HomeMy WebLinkAboutPC99004 - 4/15/99 - 6100 Shingle Creek Pkwyq l - q
Date Received
City of Brooklyn Center
Planning Commission Application
Please Print Clearly or Type
Application No. 6b
Address/Street Locaition of Property
Shingle Creek Pkwy.
Legal Description of Property Lot 2, Block 1 , Shingle Creek Center, Hennepin County, Minnesota
Owner Dayton -Hudson Corporation Phone No.612-761-1557
Address 1000 Nicollet Mall, Minneapolis, MN 55403
Applicant Progressive Consulting Engineers, Inc. Phone No. 612-560-9133
Address 6120 Earle Brown Dr., Suite 629, Minneapolis, MN 55430
Type of Request: n Rezoning
11 Subdivision Approval
11 Other:
Variance Special Use Permit
® Site & Building Plan Approval
Description of Request: Request approval of. proposed building expansion
Application Fee $ 500.00
Receipt No.
The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center,
within fifteen (15) days after mailing or delivery of the billing statement, the actual costs incurred by the
City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the
processing of the application. Such costs will be in addition to the application fee described herein.
Withdrawal of the application will not relieve the applicant of the obligation to pay costs incurred prior to
withdrawal.
Lance E. Newman
Applicant {Please Print) Applica t s Signature
PLANNING COMMISSION RECOMMENDATION
Dates of P. C. Consideration: 5- 9
Approved 1/ Denied this 15. day of 1 / 19 subject to the
following conditions:
Chairman
--------------------------------------------------------------------------
CITY COUNCIL ACTION
Dates of Council Consideration: -`��
Approved / Denied this o fr` day of IJka� 19 , with the following
amendment:
Clerk
Application Filed On 4-1-99
City Council Action Should
Be Taken By 5-31-99 (60 Days)
Planning Commission Information Sheet
Application No. 99004
Applicant: Progressive Consulting Engineers, Inc.
Location: 6100 Shingle Creek Parkway
Request: Site and Building Plan
The applicant, Progressive Consulting Engineers, Inc. on behalf of Dayton Hudson Corporation,
is seeking site and building plan approval for an approximate 1,200 sq. ft. addition to the north
side of the Target store building at 6100 Shingle Creek Parkway. The property in question is
zoned C-2 (Commerce) and is bounded on the north by Summit Drive, on the east by the
Brookview Plaza Shopping Center, on the south by the Shingle Creek Center (which is attached
to the Target building) and on the west by Shingle Creek Parkway. Retail uses and accessory
uses such as conducted at Target are considered permitted uses in this zoning district.
BACKGROUND
The development of the Target store and the attached Shingle Creek Center were approved by the
City Council in 1985. In 1988 Target proposed and received approval for a 13,650 sq. ft.
addition to their building to meet needed space requirements for stock room or storage space.
Prior to the expansion in 1988, Target was as large as it could be based on the City's parking
requirements at that time. In order to accommodate the needed expansion, Target proposed, as
part of their expansion plan, to have a deed restriction on the use of the property to restrict
approximately 28,000 sq. ft. which was shown and designated on their building plan as stock
room or storage space only. This would allow the City to calculate the stock room or storage
space at one parking space for every 800 sq. ft. of gross floor area rather than at the retail parking
formula. The City agreed to this consideration and authorized the expansion provided an
acceptable Declaration of Restrictive Covenant limiting the use of the building to current and
future owners be executed and filed with the title to the property. This condition was met by
Target and the expansion was accomplished.
In 1990 the City amended the retail parking formula by reducing the parking requirement to 5.5
parking spaces per 1,000 sq. ft. of gross floor area for retail developments.
PROPOSAL
Target would now like to make a small building addition at the north end of the building and to
reconfigure the interior to increase retail space within the building. They wish to do so by
utilizing the same concept used in 1988 of allowing parking based on storage space requirement
for the stock room/storage space and a retail requirement for the balance of the space adjusted to
4-15-99
Page 1
reflect the 1990 retail parking formula revision. The new breakdown would now have 20,516 sq.
ft. of stockroom/storage space (as opposed to the approximately 28,000 sq. ft. in 1988) being
calculated at one space per 800 sq. ft. of gross floor area and 99,932 sq. ft. of retail or service
area calculated at 5.5 parking spaces per 1,000 sq. ft. of gross floor area. This would require a
total of 576 parking spaces on their site.
The applicant has submitted a survey of the existing property and a site plan showing the
proposed addition along with existing parking space (517) and proof of parking spaces (63)
totaling 580 parking spaces for the entire site. Their proposal is, therefore, within the parking
limits if the deed restriction concept would be extended. Attached is a copy of the current
Declaration of Restrictive Covenant which would need to be modified, executed and filed with
the title to the property before building permits could be issued for an expansion, if this
application is to be approved.
Another matter that would need to be addressed is the existence of another restrictive covenant
that insures a 60 ft. clear area free from the construction of buildings around the Target store and
the Shingle Creek Center. This is a building code requirement that allows unlimited square
footage for the buildings. This was necessitated when the property containing the Target store
and the Shingle Creek Center was subdivided in 1985 creating a property line separation where
the Target store and Shingle Creek Center are attached. This declaration entitled First
Amendment to Restrictive Covenant Insuring Compliance with Section 506 (b) of the Uniform
Building Code may need to be modified to reflect the new building configuration and be
executed and filed with the title to the property also.
LANDSCAPING
As part of the site plan review process, we have requested the applicant to evaluate and update if
necessary the on -site landscaping based on the landscape point system. The site is 9.02 acres in
area and requires 582 landscape points. The existing landscaping points on the site amount to
616.5 although the landscaping does not meet the required breakdown. The site is short of
coniferous trees and decorative trees as well as shrubs. The applicants have, therefore, proposed
to add an additional 74.5 points to the site to bring it in line with the landscape point system
utilized by the Planning Commission for making recommendations with respect to landscape
plans. Six Black Hills Spruce trees are proposed for the landscape area at the northeast side of
the site, adding 48 points of the 74.5 additional required. Nine crabapple trees, or decorative
trees are to be added along the greenstrips on Summit Drive (5) and Shingle Creek Parkway (4)
accounting for an additional 13.5 points. Twenty-six Dogwood shrubs are also to be added, 13
of which will be located at the northwest corner of the site and 13 in the greenstrip area just
northerly of the proposed building addition adding 13 additional points. The landscape proposal
is consistent with the point system based on what the applicants are proposing to add.
4-15-99
Page 2
BUILDING
The proposed building expansion is to have an exterior consistent with the existing building
including a rounded corner at the northwest corner of the addition. The building addition will be
located between the existing northerly wall and a screen wall utilized as an outdoor cart storage
area. The plan also calls for the construction of a four inch sanitary sewer line to within five feet
of the new building addition connecting to existing sanitary sewer (private) located in the drive
lane adjacent to the store. The existing sanitary sewer connects to city sanitary sewer in Summit
Drive.
The applicant has also provided a floor plan indicating the stock room or storage areas and the
expanded retail areas at the Target store. The stock room or storage space will continue to be
along the east side of the building and a smaller stock room to be located along the north side of
the building.
