................... ............................... 29 Section 9.7 No Additional Waiver Implied by One Waiver .. ............................... 30 ARTICLE X ADDITIONAL PROVISIONS ....................................... ............................... 31 Section 10.1 Conflicts of Interest ............................................. ............................... 31 Section 10.2 Titles of Articles and Sections ............................ ............................... 31 Section 10.3 Notices and Demands ......................................... ............................... 31 Section10.4 Counterparts ........................................................ ............................... 31 Section 10.5 Law Governing ................................................... ............................... 31 Section 10.6 Consents and Approvals ..................................... ............................... 32 Section 10.7 Representatives ................................................... ............................... 32 Section 10.8 Superseding Effect .............................................. ............................... 32 Section 10.9 Relationship of Parties ........................................ ............................... 32 Section10.10 Term .................................................................... ............................... 32 Section10.11 Venue .................................................................. ............................... 32 Section 10.12 Provisions Surviving Rescission or Expiration ... ............................... 32 EXHIBIT A DESCRIPTION OF DEVELOPMENT PROPERTY .. ............................... A -1 EXHIBIT B CERTIFICATE OF COMPLETION ............................ ............................... B -1 EXHIBIT C CERTIFICATE OF RELEASE .................................... ............................... C -1 EXHIBIT D ELIGIBLE COSTS ....................................................... ............................... D -1 EXHIBIT E PROMISSORY NOTE (ADDITIONAL IMPROVEMENTS) ....................E -1 EXHIBIT F FORM OF NOTE ............................................................. ............................F -1 EXHIBIT G PREVAILING WAGE RATES .................................... ............................... G -1 EXHIBIT H PROMISSORY NOTE (MINIMUM IMPROVEMENTS) ......................... H -1 EXHIBIT I LEGAL DESCRIPTION OF PHASE II PARCELS ......... ............................I -1 EXHIBIT J WORKFORCE PLAN ................................................... ............................... J -1 383012v7 BR291 -304 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT is made and entered into this day of June, 2011, by and between the ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, a body corporate and politic organized and existing under the laws of the State of Minnesota (the "Authority "), and GATLIN DEVELOPMENT COMPANY, INC., a California corporation (the "Developer "). The Parties intend for the covenants and restrictions set forth in this Agreement to run with title to the Developer Property until such time as the Developer is entitled to receive the Certificate of Completion described in Section 4.9. From and after that time, the covenants and restrictions set forth in this Agreement are the personal obligation of the Developer and any successor in title to all or any portion of the Developer Property to whom the Developer expressly assigns the Developer's obligations under this Agreement in accordance with Section 8.2(b)(ii). RECITALS WHEREAS, pursuant to Minnesota Statutes, Section 469.090 through 469.1081 and Sections 469.001 through 469.047, the Authority has formed Housing Development and Redevelopment Project No. 1 (the "Project Area ") and has adopted a Redevelopment Plan (the "Redevelopment Plan ") for the Project Area which sets forth development objectives for the Project Area. A major objective of the Redevelopment Plan is to foster the development and redevelopment of commercial facilities in the Project Area; WHEREAS, the Developer has submitted a proposal to the Authority in connection with p P P Y the construction of a commercial development on the Development Property. The Development Property is within the Project Area; WHEREAS, e D Propert demolish the S t Developer intends to acquire the Development op rty, demol p q p Brookdale Mall, except for the Sears department store and the approximately 123,242 square foot portion of the Brookdale Mall located on Lot 3, Block 1, SHINGLE CREEK CROSSING, Hennepin County, Minnesota, according to the recorded plat thereof (the "Food Court Building "), sell the Walmart Parcel to Walmart, construct the Minimum Improvements on the Development Property and construct the Additional Improvements on the Developer Property. The City of Brooklyn Center has granted PUD zoning for the Development Property that permits up to 19 buildings on the Development Property including the existing Kohls building, the existing Applebees building, the renovated Food Court Building, the Walmart Supercenter, three junior anchor buildings, and various other restaurant and retail buildings. The Developer and the City expect that upon completion of the Development, the Walmart Supercenter and the Additional Improvements will be 624,054 square feet of improvements; WHEREAS, under Minnesota Statutes, Sections 469.174 through 469.1799, as amended (the "TIF Act "), the Authority is authorized to finance certain public redevelopment costs of a redevelopment project area with tax increment revenues derived from a tax increment financing district established within such project area; 383012v7 BR291 -304 1 WHEREAS, the Authority has heretofore adopted a tax increment financing plan and created and established Tax Increment Financing District No. 5 (A Renewal and Renovation District) as a renewal and renovation tax increment district pursuant to the TIF Act (the "Tax Increment District "); WHEREAS, in order to set forth the conditions under which the Authority will provide certain tax increment assistance to the Developer, the Authority and Developer have agreed to enter into this Agreement; WHEREAS, the Authority believes that the development of the Development Property, as more fully set forth in this Agreement, is in the best interests of the residents of the City of Brooklyn Center, Minnesota (the "City "), and will facilitate the redevelopment of blighted areas in the City, and increase opportunities for commercial development, and will otherwise benefit the health, safety, morals and welfare of the residents of the City, in accordance with the public purpose and provisions of the applicable State and local laws and requirements under the Redevelopment Plan; and NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2 383012v7 BR291 -304 ARTICLE I DEFINITIONS Section 1.1 Definitions All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: "Additional Improvements" means commercial buildings the Developer constructs or, in the case of the Food Court Building, renovates on the Phase II Parcels in accordance with the PUD. "Additional Improvements Note Maturity Date" means the date 5 years after the Developer receives the proceeds of the Additional Improvements Forgivable Loan from the Authority. "Affiliate" means any Person directly or indirectly controlling or controlled by or under direct or indirect common control with a Person and any purchaser of all or substantially all of the assets of such Person. For this purpose, "control" means the power to direct management and policies, directly or indirectly, whether through ownership of voting securities, by contract or otherwise, and the terms "controlling" and "controlled" have correlative meanings. "Agreement" means this Development Agreement as the same may be from time to time modified, amended or supplemented. "Authority" means the Economic Development Authority of Brooklyn Center, Minnesota, its successors and assigns. "Authority Representative" means the Executive Director of the Authority or his or her designee. "Available Tax Increment" means 90% through February 1, 2015 and thereafter 60% of the Tax Increment received and retained by the Authority, less the amount of Tax Increment, if any, which the Authority must pay to the school district, the County and the State pursuant to Minnesota Statutes, Sections 469.177, subds. 9, 10, and 11; 469.176, subd. 4h; and 469.175, subd. 1 a, as the same may be amended from time to time. "Certificate of Completion" means the certificate in substantially the form attached hereto as Exhibit B signed by the Authority Representative certifying completion of the Minimum Improvements. "Certificate of Release" means the certificate in substantially the form attached hereto as Exhibit C signed by the Authority Representative certifying the construction of the Minimum Improvements has commenced beyond the point of site preparation. "City" means the City of Brooklyn Center, Minnesota, a municipal corporation; . 3 3830120 BR291 -304 "Closing" means the closing on the conveyance of the EDA Parcel by the Authority to the Developer. "Closing Date" means the date on which the Authority conveys the EDA Parcel to the Developer, which date shall be the date determined in accordance with the Purchase Agreement. "Completion Date" means the date the Certificate of Completion is executed by the Authority Representative. "Construction Lender" means a lender who makes a Construction Loan to the Developer. "Construction Loan" means any loan or loans to be made to provide financing for the demolition, the site work, the Minimum Improvements or the Additional Improvements. "Construction Plans" means the plans, specifications, drawings and related documents for the construction of the Minimum Improvements which shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City. "County" means Hennepin County, Minnesota. "Deed" means the limited warranty deed executed by the Authority conveying the EDA • Parcel to the Developer, in the form attached as Exhibit C to the Purchase Agreement. "Developer" means Gatlin Development Company, Inc., its successors or assigns. "Developer Event of Default" means the occurrence of an Event of Default set forth in Section 9.2 hereof. "Developer Property" means the real property legally described in Exhibit A hereto until such time as the Developer acquires title to the Midas Parcel or the EDA Parcel. From and after the Developer's acquisition of title to the Midas Parcel, the term "Developer Property" shall include the Midas Parcel. From and after the Developer's acquisition of title to the EDA Parcel, the term "Developer Property" shall include the EDA Parcel. "Developer's Representative" means the President of the Developer, or his or her designee evidenced in writing to the Authority. "Development" means the Development Property and the Minimum Improvements. "Development Property" means the Developer Property and Lot 1, Block 1, SHINGLE CREEK CROSSING, Hennepin County, Minnesota, according to the recorded plat thereof. "EDA Parcel" means the real property currently legally described as Lot 1, Block 2, SHINGLE CREEK CROSSING, Hennepin County, Minnesota, according to the recorded plat thereof, formerly described as Tract A Registered Land Survey Number 1430, Hennepin County, Minnesota. 4 383012v7 BR291 -304 "EDA Parcel Mortgage" means the Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement, against the EDA Parcel, dated as of the date hereof by the Developer in favor of the Authority; "Eligible Costs" means the costs identified on Exhibit D attached hereto. "Event of Default" means any of the events described in Sections 9.2 or 9.3. "Food Court Building" means the approximately 123,242 square foot portion of the existing Brookdale Mall located on Lot 3, Block 1, SHINGLE CREEK CROSSING, Hennepin County, Minnesota, according to the recorded plat thereof. "Interfund Loan" means the internal loan of TIF 2 Available Tax Increment from the TIF District No. 2 account to the Tax Increment District No. 5 account to provide the assistance to the Developer as set forth in Sections 5.2 and 5.4. "Kohl's Parcel" means the real property currently legally described as Lot 2, Block 2, SHINGLE CREEK CROSSING, Hennepin County, Minnesota, according to the recorded plat thereof, formerly described as Tract B Registered Land Survey Number 1614, Hennepin County, Minnesota. "Kohl's Parcel Mortgage" means the Mortgage, Security Agreement, Assignment of I Leases and Rents and Fixture Financing Statement, against the Kohl's Parcel, dated as of the date of the Additional Improvements Forgivable Note in favor of the Authority. • Lots IS and 16 Mortgage means Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement, against Lots 15 and 16, Block 1, SHINGLE CREEK CROSSING, Hennepin County, Minnesota, dated as of the date of the Minimum Improvements Forgivable Note in favor of the Authority. "Market Value" or "Market Valuation" means the market value of real property as determined by the assessor of the County in accordance with Minnesota Statutes, Section 273.11 (or as finally adjusted by any assessor, board of equalization, commissioner of revenue, or any court). "Midas Parcel" means the portion of Lots 6, 7 and 8, Block 1, SHINGLE CREEK CROSSING, Hennepin County, Minnesota, according to the recorded plat thereof, formerly described as Tract A, Registered Land Survey 1649, Hennepin County, Minnesota. "Minimum Improvements" means (i) the demolition of the existing Brookdale Mall, excluding the Sears department store and the Food Court Building, the "reskinning" of the Food Court Building, (ii) the partial day- lighting of Shingle Creek; (iii) the construction by the Developer of the Phase I Streets and Streetscaping; and (iv) the construction of the storm water detention and /or retention areas by the Developer on the Development Property, all consistent with the PUD and any approved development plans. 5 383012v7 BR291 -304 "Mortgage" means any mortgage of all or any part of the Developer Property granted by Developer, the EDA Parcel or the Kohl's Parcel, other than the EDA Parcel Mortgage and the Kohl's Mortgage. "Parties" means the Developer and the Authority. "Party" means the Developer or the Authority, as the context may require. "Person" means any individual, corporation, partnership, joint venture, limited liability company or partnership, association, trust, unincorporated organization, or government, or any agency or political subdivision thereof. "Phase I Streets and Streetscaping" means construction of interior roadways and sidewalks on the Development Property, roadways connecting 56 Avenue and Bass Lake Road and the installation of pedestrian/street lighting and landscaping of the Development Property to achieve a "Town Center" look, all consistent with the Site Plan and Phasing Exhibit approved as a part of the PUD, but excluding parking and landscaping on the Phase II Parcels. "Phase II Parcels" means the real property legally described in Exhibit F hereto. "PUD" has the meaning provided in Section 4.1. "PUD Agreement" has the meaning provided in Section 4.1. "Purchase Agreement" means the Agreement of Purchase and Sale, dated as of the date hereof between the Authority and the Developer for the sale of the EDA Parcel to the Developer. "Purchase Price Note" means the Promissory Note from the Developer to the Authority evidencing the Developer's obligations under the Purchase Agreement. "Sale" means any sale, direct or indirect, conveyance, assignment, transfer, exchange or other disposition of all or a part of the Developer's interest in the Minimum Improvements, to any Person other than an Affiliate. "State" means the State of Minnesota. "Tax Increment" means that portion of the real property taxes generated by the Development Property and any improvements thereon which is actually remitted and retained by the Authority as tax increment under the TIF Act. "Tax Increment District" means Tax Increment Financing District No. 5 (A Renewal and Renovation District) as the same is amended from time to time. "Tax Increment Plan" means that certain Tax Increment Financing Plan for the Tax Increment District approved by the Authority, as amended from time to time. 6 383012v7 BR291 -304 "Tax Official" means any Authority or County assessor; County auditor; Authority, County, or State board of equalization; the Commissioner of Revenue of the State; or any State or Federal district court, the Tax Court of the State, or the State Supreme Court. "Termination Date" means the earlier of (i) February 1, 2028, (ii) the date the TIF Note is paid in full, (iii) the date on which the Tax Increment District expires or is otherwise terminated, or (iv) the date this Agreement is terminated or rescinded in accordance with its terms; "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1799, as amended, or any successor statutes. "TIF District No. 2" means Tax Increment Financing (Redevelopment) District No. 2 created by the City and the Authority. "TIF Note" means the Tax Increment Revenue Note (Shingle Creek Crossing Project) to be executed by the Authority and delivered to the Developer pursuant to Section 5.3 hereof, a copy of which is attached hereto as Exhibit F. "TIF Note Payment Date" means each February 1 and August 1, commencing on the first February 1 or August 1 following the dated date of the TIF Note and thereafter to and including the Termination Date; provided, that if any such date should not be a Business Day, the TIF Note Payment Y ent Date shall be the next succeeding Business Day; "TIF 2 Available Tax Increment" means, tax increment received by the Authority from TIF District No. 2 on or before December 31, 2011 and not otherwise pledged to other obligations of TIF District No. 2. "Unavoidable Delays" means delays, outside the. control of the party claiming its occurrence, which delay the activities contemplated by this Agreement, and which are the direct result of (a) unusually severe or prolonged bad weather, (b) acts of God, fire or other casualty to the Minimum Improvements, (c) litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, (d) acts of any federal, State or local governmental unit which directly result in delays, (e) strikes, or other labor trouble, (f) delays in delivery of materials for the Minimum Improvements, (g) soil conditions of the Development Property or (h) acts of war or terrorism, not existing on the date hereof. "Walmart Supercenter" means an approximately 180,000 square foot Walmart Supercenter to be constructed on the Walmart Parcel. "Walmart Parcel" means the real property legally described as Lot 1, Block 1, SHINGLE CREEK CROSSING, Hennepin County, Minnesota, according to the recorded plat thereof. • 7 383012v7 BR291 -304 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Representations and Warranties of the Authority The Authority makes the following representations and warranties: (a) The Authority is a body corporate and politic organized and existing under the laws of the State of Minnesota with the authority to enter into this Agreement and carry out its obligations hereunder. (b) The Authority has taken all action necessary to create the Project Area and the Tax Increment District, to adopt and approve the Redevelopment Plan and Tax Increment Plan, to approve this Agreement, and to authorize the execution and delivery of this Agreement, and any other documents or instruments required to be executed and delivered by the Authority pursuant to this Agreement. (c) The Authority has elected in the Tax Increment Plan to retain 100 % of the captured net tax capacity of the Tax Increment Financing District to finance permissible expenditures under the Tax Increment Act, and has elected that the duration of the Tax Increment District will be the maximum duration permitted by the Tax Increment Act. (d) The Authority has sufficient TIF 2 Available Tax Increment to provide the assistance set forth in Sections 5.2, 5.4 and 5.5. (e) The activities of the Authority are undertaken for the purpose of fostering the redevelopment and renovation of certain real property that is or was occupied primarily by substandard and obsolete buildings, which will revitalize this portion of the Project Area, increase tax base, and increase employment opportunities. (f) The execution, delivery and performance of this Agreement, and any other documents or instruments required pursuant to this Agreement by the Authority does not, and consummation of the transactions contemplated therein and the fulfillment of the terms thereof will not, conflict with or constitute on the part of the Authority a breach of or default under any existing (i) indenture, mortgage, deed of trust or other agreement or instrument to which the Authority is a party or by which the Authority or any of its property is or may be bound, or (ii) legislative act, constitution or other proceeding establishing or relating to the establishment of the Authority or its officers or its resolutions. (g) There is not pending, nor to the best of the Authority's knowledge is there threatened, any suit, action or proceeding against the Authority before any court, arbitrator, administrative agency or other governmental authority that materially and adversely affects the validity of any of the transactions contemplated hereby, the ability of the Authority to perform its obligations hereunder, or as contemplated hereby or thereby, or the validity or enforceability of this Agreement. 