HomeMy WebLinkAbout2020-114 CCRMember Graves introduced the following resolution and
moved its adoption.
RESOLUTION NO. 2020-114
RESOLUTION REGARDING RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2020-009 SUBMITTED BY
DORAN COTE ON BEHALF OF THE CITY OF BROOKLYN CENTER,
REQUESTING APPROVAL OF THE PRELIMINARY AND FINAL PLAT FOR
MOUND CEMETERY SECOND ADDITION (3515 69' AVENUE NORTH
AND COUNTY IDENTIFIED AS 6705 BEARD AVENUE NORTH)
WHEREAS, Planning Commission Application No. 2020-009 was submitted by
Doran Cote on behalf of the City of Brooklyn Center ("the Applicant"), requesting preliminary and
final plat approval to subdivide approximately one (1) acre of the approximately 15-acre property
located at 3515 69th Avenue North and County identified as 6705 Beard Avenue North ("the
Subject Property") for continued use as Freeway Park; and
WHEREAS, discussions arose in 2013 between the City of Brooklyn Center and
Mound Cemetery Association regarding a 75-year lease in place on the southern four (4) acres of
the Subject Property for use as the City of Brooklyn Center's Freeway Park; and
WHEREAS, said lease was recorded in January 1970 with an outlined lease
expiration of December 3 1, 2044; and
WHEREAS, the Mound Cemetery Association initially requested a complete
vacation of the lease to allow for a transition of the park land back to the cemetery for its originally
intended use due to an emerging interest in natural burials, a desire for upright monuments, and a
growing religious community whose burial requirements deviate from the traditional East-West
rotation; and
WHEREAS, the City continued negotiations with the Mound Cemetery Association
and ultimately brought on a consultant in October 2018 to develop a master plan for the future of
Freeway Park; and
WHEREAS, following a review of the completed master plan, the Mound
Cemetery Association agreed to donate one (1) acre of the Subject Property to facilitate the master
pIan and the continued existence of Freeway Park; albeit on a smaller scale; and
WHEREAS, an agreement to re -plat the Subject Property to MOUND
CEMETERY SECOND ADDITION was reached between the City of Brooklyn Center and
Mound Cemetery Association through a Memorandum of Understanding (MOU), and
memorialized on January 27, 2020 under City Council Resolution No. 2020-21, which authorized
the execution of said Memorandum of Understanding; and
WHEREAS, a review of the proposed re -plat identified the need to dedicate new
RESOLUTION NO. 2020-114
right-of-way (ROW) or road easement to cover missing portions along 0 / Avenue North, and that
the existing utility and street easements along the south portion of the Subject Property are to
remain in place; and
WHEREAS, on November 12, 2020, the Planning Commission of the City of
Brooklyn Center, Minnesota held a duly called public hearing, whereby this item was given due
consideration, a staff report was presented, and a public hearing was opened to allow for public
testimony regarding the plat requests for MOUND CEMETERY SECOND ADDITION, which
were received and noted for the record; and
WHEREAS, the Planning Commission has determined during its review of the plat
and materials submitted with Planning Commission Application No. 2020-009, that said plat is
in general conformance with the City of Brooklyn Center's City Code of Ordinances, and
specifically Chapter 15 —Platting.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Brooklyn
Center, Minnesota does hereby recommend that Planning Commission Application No. 2020-009,
as submitted by Doran Cote on behalf of the City of Brooklyn Center, and requesting preliminary
and final plat approval for MOUND CEMETERY SECOND ADDITION, and dedication of
certain easements and/or right-of-way, may be approved based upon the following conditions:
1. Approval of the preliminary and final plats for MOUND CEMETERY SECOND
ADDITION are contingent upon the addressing of comments by Assistant City Engineer
Hogg in his memorandum dated November 6, 2020 and execution of a Memorandum of
Understanding (MOU) between the City of Brooklyn Center and Mound Cemetery
Association as memorialized under City Council Resolution No. 2020-21;
2. Final plat and Mylar shall be subject to the provisions of Chapter.l5 of the City Code of
Ordinances (Platting);
3. Any comments and/or requirements as provided by Hennepin County;
4. Any comments and/or requirements from the City Attorneys office, and specifically
regarding an updated certified abstract of title; and
5. The successful recording of said plat (Mylar) with Hennepin County.
RESOLUTION NO. 2020414
November 23% 2020
Date/
ATTEST:
City Cleric
Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
Ryan
and upon vote being taken thereon, the following voted in favor thereof:
Butler, Elliott, Graves, Lawrence -Anderson, Ryan
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.