RECOMMENDATION
We are somewhat reluctant to enforce zoning restrictions through the use of restrictive
covenants, however, this has been done in the past with the Target store and has not posed any
problems either parking wise or expansion wise. We do not anticipate any additional problems if
this small addition does take place and the interior is remodeled to expand the retail area within
the Target store. It will be, however, necessary that the various declarations and restrictions be
modified to reflect the new conditions and be filed with the title to the property. Approval of this
application is recommended subject to at least the following conditions:
1. Building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. 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 the completion of site improvements.
3. The building addition is to be equipped with an automatic fire extinguishing system
to meet NFPA standards and shall be connected to a central monitoring device in
accordance with Chapter 5 of the city ordinances.
4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city
ordinances.
5. The applicant shall execute a revised restrictive covenant limiting the use of the
existing and proposed stock rooms to warehouse use only under current or new
ownership. The restrictive covenant shall be reviewed and approved by the City
4-15-99
Page 3
Attorney and be filed with the title to the property at Hennepin County prior to the
issuance of building permits for this expansion.
6. The yard limit agreement prohibiting structures within 60 ft. of the building shall be
revised to reflect the proposed new expansion in a manner acceptable to the City
Attorney and be filed with the title to the property at Hennepin County prior to the
issuance of building permits.
4-15-99
Page 4
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MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR MEETING
APRIL 15, 1999
CALL TO ORDER
The regular meeting of the Planning Commission was called to order by Chair Willson at 7:30 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Dianne
Reem, and John Whitehead were present. Also present were Secretary to the Planning
Commission/Planning and Zoning Specialist Ronald Warren, Planning Commission Recording
Secretary Arlene Bergfalk. Commissioner Sean Rahn was absent.
APPROVAL OF MINUTES - MARCH 11. 1999
There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the
minutes of the March 11, meeting as submitted. The motion passed unanimously with
Commissioners Reem and Willson abstaining.
CHAIR'S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings, the
Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
APPLICATION NO. 99004 - PROGRESSIVE CONSULTING ENGINEERS, INC.
Chair Willson introduced Application No. 99004, a request for site and building plan approval for
an approximate 1,200 square foot addition to the Target Store at 6100 Shingle Creek Parkway. This
application was filed on 04-01-99 requiring City Council action by 05-31-99 (60 days).
Mr. Warren presented the staff report and used transparencies to describe the location of the
property, and the site, landscape, and parking plans. (See attached Planning Commission Information
Sheet, Application No. 99004 dated 04-15-99.)
Mr. Warren reviewed the background to the 1985 development of the Target store and attached
Shingle Creek Center and subsequent 1988 Target expansion. City approval of the 1988 expansion
required Target to execute and file a deed restriction on the use of the expansion for stock or storage
space to allow the city to calculate parking based on storage space requirements rather than on retail
space. In 1990 the City amended the zoning ordinance by reducing the retail parking formula.
04-15-99 1
Application No. 99004 submitted by Progressive Consulting Engineers, Inc. on behalf of Dayton
Hudson Corporation, proposes construction of a small addition at the north end of the existing
building using the 1988 parking concept and the revised retail parking formula. The plan includes
a reconfiguration of the store's interior to increase retail space within the building. The site plan
submitted shows the 517 existing parking spaces and provides proof of 63 additional spaces which
in total (580) exceeds the required 576 spaces under the applicable parking formula.
Subdivision of the Target store and the Shingle Creek Center property in 1985 also resulted in a
restrictive covenant ensuring a 60 foot "yard" area, free from building construction, around the
buildings. Mr. Warren indicated that this restrictive covenant should be modified by the applicant
to reflect the new building configuration, executed by the owners and filed with the property titles.
As requested by the staff, the applicant agrees to update the on -site landscaping on the site to meet
the required breakdown of landscaping points. Additional coniferous and decorative trees and shrubs
will be planted in various places to meet the requirements.
The new building will be located between the existing northerly wall and a screen wall. The exterior
will be consistent with the current building. A four inch sanitary sewer line will be constructed and
connect to an existing private sanitary sewer.
Mr. Warren recommended approval of Application No. 99004 by extension of the deed restriction
concept, subject to six conditions outlined in the staff report. He indicated the 75' x 80' addition
should not create any problems; however, he emphasized that the various declarations and
restrictions be modified to reflect the new conditions and filed appropriately for the protection of the
city and the property owners involved.
Chair Willson called for questions from the Commissioners. Reconfiguration of the stock and
storage areas, placement of additional landscaping, and proof of parking were considered.
Commissioner Reem suggested and the other Commissioners agreed to add a condition to the
application approval regarding landscaping to ensure that the required types of trees and shrubs were
in fact planted to bring the property into conformance. It was noted that the City's landscape point
system was not in effect at the time of the 1985 development of the property; however, as
opportunities arise, the City requires updating of deficient properties to meet the established point
system. (Mr. Warren indicated he would distribute a copy of the landscape point system to the
Commissioners.)
Mr. David Pederson, project architect, DHC Property Development, stated that construction is to
begin as soon as possible stating the project is on an aggressive schedule, with opening of the
reconfigured store anticipated in March 2000. The company wishes to obtain building permits in
the next month or so. Mr. Pederson expressed concern that the conditions requiring execution of the
restrictive covenant and the yard limit agreement may impede their schedule. Mr. Warren and the
Commissioners strongly emphasized that these documents must be executed and filed prior to
issuance of any building permits.
Following discussion, the Commissioners interposed no objections to Application No 99004.
04-15-99 2
ACTION RECOMMENDING APPROVAL OF APPLICATION NO 99004 PROGRESSIVE
CONSULTING ENGINEERS INC
There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to recommend
to the City Council that it approve Application No. 99004, submitted by Progressive Consulting
Engineers Inc., for site and building plan approval for an addition to the Target Store, 6100 Shingle
Creek Parkway, subject to the following conditions:
1. Building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. 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 the completion of site improvements.
3. The building addition is to be equipped with an automatic fire extinguishing system
to meet NFPA standards and shall be connected to a central monitoring device in
accordance with Chapter 5 of the city ordinances.
4. Plan approval is exclusive of all signage which is subject to Chapter 34 of the city
ordinances.
The applicant shall execute a revised restrictive covenant limiting the use of the
existing and proposed stock rooms to warehouse and storage use only. The
restrictive covenant shall be reviewed and approved by the City Attorney and be filed
with the title to the property at Hennepin County prior to the issuance of building
permits for this expansion.
6. The yard limit agreement prohibiting structures within 60 feet of the building shall
be revised to reflect the proposed new expansion in a manner acceptable to the City
Attorney and be filed with the title to the property at Hennepin County prior to the
issuance of building permits.
7. Plan approval includes the landscape plan submitted to ensure the site is brought into
conformance with current city requirements for landscaping.
Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and
Whitehead. The motion passed unanimously.
The Council will consider the recommendation at its April 26, 1999 meeting. The applicant must
be present. Major changes to the application as reviewed by the Commission requires that the
application be returned to the Commission for reconsideration.