8 383012v7 BR291 -304 (h) No member of the Board of the Authority or officer of the Authority, has either a direct or indirect interest in this Agreement or the Development within the meaning of Minnesota Statutes, Sections 412.311, as amended, or any successor statute. Section 2.2 Representations and Warranties by the Developer The Developer represents and warrants that: (a) The Developer is a corporation organized and in good standing under the laws of Tennessee, is duly authorized to transact business within the State, is not in violation of any provisions of its organizational documents or to the best of the Developer's knowledge the laws of the State or California, has the power and authority to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its governing body. (b) The Developer will construct, or cause to be constructed, the Minimum Improvements in accordance with the terms of this Agreement, the Redevelopment Plan, the development agreement with Wal -Mart Stores, Inc. or any Affiliate thereof, the.PUD and all local, State and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations), except for variances necessary to construct the Minimum Improvements contemplated in the Construction Plans approved by the City. c The Developer will obtain or cause to be maintained in a timely O p � Y manner, all required permits, licenses and approvals, and will meet 1n a timely manner, all requirements of q p � PP Y q all applicable ppl cable local, state, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. . (d) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of the terms and conditions hereof do not and will not conflict with or result in a breach of any of the terms or conditions of the Developer's organizational documents, any restriction or any agreement or instrument to which the Developer is now a party or by which it is bound or to which any property of the Developer is subject, and do not and will not constitute a default under any of the foregoing. To the best of the Developer's knowledge, the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of the terms and conditions thereof do not and will not result in a violation of any order, decree, statute, rule or regulation of any court or of any state or federal regulatory body having jurisdiction over Developer or its properties, including its interest in the Development, and do not and will not result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of Developer contrary to the terms of any instrument or agreement to which Developer is a party or by which it is bound. (e) The execution and delivery of this Agreement will not create a conflict of interest prohibited by Minnesota Statutes, Section 412.311, as amended, or any successor statute. 9 383012v7 BR291 -304 (f) The Developer would not construct the Minimum Improvements but for the execution of this Agreement and the tax increment financing assistance made available hereunder. (g) The Developer will fully cooperate with the Authority and the City with respect to any litigation commenced by third parties with respect to the activities contemplated by this Agreement. (h) There are no pending or threatened legal proceedings, other than by Sears Holdings Corporation (or an affiliate) as disclosed to the Authority, of which the Developer has notice, contemplating the liquidation or dissolution of the Developer or threatening its existence, or seeking to restrain or enjoin the transactions contemplated by the Agreement, or questioning the authority of the Developer to execute and deliver this Agreement or the validity of this Agreement. (i) The Developer has not received any notice from any local, State or federal official that the activities of the Developer or the Authority with respect to the Development Property may or will be in violation of any environmental law or regulation. The Developer is not aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure, and the Developer is not aware of any violation of any local, State or federal law, regulation or review procedure which would give any person a valid claim under any state or federal environmental statute. 0) . The Developer warrants that it has obtained financing commitments to finance construction of the Minimum Improvements in amounts which will be sufficient to enable the Developer to successfully complete the Minimum Improvements in conformance with the Construction Plans. (k) The Developer will cooperate fully with the Authority and the City in the resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. (1) The Developer expects that the construction of the Minimum Improvements will begin on or before July 1, 2011 and, barring Unavoidable Delays, will be substantially completed not later than December 31, 2012. (m) The Developer has a legally binding purchase agreement with a third party, not related or affiliated with the Developer, to acquire the Development Property for an aggregate cost of not less than $9,915,250. 10 383012v7 BR291 -304 ARTICLE III CONVEYANCE OF EDA PARCEL Section 3.1 Conveyance of EDA Parcel Upon satisfaction of the conditions set forth in the Purchase Agreement, including but not limited to a public hearing on the sale of the EDA Parcel to the Developer for use as provided in the approved site plan and the PUD and delivery of the Purchase Price Note and the EDA Parcel Mortgage, the Authority will convey the EDA Parcel to the Developer as provided in the Purchase Agreement. Section 3.2 Purchase Price The purchase price to be paid by Developer to the Authority for the EDA Parcel shall be $355,000. The purchase price shall be paid by delivering the Purchase Price Note on the Closing Date. The Developer shall assume or pay all taxes, special assessments and similar governmental impacts due and payable in the year of Closing and all future years so long as the Developer owns the EDA Parcel. Section 3.3 Conveyance Subject to Right of Re- entry The Authority's conveyance of the EDA Parcel to the Developer pursuant to the Purchase Agreement will be made subject to a right of re -entry for breach of conditions subsequent in favor of the Authority. The condition subsequent arrin g Y Y the uen t is that any Unavoidable Delays, Developer shall commence construction in accordance with an approved site plan beyond the point of site preparation within 12 months of the Closing Date. If Developer breaches such condition subsequent, the Authority may elect to exercise its right of re -entry by commencing an action in Hennepin County District Court to establish the breach of the condition subsequent. If the Authority establishes a breach of the condition subsequent, title to and the right to possession of the EDA Parcel and title to all improvements located thereon reverts to the Authority, and the Developer is not entitled to any compensation from the Authority or the City for the value of any improvements the Developer has made to the EDA Parcel. The Developer shall notify the Authority when the construction in accordance with an approved site plan on the EDA Parcel has commenced beyond the point of site preparation. If the Authority determines construction in accordance with an approved site plan has commenced beyond the point of site preparation, the Authority will furnish to the Developer a Certificate of Release, releasing the EDA Parcel from the Right- of -Re- Entry. The Developer must record the Certificate of Release in the proper County Land Records. 11 383012v7 BR291 -304 ARTICLE IV CONSTRUCTION OF MINIMUM IMPROVEMENTS Section 4.1 Planned Unit Development Developer has obtained City approval of a planned unit development for the Development Property, the Midas Parcel and the EDA Parcel ( "PUD ") and a preliminary plat and final plat of the Development Property, the Midas Parcel and the EDA Parcel and has or is, contemporaneously with Developer's execution of this Agreement, entering into a development agreement (the "PUD Agreement ") that addresses planning and land use requirements. Section 4.2 Construction Plans (a) Prior to the commencement of construction of the Minimum Improvements, the Developer will deliver to the Authority the Construction Plans and a sworn construction cost statement certified by the Developer and the general contractor (the "Sworn Construction Cost Statement ") for the Minimum Improvements. Within thirty (30) days after receipt of the Construction Plans and the Sworn Construction Cost Statement the Authority shall review the Construction Plans and deliver to the Developer a written statement approving the Construction Plans or a written statement rejecting the Construction Plans and specifying the deficiencies in the Construction Plans. The Authority shall approve the Construction Plans if. (i) the Construction Plans substantially conform to the terms and conditions of this Agreement and the PUD; (ii) the Construction Plans are consistent with the goals and objectives of the Redevelopment Plan; and (iii) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations except as set forth in approved variances (provided, however, that a finding of no such violations does not necessarily constitute a finding that the Construction Plans meet all requirements of such federal, State or local laws, ordinances, rules or regulations). If the Construction Plans are not approved by the Authority, then the Developer shall make such changes as the Authority may reasonably require and resubmit the Construction Plans to the Authority for approval. Thereafter, the parties shall negotiate in good faith regarding final approval of Construction Plans for that building. The Authority's approval shall not be unreasonably withheld or delayed. Said approval shall constitute a conclusive determination that the Construction Plans (and the subject Improvements, constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto. (b) The approval of Construction Plans, or any proposed amendment to the Construction Plans, by the Authority for purposes of this Agreement does not constitute a representation or warranty by the Authority that any of the Construction Plans or the Minimum Improvements comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Minimum Improvements will meet the qualifications for issuance of a certificate of occupancy, or that the Minimum Improvements will meet the requirements of the Developer or any other users of the Minimum Improvements. Approval of the Construction Plans, or any proposed amendment to any of the Construction Plans, by the Authority will not constitute a waiver of an Event of Default. Nothing in this Development Agreement shall be construed to relieve the Developer of its 12 3830120 BR291 -304 obligations to receive approval of the Construction Plans and necessary construction permits from the City. Section 4.3 Construction of Minimum Improvements Subject to the terms and conditions of this Agreement, the Developer agrees to construct, or cause to be constructed, the Minimum Improvements on the Development Property in substantial conformance with the approved Construction Plans for the Minimum Improvements. No changes shall be made to the Construction Plans for any of the Minimum Improvements without the Authority's prior written approval unless such changes do not decrease the total amount set forth in the Sworn Construction Cost Statement delivered pursuant to Section 4.2 hereof by more than 5 %. In no event may any changes affect the quality, exterior design or materials included in the Construction Plans unless such changes are approved by Authority. The Authority agrees that its approval will not be unreasonably withheld or delayed. Section 4.4 Commencement and Completion of Construction (a) Subject to the terms and conditions of this Agreement, the Developer will commence construction of the Minimum Improvements by July 1, 2011 and, barring Unavoidable Delays, will cause the Minimum Improvements to be substantially completed not later than December 31, 2012. The term "commence" means the making of visible improvements, including without limitation asbestos abatement and subsurface excavation but excluding mere surface grading. (b) The Developer will construct, or cause to be constructed, the Minimum • Improvements on the Development Property in substantial conformity with the Construction Plans approved by the Authority and the PUD. Prior to delivery of the Certificate of Completion referred to in Section 4.8 hereof, upon the request of the Authority, the Developer will provide the Authority reasonable access to the Development Property. Reasonable access means at least one ite s inspection er week during regular business hours. During construction of the p g g g Minimum Improvements, the Developer will deliver quarterly progress reports to the Authority. (c) In addition to the Minimum Improvements, the Developer expects to construct 239,000 square feet of Additional Improvements on the Developer Property. The parties agree and understand that, while Developer has no obligation under this Agreement to construct anything other than the Minimum Improvements; nevertheless, the Developer shall submit Construction Plans for all Additional Improvements in accordance with Section 4.2 and comply with Sections 4.1 through 4.8 except as otherwise provided herein. For all Additional Improvements, no construction schedule or sworn construction cost statement is required. Section 4.5 Effect of Delay The Developer acknowledges that if construction of the Minimum Improvements is delayed or not completed, the effect of such delay or failure to complete may be to reduce the amount of the Tax Increment available to pay the TIF Note. The Developer acknowledges that if construction of the Additional Improvements is delayed or not completed, the effect of such delay or failure to complete may be to reduce the amount of the Additional Improvements Forgivable Loan which may be deemed paid. The Developer acknowledges that if construction of the Minimum Improvements is not commenced on or before July 1 2011 > the tax increment assistance set forth in Sections 5.2 and 5.4 will not be available. 13 383012v7 BR291 -304 Section 4.6 Compliance with Environmental Requirements The Developer shall comply with all applicable local, State, and federal environmental laws and regulations, and will obtain, and maintain compliance under, any and all necessary environmental permits, licenses, approvals or reviews. As of the date of this Agreement, the Developer has received no notice or communication from any local, State, or federal official that the activities of the Developer or the Authority under this Agreement may be or will be in violation of any environmental law or regulation. Section 4.7 Additional Responsibilities of the Developer (a) The Developer will construct, operate and maintain, or cause to be constructed, operated and maintained, the Minimum Improvements substantially in accordance with the terms of this Agreement, the Redevelopment Plan, the PUD and all local, State, and Federal laws and regulations (including, but not limited to zoning, building code, public health laws and regulations, except for variances necessary to construct the Minimum Improvements contemplated in the Construction Plans approved by the Authority. (b) The Developer will obtain, or cause to be obtained, in a timely manner, all required permits, licenses, and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. The Authority makes no representations or warranties that all permits or licenses that may be required by State and federal entities, other than the Authority, have been or will be approved. (c) The Developer will not construct any building or other structures on, over, or within the boundary lines of any public utility easement unless such construction is provided for in such easement or has been approved by the City. (d) Except as provided in any development plans attached to the PUD, the Developer, at its own expense, will replace any public facilities and public utilities damaged during the construction of the Minimum Improvements, in accordance with the technical specifications, standards and practices of the owner thereof. Section 4.8 Prevailing Wages; Underemployed Local Labor In connection with the renovation and construction of the Minimum Improvements and any Additional Improvements constructed by the Developer, the Developer shall either: (a) comply with Minnesota prevailing wage laws, Minnesota Statutes, Sections 177.41 through 177.44; provided however, all references in Section 177.43 Subdivisions 6 and 6a to the "Department of Labor and Industry ", or the "department ", or the "commissioner" shall be deemed to refer to the Authority. The prevailing wage rates published by the Minnesota Department of Labor and Industry for Hennepin County are attached hereto as Exhibit G and incorporated by reference; or (b) contract with construction companies headquartered in Minnesota and provide in any such contract that in accordance with the Workforce Plan attached as Exhibit J, the contractor will use its best efforts to employ Brooklyn Center residents, and unemployed and underemployed citizen of the north area of Hennepin County. In addition, the contractor shall 14 383012v7 BR291 -304 require that each subcontractor commit to a hiring goal of at least 20% of their employees being residents of Brooklyn Center with zip codes in the 55429 and 55430 areas. Section 4.9 Certificate of Completion The Developer shall notify the Authority when the construction of the Minimum Improvements has been completed. The Authority shall, within 14 days after such notification, inspect the Minimum Improvements in order to determine whether the Minimum Improvements have been constructed in substantial conformity with the approved Construction Plans. If the Authority determines that the Minimum Improvements have not been constructed in substantial conformity with the approved Construction Plans, the Authority shall, within 28 days after the Developer's notification of completion of construction, deliver a written statement to the Developer indicating in adequate detail the specific respects in which the Minimum Improvements have not been constructed in substantial conformity with the approved Construction Plans and the Developer shall promptly remedy such deficiencies, or cause such deficiencies to be remedied. If the Authority determines that the Minimum Improvements have been constructed in substantial conformity with the applicable approved