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Recreation and Community Center Phone & TDD Number (612) 569-3400 * FAX (612) 569-3494
An Affirmative Action/Equal Opportunities Employer
City of Brooklyn Center
. —
A great place to start. A great place to stay.
August 26, 1997
Recreation and Community Center Phone & TDD Number (612) 569-3400 • FAX (612) 569-3494
An Affirmative Action/Equal Opportunities Employer
r
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JULY 17, 1997
CALL TO ORDER
The Planning Commission meeting was called to order by Chair pro tern Dianne Reem at 7:40 p.m.
ROLL CALL
Chair Dianne Reem, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, and Brian
Walker were present. Also present were Secretary to the Planning Commission/Planning and Zoning
Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk.
Commissioner Tim Willson was excused. Commissioner Mark Holmes entered the meeting at 7:46
p.m.
APPROVAL OF MINUTES - JUNE 26 1997
There was a motion by Commissioner Boeck, seconded by Commissioner Walker, to approve the
minutes of the June 26, 1997 meeting, as submitted. The motion passed unanimously.
Commissioners Newman and Reem abstained.
CHAIR'S EXPLANATION
Chair Reem 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. 97009 (,H.T.P.O.,1NC.)
Chair Reem introduced Application No. 97009, a request submitted by H.T.P.O., Inc. on behalf of
Shingle Creek Hospitality, LLP, for approval of a preliminary Registered Land Survey (RLS) to
divide Tract B, RLS 1619, into two parcels. The property, zoned PUD/I-1, is located at 2050
Freeway Boulevard.
Mr. Warren presented the staff report using overhead transparencies to describe the location of the
4.12 acre site. (See attached Planning Commission Application Information Sheet dated 7-17-97.)
The westerly parcel, Tract A, will be a 1.8155 acre parcel on which the Americlnn, an 84 unit hotel,
is currently under construction. The easterly parcel, Tract B, will be a 2.3046 acre parcel, and is
proposed to be marketed for restaurant use. A Planned Unit Development (PUD) was approved
under Application No. 96020 for the Americlnn. At that time, the owners expressed their intent to
find additional use for the property. This subdivision creates a separate tract for each use and
requires an amendment to the previously approved PUD when a restaurant proposal comes forward.
The preliminary RLS provides for adequate parking for the Americlnn and shared accesses for the
two tracts. A cross access easement and various existing easement. documents that continue with this
division must be filed with the final RLS. These include parking, building setbacks, drainage and
holding pond easements.
Mr. Warren noted that a condition of approval for the hotel PUD that prohibits the undeveloped area
(Tract B) to be used for fast food/convenience food restaurant, or a gasoline service station remains
in effect. In addition, the City Engineer will ascertain the status of easements for water and sewer
lines for appropriate attachment to the RLS.
Mr. Warren stated the RLS appears to be in order and recommended approval subject to three
conditions outlined in the staff report.
Chair Reem called for questions from the Commissioners.
Commissioner Newman inquired about the difference between a RLS and customary platting. It was
explained that this application does not include any public dedications or easements since they
currently exist, and corresponds with the filing method of adjoining properties. A declaration of
existing easements is, however, filed with the RLS, which describes the shared mutual agreements
between the surrounding properties.
Commissioner Boeck requested clarification on various easements, inquired about the location of
the water main, use of the sewer system, and noted that the proposed Tract B parcel urgently requires
mowing. Mr. Warren and Mr. Lloyd Pugh, surveyor, representing the applicant, responded to
Boeck's questions.
Commissioner Reem inquired about the restaurant plans for Tract B. According to Mr. Pugh, the
parcel has not yet been sold by the owner, therefore, no information regarding its use is available at
this time.
Commissioner Erdmann suggested that an east/west re -orientation of the drainage pond located on
Tract B could make more efficient use of the parcel. Mr. Pugh indicated that when Tract B is
developed, such consideration would involve the surrounding property owners that mutually oversee
the purpose of that detention pond.
PUBLIC HEARING (APPLICATION NO. 97009, H.T.P.O. INC.
There was a motion by Commissioner Boeck, seconded by Commissioner Holmes to open the public
hearing on Application No. 97009 at 8:07 p.m. The motion passed unanimously. There being no
public comments, upon motion by Commissioner Newman, seconded by Commissioner Holmes,
the public hearing on Application No. 97009, closed at 8:07 p.m. The motion passed unanimously.