OTHER BUSINESS
For the Commissioners' information, Mr. Warren described a small remodeling project the staff has
reviewed for approval for McDonald's restaurant located at 5525 Xerxes Avenue North that includes
04-15-99
construction of a second drive -up window at that fast food facility. The Commissioners concurred
with staff approval of the plans.
FUTURE MEETING DATES
The next meeting of the Planning Commission is scheduled for Thursday, April 29, 1999.
Commissioner Reem advised that she will be absent from that meeting.
ADJOURNMENT
There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:30
p.m.
Chair
Recorded and transcribed by:
Arlene Bergfalk
Timesaver Off Site Secretarial, Inc.
04-15-99 4
RESOLUTION NO. 99-67
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVENI IENT
PROJECT NO. 1999-09, CONTRACT 1999-F, ELEVATED STORAGE TANK REPAIR,
TOWER #1
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Hilstrom: Motion passed unanimously.
7. PLANNING COMMISSION ITEM
7a. PLANNING COMMISSION APPLICATION NO. 99004 SUBMITTED BY
PROGRESSIVE CONSULTING ENGINEERS, INC. REQUEST FOR SITE
AND BUILDING PLAN APPROVAL FOR AN APPROXIMATE 1,200 SQ. FT.
ADDITION TO THE NORTH SIDE OF TARGET STORE, 6100 SHINGLE
CREEK PARKWAY
Planning and Zoning Specialist Ron Warren gave a brief overview of Planning Commission
Application No. 99004 submitted by Progressive Consulting Engineers, Inc. request for site and
building plan approval for an approximate 1,200 sq. ft. addition to the north side of Target Store, an
6100 Shingle Creek Parkway.
A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve Planning
Commission Application No. 99004 subject to the following conditions:
1. Building plans are subject to review and approval by the Building Official with respect to
applicable codes prior to the issuance of permits.
2. 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 the completion of site improvements.
3. The building addition is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance with
Chapter 5 of the City Ordinances.
4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances.
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r
04/26/99 -4-
5. The applicant shall execute a revised restrictive covenant limiting the use of the existing and
proposed stock rooms to warehouse use only under current or new ownership. The
restrictive covenant shall be reviewed and approved by the City Attorney and be filed with
the title to the property at Hennepin County prior to the issuance of building permits for this
expansion.
6. The yard limit agreement prohibiting structures within 60 feet of the building shall be revised
to reflect the proposed new expansion in a manner acceptable to the City Attorney and be
filed with the title to the property at Hennepin County prior to the issuance of building
permits.
7. Plan approval includes the landscape plan submitted to ensure the site is brought into
conformance with current City requirements for landscaping.
Motion passed unanimously.
S. COUNCIL CONSIDERATION ITEMS
8a. SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS FROM NEU
AND COMPANY
City Manager Michael McCauley discussed the summary from NEU and Company of key
observations and conclusions from the City Council facilitated work session.
A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to receive and accept
the summary from NEU and Company. Motion passed unanimously.
8b. RESOLUTION ADOPTING YEAR 2000 POLICY AND ACTIVITIES
REPORT
Mr. McCauley provided an overview of the City's Year 2000 efforts and discussed adopting this
resolution would recognize the Year 2000 Policy and Activities Report for the Year 2000.
Council further discussed issues pertaining to the Year 2000.
RESOLUTION NO. 99-68
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING YEAR 2000 POLICY AND ACTIVITIES REPORT
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Nelson. Motion passed unanimously.
04/26/99 -5-
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Spe z-1ist*0
/ .vt •W
Subject: City Council Consideration Item - Planning Commission Application No. 99004
Date: April 21, 1999
On the April 26, 1999 City Council Agenda is Planning Commission Application No. 99004
submitted by Progressive Consulting Engineers, Inc. requesting Site and Building Plan
approval for an approximate 1,200 sq. ft. addition to the north side of the Target store, 6100
Shingle Creek Parkway.
Attached for your review are copies of the Planning Commission Information Sheet for
Planning Commission Application No. 99004 and also an area map showing the location of the
property under consideration, various site and building plans for the proposed development,
the Planning Commission minutes relating to the Commission's consideration of this matter
and other supporting documents.
This matter was considered by the Planning Commission at their April 15, 1999 meeting and
was recommended for approval.
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the conditions recommended by the Planning Commission.
April 19, 1999
Lance Newman
Progressive Consulting Engineers, Inc.
6120 Earle Brown Dr, Suite 629
Brooklyn Center, MN 55430
Dear Mr. Newman:
Please be advised that the City Council of the City of Brooklyn Center will review Planning
Commission Application No. 99004, submitted for Site and Building Plan approval, at its
meeting on Monday, April 26, 1999 in the City Hall Council Chambers, 6301 Shingle Creek
Parkway. This City Council Meeting begins at 7:00 p.m. and this matter will be considered as
soon thereafter as the City Council's agenda will permit.
The applicant or a designated representative must be present at this meeting.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 569-3300 to make arrangements.
If you have questions or comments regarding this matter, please contact me.
Sincerely,
Ronald A. Warren
Planning Commission Secretary
RAW : rsc
cc: 99004
May 13, 1999
Lance Newman
Progressive Consulting Engineers, Inc
6120 Earle Brown Dr, Suite 629
Brooklyn Center, MN 55430
Dear Mr. Newman:
This letter is to inform you of the action taken regarding Planning Commission Application No.
99004. Enclosed is an excerpt from the minutes of the Planning Commission meeting, the City
Council meeting and the Planning Commission Information Sheet pertaining to your application
for Site and Building Plan approval.
If you have questions or comments regarding this matter, please contact me.
Sincerely,
Ronald A. Warren
Planning Commission Secretary
RAW : rsc
Enclosures
CC: File No. 99004
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
April 15, 1999
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3 . Approval of Minutes - March 11, 1999
4. Chairperson's Explanation
The Planning Commission is 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.
5. Progressive Consulting Engineers, Inc. 99004
Request for Site and Building Plan approval for an approximate 1,200 sq. ft. addition to
the north side of the Target store, 6100 Shingle Creek Parkway.
6. Other Business
a. McDonald's
7. Adjournment
April 5, 1999
Lance Newman
Progressive Consulting Engineers, Inc.
6120 Earle Brown Dr, Suite 629
Brooklyn Center, MN 55430
Dear Mr. Newman,
Please be advised that the Planning Commission of the City of Brooklyn Center will review
Planning Commission Application No. 99004, submitted for site and building plan approval, at
its meeting on Thursday, April 15, 1999, at approximately 7:30 p.m. in the City Hall Council
Chambers, 6301 Shingle Creek Parkway.
The applicant or a designated representative must be present at this meeting.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
Please contact the City Clerk at 569-3300 to make arrangements.
If you have questions or comments regarding this matter, please contact me.