Construction Plans, the Authority shall furnish to the Developer a Certificate of Completion in the form attached hereto as Exhibit B certifying the completion of the Minimum Improvements. Y g P P The Certificate of Completion issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to construct the Minimum Improvements only. The issuance of a Certificate of Completion shall not be construed to relieve the Developer of any approval required by any City department in connection with the construction, completion or occupancy of the Minimum Improvements nor shall it relieve the Developer of any other obligations under this Agreement. a 15 383012v7 BR291 -304 i ARTICLE V TAX INCREMENT ASSISTANCE Section 5.1 Creation of Tax Increment District and Approval of Tax Increment Financing Plan The Authority has taken all necessary actions to create and establish the Tax Increment District. The Developer represents that the estimated market values, construction costs, acquisition costs, projected rentals, development costs and other information provided to the Authority's fiscal consultant reflect the reasonable expectations of the Developer. The Developer has made its own projections of Tax Increment to be generated from the Development and any Additional Improvements and the Developer has not relied on any assumptions, calculations, determinations or conclusions made by the City, the Authority, their governing body members, officers or agents, including the independent contractors, consultants and legal counsel, servants and employees thereof, with respect to the foregoing Section 5.2 Minimum Improvements Forgivable Loan (a) The Authority shall lend the Developer, solely from TIF 2 Available Tax Increment, an amount equal to the lesser of $1,400,000 or the sum of the cost of the Development Property and other Eligible Costs actually incurred and paid by the Developer (the "Minimum Improvements Forgivable Loan "). The Developer shall submit a settlement statement i and paid invoices for Eligible Costs not previously reimbursed not later than December 1, 2011. The Authority shall have no obligation to make such payment unless and until: (i) the Developer has commenced the asbestos abatement necessary for Developer's demolition of existing buildings on the Development Property on or before July 1, 2011; (ii) the Developer has closed on the acquisition of the Development Property; (iii) the Developer has delivered the Minimum Improvements Forgivable Note in the form attached as Exhibit H; (iv) the Developer has delivered the Lots 15 and 16 Mortgage. (b) Except as provided in Section 5.2(c), the Developer shall repay the principal amount of the Minimum Improvements Forgivable Loan plus accrued interest thereon at the rate of 6% per annum on December 31, 2012. (c) The principal of and interest on the Minimum Improvements Forgivable Loan shall be deemed paid if, at any time on or prior to December 31, 2012, the Developer meets each of the following conditions: (i) the City has approved the PUD; (ii) the Developer has closed on the Construction Loan in an amount sufficient to finance Developer's share of the cost of the Minimum Improvements and has entered 16 3830120 BR291 -304 into a Development Agreement with Walmart that obligates Walmart to pay Walmart's share of the cost of the Minimum Improvements; (iii) in accordance with Section 4.2, the Developer has submitted the Construction Plans for the Minimum Improvements to the Authority, and the Authority shall have approved the same; (iv) the Developer has commenced construction of the Minimum Improvements by July 1, 2011 (the term "commence" means the making of visible improvements, including without limitation asbestos abatement and subsurface excavation but excluding mere surface grading); and (v) a building permit for the construction of the Walmart Supercenter has been issued and construction has commenced at least to the point of footings and foundations; (vi) (vi) No Developer "Event of Default" exists. Section 5.3 Issuance of TIF Note The Authority shall reimburse the Developer for Eligible Costs in an amount equal to the lesser of $2,300,000 or the Eligible Costs actually incurred and paid by the Developer and not previously reimbursed (the "Reimbursement Amount ") exclusively through the issuance of the Authority's TIF Note in substantially the form attached to this Agreement as Exhibit F, subject to the following conditions: (a) the TIF Note shall be dated, issued in a principal amount equal to the Reimbursement Amount and delivered to the Developer when the Developer shall have demonstrated in writing to the reasonable satisfaction of the Authority that (A) the Developer has satisfied all of the conditions set forth in Section 5.2(c); (B) construction of the Walmart Supercenter has been substantially completed; (C) the Developer has substantially completed the Minimum Improvements; and (D) the Developer has submitted signed settlement statements showing the cost of the Development Property and submitted paid invoices for any other Eligible Costs not previously reimbursed in an amount not less than the Reimbursement Amount. (b) The unpaid principal amount of the TIF Note shall bear simple, non - compounding interest from the date of issuance of the TIF Note, at a rate per annum equal to 6.00% per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30 -day months. (c) The principal amount of the TIF Note and the interest thereon shall be payable solely and exclusively from the Available Tax Increments. (d) On each TIF Note Payment Date and subject to the provisions of the TIF Note, the Authority shall pay, solely from the Available Tax Increments received by the Authority during the preceding 6 months (or, with respect to the first TIF Note Payment Date, in the period commencing on the date of issuance of the TIF Note through the day prior to the first TIF Note Payment Date) to the extent of the outstanding principal and accrued interest on the TIF Note. All such payments shall be applied first to the payment of accrued interest and then to the payment of the principal of the TIF Note. 17 3830120 BR291 -304 (e) The TIF Note shall be a special and limited obligation of the Authority and not a general obligation of the Authority or the City, and only Available Tax Increments shall be used to pay the principal and interest on the TIF Note. If, on any TIF Note Payment Date, the Available Tax Increments for the payment of the accrued and unpaid interest on the TIF Note are insufficient for such purposes, the difference shall be carried forward, without interest, and shall be paid if and to the extent that on a future TIF Note Payment Date there are Available Tax Increments in excess of the amounts needed to pay the accrued interest then due on the TIF Note. (0 The Authority's obligation to make payments on the TIF Note on any TIF Note Payment Date or any date thereafter shall be conditioned upon the requirement that there shall not at that time be a Developer Event of Default that has occurred and is continuing under this Agreement, the PUD Agreement or any issued permits for the Project. (g) The TIF Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit F. In the event of any conflict between the terms of the TIF Note and the terms of this Section 5.3, the terms of the TIF Note shall govern. The issuance of the TIF Note pursuant and subject to the terms of this Agreement, and the taking by the Authority of such additional actions as bond counsel for the TIF Note may require in connection therewith, are hereby authorized and approved by the Authority. Section 5.4 Additional Improvements Forgivable Loan (a) The Authority shall lend to the Developer, solely from TIF 2 Available Tax Increment, an amount equal to the lesser of $1,000,000 or the cost of the Development Property actually ncurred and aid b the Developer. The Developer acknowledges that the Authority is Y P Y P P g Y loaning such amount to the Developer (the "Additional Improvements Forgivable Loan "). The Developer shall submit a settlement statement showing the cost of the Development Property paid by the Developer not later than December 1, 2011. The Authority shall have no obligation to make such payment until: (i) the Developer has closed on the acquisition of the Development Property; (ii) the Developer has commenced the asbestos abatement necessary for Developer's demolition of existing buildings on the Development Property on or before July 1, 2011; (iii) the Developer has delivered the Additional Improvements Forgivable Note in the form attached as Exhibit E; (iv) the Developer has delivered the Kohl's Mortgage. (b) Except as provided in Section 5.4(c) or (d), the Developer shall repay the principal amount of the Additional Improvements Forgivable Loan plus accrued interest thereon at the rate of 6% per annum on the Additional Improvements Note Maturity Date. (c) If, on or before the Note Maturity Date, the Developer (i) constructs (or, in the case of the Food Court Building, renovates) and obtains certificates of occupancy for not less than 239,000 square feet of buildings constituting Additional Improvements on the Phase H 18 383012v7 BR291 -304 Parcels, and (ii) no Event of Default exists hereunder, the principal of and interest on the Additional Improvements Forgivable Loan shall be deemed paid in full and the Authority shall satisfy and release the Kohl's Parcel Mortgage on such date. (d) If, on or before the Note Maturity Date, the Developer i) constructs (or, in the case of the Food Court Building, renovates) and obtains certificates of occupancy for less than 239,000 square feet of buildings constituting Additional Improvements on the Phase II Parcels, and (ii) no Event of Default exists hereunder, the principal of and interest on the Additional Improvements Forgivable Loan shall be deemed paid on the Note Maturity Date in an amount determined by multiplying the principal amount of the Additional Improvements Forgivable Loan by a fraction, the numerator of which is the square footage of Additional Improvements for which the Developer has obtained certificates of occupancy b the Note Maturity Date and the P p Y Y n denominator of which is $239,000. The Develop er shall repay the remaining balance of the accrued interest thereon on the Note Maturity Additional Improvements Forgivable Note plus a Y P g P Date and the Authority shall satisfy and release the Kohl's Parcel Mortgage upon receipt of such payment. (e) During construction, marketing, leasing and sales of the Additional Improvements, the Developer will deliver quarterly progress reports to the Authority. Section 5.5 Midas Property Assistance Upon the acquisition by the Developer of the Midas Parcel, the Authority shall reimburse the Developer, solely from TIF 2 Available Tax Increment, for the lesser of $190,000 or the cost of the Midas Property actually incurred and paid • by the Developer. The Developer shall submit a settlement statement showing the cost of the Midas Property paid by the Developer not later than December 1, 2011. Section 5.6 Review of Taxes The Developer acknowledges that the primary source of money to pay debt service on the TIF Note and the Interfund Loan is the Available Tax Increment derived from the Development Property and improvements thereon, including the p P Y any P Minimum Improvements, the Walmart Supercenter and the Additional Improvements. The Developer further acknowledges that any of the following actions taken by the Developer could reduce such Tax Increment below the amount necessary to pay a portion or all of the payments due on the TIF Note and the Interfund Loan. (a) Initiation of administrative or judicial review of the applicability of any tax statute determined by any Tax Official to be applicable to the Development Property and any improvements thereon, including the Minimum Improvements, the Walmart Supercenter and the Additional Improvements. (b) Initiation of administrative or judicial review of the constitutionality of any tax statute determined by any Tax Official to be applicable to the Development Property Property and any improvements thereon, including the Minimum Improvements, the Walmart Supercenter and the Additional Improvements. (c) A reduction in the real property taxes paid with respect to the Development Property and any improvements thereon, including any reduction in the Market Value of the Development Property and any improvements thereon, including the Minimum Improvements, 19 383012v7 BR291 -304 Parcels, and (ii) no Event of Default exists hereunder, the principal of and interest on the Additional Improvements Forgivable Loan shall be deemed paid in full and the Authority shall satisfy and release the Kohl's Parcel Mortgage on such date. (d) If, on or before the Note Maturity Date, the Developer i) constructs (or, in the case of the Food Court Building, renovates) and obtains certificates of occupancy for less than 239,000 square feet of buildings constituting Additional Improvements on the Phase II Parcels, and (ii) no Event of Default exists hereunder, the principal of and interest on the Additional Improvements Forgivable Loan shall be deemed paid on the Note Maturity Date in an amount determined by multiplying the principal amount of the Additional Improvements Forgivable Loan by a fraction, the numerator of which is the square footage of Additional Improvements for which the Developer has obtained certificates of occupancy by the Note Maturity Date and the denominator of which is 239,000. The Developer shall repay the remaining balance of the Additional Improvements Forgivable Note plus accrued interest thereon on the Note Maturity Date and the Authority shall satisfy and release the Kohl's Parcel Mortgage upon receipt of such payment. (e) During construction, marketing, leasing and sales of the Additional Improvements, the Developer will deliver quarterly progress reports to the Authority. Section 5.5 Midas Property Assistance Upon the acquisition by the Developer of the Midas Parcel, the Authority shall reimburse the Developer, solely from TIF 2 Available Tax Increment, for the lesser of $190,000 or the cost of the Midas Property actually incurred and paid • by the Developer. The Developer shall submit a settlement statement showing the cost of the Midas of later than December 1 2011. Ml Property aid b the Developer n P YP Y P Section 5.6 Review of Taxes The Developer acknowledges that the primary source of money to pay debt service on the TIF Note and the Interfund Loan is the Available Tax Increment derived from the Development Property and any improvements thereon, including the Minimum Improvements, the Walmart Supercenter and the Additional Improvements. The Developer further acknowledges that any of the following actions taken by the Developer could reduce such Tax Increment below the amount necessary to pay a portion or all of the payments due on the TIF Note and the Interfund Loan. (a) Initiation of administrative or judicial review of the applicability of any tax statute determined by any Tax Official to be applicable to the Development Property and any improvements thereon, including the Minimum Improvements, the Walmart Supercenter and the Additional Improvements. (b) Initiation of administrative or judicial review of the constitutionality of any tax statute determined by any Tax Official to be applicable to the Development Property Property and any improvements thereon, including the Minimum Improvements, the Walmart Supercenter and the Additional Improvements. (c) A reduction in the real property taxes paid with respect to the Development Property and any improvements thereon, including any reduction in the Market Value of the Development Property and any improvements thereon, including the Minimum Improvements, 19 383012v7 BR291 -304 the Walmart Supercenter and the Additional Improvements, that is made without a request or petition of the Developer, a reduction in the tax classification of the Development Property and any improvements thereon, including the Minimum Improvements, the Walmart Supercenter and the Additional Improvements, under Minnesota Statutes, Section 273.13, or any successor statute, a reduction in the local tax rates applicable to the Development Property and any improvements thereon, including the Minimum Improvements, the Walmart Supercenter and the Additional Improvements, or any change to the method of taxing real property that has the effect of reducing the revenues derived from such taxes. (d) Any application for an abatement or deferral of real property taxes under any applicable statute of the State. (e) Other actions or events outside the control of the Developer or outside the control of the City or the Authority, including a reduction in the Market Value of the Development Property, the Walmart Supercenter and the Minimum Improvements that are made without a request or petition of the Developer, a reduction in the tax classification of the Development Property, the Walmart Supercenter and the Minimum Improvements under Minnesota Statutes, Section 273.13, or any successor statute, a reduction in the local tax rates applicable to the Development Property, the Walmart Supercenter Minimum Improvements, or any and the p change to the method of taxing real property that has the effect of reducing t he revenues derived from such taxes. (f) Failure of the Developer to commence and complete the Minimum Improvements by the times set forth in Section 4.4 hereof and the Additional Improvements prior to the Additional Improvements Note Maturity Date or failure of the Walmart Supercenter to b e constructed. Section 5.7 Use of Tax Increments The Authority free to e the Tax TIF Increment, other than the Available Tax Increment herein pledged g to he payment Note or as otherwise specifically set forth herein, for any other purpose for which the Tax I Increment may law full y be used P ursuant to applicable rov of the Minnesota law; 'cable provisions pp p including but not limited to repayment of the Interfund Loan of the assistance provided to the Developer from TIF District No. 2 as set forth herein. Section 5.8 Business Subsidy Act The County assessor has estimated the current year's market value of the Development Property to be $16,980,000. The Developer represents that the Developer's investment (net of amounts paid pursuant to this Agreement or by Wal -Mart Stores, Inc.) in acquisition and site preparation of the Development Property will be not less than $13,060,454. The Developer represents that because its investment in the purchase price and cost of site preparation for the Development Property will equal 70% or more of the assessor's current year's estimated market value of the Development Property the assistance for the ute a "business subsidy" and therefore the provisions of the Development does not constitute settlement statement s) . submit aid s ettle 1 The Developer shall s p Business Subsidy Law do not apply. P and invoices for acquisition and site preparation costs in an amount not less than $11,886,000 not later than April 1, 2012. i 20 3830120 BR291 -304 ARTICLE VI ENCUMBRANCE OF THE DEVELOPER PROPERTY Section 6.1 Encumbrance of the Developer Property Neither the Developer nor any successor in interest to the Developer will engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Developer Property, or portion thereof, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Developer Property except only for the purpose of (a) obtaining funds to the extent necessary for financing the costs of the Minimum Improvements and Additional Improvements (including, but not limited to, land and building acquisition, labor and materials, professional fees, real estate taxes, construction interest, organization and other indirect costs of development, costs of constructing the Minimum Improvements and Additional Improvements, and an allowance for contingencies) or (b) securing Developer's obligations to Wal -Mart Stores, Inc. or any Affiliate thereof under the