7-17-97 2
The Commissioners interposed no objections to approval of the preliminary Registered Land Survey
dividing Tract B, RLS 1619 into two parcels, subject to certain conditions.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 97009 H.T.P.O. INC.
There was a motion by Commissioner Boeck, seconded by Commissioner Holmes, to recommend
to the Council that it approve Application No. 97008, a request submitted by H.T.P.O., Inc., to
divide Tract B, RLS 1619, into two parcels to be known as Tracts A & B, of a yet unnumbered
Registered Land Survey (RLS), subject to the following conditions:
The final RLS is subject to review and approval by the City Engineer,
2. The final RLS is subject to the provisions of Chapter 15 of the City Ordinances.
3. Appropriate driveway and cross access easements shall be developed and filed with
the titles to the properties in question. These easements are subject to the review and
approval of the City Engineer and City Attorney prior to final RLS approval.
Voting for: Chair pro tem Holmes, Commissioners Boeck, Erdmann, Newman, Reem, and Walker.
The motion passed unanimously.
The Council will consider the recommendation at its Monday, July 28, 1997 meeting. The applicant
must be present. Major changes to the application as reviewed by the Commissioners will require
that the application be returned to the Commission for re -consideration.
ORDINANCE AMENDING CHAPTER 35 REGARDING ACCESSORY BUILDINGS IN THE
R-1 AND R-2 ZONING DISTRICTS
Mr. Warren directed the Commissioners' attention to the draft ordinance amendment based on the
Commission's discussion at its May 29 and June 26 meetings. He reviewed the changes which
consolidates accessory building regulations into one zoning ordinance, eliminates the 1000 sq. ft.
limitation on the size of a single accessory building, and utilizes the State Building Code to limit the
size of an accessory building. The ordinance states that no accessory building shall be provided with
sanitary sewer facilities, no more than two accessory buildings shall be permitted on any one
residential premises, and the total ground coverage of the accessory building or buildings shall not
exceed the ground coverage of the principal building/residence. A clarifying phrase is also added
to Section 35-310, l .b.9: "The renting of not more than two sleeping rooms in the principal building
by a resident family, providing adequate off-street parking is provided." Mr. Warren noted that on
June 26 the Commissioners tabled final action on the amendment to this meeting pending
Commissioner Newman's comments.
Commissioner Newman stated that after careful review of the issues, he concurs with the proposed
ordinance amendments as outlined by the Secretary.
7-17-97
FA
PROJECT NO. 1995-05, CONTRACT 1997-G, 69TH AVENUE, SHINGLE CREEK
PARKWAY TO DUPONT AVENUE, LANDSCAPING
The motion for the adoption of the foregoing resolution was duly seconded by member
Hilstrom and passed unanimously.
LICENSES
Amusement Devices - Operator
Mendota Valley Amusement, Inc. 9177 East Courthouse Boulevard Court, Inver
Grove Heights
Amusement Devices - Vendor
Chi-Chi's
Mechanical Systems
O'Brien Mechanical Systems
Rental Dwellings
Renewal:
Helene Ebhardt
Gary Nesseth
2101 Freeway Boulevard
144 Glenwood Avenue, Minneapolis
5639 Girard Avenue North
5919 Pearson Drive
OPEN FORUM
Mr. Walt Wenholz, 501 69th Avenue North, requested that "No Parking" signs be put up on
69th Avenue across from the apartments.
Mr. David Gelvick, 210171 st Avenue North, requested an amended timetable for completion
of code compliance items for his property.
PLANNING COMMISSION ITEM
PLANNING COMMISSION APPLICATION NO.97009 SUBMITTED BY LLOYD T. PEW
H.T.P.O., INC., REQUESTING A PRELIMINARY REGISTERED LAND SURVEY TO
DIVIDE TRACT B. RLS 1619. LOCATED AT THE NORTHWEST CORNER OF SHINGLE
CREEK PARKWAY AND FREEWAY BOULEVARD, INTO TWO PARCELS
City Manager McCauley introduced Planning Commission Application No. 97009, submitted
by Lloyd T. Pew, H.T.P.O., Inc. This was a request for a preliminary Registered Land Survey
to divide Tract B, RLS 1619, which is located at the northwest corner of Shingle Creek
7/28/97 -4-
Parkway and Freeway Boulevard, into two parcels.