Sincerely,
Ronald A. Warren
Planning Commission Secretary
RAW : rsc
cc: File No. 99004
FIRST AMENDMENT TO DECLARATION
OF RESTRICTIVE COVENANT
THIS FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE
COVENANT is made as of the Q day of /iy y 1999 by and between
Dayton Hudson Corporation, a Minnesota corporation ("Declarant") as the owner of certain real
property located in the City of Brooklyn Center, County of Hennepin and State of Minnesota,
legally described as Lot 2, Block 1, Shingle Creek Center, according to the recorded plat thereof
on file and of record in the Office of the Registrar of Titles of Hennepin County, Minnesota ( the
"Property")
RECITALS
A. Declarant has executed and recorded against the Property that certain Declaration
of Restrictive Covenant dated October 10, 1988, filed as Document No.
in the Office of the Hennepin County Registrar of Titles (the "Declaration")
which restricts use of the Stockroom Area, as defined in the Declaration to use as a storage and
stockroom area.
B. Declarant plans to make improvements to the Store, as defined in the Declaration,
that will reduce the Stockroom Area to approximately 20,500 square feet.
C. Declarant wishes to memorialize the change in the Stockroom Area in this First
Amendment to Declaration of Restrictive Covenant.
NOW, THEREFORE, in consideration of the premises set forth herein and other good
and valuable consideration, Declarant hereby amends the Declaration as follows:
1. New Stockroom Area. Section 1 of the Declaration is hereby deleted and
replaced, in its entirety with the following:
1. Use of Stockroom Space. Declarant shall restrict the area
consisting of approximately 20,500 square feet which is depicted and designated
on the Building Plan as "Stockroom" (said area -being referred to herein as the
"Stockroom Area") to use solely as a storage and stockroom area for merchandise
to be sold at, or equipment to be used at, the Store. The Stockroom Area shall not
be used for display of merchandise for sale or for other selling or related activities
of Declarant including, but not limited to, the foregoing: office, restaurant, bakery,
kitchen, food preparation, customer or public restrooms, checkout space, repair or
customer service.
2. Substitution of BuildingP_lans. The Declaration is further amended by deleting
the Building Plan attached to the Declaration and replacing such Building Plan, in its -entirety,
with the Building Plan attached hereto as Exhibit A.
3. No Other Chances. Except as expressly provided herein the Declaration shall
remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the Declarant has executed this First Amendment to
Declaration of Restrictive Covenant as of the date first set forth above.
DAYTON HUDSON CORPORATION
a Minnesota corporation
Edward J. Biet
Vice President
Target Stores
STATE OF MINNESOTA )
SS
COUNTY OF HENNEPIN )
On this 23`d day of April, 1999, before me, a Notary Public within and for said County,
personally appeared Edward J. Bierman, to me personally known, who, being first by me duly
swom, did say that he is the Vice President of Target Stores, a division of Dayton Hudson
Corporation, a Minnesota corporation and that the foregoing instrument was signed by him on
behalf of said corporation by authority of its Board of Directors and Edward J. Bierman
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED -BY:
Leonard, Street and Deinard (SCM)
150 South Fifth Street, Suite 2300
Minneapolis, MN 55442
1797711.01 2
CONSENT OF THE CITY OF BROOKLYN CENTER
The City of Brooklyn Center hereby consents to the attached First Amendment to
Declaration of Restrictive Covenant.
CITY OF BROOKLYN CENTER
STATE OF MINNESOTA)
ss..
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this sA-day of ,
1999, by 65 , the (�'�vaf and Vy
&Aerr ,the �i . 1Ma ,/ of the City of Brooklyn
Center, a Minnesota public body corporate and politi n behalf of such public body.
: ,+nP:v�nnnnnnnnl►=
„:.., SHARON L.KNUTSON
NOTARYPLSUC-N,INNESOTA Notary Public
HENNEPIN COUNTY
Ity Commiss!on Ezp!rzs Jan. 31, 2000
r J.nrnMAAMhF.tir✓,^.� :.<,.PE+^.n.M11rynMN t - -
1797711.01 3
SECOND AMENDMENT TO RESTRICTIVE COVENANT
INSURING COMPLIANCE WITH SECTION 506(b) OF
THE UNIFORM BUILDING CODE
THIS SECOND AMENDMENT TO. RESTRICTIVE COVENANT INSURING
COMPLIANCE WITH SECTION 506(b) OF THE UNIFORM BUILDING CODE is made
as of the day of E:! � `� , 1999 by Ryan Shingle Creek Limited Partnership, a
Minnesota limited partnership ("Ryan"), and Dayton Hudson Corporation (formerly known as
Dayton -Hudson Corporation), a Minnesota corporation ("Target").
RECITALS
A. Ryan is the owner of Lot 1, Block 1, Shingle Creek Center (now known as Lots 1
and 2, Block 1, Shingle Creek Center 2nd Addition), according to the recorded plat thereof on
file and of record in the Office of the Registrar. of Titles, Hennepin County, Minnesota.
B. Target is the owner of Lot 2, Block 1, Shingle Creek Center, according to the
recorded plat thereof on file and of record in the Office of the Registrar of Titles, Hennepin
County, Minnesota.
C. Target and Ryan have previously entered into that certain Restrictive Covenant
Insuring Compliance with Section 506(b) of the Uniform Building Code, dated December 6,
1985, and filed in the Office of the Registrar of Titles of Hennepin County, Minnesota, as
Document No. 1690367, as amended by that certain First Amendment to Restrictive Covenant
Insuring Compliance with Section 506(b) of the Uniform Building Code, dated as of October 10,
1988, and filed in the Office of the Registrar of Titles of Hennepin County, Minnesota, as
Document No. 1968285, (as amended, the "Restrictive Covenant") whereby the parties agreed to
maintain a Yard as defined in the Restrictive Covenant and as shown on the Site Plan attached to
the Restrictive Covenant.
D. Target desires to expand its building and to expand the Yard adjoining its building
accordingly as permitted and required by paragraph 2 of the Restrictive Covenant.
E: Target and Ryan desire to amend the Restrictive Covenant by substituting the
Revised Site Plan attached to this Second Amendment, which Revised Site Plan shows Target's
expanded building and Yard, for the current Site Plan.
NOW, THEREFORE, the parties agree as follows:
1. The Restrictive Covenant is hereby amended by substituting for the current Site
Plan the Revised Site Plan attached to this Second Amendment, which Revised Site Plan shows
Target's expanded building and Yard.
1797779.02
2. Except as expressly modified herein, the Restrictive Covenant is hereby ratified
and affirmed and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Restrictive Covenant Insuring Compliance with Section 506(b) of the Uniform Building Code as
of the date set forth above.
DAYTON HUDSON CORPORATION,
a Minnesota corporatioji-�
Edvrard J. Bierman
Vice President
Target Stores
STATE OF MINNESOTA )
SS
COUNTY OF HENNEPIN )
RYAN SHINGLE CREEK LIMITED
PARTNERSHIP,
-a Minnesota limited partnership
Rv RYAN PROPERTIES. INC..
On this--.
day of , 1999, before me, a Notary Public within and for said County,
personally appeared Edward J. Bierman, to me personally known, who, being first by me duly
sworn, did say that he is the Vice President — Target Stores of Dayton Hudson Corporation, and a
duly -authorized signatory of said corporation, and that the foregoing instrument was signed by him
on behalf of said corporation by authority of its Board of Directors and Edward J. Bierman
acknowledged said instrument to be the free act and deed of said corporation.
rVa!Ta��ryPu-77i'c
097779.02 2
STATE OF MINNESOTA)
ss..