Development Agreement between the Developer and Wal -Mart Stores, Inc. or such Affilate, but only with respect to real property other than the Kohl's Parcel or the EDA Parcel. Section 6.2 Copy of Notice of Default to Mortgagee If the Authority delivers any notice or demand to the Developer with respect to any Event of Default under this Agreement, the Authority will also deliver a copy of such notice or demand to the mortgagee of any mortgage on the Developer Property (a "Mortgage ") at the address of such mortgagee provided to the Authority in a written notice from the Developer or the mortgagee. Section 6.3 Mortgagee's Option to Cure Events of Default Upon the occurrence of an Event of Default, the mortgagee under any Mortgage will have the right, at its option, to cure or remedy such Event of Default. Section 6.4 Defaults Under Mortgage The Developer will use its best efforts to obtain an agreement from any mortgagee under a Mortgage that, in the event the Developer is in default under any Mortgage, the mortgagee, within ten (10) days after it becomes aware of any default and prior to exercising any remedy available to it due to such default, will notify the Authority in writing of (i) the fact of default; (ii) the elements of default; and (iii) the actions required to cure the default. If, within the time period required by the Mortgage, the Authority cures any default under the Mortgage, the mortgagee will pursue none of its remedies under the Mortgage based on such default. Section 6.5 Subordination of Agreement In order to facilitate the obtaining of financing for the construction of the Minimum Improvements, the Authority agrees to execute a subordination agreement in form and substance mutually acceptable to the Authority and a Construction Lender to subordinate the provisions of this Development Agreement, the Kohl's Mortgage, the Lots 5 and 6 Mortgage and the EDA Parcel Mortgage to the documents executed in connection with the Construction Loan. 21 383012v7 BR291 -304 ARTICLE VII INSURANCE AND MAINTENANCE Section 7.1 Insurance (a) The Developer will cause to be maintained at all times during the process of . renovating or constructing the Additional Improvements the Developer owns, and, from time to time during that period, at the request of the Authority, furnish the Authority with proof of payment of premiums, on policies covering the following: (i) Builder's risk insurance, written on the so- called "Builder's Risk >n an amount equal to the ompleted Value Basis, replacement value of the relevant q p Improvements, and with coverage available in non - reporting form on the so- called "all risk" form of policy. The interest of the Authority, to the extent insurable, shall be protected in accordance with a clause in form and content satisfactory to the Authority, or in the alternative, provide similar coverage in a form and content satisfactory to Developer's Construction Lender which provides substantially similar coverage to the Authority; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations, and contractual liability insurance) together with an Owner's Protective Liability Policy with limits against bodily injury and property damage of not less than $2,000,000 for each occurrence (to accomplish the above - required limits, an umbrella excess liability policy may be used). The Authority shall be listed as an additional insured on the policy; and (iii) Workers' compensation insurance, with statutory coverage, provided that the Developer may be self - insured with respect to all or any part of its liability for workers' compensation. (b) Upon completion of construction of the Additional Improvements the Developer owns and prior to the Maturity Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and /or damage to the Additional Improvements the Developer owns under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $2,0.00,000 and shall be endorsed to show the City and Authority as additional insureds. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by 22 383012v7 BR291 -304 like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self - insured with respect to all or any part of its liability for workers' compensation. (c) All insurance required in Article VII of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Developer that are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Developer will deposit annually with the Authority a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article VII of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Developer and the Authority at least 30 days before the cancellation or modification becomes effective. In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Developer shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Additional Improvements the Developer owns. (d) The Developer agrees to notify the Authority immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Developer will forthwith repair, reconstruct, and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction, and restoration, the Developer will apply the net proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. (e) The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, regardless of whether the net proceeds of insurance received by the Developer for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, construction, and restoration shall be the property of the Developer. (f) In lieu of its obligation to reconstruct Minimum Improvements as set forth in this Section, the Developer shall have the option of cancelling the TIF Note and delivering the cancelled TIF Note to the Authority. (g) All insurance requirements set forth in this Article VII terminate upon the earlier of the final Payment Date of the TIF Note or termination of this Agreement. Section 7.2 Subordination Notwithstanding anything to the contrary herein, the rights of the Authority with respect to the receipt and application of any insurance proceeds shall, in all respects, be subordinate and subject to the rights of any mortgagee under a Mortgage allowed pursuant to Article VI of this Agreement. Section 7.3 Maintenance and Operation of the Development and any Additional Improvements The Developer will at all times during the term of this Agreement operate and 23 383012v7 BR291 -304 maintain the Development or cause the Development and any Additional Improvements the Developer owns to be operated and maintained in a safe and secure way and in compliance with this Agreement and all federal, State and local laws, regulations, rulings and ordinances a pp P PY Y expenses applicable thereto. Developer shall a all of the reasonable and necessar of the operation and maintenance of the Development and an Additional Improvements the Developer p Y p p owns, including all premiums for insurance insuring against loss or damage thereto and adequate insurance against liability for injury to persons or property arising from the Development and any Additional Improvements the Developer owns as required pursuant to this Agreement. Developer shall not knowingly cause any person working in or attending the Development or any Additional Improvements the Developer owns, to be exposed to any hazardous or unsafe condition; provided that Developer shall not be in default hereunder if it has required the contractors employed by Developer to perform work on the Development or any Additional Improvements the Developer owns to take such precautions as may be available to protect the persons in and around the Development and any Additional Improvements the Developer owns from hazards arising from the work, and has further required each such contractor to obtain and maintain liability insurance protecting against liability to persons for injury arising from the work. The expenses of operation and maintenance of the Development and any Additional Improvements the Developer owns shall be borne solely by Developer. 24 383012v7 BR291 -304 ARTICLE VIII TRANSFER LIMITATIONS AND INDEMNIFICATION Section 8.1 Representation as to Development The Developer represents to the Authority that its purchase of the Development Property, and its other undertakings under this Agreement, are for the purpose of developing commercial facilities, and not for the purpose of speculation in land holding. The Developer acknowledges that, in view of the importance of the development of the Development Property to the general welfare of the Authority and the City, and the substantial financing and other public aids that have been made available by the Authority for the purpose of making such development possible, the qualifications and identity of the Developer are of particular concern to the Authority. The Developer further acknowledges that the Authority is willing to enter into this Agreement with the Developer because of the qualifications and identity of the Developer. Section 8.2 Limitations on Transfer (a) (a) The Developer may, without prior written notice to the Authority, mortgage, sell, assign, convey or transfer in any other mode or manner, all or a portion of this Agreement, the Developer Property, the Minimum Improvements or the Additional Improvements to a Construction Lender providing a Construction Loan for the Minimum Improvements or the Additional Improvements. The Developer also may, in the regular course of business and without prior written notice to the Authority, sell, assign, convey, lease or transfer in any other mode or manner all or any portion of the Development Property in the following: (i) to an Affiliate of the Developer; (ii) to Wal -Mart Stores, Inc or its Affiliate, the Wal -Mart Parcel; (iii) to a tenant renting a portion of the Development or any Additional Improvements; (iv) to a purchaser acquiring a portion of the Developer Property in connection with the development of an approved site plan in accordance with the PUD; (v) all or any part of the Developer Property and/or all or part of the Minimum Improvements or the Additional Improvements, where such action is necessary to secure easements or other encumbrances necessary for the Minimum Improvements. Except as specifically allowed under this Section, the Developer will not sell, assign, convey, lease or transfer in any other mode or manner this Agreement, the Developer Property or the Minimum Improvements, or any interest therein, without the express written approval of the Authority. 25 383012v7 BR291 -304 (b) Except as provided in Subsection (a) of this Section, the Authority shall be • entitled to require, as conditions to any approval of any sale, assignment, conveyance, use or transfer requiring approval of the Authority under this Section that: (i) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer; (ii) Any proposed transferee, by instrument in writing satisfactory to the Authority and in form recordable among the land records shall, for itself and its successors and assigns, and expressly for the benefit of the Authority have expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to all the conditions and restrictions to which the Developer is subject. (iii) There shall be submitted to the Authority for review all instruments and other legal documents involved in effecting transfer, and if approved by Authority, its approval shall be indicated to the Developer in writing; (iv) The Developer and its transferee shall comply with such other conditions as the Authority may find desirable in order to achieve and safeguard the purposes of the TIF Act and this Agreement; and (v) In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Developer from any of its obligations hereunder. Section 8.3 Indemnification (a) The Developer releases the Authority, the City, their governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively the "Indemnified Parties ") from any loss or damage to property or any injury to or death of any person occurring at or about or resulting om an defect in the Development and an Additional Improvements to g Y p Y p the extent not attributable to the gross negligence or intentional misconduct of the Indemnified Parties or, with respect to any loss or damage arising or purportedly arising from the actions or inactions of the Indemnified Parties in connection with the installation of a sanitary sewer on the Development Property, the negligence of the Indemnified Parties. (b) Except for gross negligence or intentional misconduct of the Indemnified Parties, the Developer agrees to indemnify the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claims, demands, suits, costs, expenses (including reasonable attorneys' fees) actions or other proceedings whatsoever (a "Claim ") by any person or entity whatsoever arising or purportedly arising from the actions or inactions of the Developer (or if other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of, or any defect in, the Development and any Additional Improvements; including, without limitation, any Claim by a land owner or tenant located on the Development Property to be entitled to relocation costs and expenses; but excluding any Claim arising or 26 383012v7 BR291 -304 purportedly arising from the actions or inactions of the Indemnified Parties in connection with the installation of a sanitary sewer on the Development Property. (c) Neither the Authority nor the City makes any warranties or representations regarding, nor do they indemnify the Developer with respect to, the existence or nonexistence on or in the vicinity of the Development Property or anywhere within the Tax Increment District of any toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, or any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( "CERCLA "), 42 U.S.C. §§ 961 -9657, as amended) (collectively, the "Hazardous Substances "). The foregoing disclaimer relates to any Hazardous Substance allegedly generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on or in the vicinity of the Development Property or within the Tax Increment District, as well as any activity claimed to have been undertaken on or in the vicinity of the Development Property that would cause or contribute to causing (1) the Development Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Development Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ( "RCRA "), 42 U.S.C. § 691 et seq., or any similar state law or local ordinance, (2) a release or threatened release of toxic or hazardous wastes or substances, pollutants or contaminants, from the Development Property within the meaning of, or otherwise bring the Development Property within the ambit of, CERCLA, or any similar state law or local ordinance, or (3) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., or any similar state law or local ordinance. Further, neither the Authority nor the City makes any warranties or representations regarding, nor does either the Authority or the City make any indemnify the Developer with respect to, the existence or nonexistence on or in the vicinity of the Development Property or anywhere within the Tax Increment District of any substances or conditions in or on the Development Property that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including without limitation, the Minnesota Environmental Response and Liability Act, Minnesota Statutes, Chapter 115C. (d) The Developer waives any claims against the Indemnified Parties, for indemnification, contribution, reimbursement or other payments arising under federal and state law and. the common law or relating to the environmental condition of the land comprising the Development Property. Section 8.4 Limitation All covenants, stipulations, promises, agreements and obligations of the Authority or the Developer contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority or the Developer, respectively, and not of any governing body member, officer, agent, servant or employee of the Authority, the City or the Developer in the individual capacity thereof. 27 383012v7 BR291 -304 ARTICLE IX EVENTS OF DEFAULT AND DAMAGES Section 9.1 Events of Default Defined Subject to applicable cure periods, the following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: Section 9.2 Developer Events of Default The following shall be Developer Events of Default: (a) the Developer shall fail to begin construction of the Minimum Improvements or, subject to Unavoidable Delays, to proceed with due diligence to complete the Minimum Improvements as provided in Section 4.4 and by the date set forth therein, or the Developer shall default in or violate its obligations with respect to the construction of the Minimum Improvements (including the nature thereof) and such failure, default, or violation, shall not be cured within 30 days after written notice to do so. Notwithstanding the foregoing, if the default reasonably requires more than thirty (30) days to cure, such default shall not constitute an Event of Default, provided that the curing of the default is promptly commenced upon receipt by the Developer of the notice of the default, and with due diligence is thereafter continuously prosecuted to completion and is completed within a reasonable period of time, and provided that Developer keeps the Authority well informed at all times of its progress in curing the default; provided in no event, other than as a result of Unavoidable Delays, shall such additional cure period extend beyond 180 days; (b) there is, in violation of Article VIII of this Agreement, any conveyance or other transfer of the Developer Property or any part thereof, and such violation is not cured within 30 days after written demand by the Authority to the Developer; (c) subject to Unavoidable Delays, failure by Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the PUD Agreement (taking into account the cure periods in the PUD Agreement), and the continuation of such failure for a period of thirty (30) days after written notice of such failure from the Authority. Notwithstanding the foregoing, if the default reasonably requires more than thirty (30) days to cure, such default shall not constitute an Event of Default, provided that the curing of the default is promptly commenced upon receipt by the Developer of the notice of the default, and with due diligence is thereafter continuously prosecuted to completion and is completed within a reasonable period of time, and provided that Developer keeps the Authority well informed at all times of its progress in curing the default; provided in no event, other than as a result of Unavoidable Delays, shall such additional cure period extend beyond 180 days; or (d) the Developer shall (i) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar Federal or State law; or (ii) make an assignment for the benefit of its creditors; or (ii) become insolvent or adjudicated a 28 383012v7 BR291 -304 bankrupt; or if a petition or answer proposing the adjudication of Developer, as a bankrupt or its reorganization under any present or future Federal bankruptcy act or any similar Federal or State law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, or of the Development, or part thereof, shall be appointed in any proceeding brought against Developer, and shall not be discharged within ninety (90) days after such appointed, or if Developer shall consent to or acquiesce in such appointment. Section 9.3 Authority Events of Default Subject to Unavoidable Delays, the failure of the Authority to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement, and the continuation of such failure for a period of thirty (30) days after written notice of such failure from any party hereto shall be an Event of Default for the Authority. Notwithstanding the foregoing, if the default reasonably requires more than thirty (30) days to cure, such default shall not constitute an Event of Default, provided that the curing of the default is promptly commenced upon receipt by the Authority of the notice of the default, and with due diligence is thereafter continuously prosecuted to completion and is completed within a reasonable period of time, and provided that the