This Application was considered by the Planning Commission at its July 17, 1997, meeting and
was recommended for approval, subject to several conditions.
Planning and Zoning Specialist Ron Warren answered several Council questions.
A motion was made by Councilmember Carmody to approve Planning Commission
Application No. 97009 for a preliminary Registered Land Survey subject to the following
conditions:
1) The final plat is subject to review and approval by the City Engineer,
2) The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3) Appropriate driveway and cross access easements shall be developed and filed with the
titles to the properties in question. These easements are subject to the review and
approval of the City Engineer and City Attorney prior to final plat approval.
The motion was seconded by Councilmember Hilstrom and passed unanimously.
COUNCIL CONSIDERATION ITEMS
REPORT FROM FINANCIAL COMMISSION
Financial -Commission Chair Donn Escher presented a report of the July 17, 1997, Financial
Commissions' recommendations to the City Council on the issues of the .upcoming bond
election and for long range planning for the City's capital needs.
The four recommendations made by the Financial Commission -were:
1) That the City Council develop and prioritize a list of major capital expenditure needs
and the anticipated methods of providing for their funding.
2) That the City Council develop a long-term comprehensive financial plan.
3) That the City Council consider a single question for the ballot (to address police and fire
needs) with the amount of the bond issue to be between $7,500,000 to $8,500,000.
4) That the City Council consider the impact on the City's tax base as one of the site
selection factors, with regard to selecting a new site for a police department building.
7/28/97 -5-
Planning Commission Information Sheet
Application No. 97009
Applicant: H T P O, Inc. on Behalf of Shingle Creek Hospitality, LLP
Location: Northwest Corner of Shingle Creek Parkway and Freeway Boulevard
Request: Preliminary Registered Land Survey
The applicant is seeking approval of a preliminary Registered Land Survey that will divide Tract
B, RLS 1619 into two parcels to be known as Tracts A & B of a yet unnumbered Registered
Land Survey. The property in question is zoned PUD/I-1 (Planned Unit Development/Industrial
Park) and is located at the northwest corner of Shingle Creek Parkway and Freeway Boulevard.
The parcel is currently addressed as 2050 Freeway Boulevard.
The property under consideration is a 4.12 acre site and is bounded on the north by Parkway
Circle (a private access drive serving various businesses in the area) with the Parkway Place
office/industrial building on the opposite side; on the east by Shingle Creek Parkway with a
building containing various industrial uses and the Spiritual Life Ministries on the opposite side;
on the south by Freeway Boulevard with Chi Chi's Restaurant on the opposite side; and on the
west by the Minnesota State High School League office building.
As previously mentioned, this subdivision would create two tracts of land. The westerly parcel,
Tract A, would be a 79,081 sq. ft. (1.8155 acres) parcel on which the AmericInn, an 84 unit
hotel, is currently being constructed. The proposed Tract B would be 100,387 sq. ft.(2.3046
acres) and is proposed to be marketed for a restaurant use on the site. The AmericInn proposal
was approved as part of a Planned Unit Development for this area (Application No. 96020) at
which time the owners of the property indicated their desire to find an additional use for the
property. This subdivision would create a separate tract of land available for such use and the
development of such a proposal would require an amendment to the Planned Unit Development
approval for this property.
The preliminary Registered Land Survey shows the location of the AmericInn and its parking lot
within the proposed Tract A. This corresponds with the development proposal approved under
the Planned Unit Development and also the plans submitted for the building permit. As
mentioned previously, construction of the AmericInn is underway at this time. The 84 unit hotel
complex requires 96 parking spaces based on the parking formula of one parking space per unit
and one parking space for each employee at the maximum shift. Twelve employees were
indicated during the plan review for this proposal. Therefore, 96 parking spaces are required.
The preliminary Registered Land Survey shows parking for 97 cars with the ability to add three
additional spaces for total parking of 100 parking spaces on the proposed lot.
The plan calls for shared accesses between the proposed Tracts A & B. Access to the sites is to
be gained via Freeway Boulevard on the south and an access drive which is split by the proposed
property line on Parkway Circle at the north. Appropriate cross access easements allowing these
7-17-97
Page 1
shared accesses must be developed and filed with the final RLS for this property.
The preliminary RLS shows various easement documents that will be continued with this
division of land. For instance, there are parking and building setback easements of 15 and 25
feet respectively along the north side of both proposed tracts. Also, a drainage easement exists
along the south side of both proposed tracts as well as a larger easement area for the holding
pond located at the southeast corner of the proposed Tract B. These easements will need to be
continued as well.