COUNTY OF HENNEPI) 1
The foregoin inst ment was acknowledged before me this 6?4 day ofJ�,
1999, by 0 it ri 2 • , the of Ryan Pro erties,
Inc., a Minnesota corporation d a general partner of Ryan Shingle Creek Limited Partnership, a
Minnesota limited partnership, on behalf of such li ited partnership. ,
LISA M. ADAIR otary Public
d" s Nor�ev wwc. �«►riaor�
' • MY COMMOWN MKS
JANUARY Zt, 2W
THIS INSTRUMENT WAS DRAFTED BY:
Leonard, Street and Deinard (SCM)
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
1797779.02 3
CONSENT OF THE CITY OF BROOKLYN CENTER
The City of Brooklyn Center hereby consents to the attached Second Amendment to
Restrictive Covenant Insuring Compliance with Section 506(b) of the Uniform Building Code.
CITY OF BROOKLYN CENTER
r
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STATE OF MINNESOTA)
ss..
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this Ist day of
1999, by ena ,the . Toy and by
i ,theeL
of the City of Brooklyn
Center, a Minnesota public Vody corporate and politi n behalf of such public body.
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DECLARATION OF RESTRICTIVE COVENANT
This Declaration of Restrictive Covenant
("Declaration") is made this loth day of October, 1988 by
Dayton Hudson Corporation ("Declarant") as the owner of
certain real property located in the City of Brooklyn
Center, County of Hennepin, State of Minnesota, and which
is legally described as Lot 2, Block 1, Shingle Creek
Center, according to the recorded plat thereof on file and
of record in the office of the Registrar of Titles,
Hennepin County, Minnesota ("the Property").
tHEI.EAS, Declarant has previously constructed and
currently operates a retail department store ("the Store")
on the Property; and
WHEREAS, Declarant desires to expand its existing
stockroom which is located within the Store from
approximately 14,000 square feet to approximately 28,000
square feet, all in accordance with the building plan,
attached hereto as Attachment One and hereby made a part
hereof ("the Building Plan"); and
WHEREAS, in order to ensure that after such expansion
the parking facilities on the Property comply with the City
of Brooklyn Center parking code requirements, it is
necessary for the Declarant to establish this Declaration
restricting the use of its expanded stockroom;
NOW, THEREFORE, in consideration of the foregoing and
other good and valuable consideration, Declarant does
hereby declare the following restriction on the Property
and the Store:
1. Use of Stockroom Space. Upon completion of the
expanded stockroom area, Declarant shall restrict the
area consisting of approximately 28,000 square feet
which is depicted and designated on the Building Plan
as "Proposed Stockroom Addition" and as "Existing
Stockroom Area" (said areas being collectively referred
to herein as the "Stockroom Area") to use solely as a
storage and stockroom area for merchandise to be sold
at, or equipment to be used at, the Store. The
Stockroom Area shall not be used for the display of
merchandise for sale or for other selling or related
activities of Declarant, including, but without
limiting the foregoing: office, restaurant, bakery,
kitchen, food preparation, customer or public
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101288/DOC2/DECLARATION
2. Burden -and Benefit to Run with the Land. The
provisions of this Declaration constitute a covenant
running with the land and shall bind the Declarant and
its successors and assigns with respect to the
Property.
3. No Modification. This Declaration shall not be
amended, revoked or altered without the prior written
consent of the City of Brooklyn Center endorsed thereon
and recorded with the Registrar of Titles in and for
Hennepin county, it being understood that if the Store
is demolished, destroyed, removed or no longer remains
on the Property for any reason, the City shall consent
to the termination of this Declaration.
4. Effective Date. This Declaration and any amendments
hereto shall be effective upon recordation with the
Registrar of Titles, Hennepin county, Minnesota.
5. Enforcement. This declaration may be enforced by the
City of Brooklyn Center acting through its City
Council. The power to enforce the covenants contained
in this Declaration shall be in addition to any other
legal or equitable remedies available to the City.
IN WITNESS WHEREOF, Declarant has caused this
Declaration to be executed as of the date first above
written.
This Instrument drafted by:
Dayton Hudson Corporation
33 South Sixth Street
Minneapolis, Minnesota 55402
—2—
"Declarant"
DAYTON HUDSON CORPORATION
By:
By:
4AA
V
Name: JCCP 1)
Title: St. Yoce President
Name: wz�m- F
Title: Assistcnt 56cfd?Qfy
STATE OF MINNESOTA
) SS.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this 40a day of 1988
by J1_ hM 4,-t) and /fJ( 1114zm P. 4c,4�
the���.-MnQe!:�_%6_,knd /L� -�Anan'kj4,pf Dayton
Hudson Corporationija Minnesota corporation, ore/behalf of
the corporation.
ANN
My commission expires:
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NOWT PUSLIC -MINNESOTA
HtNi."FIN COU14TY
My Comm'ission expires 5-17-91
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FIRST AMENDMENT TO RESTRICTIVE COVENANT INSURING
COMPLIANCE WITH SECTION 506(b) of the
UNIFORM BUILDING CODE
THIS FIRST AMENDMENT TO RESTRICTIVE COVENANT INSURING
COMPLIANCE WITH SECTION 506(b) OF THE UNIFORM BUILDING CODE is
made as of the day of /'�<- -:,, ,, (� e e , 19 -?by
RYAN CONSTRUCTI OMPANY OF MINNESOTA, INC., a Minnesota
corporation, hereinafter called "Ryan", and DAYTON HUDSON
CORPORATION (formerly known as Dayton -Hudson Corporation), a
Minnesota corporation, hereinafter called "Target".
R E C I T A L S
A... Ryan is the owner of Lot 1, Block 1, Shingle Creek
Center*, according to the recorded plat thereof on file and of
record in the Office of the Registrar of Titles, Hennepin
County, Minnesota.
B. Target is the owner of Lot 2, Block 1, Shingle Creek
Center, according to the recorded plat thereof on file and of
record in the Office of the Registrar of Titles, Hennepin
County, Minnesota.
C. Target and Ryan have previously entered into that
certain Restrictive Covenant Insuring Compliance with Section
506(b) of the Uniform Building Code, dated December 6, 1985, and
filed in the office of the Registrar of Titles, Hennepin County,
Minnesota, as Document No. 1690367 (the "Restrictive Covenant"),
whereby the parties agreed to maintain a Yard as defined in the
Restrictive Covenant and as shown on the Site Plan attached to
the Restrictive Covenant.
D. Target desires to expand its building and to expand the
Yard adjoining its building accordingly as required by paragraph
2 of the Restrictive Covenant.
E. Target and Ryan desire to amend the Restrictive
Covenant by substituting for the Site Plan attached to the
Restrictive Covenant the Revised Site Plan attached to this
First Amendment, which Revised Site Plan shows Target's expanded
building and Yard.