Authority keeps the Developer well informed at all times of its progress in curing the default; provided in no event, other than as a result of Unavoidable Delays, shall such additional cure period extend beyond 180 days. Section 9.4 Authority Remedies on Default Whenever any Developer Event of Default occurs, the Authority may take any one or more of the following actions: (a) Suspend performance under this Agreement and the TIF Note until it receives assurances from the Developer, deemed adequate by the Authority, that the Developer will cure its default and continue its performance under this Agreement. (b) Withhold the Certificate of Completion for the Minimum Improvements. (c) The Authority may cancel and terminate the Agreement and the TIF Note. (d) Take whatever action at law or in equity may appear necessary or desirable to the Authority to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 9.5 Developer Remedies on Default Whenever any Event of Default occurs by the Authority, the Developer may suspend its performance under this Agreement and/or take whatever action at law or in equity may appear necessary or desirable to the Developer to enforce performance and observance of any obligation, agreement, or covenant of the Authority under this Agreement. Nothing in this Agreement shall entitle the Developer to make any claim against the Authority for any damages whatsoever and the Developer's remedies are strictly limited to the foregoing. Section 9.6 No Remedy Exclusive No remedy herein conferred upon or reserved to the Authority or the Developer is intended to be exclusive of any other available remedy or 29 3830120 BR291 -304 remedies unless otherwise expressly stated but each and ever such remedy shall be cumulative p y y y and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority or the Developer, to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.7 No Additional Waiver Implied by One. Waiver If any agreement contained in this Agreement should be breached by either Party and thereafter waived by the other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 30 383012v7 BR291 -304 ARTICLE X ADDITIONAL PROVISIONS Section 10.1 Conflicts of Interest No member of the Authority or other official of the Authority shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Minimum Improvements, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the Authority or the City shall be personally liable in the event of any default or breach by Developer or successor or on any obligations under the terms of this Agreement. Section 10.2 Titles of Articles and Sections Any titles of the several parts, articles and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.3 Notices and Demands Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any • other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) in the case of Developer, is addressed to or delivered personally to Developer at in the case of the Developer is addressed to or delivered personally to: Gatlin Development Company, Inc. 101 S Main Street Dickson, TN 37055 (b) in the case of the Authority is addressed to or delivered personally to the Authority at: 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Attn: City Administrator or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. Section 10.4 Counterparts This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.5 Law Governing This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. 31 3830120 BR291 -304 Section 10.6 Consents and Approvals In all cases where consents or approvals are required hereunder, such consents or approvals shall not be unreasonably conditioned, delayed or withheld. All consents or approvals shall be in writing in order to be effective. Section 10.7 Representatives Except as otherwise provided herein, all approvals and other actions required of or taken by the Authority shall be effective upon action by the Authority Representative. All actions required of or taken by Developer shall be effective upon action by the Developer Representative. Section 10.8 Superseding Effect This Agreement reflects the entire agreement of the Parties with respect to the matters covered herein, and supersedes in all respects all prior agreements of the Parties, whether written or otherwise, with respect to such matters. Section 10.9 Relationship of Parties Nothing in this Agreement is intended, or shall be construed, to create a partnership or joint venture among or between the Parties, and the rights and remedies of the Parties shall be strictly as set forth in this Agreement. Section 10.10 Term The term of this Agreement shall be effective from the day and year first above written until the earlier of (a) the date this Agreement is terminated pursuant to Section 9.4(d), or (b) the the date that the Authority is no longer receiving Tax Increment from the Tax Increment District. Section 10.11 Venue All matters, whether sounding in tort or in contract, relating to the validity, construction, performance, or enforcement of this Agreement shall be controlled by and determined in accordance with the laws of the State of Minnesota, and the Developer agrees that all legal actions initiated by the Developer or Authority with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued exclusively in the State of Minnesota, Hennepin County, District Court and shall not be removed therefrom to any other federal or state court. Section 10.12 Provisions Surviving Rescission or Expiration Section 8.3 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. 32 383012v7 BR291 -304 IN WITNESS WHEREOF, the Authority and Developer have caused this Agreement to be duly executed in their names and on their behalf, all on or as of the date first above written. ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA By By STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2011 by and , the and of the Economic Development Authority of Brooklyn Center, Minnesota, a body corporate and politic organized and existing under the Constitution and laws of the State of Minnesota, on behalf of said Authority. Notary Public S -1 383012v7 BR291 -304 GATLIN DEVELOPMENT COMPANY, INC., A Tennessee corporation By Its STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2011, by , the of Gatlin Development Company, Inc., a Tennessee corporation on behalf of said corporation. Notary Public S -2 383012v7 BR291 -304 EXHIBIT A DEVELOPMENT PROPERTY Lots 2 through 17 Block 1, Lot 2, Block 2 and Outlot A, SHINGLE CREEK CROSSING, Hennepin County, Minnesota, according to the recorded plat thereof, except that part formerly described as Tract A, Registered Land Survey 1649, Hennepin County, Minnesota. A -1 383012v7 BR291 -304 EXHIBIT B • CERTIFICATE OF COMPLETION WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota, Minnesota (the "Authority "), a body corporate and politic subdivision of the State of Minnesota and Gatlin Development Company, Inc., a Tennessee corporation (the "Developer ") have entered into a Development Agreement dated June , 2011 (the "Development Agreement ") as evidenced by a Memorandum of Development Agreement dated June , 2011 and filed for record June , 2011, as Document Number , in the Office of the Hennepin County Registrar of Titles; and WHEREAS, the Development Agreement requires the Developer to construct certain Minimum Improvements (as that term is defined in the Development Agreement); WHEREAS, the Developer has constructed the Minimum Improvements (as that term is defined in the Development Agreement) in a manner deemed sufficient by the Authority to permit the execution of this certification and the release of the Development Property from the terms and conditions of the Development Agreement; NOW, THEREFORE, this is to certify that the Developer has constructed the Minimum Improvements. Any remaining obligations under the Development Agreement shall be solely contractual obligations of the Developer and parties to whom the Developer expressly assigns, and who expressly assume, the Developer's obligations under the Development Agreement. The remaining covenants of the Developer under the Development Agreement are not intended to run with title to the Developer Property or bind successors in title to the Developer Property and it is the intention of the Authority and the Developer that after this Certificate of Completion is memorialized on the Certificates of Title to the Developer Property, the Hennepin County Registrar of Titles will omit the memorial of the Memorandum of Development Agreement and the memorial of this Certificate of Completion from future Certificates of Title for the Developer Property. 2318733v2 B -1 IN WITNESS WHEREOF, the Authority has caused this Certificate of Completion to be executed with by its duly authorized officer as of the day of 20_. ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA By By STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20_, by , the and the of the Economic Development Authority of Brooklyn Center, Minnesota, Minnesota, a municipal corporation and politic subdivision organized and existing under the Constitution and laws of the State of Minnesota, on behalf of said Authority. Notary Public 2318733v2 B -2 EXHIBIT C CERTIFICATE OF RELEASE 1. Recitals 1.1. Recital One Gatlin Development Company, Inc., a Tennessee corporation (the "Developer ") is the owner of the real property legally described in Exhibit A hereto (the "EDA Parcel "). 1.2. Recital Two Developer acquired title to the EDA Parcel from the Economic Development Authority of the City of Brooklyn Center, Minnesota (the "EDA ") pursuant to a deed dated , 2011 and recorded in the office of the Hennepin County Recorder on as Document No. (the "Deed "). 1.3. Recital Three The Deed includes a right of re -entry for breach of conditions subsequent in favor of the EDA (the "Right of Re- entry "). 1.4. Recital Four The EDA and the Developer are parties to a development agreement, as evidenced by a Memorandum of Development Agreement dated June , 2011 and recorded in the office of the Hennepin County Recorder on as Document No. (the "Development Agreement "). 1.5. Recital Five Pursuant to Section 3.3 of the Development Agreement, the Developer is obligated to commence, or cause to be commenced, construction of the Minimum Improvements beyond the point of site preparation b p Y P P P Y 2012. 1.6. Recital Six The EDA's Right of Re -entry would be triggered by the Developer's failure to commence, or cause to be commenced, construction of the Minimum Improvements beyond the point of site preparation by , 2012, subject to Unavoidable Delays. 1.7. Recital Seven The Developer has represented to the EDA that the Developer has commenced construction of the Minimum Improvements beyond the point of site preparation and has requested this Certificate of Release from the EDA. 2. Certificate of Release The EDA hereby certifies that the Developer has satisfied its obligations with respect to co in' Improvements beyond g p commencing construction of the Minimum I p y the point of site preparation on the EDA Parcel. The EDA further acknowledges and agrees that the EDA Parcel is released from the Right of Re- Entry. C -1 383012v7 BR291 -304 IN WITNESS WHEREOF, the EDA has caused this certificate to be duly executed on its behalf this day of , 2012 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER, MINNESOTA By Its And By Its STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this day of , 2012 by and the President and Executive Director of the Economic Development Authority of the City of Brooklyn Center, Minnesota a body corporate and politic established pursuant to Minnesota Statutes, Chapter 469, on behalf of the Authority. Notary Public DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South 6th Street Minneapolis, MN 55402 C -2 383012v7 BR291 -304 EXHIBIT D ELIGIBLE COSTS (a) Acquisition of the Development Property; (b) Demolition of portions of the existing Brookdale Mall; (c) Asbestos removal; (d) Flood plain mitigation (including day - lighting Shingle Creek) in accordance with the PUD; (e) Phase I Streets and Streetscaping; (0 Design and construction of the storm water detention and /or retention areas, consistent with the PUD; and (g) "Reskinning" the exterior of the remaining portions of the existing Brookdale Mall in accordance with the PUD. D -1 383012v7 BR291 -304 EXHIBIT E FORM OF ADDITIONAL IMPROVEMENTS FORGIVABLE LOAN PROMISSORY NOTE Gatlin Development Company, Inc. (the "Developer "), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay to the Economic Development Authority of the City of Brooklyn Center, Minnesota (the "BDA ") or its registered assigns (the registered owner of this Note is referred to herein as the "Registered Owner "), the principal sum of and no /100 Dollars ($ ) . The principal amount of this Note shall equal, from time to time, the principal amount stated above, as reduced to the extent that such principal shall have been paid in whole or in part pursuant to the terms hereof. This Note is issued pursuant to that certain Development Agreement (the "Development Agreement "), dated as of June , 2011, as the same may be amended from time to time, by and between the EDA and the Developer and is secured by that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated as of the date hereof, by the Purchaser in favor of the Seller (the "Mortgage "). This Promissory Note (the "Note ") bears interest until paid at a rate equal to 6.00% per annum (computed on the basis of a 360 -day year, of twelve 30 -day months). The principal of an accrued interest on this Note shall be due and payable on 2016 (the "Note Maturity Date "). If (a) no Event of Default exists under the Development Agreement and (b) the Developer has renovated or constructed and obtained certificates of occupancy for buildings of Additional Improvements (as defined in the Development Agreement), the principal of and interest on this Note shall be deemed paid in full on the Note Maturity Date or such earlier date as the Developer has obtained certificates of occupancy for square feet of Additional Improvements. If (a) no Event of Default exists under the Development Agreement, and (b) the Developer has constructed and obtained certificates of occupancy for less than buildings of Additional Improvements, the principal of and interest on this Note shall be deemed paid on the Note Maturity Date in an amount determined by multiplying the principal amount of this Note by a fraction, the numerator of which is the square footage of Additional Improvements for which the Developer has obtained certificates of occupancy by the Note Maturity Date and the denominator of which is . The Developer shall repay the remaining balance of this Note plus accrued interest thereon on the Note Maturity Date. This Note may be prepaid by the Developer at any time. E -1 383012v7 BR291 -304 IN WITNESS WHEREOF, Gatlin Development Company, Inc., has caused this Note to be executed and delivered as of , 2011. GATLIN DEVELOPMENT COMPANY, INC. By: Its: i E -2 383012v7 BR291 -304 • EXHIBIT F FORM OF TIF NOTE No. R -1 $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER TAX INCREMENT REVENUE NOTE (SHINGLE CREEK CROSSING PROJECT) The Economic Development Authority of the City of Brooklyn Center, Minnesota (the "EDA "), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay the amounts hereinafter described (the "Payment Amounts ") to Gatlin Development Company, Inc. (the "Developer ") or its registered assigns (the "Registered Owner "), but only in the manner, at the times, from the sources of revenue, and to the extent hereinafter provided. The principal amount of this Note shall equal from time to time the principal amount stated above, as reduced to the extent that such principal installments shall have been paid in whole or in part pursuant to the terms hereof, provided that the sum of the principal amount listed above shall in no event exceed $2,300,000 as provided in that certain Development Agreement, dated as of June _, 2011, as the same may be amended from time to time (the "Tax Increment Development Agreement "), by and between the EDA and the Developer. The unpaid principal amount hereof shall bear simple, non - compounding interest from the date of this Note at the rate of six and no hundredths percent (6.00 %) per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30 -day months. The amounts due under this Note shall be payable on each February 1 and August 1, commencing on the first February 1 or August 1 following the date hereof and thereafter to and including February 1, 2028, or, if the first should not be a Business Day (as defined in the Tax Increment Development Agreement) the next succeeding Business Day (the "Payment Dates "). On each Payment Date the EDA shall pay by check or draft mailed to the person that was the Registered Owner of this Note at the close of the last business day of the EDA preceding such Payment Date an amount equal to the Available Tax Increments (as defined in the Tax Increment Development Agreement) received by the EDA during the six month period preceding such Payment Date (or, with respect to the first Note Payment Date, in the period commencing on the date of issuance of the TIF Note through the day prior to the first Payment Date). All payments made by the EDA under this Note shall first be applied to accrued interest and then to principal. This Note is pre - payable by the EDA, without penalty, in whole or in part, on any date. i F -1 383012v7 BR291 -304 This Note shall terminate and be of no further force and effect following the last Payment • Date defined above, on any date upon which the EDA shall have terminated the Tax Increment Development Agreement under Section 9.4(c) thereof, the date the Tax Increment District is terminated, or on the date that all principal and interest payable hereunder shall have been paid in full, whichever occurs earliest. The EDA makes no representation or covenant, express or implied, that the Available Tax Increments will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. In the event Available Tax Increments are not sufficient, the EDA is not responsible to further fund or reimburse the Developer (or its assigns or creditors) for any such shortfall. The EDA is not responsible to fund or reimburse any obligation of the Developer (or its assigns or creditors) unless expressly stated in the Tax Increment Development Agreement. Subject to the terms of the Tax Increment Development Agreement, the EDA's payment obligations hereunder shall be further conditioned on the fact that no Event of Default under the Tax Increment Development Agreement shall have occurred and be continuing at the time payment is otherwise due hereunder; and further, if pursuant to the occurrence of an Event of Default under the Tax Increment Development Agreement the EDA elects to cancel and rescind the Tax Increment Development Agreement, the EDA shall have no further debt or obligation under this Note whatsoever. Reference is hereby made to all of the provisions of the Tax Increment Development Agreement, including without limitation Section 5.3 thereof, for a fuller statement of the rights and obligations of the EDA to pay the principal of this Note, and said provisions are hereby incorporated into this Note as though set out in full herein. • This Note is a special, limited revenue obligation of the EDA and is payable by the EDA only from the sources and subject to the qualifications stated or referenced herein. This Note is not a general obligation of the EDA or the City of Brooklyn Center, Minnesota (the "City "), and neither the full faith and credit nor the taxing powers of the EDA nor the City are pledged to the payment of the principal of this Note and no property or other asset of the EDA or the City, save and except the above - referenced Available Tax Increments, is or shall be a source of payment of the EDA's obligations hereunder. This Note is issued by the EDA in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including the provisions of Minnesota Statutes, Sections 469.174 through 469.1799, as the same may be amended or supplemented from time to time (the "Tax Increment Act "). This Note may be assigned only with the consent of the EDA. In order to assign the Note, the assignee shall surrender the same to the EDA either in exchange for a new fully registered note or for transfer of this Note on the registration records for the Note maintained by the EDA. Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all provisions stated or referenced herein. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, • F -2 3830120 BR291 -304 and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the EDA outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the EDA to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, Economic Development Authority of the City of Brooklyn Center, Minnesota, by its Board of Commissioners, has caused this Note to be executed by the manual signatures of its Chair and Secretary and has caused this Note to be dated as of Chair Secretary F -3 383012v7 BR291 -304 CERTIFICATION OF REGISTRATION It is hereby certified that the foregoing Note was registered in the name of Gatlin Development Company, Inc., and that, at the request of the Registered Owner of this Note, the undersigned has this day registered the Note in the name of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME AND ADDRESS OF DATE OF SIGNATURE OF EDA REGISTERED OWNER REGISTRATION SECRETARY Gatlin Development Company, Inc. 101 S Main Street Dickson, TN 37055 F -4 383012v7 BR291 -304 EXHIBIT G PREVAILING WAGE RATES G -1 383012v7 BR291 -304 EXHIBIT H FORM OF MINIMUM IMPROVEMENTS FORGIVABLE LOAN PROMISSORY NOTE Gatlin Development Company, Inc. (the "Developer "), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay to the Economic Development Authority of the City of Brooklyn Center, Minnesota (the "EDA ") or its registered assigns (the registered owner of this Note is referred to herein as the "Registered Owner "), the principal sum of One Million Four Hundred Thousand and no /100 Dollars ($1,400,000). The principal amount of this Note shall equal, from time to time, the principal amount stated above, as reduced to the extent that such principal shall have been paid in whole or in part pursuant to the terms hereof. This Note is issued pursuant to that certain Development Agreement (the "Development Agreement "), dated as of June , 2011, as the same may be amended from time to time, by and between the EDA and the Developer and is secured by that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated as of the date hereof, by the Purchaser in favor of the Seller (the "Mortgage "). Any terms used in this Note and not otherwise defined shall have the meaning given in the Development Agreement. This Promissory Note (the "Note ") bears interest until paid at a rate equal to 6.00% per annum (computed on the basis of a 360 -day year, of twelve 30 -day months). The principal of an accrued interest on this Note shall be due and payable on December 31, 2012 (the "Note Maturity Date "). The principal of and interest on this Note shall be deemed paid in full on or before the Note Maturity Date if (a) no Event of Default exists under the Development Agreement; (b) the Developer has closed on the Construction Loan for the Minimum Improvements; (c) in accordance with Section 4.2 of the Development Agreement, the Developer has submitted the Construction Plans for the Minimum Improvements to the EDA, and the EDA has approved the same; (d) the City has approved the PUD; (e) a building permit for the construction of the Walmart Supercenter has been issued and construction has commenced at least to the point of footings and foundations; (f) the Developer has commenced construction of the Minimum Improvements by July 1, 2011; and (g) the Developer has performed all of the obligations required to be performed by Developer under the Development Agreement as of such date. This Note may be prepaid by the Developer at any time. H -1 383012v7 BR291 -304 IN WITNESS WHEREOF, Gatlin Development Company, Inc., has caused this Note to be executed and delivered as of , 2011. GATLIN DEVELOPMENT COMPANY, INC. By: Its: H -2 383012v7 BR291 -304 EXHIBIT I LEGAL DESCRIPTION OF THE PHASE II PARCELS Lots 2 and 4 through 17, Block 1 and Lot 1, Block 2, SHINGLE CREEK CROSSINGS, according to the recorded plat thereof. I -1 383012v7 BR291 -304 EXHIBIT J WORKFORCE PLAN The Developer and its contractor have agreed to this workforce plan. 1. Apprentice Construction Training Program — The Developer its contractors /subcontractors agree to a goal of 5% of the onsite construction hours for apprentices. 2. Resident and Neighborhood Employment a. The Developer and its subcontractors commit to the employment of a minimum of 20% Brooklyn Center residents from the ZIP codes 55429 and 55430 in connection with the Shingle Creek Crossings Project. In the event that there is an insufficient number of construction - qualified residents for construction - related positions in the Zip Codes after an initial good faith effort, priority may be extended to the following contiguous, adjacent ZIP codes: In the event that there is an insufficient number of construction - qualified residents for construction - related positions in the additional ZIP codes, then priority may be extended to all other ZIP codes within Hennepin County. b. The jobs for Brooklyn Center residents are anticipated to include the following: C. i. Approximately j obs, periodically during the course of the project, will be direct hires of and /or our subcontractors. ii. Approximately j obs from temporary cleaning help. iii. Approximately _J obs for building maintenance, custodial, administration and other. 3. Employment Goals a. The Developer acknowledges that employment goals are very important to the City during this time of high unemployment. and its subcontractors agree to aspirational workforce utilization goals, expressed as a percentage of work hours on the Project, that exceed established City goals in each category. The aspirational goals are: Skilled Minority 15% Unskilled Minority 15% Female (combined) 8% J -1 383012v7 BR291 -304 b. The City and Developer understand that these aggressive goals will be difficult to achieve but will be vigorously pursued nonetheless. 4. Contracting Goals a. The Developer Contractor and its subcontractors agree to aspirational Small Underutilized Business Program goals, expressed as a percentage of subcontracting dollars that exceed established City goals in each category. The aspirational goal that the Developer agrees to are 10% for Minority- owned Business Entities (MBE) and 8% for Women- owned Business Entities (WBE). b. The Developer Contractor and its subcontractor acknowledges that subcontracting goals are very important to the City during this time of high unemployment. The City and Developer agree that these aggressive goals will be difficult to achieve but will be vigorously pursued nonetheless. C. The Developer and it Contractor will utilize the following initiatives to maximize participation: i. Structuring of bid packages to allow for maximum participation by local small, women, and minority owned businesses. ii. Collaborating with women and minority business organizations to identify firms for participating in the project, including qualifying businesses located within the City listed in the CERT directory. iii. Establish subcontracting goals for each trade contract based on the availability of W /MBE firms (contractors and suppliers) in that specific division of work. iv. Conduct contractor open houses on the Shingle Creek Crossing property to explain the bid packages, procurement schedule and process to interested bidders. V. Conduct pre -bid informational meetings on the Shingle Creek Crossing property to inform and advise local and W /MBE contractors on the potential opportunities on the project. vi. Meet regularly with W /MBE contractor organizations to update them on the project. 5. Job Linkage Agreement — The Contractor will be forwarding all notices of job openings to the City of Brooklyn Center so that potential job applicants can be • forwarded to the Developer for review and possible job interview. J -2 383012v7 13R291-304 The Project is anticipated to commence in June, 2011 and is estimated to be completed in the 2015. The Developer and the City Business and Development staff agree to meet and report the Project results every quarter. REASOURCES The following are a list of some resources that may aid bidders in successfully obtaining contracting and labor goals: Minneapolis Building and Construction Trades Council Association of Women Contractors Central Certification Program (CERT) North Hennepin Community and Technical College National Association of Minority Contractors Emerge 100 Hundred Hard Hats Training Consortium; Summit Academy OIC, American Indian OIC, East Lake OIC, Dunwoody Institute, Minneapolis Community and Technical College Good Faith Effort The Contractor shall make good faith efforts to provide the required number of jobs and percentage goals. If the contractor fails to meet the goals set forth herein, the contractor shall provide documented evidence of its good faith efforts, including documentation pertaining to recruitment, personnel actions including dismissal, training and promotion, rejection of applicants and selection. Good faith efforts must include consulting with the City approved jobs training programs. J -3 383012v7 BR291 -304 AGREEMENT OF PURCHASE AND SALE This Agreement of Purchase and Sale (the "Agreement ") is made and entered into this day of April, 2011 (the "Effective Date "), by and between the Economic Development Authority of the City of Brooklyn Center, Minnesota, a body politic and corporate organized and existing under the Constitution and laws of the State of Minnesota (the "Seller ") and Gatlin Development Company, Inc. a Tennessee corporation (the "Purchaser "). This Agreement sometimes refers to Seller and Purchaser individually as a "Party" and collectively as the "Parties." 1. EDA Parcel The real property that is the subject of this Agreement is located in the City of Brooklyn Center, Hennepin County, Minnesota (the "City ") consisting of. (a) the land legally described In Exhibit A attached hereto (the "Land "); (b) any water or mineral rights owned by, or leased to, Seller; and (c) all improvements and personal property, if any, located on the land (collectively, the "EDA Parcel "). 2. Purchase and Sale Seller agrees to sell and convey the EDA Parcel to Purchaser pursuant to the terms of this Agreement, and Purchaser agrees to purchase the EDA Parcel from Seller pursuant to the terms of this Agreement. 3. Purchase Price The purchase price (the "Purchase Price) to be paid to the Seller by the Purchaser for the EDA Parcel is AND 00 /100 DOLLARS ($ ) . The Purchase Price shall be paid on the Date of Closing (as defined below) by the delivery of a promissory note (the "Purchase Price Note ") which is in the form attached hereto as Exhibit B in the amount of the Purchase Price and which is secured by that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated as of the Date of Closing, by the Purchaser in favor of the Seller (the "Mortgage "). 4. Earnest Money There shall be no earnest money or other deposit required pursuant to this Agreement. 5. Conveyance Terms Upon Purchaser's full performance of Purchaser's obligations under this Agreement, Seller must execute and deliver to Purchaser a Limited Warranty Deed conveying fee title to the EDA Parcel to Purchaser subject only to: (a) Building, zoning and subdivision statutes, laws, ordinances and regulations; (b) Reservations of minerals or of mineral rights in favor of the State of Minnesota, if any; (c) The lien of real estate taxes and special assessments not yet due and payable; 3831000 JSB BR291 -304 . (d) Covenants, conditions, restrictions, easements, encumbrances or other defects in title which are disclosed by the Evidence of Title, as defined in Section 10, and which are not the subject of an Objection, as defined in Section 10, or which are the subject of an Objection that Purchaser has waived pursuant to the provisions of Section 10(b); (e) [List anything on title policy]; (f) Right of Reentry as described in the Limited Warranty Deed attached as Exhibit C; (hereinafter, collectively, the "Permitted Encumbrances "). 6. Possession Upon Purchaser's full performance of Purchaser's obligations under this Agreement, Seller must deliver possession of the EDA Parcel to Purchaser. 7. Closing The Parties must meet at the offices of Seller at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota at :00 a.m., on , 2011, or at such other place or other date as the Parties may establish by written agreement or pursuant to the provisions of Section 10 below (the "Date of Closing "), at which time: (a) Seller must: (i) execute and deliver to Purchaser the deed described in Section 5 above. Seller will include on the deed the statement "The Seller certifies that the Seller does not know of any wells on the described real property." (ii) execute and deliver to Purchaser and Purchaser's title insurer, if any, an appropriate Minnesota Uniform Conveyancing Blank Form Affidavit evidencing the absence of bankruptcies, judgments, tax liens involving parties with the same or similar names as the Seller and evidencing the absence of mechanic's lien rights affecting the EDA Parcel, unrecorded interests affecting the EDA Parcel, persons in possession of the EDA Parcel and known encroachments or boundary line questions affecting the EDA Parcel; (iii) execute and deliver to Purchaser a non - foreign affidavit in recordable form containing such information as is required under IRC Section 1445(b)(2) and any regulations relating thereto; (iv) provide Purchaser or Title, as defined in Section 8, with the information necessary to complete a Minnesota Certificate of Real Estate Value; and (v) pay or provide evidence of payment of the real estate taxes and, if applicable, levied or pending special assessments pursuant to the provisions of Section 11. 3831000 JSB BR291 -304 (b) Purchaser must: (i) Execute and deliver to Seller the Purchase Price Note in the amount of $ and in the form attached as Exhibit B; (ii) Execute and deliver the Mortgage to Seller; (iii) Pay or provide evidence of payment of the following: the premium ' for n for Purchaser's owner's policy of title insurance, if any; the charges any endorsements to Purchaser's title insurance policy that Purchaser elects to purchase; the recording fee due upon the recording of the deed from Seller to Purchaser; the State Deed Tax due upon the execution of the deed described in Section 5; real estate taxes and, if applicable, levied or pending special assessments pursuant to the provisions of Section 11; mortgage registration tax due and payable upon recording of the Mortgage; all costs associated with Purchaser's financing, if any, including mortgagee's title insurance policy costs and premiums, if any; and Title's fee to conduct and insure the closing of this transaction; (iv) Execute and deliver the Development Agreement, dated as of April 2011, among the Purchaser, the Seller and the City (the "Development Agreement "); (v) Deliver to the Seller the plans, specifications, drawings and related t documents for the construction of a commercial project to be located on the EDA Parcel (the "Project ") which shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building in of � � r the City (the "Construction Plans ") and the Authority shall have approved such Construction Plans in the manner set forth in Section 4.2 of the Development Agreement; (vi) Deliver to Purchaser the Date Down Certificate described in Section 12; and (vii) Deliver to the Seller evidence that the Purchaser has closed on construction financing for the Project with the lender thereof in an amount which the Developer shall certify is sufficient, together with equity commitments, to complete construction of the Project in accordance with the Construction Plans approved by the City. 8. Title Commitment The Purchaser may order, in Purchaser's sole discretion and at the Purchaser's expense, a commitment (the "Title Commitment ") issued by any title insurance company acceptable to Purchaser ( "Title "), for an owner's title insurance policy in the full amount of the Purchase Price, showing fee simple title to the EDA Parcel in Seller. 9. Survey Purchaser may order, in Purchaser's sole discretion and at the Purchaser's expense, a currently dated survey of the EDA Parcel (the "Survey "). Which Survey may be prepared in accordance with the most current minimum detail and classification 3831000 JSB BR291 -304 ALTA/ASCM land title standards, and may include any Table A items that Purchaser may request. 10. Defects and Cure Within five (5) business days of Purchaser's receipt of the last item of the Evidence of Title or within five (5) days of Purchaser's discovery of a defect in the marketability of Seller's title to the EDA Parcel which defect was not reasonably ascertainable from the Evidence of Title, Purchaser may give Seller written notice of alleged defect(s) in the marketability of Seller's actual and record title to the EDA Parcel and request that Seller make Seller's title marketable ( "Objections "). The Permitted Encumbrances may not serve as a basis for an Objection. Within ten (10) days of Seller's receipt of Purchaser's Objection(s), Seller must notify Purchaser, in writing, if Seller will attempt to make Seller's title to the EDA Parcel marketable on or before the Date of Closing. If Seller notifies Purchaser that Seller will attempt to make Seller's title to the EDA Parcel marketable, Seller must use commercially reasonable efforts to do so, but Seller has no obligation to commence a law suit or pay money to make Seller's title marketable. If Seller notifies Purchaser that Seller does to intend to make Seller's title marketable or if Seller notifies Purchaser that Seller intends to make Seller's title marketable but is unable to do so on or before the Date of Closing, Purchaser must, on or before the Date of Closing, either: (a) terminate this Agreement pursuant to the procedures set forth in Section 18 below; or (b) notify Seller that Purchaser waives Purchaser's Objections. If Purchaser waives Purchaser's Objections, the matters giving rise to such Objections will be deemed a Permitted Encumbrance and the Parties must fully perform their obligations under this Agreement. If Purchaser makes an Objection and does not notify Seller of Purchaser's election to terminate this Agreement pursuant to subsection (a) above before Seller and Purchaser meet to close this transaction pursuant to Section 8, Purchaser will be deemed to have waived Purchaser's Objection. 11. Real Estate Taxes and Special Assessments The Parties must pay the real estate taxes (which term, as used in this Agreement, includes service charges assessed against real property on an annual basis pursuant to Minnesota Statutes 429.101) and special assessments as follows: (a) On or before the Date of Closing, Seller must pay the real estate taxes, and any installments of special assessments certified for payment therewith and any penalties and interest thereon that are due and payable in 2010 or prior years with respect to the EDA Parcel; (b) On or before the Date of Closing, Seller shall pay any and all installments of special assessments levied or pending against the EDA Parcel as of the Date of Closing; and 3831000 JSB BR291 -304 (c) Purchaser and Seller must pro rate the real estate taxes, if any, which are payable with respect to the EDA Parcel in the year of closing on a per -diem basis using a calendar year, to the Date of Closing. 