NOW, THEREFORE, the parties agree as follows:
1. The Restrictive Covenant is hereby amended by
substituting for the Site Plan attached to the Restrictive
Covenant the Revised Site Plan attached to this First Amendment.
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2. Except as modified herein, the Restrictive Covenant is
hereby ratified and affirmed and shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have, executed this
First Amendment to the Restrictive Covenant Insuring Compliance
with Section 506(b) of the Uniform Building Code as of the date
set forth above.
DAYTON HUDSON CORPORATION, RYAN CONSTRUCTION COMPANY OF
a Minnesota corporation MINNESOTA, INC.,
a MinesoLta corporation
By:
By:
Name: N
�� sir.�'7ice President �'.
Title: - E. Title:
By: Uu" � By:
Name: William P-Hks- Name:
Title: Assistant Secrefory Title:
Consent of the City of Brooklyn Center
The City of Brooklyn Center hereby consents to the First
Amendment of the Restrictive Covenant Insuring Compliance with
Section 506(b) of the Uniform Building Code.
CITY 0 ROOKLYN CENTE
By: zz'�"
Z'i 6-
Name: 1)_r,4&) &��l
Title: P9,9voe
By: Ife A -4
Nara e:
Title:
This Instrument drafted by:
Dayton Hudson Corporation
33 South Sixth Street
Minneapolis, Minnesota 55402
-2-
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this 4461�- day of S%z f- 1922 by Najc� C5.
and
J,o pzy -Z
7 rx�,r-a
-w,r_-Jra
and respectively, of Dayt6�,,
Hudson Corporation, a Minn&sota corporation, on behalf of the
corporation.
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BENRUTHERFORD
NMAWPLUZ4�TA
HENNEPIN COUNTY NotaryPublic
#0 PPP VYaWM*WMEXPW1E34-1843
STATE OF MINNESOTA
) ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this ZL�� day of C� C CN-\'C� 191'-W, by 7"t'\\ V
end- Q1 -
the \ (-Ic �� rl-'� F)
-an& r-easpeat-ively, of Ryan
Construction Company of Minnesota, a Minnesota corporation, on
behalf of the corporation.
#""# - --------------
jj�.c� SHARRY L. SIMO7NS
"OTARY PUBIIC - MIN11 I ESOTA]
M RAMSEY COUNTY Notar�r Public
I . 9
y C0r,,.n1s!:"!Exp'res Sept. 9. 1990
STATE OF MINNESOTA
) ss.
COUNTY OF HENNEPIN
The regoing i t t was acknowledge4j before
this aA, of 119ff--by 4
and the -$�
and respective�iy, of the City of
Brookl-yn tenter. 0
DARLENE K. WEEKS Nottary Public
1407ARY Pu2t C - MINNLS07A
HENNEP;N COUNTY
ission expires Feb. 28, 1989
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DEPARTMENT OF PLANNING AND INSPECTION
CITY OF BROOKLYN CENTER
PERFORMANCE AGRE
FILE NO. 99004
This Agreement is entered into by - Da3lon Hudson Corporation hereinafter called the Developer and the City
of Brooklyn Center, a Municipal Corporation, under the laws of the State of Minnesota, hereafter called the City.
THE WORK
The Developer has received approval- of its Development Plans by the City Council of the City (pursuant to City
Ordinances), subject to the execution of this Performance Agreement, pursuant to the City Council approval of
April 26, 1999 and in accordance with said Development Plans all of which are made a part hereof by reference.
In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as
set forth in the Development Plans, in the aforesaid Approval, and as hereinafter set forth, upon the real estate to be
described as follows: 6100 Shingle Creek Parkway (Lot 2. Block 1. Shingle Creek Center)
The Work will consist of the improvements described in the Development Plans, in the aforesaid Approval (to
include any approved subsequent amendments) and will be in compliance with all applicable Statutes, codes and Ordinances
of the City. The cost of the improvements is estimated to be $7,160
The undersigned Developer agrees that the said Work will be completed in its entirety on or before the lst
day of June . 2000 , and no extension of time will be valid unless the same will be approved in writing by the City
Manager. Said extension of time will be valid whether approved by the City Manager before or after the completion date
and failure of the City to extend the time for completion or to exercise other remedies hereunder will in no way work a
forfeiture of the City's rights hereunder, nor will any extension of time actually granted by the City Manager work any
forfeiture of the City's rights hereunder. It will be the duty of the Developer to notify the City of completion of the Work at
least 10 days prior to the Completion Date and to call for final inspection by employees of the City.
MAINTENANCE
The Performance Agreement, in its entirety, will remain in full force and effect for a period of one year after actual
completion of the Work to determine that the useful life of all Work performed hereunder meets the average standard for
the particular industry, profession, or material used in the performance of the Work. Any work not meeting such standard
will not be deemed complete hereunder. Notice of the date of Actual Completion will be given to the Developer by the
Director of Community Development of the City.
FINANCIAL GUARANTE
The developer agrees to furnish the City with a Financial Guarantee in the form of a cash escrow, a bond issued by
an approved corporate surety licensed to do business in the State of Minnesota and executed by the Developer as principal,
or other Financial Guarantee as approved by the City Manager of the City, in the amount of $ 7,000 . Such Financial
Guarantee will continue in full force and effect until the City Council will have by motion approved and accepted all of the
Work undertaken to be done, and will thereby have released the Surety and/or Developer from any further liability;
provided however, that the City Council may by motion reduce the amount of the Financial Guarantee upon partial
completion of the work, as certified by the City Manager. Such Financial Guarantee will be conditioned upon the full and
faithful performance of all elements of this Agreement and upon compliance with all applicable Statutes, codes, and
Ordinances of the City, and will further be subject to the following provisions which will be deemed to be incorporated in
such Financial Guarantee and made a part thereof.
NOTIC
The City will be required to give prior notice to the corporate surety and the Developer of any default hereunder
before proceeding to enforce such Financial Guarantee or before the City undertakes any work for which the City will be
reimbursed through the Financial Guarantee. Within ten (10) days after such notice to it, the surety will notify the City in
writing of its intention to enforce any rights it might have under this Performance Agreement or any Performance Bond by
stating in writing the manner in which the default will be cured and the time within which such default will be cured, said
time not to exceed sixty (60) days unless approved by the City.
Performance Agreement pg. 1
Revised 4-98
� 30S 1*6304*904 1.3 3*14H I
At any time after the Completion date and any extensions thereof, or during the Maintenance Period, if any of the work is
deemed incomplete, the City Council may proceed in any one or more of the following ways to enforce the undertakings herein set
forth, and to collect any and all overhead expenses incurred by the City in connection therewith, including but not limited to
engineering, legal, planning and litigation expenses, but the enumeration of the remedies hereunder will be in addition to any other
remedies available to the City.
1) CgMpktion by the City. The City, after notice, may proceed to have the Work done either by contract, by day labor, or
by regular City forces, and neither the Developer nor the Corporate Surety may question the manner of doing such work
or the letting of any such contract for the doing of any such work. Upon completion of such Work the Surety and/or the
Developer will promptly pay the city the full cost thereof as aforesaid. In the event that the Financial Guarantee is in the
form of a Performance Bond, it will be no defense by the Surety that the City has not first made demand upon the
Developer, nor pursued its rights against the Developer.
2) Specific Performance. The City may in writing direct the Surety or the Developer to cause the Work to be undertaken and
completed within a specified reasonable time. If the Surety and/or the Developer fails to cause the Work to be done and
completed in a manner and time acceptable to the City, the City may proceed in an action for Specific Performance to
require such work to be undertaken.
3) Deposit of Financial Guarantee. In the event that the Financial Guarantee has been submitted in the form of a Performance
Bond, the City may demand that the Surety deposit with the City a sum equal to the estimated cost of completing the work,
plus the City's estimated overhead expenses as defined herein, including any other costs and damages for which the Surety
may be liable hereunder, but not exceeding the amount set forth on the face of the Performance Bond, which money will
be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as
hereinbefore specified, and the balance will be returned to the Surety. This money will be deposited with the City within
ten (10) days, the City will have the right to proceed against the Surety with whatever legal action is required to obtain the
deposit of such sum.
4) Funds on Deposit. In the event that the Financial Guarantee is in the form of cash, certified check, or other arrangement
making the Financial Guarantee immediately accessible to the City, the City may, after notice to the Developer, deposit the
Financial Guarantee in its General Account. The City may then proceed to complete the Work, reimburse itself for the
cost of completion as defined hereunder, and return the balance to the Developer.
PROCEDURES
A copy of this Performance Agreement will be attached to the Corporate Surety Bond, if any, and reference to this
Performance Agreement will be made in any such bond, but no corporate surety will assert as a defense to performance hereunder,
any lack of reference in the bond to this Performance Agreement.
The original and two copies of this Agreement, properly executed, together with the appropriate Financial Guarantee will
be submitted to the City.
IN WITNESS WHEREOF, the Developer and the City have executed this Agreement this /S 7' _ day of
Subscribed and sworn to before me this
day of
(� ///, v 6 /4, c �—
A111VAM&&�VW Vv%i � �;,- - - - i
PENNY S. SJOD111
NOTARY PUB1.10 - MINNESOTA
2000
My COMMIUlon Expim Jm- 31, no
Zoning Official
Performance Agreement pg. 2
Revised 4-98
OTARGET
A. DivisidTi of Dayton Hudson Corporation 416389
P.O. Box 1392 - Cash Management
Minneapolis, Minnesota 55440
23-164
7, 1021
C
TO THE -
PAY ORDER OF CITY OF BROOKLYN UENTER DATE
AMOUNT
:05/27/99: -4r-$7000.
MUST BE CO -SIGNED IF OVER ONEMILLION DOLLARS
THIS C HECK NOT. VALIOAFTER 90 DAYS
PAYABLE THROUGH THE
Colorado National ' Bank Aspen VOID -OVER S7000.00
420 East Main Street
Aspen, CO 81611
1, P33 8 9 1: 10 2 10 IC34 SO: I 2C34C1000 30 3 ?111
TARGET STORES DETACH AND RETAIN THIS STATEMENT F3539.20 (REV. 5-97)
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW.
P-0 - BOX 1392 IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED.
MINNEAPOLIS, MINNESOTA 55440 416389
DATE DESCRIPTION
AMOUNT
0416389
05/27/1991 T-2240 BROOKLYN CTR CSI 01065
7,000.00
7�
August 1, 2003
Target
P. 0. Box 1392 — Cash Management
Minneapolis, MN 55440
To Whom It May Concern:
This letter is to inform you that the Brooklyn Center City Council released the entire remaining
obligation of your performance agreement at its regular meeting on July 14, 2003.
Enclosed please find a check for $7,000 held by the City to insure completion of approved site
improvements for 6100 Shingle Creek Parkway (Target).
If you have any questions or comments regarding this matter, please contact me at 763-569-3300.
Yours truly,
Ronald A. Warren
Planning and Zoning Specialist
RAW:rsc
CC: Progressive Consulting Engineer's, Inc.
Mr. Lance Newman
6120 Earle Brown Drive, Suite 629
Minneapolis, NIN 55430
Enclosure
7e. APPROVAL OF APPLICATION FROM ST. ALPHONSUS CHURCH TO
CONDUCT RAFFLES ON NOVEMBER 8 AND 9,2003
A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the
application from St. Alphonsus Church to conduct raffles on November 8 and 9, 2003. Motion
passed unanimously.
7f. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASES FOR
HOLIDAY STATIONSTORE, 420 66 TH AVENUE NORTH; AND TARGET
STORE, 6100 SHINGLE CREEK PARKWAY
A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the site
performance guarantee releases for Holiday Stationstore, 420 66 th Avenue North, and Target Store,
6 100 Shingle Creek Parkway. Motion passed unanimously.
7g. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING
THE REMOVAL OF DISEASED TREES
RESOLUTION NO. 2003-103
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF
DISEASED TREES
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed unanimously.
7h. AN ORDINANCE VACATING A PORTION OF STREET RIGHT-OF-WAY:
SHINGLE CREEK PARKWAY SOUTH OF 69TH AVENUE NORTH
A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading
and set second reading and public hearing on August 11, 2003. Motion passed unanimously.
7i. AN ORDINANCE VACATING A PORTION OF UTILITY EASEMENT
ALONG GARDEN CITY ELEMENTARY SCHOOL, OSSEO SCHOOL
DISTRICT NO. 279
A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading
and set second reading and public hearing on August 11, 2003. Motion passed unanimously.
7j. RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE
AGREEMENT WITH IN -CONTROL INC. FOR THE SUPERVISORY
CONTROL AND DATA ACQUISITION SYSTEM
07/14/03 -5-
MAY 20 '99 03:24PM PROGRESSIVE CONSULTING ENGR INC P.2
PROGRESSIVE
CONSULTING
ENGINEERS, INC.
CIVIL ENGINEERS 6120 Earle Brown Dr.
Minneapolis, MN 55430
(612) 560-9133
ROUTING
RECORD OF TELEPHONE CONVERSATION 411-t-4"'i"filtoill_
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DATE;
TIME:
CONTACT: V-0/v "1' .0
MADE CALL
REC'D CALL
SUMMARY OF CONVERSATION;
PROJ. NO.
11
PROJECT:
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SUBJECT: :9jZg,/
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PHONE NUMBER: d-A ? _'_ 3-5, � � ")
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FOLLOW-UP OBLIGATION:
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1. The final plat is subject to review and approval by the City
Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the
City Ordinances. NI. —I
3. The applicant shall enter into a Subdivision Agreement
stipulating responsibility for extension of standard
residential water service to the proposed Lot 2.
Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and
Johnson. Voting against: none. The motion passed.
APPLICATION NO. 88014 (Target Stores)
The Secretary introduced the last item of business, a request for site and building
plan approval to construct a 13,650 sq. ft. stockroom addition to the Target store at
6100 Shingle Creek Parkway. He reviewed the staff report (see Planning Commission
Information Sheet for Application No. 88014 attached).