12 Sellers Representations ons Seller makes the followin g representations to r Purchaser: (a) Seller represents and warrants that there has been no labor or materials furnished to the EDA Parcel for which payment has not been paid. (b) Seller represents that, to the best of Seller's actual knowledge, there are no unrecorded mortgages, contracts, purchase agreements, options, leases, easements or other agreements or interest relating to the EDA Parcel. (c) Seller represents that, to the best of Seller's actual knowledge, there are no persons in possession of any portion of the EDA Parcel other than pursuant to a recorded document or as may be disclosed on the Survey. (d) Seller represents that, to the best of Sellers actual knowledge, that there are no encroachments or boundary line questions affecting the EDA Parcel except as may be disclosed on the Survey. (e) Seller represents that, to the best of Seller's actual knowledge, the EDA Parcel and the improvements thereon, if any, are not in violation of any statute, law, ordinance or regulation. (f) Seller represents that, to the best of Seller's actual knowledge, there is no action, litigation, governmental investigation, condemnation or administrative proceeding of any kind pending against Seller or involving any portion of EDA Parcel, and no third party has threatened Seller with commencement of any such action, litigation, investigation, condemnation or administrative proceeding. (g) Seller represents that, to the best of Seller's actual knowledge, there are no wells, as that term is defined in Minnesota Statutes, Section 103I.005, subd. 21, located on the EDA Parcel. (h) Seller represents that, to the best of Seller's actual knowledge, there are no wells located on the EDA Parcel which: are contaminated; are constructed or maintained in such a manner that their continued use or existence endangers ground water quality or is a safety or health hazard; are inoperable or not in use; or must be sealed under the provisions of Minnesota Statutes, Chapter 103I, except for wells which have been sealed in accordance o dance with the requirements of Minnesota Statutes p Chapter 103I and as to which a Sealed Well Certificate has been delivered to the Minnesota Department of Health. (i) Seller represents that, to the best of Seller's actual knowledge, there are no underground or above ground storage tanks of any size or type located on the EDA Parcel. I 3831000 JSB BR291 -304 (j) Seller represents that, to the best of Seller's actual knowledge, there are no Hazardous Substances located on the EDA Parcel; the EDA Parcel is not subject to any liens or claims by government or regulatory agencies or third parties arising from the release or threatened release of Hazardous Substances in, on or about EDA Parcel; and EDA Parcel has not been used in connection with the generation, disposal, storage, treatment or transportation of Hazardous Substances except as follows: (k) For purposes of this Agreement, the term "Hazardous Substance" includes but is not limited to substances defined as "hazardous substances," "toxic substances" or "hazardous wastes" in the Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. §9601, et seq., and substances defined as "hazardous wastes," "hazardous substances," "pollutants, or contaminants" as defined in the Minnesota Environmental Response and Liability Act, Minnesota Statutes, § 11513.02. The term "hazardous substance" also includes asbestos, polychlorinated biphenyls, petroleum, including crude oil or any fraction thereof, petroleum products, heating oil, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas useable for fuel (or mixtures of natural gas and synthetic gas). (1) Seller represents that, to the best of Seller's actual knowledge, there are no individual sewage treatment systems on or serving the EDA Parcel and any sewage . generated on the EDA Parcel goes to a facility permitted by the Minnesota Pollution Control Agency. (m) Seller represents that, to the best of Seller's actual knowledge, the EDA Parcel has not been used for methamphetamine production. If, at any time prior to the Date of Closing, Seller acquires actual knowledge of events or circumstances which render the representations set forth in this Section 12 inaccurate in any respect, Seller must immediately notify Purchaser, in writing. Seller will indemnify Purchaser, its successors and assigns, against and will hold Purchaser, its successors and assigns harmless from, any expenses or damages, including reasonable attorneys fees, that Purchaser incurs because of the Seller's breach of any of the above warranties; the inaccuracy of any of the above representations when made; or Seller's failure to notify Purchaser, before the Date of Closing, if the representations set forth above become inaccurate. The representations, warranties and indemnification set forth above will survive the closing of this transaction and Seller's delivery of a deed to Purchaser. Purchaser's acceptance of the deed described in Section 6 from Seller, but payment of the Purchase Price to Seller with knowledge that one or more of the matters set forth above are not as represented and warranted will constitute Purchaser's waiver or release of any claims due to such misrepresentation or breach of warranty. At closing, an authorized representative of Seller must execute and deliver to Purchaser a certificate of Seller certifying that the representations contained in this Section 12 are true as of the.Date of Closing or, if such representations are no longer true, describing, in detail, the reasons why the representations are no longer true (the "Date Down Certificate "). 3831000 JSB BR291 -304 13. Purchaser's Representations Purchaser hereby represents to Seller as follows: (a) The individuals executing this Agreement on behalf of Purchaser represent and warrant that they have the authority to execute this Agreement on behalf of Purchaser and to bind Purchaser. Purchaser represents that Purchaser has the full and complete authority to enter into this Agreement and to purchase the EDA Parcel. (b) Purchaser represents that Purchaser has not engaged a real estate agent in connection with this transaction. 14. Purchaser's Inspection and "AS IS" Sale At all times prior to the Date of Closing, Purchaser and its agents have the right, upon reasonable notice to Seller, to go upon the EDA Parcel to inspect the EDA Parcel and to determine the condition of the EDA Parcel including, specifically, the presence or absence of Hazardous Substances, in, on, or about the EDA Parcel. Purchaser agrees to indemnify and defend Seller from and to hold Seller harmless against any and all claims, causes of action or expenses, including attorneys fees, relating to or arising from Purchaser's or Purchaser's agents or contractors presence on the EDA Parcel prior to the Date of Closing. Purchaser agrees to repair any damage to the EDA Parcel caused by such inspections and to return the EDA Parcel to substantially the same condition as existed prior to Purchaser's inspection. PURCHASER ACKNOWLEDGES THAT PURCHASER IS PURCHASING THE PROPERTY IN RELIANCE ON THE REPRESENTATIONS OF SELLER SET FORTH IN SECTION 12; ON PURCHASER'S INSPECTION OF THE PROPERTY PURSUANT TO THIS SECTION 14; AND ON PURCHASER'S • JUDGMENT REGARDING THE SUFFICIENCY OF SUCH INSPECTIONS. PURCHASER IS NOT RELYING ON ANY WRITTEN OR ORAL REPRESENTATIONS, WARRANTIES OR STATEMENTS THAT SELLER OR SELLER'S AGENTS HAVE MADE EXCEPT FOR THE REPRESENTATIONS SET FORTH IN SECTION 12 OF THIS AGREEMENT. SUBJECT TO PURCHASER'S RIGHT TO TERMINATE THIS AGREEMENT PURSUANT TO SECTION 15, PURCHASER IS PURCHASING THE PROPERTY IN "AS IS" CONDITION RELYING ONLY ON THE REPRESENTATIONS SET FORTH IN SECTION 12. 15. Purchaser's Contingencies Purchaser's obligations under this Agreement are contingent on: (a) Purchaser's determination, based on the inspections described in Section 14 above and any other relevant information, that the condition of the EDA Parcel is acceptable to Purchaser; (b) Purchaser's ability to obtain a title insurance policy and endorsements insuring Purchaser's title to the EDA Parcel all in a form acceptable to Purchaser in Purchaser's sole and absolute discretion. 16. Seller's Contingencies Seller's obligations under this Agreement are contingent on Purchaser having delivered the items set forth in Section 7(b). 17. Condemnation If a public or private entity with the power of eminent domain commences condemnation proceedings against all or any part of the EDA Parcel, Seller must 3831000 JSB BR291 -304 immediately notify Purchaser, and Purchaser may, at Purchaser's sole option, terminate this Agreement pursuant to Section 21 below. Purchaser has twenty (20) days from the effective date of Seller's notice to Purchaser to exercise Purchaser's termination right. If Purchaser does not terminate this Agreement within said twenty (20) day period, the Parties must fully perform their obligations under this Agreement, with no reduction in the Purchase Price, and Seller must assign to Purchaser, on the Date of Closing, all of Seller's right, title and interest in any award made or to be made in the condemnation proceedings. Seller must not designate counsel, appear or otherwise act with respect to any such condemnation proceedings without Purchaser's prior written consent unless Purchaser fails to respond within seven (7) days to a request for such written consent. 18. Assignment Purchaser may not assign Purchaser's rights or obligations under this Agreement to a third party without the written consent of Seller. Seller may grant or withhold Seller's consent to an assignment in Seller's sole and absolute discretion. 19. Default If either Party defaults in the performance of any of the Party's obligations under this Agreement, the non - defaulting Party may, after written notice to the defaulting Party, suspend performance of its obligations under this Agreement, and the rights of the non - defaulting Party are as follows: (a) Purchaser's Default If Purchaser defaults in the performance of any of Purchaser's obligations under this Agreement, Seller has the right to terminate this Agreement pursuant to Minnesota Statutes, Section 559.21. If one or more of the representations set forth in Section 13 are inaccurate, when made or if Purchaser defaults in the performance of one or more of Purchaser's obligations under Section 14, Seller may commence an action for damages against Purchaser in Hennepin County District Court, and if Seller prevails in such an action, Seller is entitled to recover from Purchaser Seller's reasonable attorneys fees and costs. If Seller determines that the Purchaser is in default under, or has breached, any of its obligations under Section 19, then the Seller shall have all rights and remedies available to it, at law or in equity, including, but not limited to any rights and remedies set forth in the Purchase Price Note against the Purchaser. The remedies set forth in this Section 20(a) are Seller's sole and exclusive remedies in the event of Purchaser's default. (b) Seller's Default If Seller defaults in the performance of any of Seller's obligations under this Agreement: (i) Purchaser may terminate this Agreement pursuant to Section 21 below; (ii) Purchaser may initiate a civil action to compel Seller's specific performance of Seller's obligations under this Agreement provided that Purchaser commences such action within six (6) months of the date of Seller's default. If Purchaser prevails in any such action for specific performance, Purchaser may also recover Purchaser's reasonable attorneys fees and costs; or 38310M JSB BR291 -304 (iii) If any one or more of the representations set forth in Section 12 are inaccurate, when made, Purchaser may commence an action for damages against Seller in Hennepin County District Court, and if Purchaser prevails in such action, Purchaser may also recover from Seller Purchaser's reasonable attorneys fees and costs. The remedies set forth in this Section 20(b) are Purchaser's sole and exclusive remedies in the event of Seller's default. 20. Termination of this Agreement Sections 10, 15, 17 and 20(b) of this Agreement allow Purchaser to terminate this Agreement under certain conditions. Section 16 allows Seller to terminate this Agreement under certain conditions. Section 20(a) allows Seller to terminate this Agreement under certain conditions; provided, however, such termination is governed by Minnesota Statutes, Section 559.21 and not by this Section 21. The following procedures govern a exercise of those termination rights: (a) The party that desires to terminate this Agreement (the "Terminating Party ") must notify the other party (the "Non- Terminating Party "), in writing; of the Terminating Party's intent to terminate this Agreement. (b) The Terminating Party's notice must recite the Section of this Agreement that authorizes the Terminating Party's termination of this Agreement and must describe the facts and circumstances which the Terminating Party asserts justify termination under the referenced Section. (c) The Terminating Party's notice of termination will be effective as of the date the Terminating Party deposits the notice of termination with the United States Postal Service, with all necessary postage paid, for delivery to the Non - Terminating Party via certified mail, return receipt requested, at the address set forth in Section 24. If the Terminating Party delivers a notice of termination in a different manner than described in the preceding sentence, the notice of termination will be effective as of the date the Non - Terminating Party actually receives the notice of termination. The Terminating Party must also mail a copy of the notice of termination to the Parties' respective attorneys as provided for in Section 24 below. (d) If the Non - Terminating Party disputes the Terminating Party's right to terminate this Agreement, the Non - Terminating Party must so notify the Terminating Party, in writing, within five (5) business days of the Non - Terminating Party's receipt of the Terminating Party's notice of termination. (e) If the Non - Terminating Party does not dispute the Terminating Part to terminate the Agreement, Purchaser must execute and deliver to Seller a recordable quit claim deed or other recordable instrument evidencing the termination of this Agreement and Purchaser's rights in the EDA Parcel. (f) If the Parties dispute the validity of an attempted termination of this Agreement, either Party may initiate a civil action in a court of competent jurisdiction to determine the status of this Agreement, and the Party that prevails in any such action is 3831000 JSB BR291 -304 entitled to recover its reasonable attorneys' fees and costs in the action from the non- prevailing Party. 21. Time Time is of the essence for all provisions of this Agreement. 22. Survival of Terms The Parties' obligations under this Agreement survive Seller's delivery of a deed to Purchaser and the closing of this transaction. 23. Notices All notices provided for in this Agreement must be in writing. The notice must be effective as of the date two days after the Party sending such notice deposits the notice with the United States Postal Service with all necessary postage paid, for delivery to the other Party via certified mail, return receipt requested, at the address set forth below. If Party delivers a notice provided for in this Agreement in a different manner than described in the preceding sentence, notice will be effective as of the date the other party actually receives the notice. The Party sending the notice must also mail a copy of the notice to the Parties' respective attorneys via first class United States mail at the addresses set forth below: Purchaser: Gatlin Development Company, Inc. 101 S Main Street Dickson, TN 37055 With a copy to: Briggs and Morgan, P.A. 2200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 -2157 Seller: Economic Development Authority of the City of Brooklyn Center, Minnesota 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Attn: Executive Director With a copy to: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South 6th Street Minneapolis, MN 554027 24. Full Agreement The Parties acknowledge that this Agreement represents the full and complete agreement of the Parties relating to the purchase and sale of the EDA Parcel and all matters related to the purchase and sale of the EDA Parcel. This Agreement supersedes and replaces any prior agreements, either oral or written, and any amendments or modifications to this Agreement must be in writing and executed by both Parties to be effective. 25. Governing Law This Agreement has been made under the laws of the State of Minnesota and such laws control its interpretation. 3831000 JSB BR291 -304 Dated: April_, 2011 SELLER: ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER, MINNESOTA BY President ATTEST: By: Executive Director I 383100v1 JSB BR291 -304 Dated: April , 2011 PURCHASER: GATLIN DEVELOPMENT COMPANY, INC. By: Its: 383100v1 JSB BR291 -304 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The property located in the City of Brooklyn Center, Hennepin County, Minnesota legally described as: Tract A Registered Land Survey Number 1430, Hennepin County, Minnesota i 383100v1 JSB BR291 -304 EXHIBIT B PROMISSORY NOTE Gatlin Development Company, Inc. (the "Developer "), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay to the Economic Development Authority of the City of Brooklyn Center, Minnesota (the "EDA ") or its registered assigns (the registered owner of this Note is referred to herein as the "Registered Owner "), the principal sum of and no /100 Dollars ($ ) . The principal amount of this Note shall equal, from time to time, the principal amount stated above, as reduced to the extent that such principal shall have been paid in whole or in part pursuant to the terms hereof. This Note is issued pursuant to that certain Purchase Agreement, dated as of April , 2011, as the same may be amended from time to time (the "Purchase Agreement "), by and between the EDA and the Developer and is secured by that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated as of the date hereof, by the Purchaser in favor of the Seller (the "Mortgage "). This Promissory Note (the "Note ") bears interest until paid at a rate equal to 6.00% per annum (computed on the basis of a 360 -day year, of twelve 30 -day months). The principal of an accrued interest on this Note shall be due and payable on 2016 (the "Note Maturity Date "). The principal of and interest on this Note shall be deemed aid in full on the Note Maturity Date if no Event of Default exists under the p Y a () Development Agreement (the "Development Agreement "), dated as of April _, 2011, as the same may be amended from time to time, by and among the EDA, the City of Brooklyn Center, Minnesota (the "City ") and the Developer and (b) a certificate of occupancy has been issued for development of restaurant or retail space on the real property legally described in Exhibit A hereto (the "Midas Property ") which is developed in accordance with a site plan approved by the City either as a part of the PUD (as defined in the Development Agreement) [or consistent with the architectural component of the PUD]. This Note may be prepaid by the Developer at any time. 383100v1 JSB BR291 -304 IN WITNESS WHEREOF, Gatlin Development Company, Inc., has caused this Note to be executed and delivered as of , 2011. GATLIN DEVELOPMENT COMPANY, INC. By: Its: • 383100v1 JSB BR291 -304 Exhibit A to Purchase Price Note LEGAL DESCRIPTION OF MIDAS PROPERTY The property located in the City of Brooklyn Center, Hennepin County, Minnesota legally described as: Tract C Registered Land Survey Number 1469, Hennepin County, Minnesota 383100v1 JSBBR291 -304 EXHIBIT C LIMITED WARRANTY DEED (Top 3 inches reserved for recording data) LIMITED WARRANTY DEED Minnesota Uniform Conveyancing Blanks Business Entity to Business Entity Form 10.2.9 (2006) DEED TAX DUE: $ DATE: (month /day /year) FOR VALUABLE CONSIDERATION, (insert name of Grantor) a under the laws of ( "Grantor "), hereby conveys and quitclaims to (insert name of Grantee) a under the laws of ( "Grantee "), real property in County, Minnesota, legally described as follows: Tract A Registered Land Survey Number 1430, Hennepin County, Minnesota Check here if all or part of the described real property is Registered (Torrens) ❑ • together with all hereditaments and appurtenances and subject to the Right of Re -Entry for Breach of Condition Subsequent in favor of Grantor which is described on Exhibit A. This Deed conveys after - acquired title. Grantor warrants that Grantor has not done or suffered anything to encumber the property, EXCEPT: Check applicable box: Grantor ❑ The Seller certifies that the Seller does not know of any wells on the described property. ❑ A well disclosure certificate accompanies this (name of Grantor) document. ❑ 1 am familiar with the property described in this By: instrument and I certify that the status and number (signature) of wells on the described real property have not changed since the last previously filed well Its: disclosure certificate. (type of authority) By: (signature) Its: (type of authority) 383100v1 JSB BR291 -304 State of Minnesota, County of This instrument was acknowledged before me on by (month /day /year) (name of authorized signer) as (type of authority) and by (name of authorized signer) as of (type of authority) (name of Grantor) (Seal, if any) (signature of notarial officer) Title (and Rank): My commission expires: (month /day /year) THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY (insert name and address) DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Kennedy & Graven, Chartered (insert name and address of Grantee to whom tax 470 U.S. Bank Plaza statements should be sent) 200 South 6th Street Minneapolis, MN 55402 383100v1 JSB BR291 -304 EXHIBIT A TO LIMITED WARRANTY DEED EXECUTED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER, MINNESOTA, GRANTOR, IN FAVOR OF GATLIN DEVELOPMENT COMPANY, INC., GRANTEE. The Economic Development Authority of the City of Brooklyn Center, Minnesota, Grantor, is conveying the property described in the attached Limited Warranty Deed (the "EDA Parcel ") to Gatlin Development Company, Inc., Grantee, subject to a right of reentry for breach of conditions subsequent in favor of Grantor. The condition subsequent is that, barring any Unavoidable Delays, the Developer shall commence construction of the Minimum Improvements beyond the point of site preparation by , 2012 as set forth in Section 3.3 and Section 4.3 of that certain Development Agreement among the Grantor, the City of Brooklyn Center, Minnesota and Grantee dated as of April _, 2011. The Development Agreement is evidenced by a Memorandum of Development Agreement of even date herewith which is being submitted to the Hennepin County [Recorder/Registrar of Titles] for filing along with this Limited Warranty Deed. If Grantee breaches the condition subsequent, Grantor may elect to exercise its right of reentry by commencing an action in Hennepin County District Court to establish the breach of the condition subsequent. If Grantor establishes a breach of the condition subsequent, title to and the right to possession of all portions of the EDA Parcel for which Grantor has not issued a Certificate of Release, as contemplated in the Development Agreement, and title to all improvements located thereon reverts to Grantor, and Grantee is not entitled to any compensation from Grantor or the City of Brooklyn Center, Minnesota for the value of any improvements Grantee has made to the EDA Parcel. 383100v1 JSB BR291 -304 City Council Agenda Item No. 10e • COUNCIL ITEM MEMORANDUM DATE: May 18, 2011 TO: Curt Boganey, City Manager FROM: Charlie LeFevere, City Attorney and Gary Eitel, Business and Development Director SUBJECT: Sears Tolling Agreement Recommendation: It is recommended that the City Council consider accepting the Sears Tolling Agreement and authorizing the City Attorney to sign the agreement on behalf of the City. Background: L.J. Rotman, attorney for Sears, has requested that the City approve the attached letter, which he refers to as a "tolling agreement." Mr. Rotman has indicated that Sears has potential claims against the City, and possibly against Gatlin, on some legal or equitable ground to object to approval of the Shingle Creek Crossing Planned Unit Development and related approvals. However, Sears is in negotiations with Gatlin on an agreement under which Sears' concerns about the proposed development would be satisfactorily addressed. If Sears and Gatlin are successful in negotiating an agreement, and if Gatlin closes on the land and takes certain steps toward commencing development of the site, Sears will not sue the City or Gatlin. Mr. Rotman is concerned that if negotiations between Sears and Gatlin do not result in an agreement, the delay in bringing a lawsuit or lawsuits could be prejudicial to Sears. His concern is that Gatlin or the City could argue that Sears has waited too long to start its lawsuit and, for example, Gatlin has spent so much money and changed its position so substantially in reliance on the approval, that it would be inequitable for Sears to be allowed to stop the project at such a late date. Therefore, Mr. Rotman has requested that the City and Gatlin sign the "tolling agreement" under which the need to commence litigation is tolled (or suspended) to August 1, 2011. If the Council agrees and executes the agreement on May 23, 2011, this would mean that Sears could commence suit on August 30 and be in the same legal position as if it had commenced the suit on May 23. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust HINSHAW & C U L B E R T S O N L L P ATTORNEYS AT LAW 333 South Seventh Street Suite 2000 May 23, 2011 Minneapolis, MN 55402 -2431 612- 333 -3434 612- 334 -8888 (fax) www.hinshawlaw.com Hinshaw File No. 8 794 79 Thomas L. Bray, Esq. Charles L. Lefevere, Esq. Briggs & Morgan, P.A. City Attorney 2200 IDS Center City of Brooklyn Center 80 South 8 Street c/o Kennedy & Graven Chartered Minneapolis, Minnesota 55402 200 S. Sixth Street, Suite #470 Minneapolis, Minnesota 55402 -1458 Re: Proposed Redevelopment of Brookdale Center Gentlemen: As we have discussed, this correspondence shall serve to confirm that Sears, Roebuck & Co. ( "Sears "), the City of Brooklyn Center, Minnesota (the "City ") and Gatlin Development Co., Inc. ( "Gatlin ") agree to the following terms regarding the actions of the City and Gatlin in connection with Gatlin's applications and requests to the City with respect to the proposed redevelopment of Brookdale Center (collectively, the "Applications "): (a) Any applicable statute of limitations, including but not limited to, any limitations contained in Minnesota Statutes, including but not limited to, Chapters 412, 462, 541, and 586, laches, or other defense based on lapse of time, which the City or Gatlin may have or claim to have concerning causes of action, actions, claims, demands, damages, rights, remedies, and privileges of whatever nature Sears may have or claim to have related to the actions by the City or Gatlin in connection with the Applications (collectively, "Sears Claims ") shall be tolled commencing on the date of this correspondence and continuing through August 1, 2011. (b) Sears shall release the City from all Sears Claims at such time as Sears and Gatlin execute and deliver a definitive, binding, effective written agreement which contains Sears' consent to the Applications and the redevelopment contemplated thereby and the agreement of Gatlin and Sears to resolve the Sears Claims. (c) Nothing contained in this correspondence shall be construed to be a waiver or release of any Sears Claims and the City and Gatlin acknowledge and agree that Sears expressly reserves all Sears Claims. 121281464v2 0879479 64444 Arizona California Florida Illinois Indiana Massachusetts Minnesota Missouri New York Oregon Rhnde Island Wisconsin Thomas L. Bray, Esq. Charles L. Lefevere, Esq. May 23, 2011 • Page 2 (d) Gatlin agrees that it will not apply for any permit to demolish or proceed to demolish any portion of the Brookdale Mall (nor permit any of its affiliates, related parties and any of their respective agents, employees, representatives or contractors to do so) without not less than a 10 day advance written notice to the undersigned counsel to Sears of such action; provided, however, notwithstanding anything to the contrary set forth herein, the aforementioned, 10 day advance written notice requirement shall not apply to any permit application relating to any demolition work (including, without limitation, asbestos abatement work) within the interior structure of the former "Macy's parcel" of the Brookdale Mall. If the terms of this correspondence are acceptable to your respective clients, please so acknowledge by executing a counterpart of this correspondence and return the same to me by PDF or Facsimile. Very truly yours, HINSHAW & CULBERTSON LLP L. J. Rotman 612- 334 -2675 trotman@hinshawlaw.com For Sears, Roebuck & Co. LJR/rep Agreed and Accepted as of the date first above written: For Gatlin Development Co., Inc. For City of Brooklyn Center By By Thomas L. Bray, Esq. Charles L. Lefevere Its Attorney Its Attorney Briggs & Morgan, P.A. City of Brooklyn Center 2200 IDS Center c/o Kennedy & Graven Chartered 80 South 8 th Street 200 S. Sixth Street, Suite #470 Minneapolis, Minnesota 55402 Minneapolis, Minnesota 55402 -1458 1212814642 0879479 64444 • City Council Agenda Item No. 10f • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk �111"4v&k DATE: May 17, 2011 SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by AFOAKOM USA, Inc., for an Event to be Held at Miracle Empowerment Center, 5801 John Martin Drive, on June 24 and 25, 2011 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on -sale liquor license submitted by AFOAKOM USA, Inc., for an event to be held at Miracle Empowerment Center, 5801 John Martin Drive, on June 24 and 25, 2011, contingent upon resolution of parldng, safety, and security issues to satisfy the requirements of the Police Department. Background: AFOAKOM USA, Inc. has submitted an application and permit for temporary on -sale liquor license for a convention event to be held at Miracle Empowerment Center (MEC), 5801 John Martin Drive, on June 24, and 25, 2011. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, provided a copy of their Articles of Incorporation and lease agreement with MEC and has existed as a non-profit organization for at least three years. The Police Department will be meeting with the applicant to review and discuss parking, safety, and security for the event. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11 -107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Minnesota Department of Public Safety �� �:1 • •�+M��1 } ALCOHOL AND GAMBLING ENFORCEMENT DIVISION, 7 s, tP 444 Cedar Street Suite 222, St. Paul MN 55101 -5133 ti�rr *•_.;;: *� ��' i (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER A &p A tk,& v\ c- D�, Uv5 44 ( STREET ADD v , j � RESS CITY STATE ZIP CODE l 6 9- ` A � u i- c ! '( rv Z `rt V\ Yv1/r- -, 6 6 . NAME OF PERSON MAKING APPLI ATION u BUSINESS PHONE HOME PHONE DATES LIQUOR WILL BE SOLD TYPE OF ORGANIZATION --- 1 q-- Z S j 2 a ( CLUB CHARITABLE RELIGIOUS OTHER ONPROFI ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe M eAde 5 arh n & Ob Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry li or liability insurance? If so, please provide the carrier's name end amount of coverage. Mit1ne +1L :°o i A nde W (\ :4hn ks Srx i 'art APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT 0 ) c OUNTY '( * l -nk) DATE APPROVED CITY FEE AMOUNT Pj 50 . ®0 LICENSE DATES DA �J SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS -09079 (12/09) City of Brooklyn Center 6301 Shingle Creek Pkwy, 55430 -2199 (763) 569 -3300 Account No. 10100-4201 Temporary On -Sale Liquor License Application Addendum License Fee of $25 per day must be submitted to City Clerk with application Temporary Liquor License Fees are Non - Refundable Application Must Be Submitted 55 Days Prior to Event; City Council Approval Required ' Pursuant to City Code Section 11 -107, Subdivision 6. The license issued se maybe iss only in connection with a social event within the cit y that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three y ears. 1. Organization Name: tNlC-- 0 VV\ tiL kV 2. Infoiination on Contact Person: Name: - tom (_:E �-oyyy 1 ^ C-' i (First, Middle, and Last) Address: %' _ �k _FA (Street, City, and Zip Code) (Home Telephone Number) (Work Telephone Number) 3. Information on Event: Co Name of Event: o �r{� V" `N `> PV A �VXyk &A— l n U{ v��d %A- ° Location of Event: \+6 0�'CV_ G v�'P' r Dates(s) and Time(s) of Event D 4- �:•� -� - b�c� `� �' �� bAA C, VNA s Date Start tune of event, time.;of event Day 1 From: lv a. in. To: a. /p.m. Day 2 - cl �5 ` From: V'0 (M./pm. To: a.m. p.m Day 3 -- ' From: CA a.m To: - a.in /p.m. Day 4 From: a.m. /p.m. To: s a.m. /p.m. Security for Event: �� �� y� Insurance Requirement: Brooklyn Center requires proof of $300,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. This should be in the form of a certificate of insurance. However, if your event is being held on City property, such as a City park, you are required to have proof of $500,000 dram shop liquor liability insurance With the City of Brooklyn Center named as `an additional insured. Information is collected to determine eligibility for license. Failure to provide information requested may result in denial of application. Signature: r -- / Date: 6A5� I 1 MINNESOTA LIQUOR LIABILITY ASSIGNED RISK PLAN MINNESOTA JOINT UNDERWRITING ASSOCIATION 445 MINNESOTA ST SUITE 514 SAINT PAUL, MN 55101 -0760 (651) 222 -0484 OR 1- 800 -552 -0013 CERTIFICATE OF INSURANCE FOR LIQUOR LIABILITY COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THE CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE CONTRACT LISTED BELOW. POLICY NUMBER: 11 -0158 CONTRACT PERIOD: 12:01 A.M. 6/24/2011 TO 12:01 A.M. 6/26/2011 (or the time /hour the event license expires) CONTRACT HOLDER & ADDRESS AFOAKOM USA INC 16824 EDINBURG WAY FARMINGTON, MN 55026 SCHEDULED PREMISES: MIRACLE EMPOWERMENT CENTER, 5801 JOHN MARTIN DR., BROOKLYN CTR, MN 55430 THIS IS TO CERTIFY THAT THE CONTRACT OF COVERAGE DESCRIBED HEREIN HAS BEEN ISSUED TO THE CONTRACT HOLDER NAMED ABOVE AND IS IN FORCE AT THIS TIME. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN TO THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH CONTRACT. TYPE OF COVERAGE LIMITS OF LIABILITY BODILY INJURY $ 50,000 EACH PERSON 100,000 EACH OCCURRENCE PROPERTY DAMAGE $ 10,000 EACH OCCURRENCE LOSS OF MEANS OF SUPPORT $ 50,000 EACH PERSON 100,000 EACH OCCURRENCE PECUNIARY LOSS $ 50,000 EACH PERSON 100,000 EACH OCCURRENCE ANNUAL AGGREGATE $ 300,000 ANNUALLY SHOULD THE ABOVE CONTRACT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE PLAN WILL MAIL 60 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, HOWEVER, IN THE EVENT THE CANCELLATION IS FOR NON PAYMENT OF PREMIUM, THE PLAN WILL MAIL A 10 DAY WRITTEN NOTICE. CERTIFICATE HOLDER NAME & ADDRESS DATE OF ISSUE: 5110111 CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MN 55430 AGENCY NAME & ADDRESS AUTHORIZED REPRESENTATIVE CASTLE ROCK AGENCY INSURANCE PO Box 518 CASTLE ROCK, MN 55010 Hoene About us Programs Member services Donation Gallery Co *Afoakom -USA Annual Convention 'I• f } . The Convention will be hosted at the beautiful Occasions Atlanta facility at 2101 Northlake Parkway a= Tucker, GA 30084 Buy Tickets? Click Here Find out individual tickets, packages and donations. Donation /Annual Dues Online Executive Committee Photo Ga About Us • Afoakom -USA is a non - profit organization committed to safeguarding the cultural heritage of the Kingdom of Atlanta Kam, a semi- bantoid clan in the North West Provice of Cameroon, Central/West Africa). Afoakom -USA was founded in 2003 in St. Paul, Minnesota as a chanel for preserving and promoting the rich Kom culture among the Kom people in the US and as an organ for the social, economic, educational, cultural and infrastructural development of Kom and its people. It is our hope that through our collective effort and with support from people like you, we will effect a positive impact in our community and in our people. We hope that your visit to our website will be informative and enriching, and that you will find reason to join us in our endeavours. Visit again, as new information about us, our kingdom, our culture and our activities will be available from time to time. - Mission: • To preserve and promote the rich Kom Culture among the Kom people and their friends in the United States of America and serve as an organ for the social, economic, educational, cultural and infrastructural development of Kom and its people. Hous .. To be the most trusted agent for development and human enrichment in Kom, by fostering fraternal relations among all Kom elites in the US and friends of Kom and by inspiring Kom elites in the US and around the world to effect a change in the lives of the indegenes. Vision: • To be the most trusted agent for development and human enrichment in Kom, by fostering fraternal relations Washington DC among all Kom elites in the US and friends of Kom and by inspiring Kom elites in the US and around the world to effect a change in the lives of the indegenes. Objectives: • Stimulate and sustain interest in the Kom culture and activities of Afoakom -USA. • Promote the welfare of Woinkom and improve their quality of life in the USA. • Promote and strengthen collective self- reliance among Woinkom. • Accelerate economic growth, social progress, cultural and infrastructural development in Kom. AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 23, 2011 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Review of Community Gardens Program PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Progress Reports on Achievement of Strategic Goals 2. School District Discussions /BC Strategic Plan Report 3. All City Open House 4. Sister City Update 5. Neighborhood Designations 6. Active Living Program 7. Graduated Sanitary Utility Rate Study 8. Garbage Hauler Organized Collection Update 9. Financial Commission Report — Utility Collection 10. Youth Participation Request 11. Highway 252 Update — June 2011 12. Annual Department Year End Reports 13. Park and Recreation Commission Recommendation on "No Smoking in the Parks" Work Session Agenda Item No. 1 I MEMORANDUM - COUNCIL WORK SESSION DATE: May 20, 2011 j TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Review of Community Gardens Program Recommendation: It is recommended that the City Council consider providing direction to staff regarding the next steps related to the tabled action adopting fees for community gardens. Background: At the last City Council meeting it was agreed that the City Council discuss the status of the Community Gardens program prior to taking action regarding approval of community garden fees. Both the Parks Commission and the Housing Commission have expressed an interest in the development of a community gardens program. Recently the Parks Commission agreed to meet jointly with the Housing Commission on June 215' to discuss a plan for developing a community gardens program. We would expect that this program will be developed over the next several months and the final recommendation/alternatives should include a recommendation on costs and fees. Given this approach it seems likely the previously submitted fee recommendation will be obsolete. For this reason it may be appropriate to remove this item from table and dispose of it with a vote. Policy Issues: Council Goals: Select not more than two. Strategic: 1. We will respond to increased public awareness and interest in environmental sustainability and green community issues 19i.csinit: EustIrin (tit uttructire,chwn, 4uJe cotxtrutrritl,drat ell ltnnccs the tiltafitl`uf(ife urrrittncscrves thcrttu/rIt( trrrsf