The Secretary stated at present materials are being stacked higher than permitted
for fire sprinkler requirements and has been inspected by both the Building Official
and the Fire Chief who have ordered corrections which the applicants are making.
A discussion ensued regarding parking. The Secretary stated when the new stockroom
addition is completed the employee parking lot will be relocated to the back of the
building and the need for trailers being parked on the lot should be eliminated as
more materials can be stored inside the building. He noted that some kind of
protection, such as a wheel stop, should be provided on the north side of the new
addition to prevent vehicles from running into the building.
Chairman Lucht asked the applicant if he wished to speak. The architect, Ed Nft�-
Oathout, stated Target is willing to comply with the conditions listed in the staff
report.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88014 (Target)
Motion by Commissioner Malecki seconed by Commissioner to recommend approval of
Application No. 88014 subject to the following conditions:
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance
of permits.
2. A site performance agreement and supporting financial guarantee
(in an amount to be determined by the City Manager) shall be
submitted prior to the issuance of permits.
3. Any outside trash disposal facilities and rooftop mechanical
equipment shall be appropriately screened from view.
4. The building addition is to be equipped with an automatic fire
extinguishing system to meet NFPA standards and shall be
connected to a central monitoring device in accordance with
Chapter 5 of the City Ordinances.
5. Plan approval is exclusive of all signery which is subject to
Chapter 34 of the City Ordinances.
6. B612 curb and gutter shall be provided around all parking and
driving areas.
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7. The applicant shall execute a restrictive covenant limiting the
use of the existing and proposed stockrooms to warehouse use only
under current or new ownership. Said restrictive covenant shall
be filed with the title to the property at the County prior to the
issuance of permits.
8. The yard limit agreement Prohibiting structures within 601 of the
building shall be revised to reflect the proposed stockroom
expansion prior to the issuance of permits.
9. The plans shall be revised prior to consideration by the City
Council to indicate a minimum 41 high masonry wall screening the
newly designated cart storage area.
Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and
Johnson. Voting against: none. The motion passed.
DISCUSSION ITEM
a) Preview of the Earle Brown Farm Development
The EDA Coordinator, gave a presentation and showed drawings of the proposed
restoration of the Earle Brown Farm. He stated a formal site plan will be available
in October and be before the Planning Commission for review. He explained the City
acquired the Earle Brown Farm approximately 3 years ago and the restoration will be
done in stages. He stated the Farm is a State Historic Site.
The EDA Coordinator then explained the proposed uses of the existing buildings. He
stated the hippodrome will be used for multiple purposes such as trade shows,
banquets, and museum and will be able to seat approximately 850 people; the stable
will be used for office space for adminstration, and possibly for the Bureau of
Tourism, the Chamber of Commerce and a small restaurant; the bunkhouse will be used
for storage; the housing complex will serve as a bed and breakfast facility and the
porch may serve small private. lunches. He stated there are several land use issues
involved such as parking (400 to 450 spaces are needed) and traffic generation on
evening and weekends. The Secretary explained the distribution of parking and
noted that all uses will not be operating at the same time. He stated if there is a
parking demand, a ramp may be needed in the future.
Commissioner Bernards asked how long the tax increment program will be in place.
The EDA Coordinator responded approximately 17 years, but could go up to 25 yeara.
Commissioner Bernards asked what kind of schedule is planned. The EDA Coordinator
stated January 1, 1989 is a tentative starting date, bed/breakfast facility
available in July or August and other areas in late 1989 or early 1990.
Commissioner Sander asked what size the restaurant will be. The EDA Coordinator
stated it will have approximately 120 seats.
ADJOURNMENT
Motion by Commissioner Malecki seconded by Commissioner Bernards to adjourn the
meeting of the Planning Commission. The motion passed unanimously. The Planning
Commission adjourned at 10:55 p.m.
Chairman
9-8-88 -8-
2. The final plat is subject to the provisions of Chapter 15 of the City
Ordinances.
3. The applicant shall enter into a Subdivision Agreement stipulating
responsibility for extension of standard residential water service to
the proposed Lot 2.
The motion passed unanimously.
PLANNING COMMISSION APPLICATION NO, 88014 SUBMIJTED BY TARGET STORES REQUESTING
SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 13,650 SO. FT. STOCKROOM ADDITION
TO THE TARGET STORE AT 6100 SHINGLE CREEK PARKWAY
The City Manager noted this item was recommended for approval by the Planning
Commission at its September 8, 1988, meeting. Councilmember Lhotka stated he
would abstain from discussion and votes regarding this issue. The Director of
Planning and Inspection directed the Mayor and Councilmembers to pages seven and
eight of the September 8, 1988, Planning Commission meeting minutes and
information sheet. He went on to briefly review the location of the proposed
addition and noted when the stockroom addition is complete the employee parking
lot will be relocated to the back of the building. He added a public hearing is
not required on this application, but the applicant is present to answer any
questions the Council may have.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve Planning Commission Application No. 88014 submitted by Target Stores
subject.to the following conditions:
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of
permits.
2. A site performance agreement and supporting financial guarantee (in an
amount to be determined by the City Manager) shall be submitted prior
to the issuance of permits.
3. Any outside trash disposal facilities and rooftop mechanical equipment
shall be appropriately screened from view.
4. The building addition is to be equipped with an automatic fire
extinguishing system to meet NFPA standards and shall be connected to a
central monitoring device in accordance with Chapter 5 of, the City
Ordinances.
5. Plan approval is exclusive of all signery which is subject to Chapter
34 of the City Ordinances.
6. B612 curb and gutter shall be provided around all parking and driving
areas.
7. The applicant shall execute a restrictive covenant limiting the use of
the existing and proposed stockrooms to warehouse use only under
current or new ownership. Said restrictive covenant shall be filed
9-19-88
-10-
with the title to the property at the County prior to the issuance of
permits.
8. The yard limit agreement prohibiting structures within 60, of the
building shall be revised to reflect the proposed stockroom expansion
prior to the issuance of permits.
9. The plans shall be revised prior to consideration by the City Council
to indicate a minimum 4' high masonry wall screening the newly
designated cart storage area.
The motion passed. Councilmember Lhotka abstained from the vote.
1989 ANNUAL CITY BUDGET
The City Manager briefly reviewed the changes which were made to the proposed
1989 City budget. He then presented the three resolutions which were required
to approve the budget for 1989.
RESOLUTION NO. 88-160
Member Bill Hawes introduced the following resolution and moved its adoption:
RESOLUTION TO ADOPT THE 1989 BUDGET
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and the motion passed unanimously.
RESOLUTION NO. 88-161
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1989 BUDGET APPROPRIATIONS
I
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and the motion passed unanimously.
RESOLUTION NO. 88-162
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING A $79,000 PROPERTY TAX LEVY FOR THE PURPOSE OF DEFRAYING
THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 462.411 THROUGH
462.711, OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
FOR THE YEAR 1989
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
ADJOURNMENT
There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes
to adjourn the meeting. The motion passed unanimously. The Brooklyn Center
City Council adjourned at 9:30 p.m.
-0':3L-7LL
City Clerk
9-19-88 -11-
Man'
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