The City Engineer is reviewing the proposed preliminary Registered Land Survey and may be
offering additional comments.
A point which should be mentioned again is the matter of future development of the proposed
Tract B. A condition of approval for the Planned Unit Development for the AmericInn project
indicated that the City will not allow the undeveloped area, which is now to be Tract B, to be
developed as a fast food/convenience food restaurant or a gasoline service station. This position
does not change even though the land is being divided into separate parcels.
The parcel of land being divided is less than five acres in area and, therefore, no Watershed
Commission review is required with this subdivision. The Shingle Creek Watershed
Management Commission has reviewed a watershed plan for this area in the past and the
ponding area at the southeast corner of the proposed Tract B is sufficient to handle development
that might be proposed along with development that has taken place, or is taking place, in the
immediate area.
A public hearing has been scheduled for this preliminary Registered Land Survey and a notice of
the Planning Commission consideration has been published in the Brooklyn Center Sun/Post.
RECOMMENDATION
The proposed preliminary Registered Land Survey 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 review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Appropriate driveway and cross access easements shall be developed and filed with
the titles to the properties in question. These easements are subject to the review and
approval of the City Engineer and City Attorney prior to final plat approval.
7-17-97
Page 2
City of Brooklyn Center
A great place to start. A great place to stay,
July 23, 1997
Shingle Creek Hospitality L.L.P.
Tom Wold
C/O Wold Johnson, P.C.
400 Gate City Building
500 Second Ave N
P. O. Box 1680
Fargo, ND 58107
Dear Tom,
Please be advised that the City Council of the City of Brooklyn Center will review Planning
Commission Application No. 97009, submitted for proposed Preliminary Registered Land Survey,
at its meeting on Monday, July 28, 1997, at approximately 7:00 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,
X a . L'.j O-A��
Ronald A. Warren
Planning Commission Secretary
cc: File No. 97009
6301 Shingle Creek Pkivy, Brooklyn Center, MN 55430-2199 • City Hall & TDD Number (612) 569-3300
Recreation and Community Center Phone & TDD Number (612) 569-3400 • FAX (612) 569-3494
An Affirmative Action/Equal Opportunities Employer
W
SUBDIVISION AGREEMENT
THIS AGREEMENT, Made and entered into this �' ay of 0 t� r O bas- , 19 cl7 , by
and between Shingle Creek Hospitality, L.L.P., a Minnesota limited liability partnership, hereinafter
referred collectively as the "Owner", and the CITY OF BROOKLYN CENTER, a Minnesota
municipal corporation, hereinafter called the "City."
WHEREAS, the Owner owns property described as Tract B, Registered Land Survey No.
1619, which is located in Section 35, Township 119, Range 21, in the City of Brooklyn Center,
Hennepin County, State of Minnesota, and wishes to subdivide the property into a yet to be numbered
Registered Land Survey as shown on attached Exhibit A and hereinafter called the "Subdivision", and
in consideration of the approval thereof by the City is willing to execute this agreement; and
WHEREAS, Section 15-109 of the Brooklyn Center City Ordinances requires the Owner to enter
into agreement with the City to provide for the construction of improvements required to provide
service to the Subdivision, and to provide for a method of payment for such improvements:
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DIVISION 1 - APPLICATION OF THIS AGREEMENT
1.1 The provisions of this agreement shall apply to all portions of the Subdivision. All references
to portions or tracts within the Subdivision shall be deemed to apply to all portions or tracts of the
Subdivision, unless the context in which such reference is used clearly indicates it applies to only
specified portions or tracts.
1.2 The provisions of this agreement shall run with the land and shall bind the Owner, its heirs,
executors, successors, and assigns.
DIVISION 2 - UNPAID SPECIAL ASSESSMENTS
2.1 That Exhibit B, attached hereto, summarizes the unpaid portions of current special assessments
which have been levied against the Subdivision for improvement projects previously completed by the
City, and also the assessments pending levy. These assessments will be apportioned to the various
tracts of the Subdivision as summarized in Exhibit B, and that the Owner will not appeal or contest the
levy of such reapportioned assessments.
DIVISION 3- ADVANCE PAYMENT OF SPECIAL ASSESSMENTS
3.1 That advance payment of all special assessments on the Subdivision shall be made 'at the'
time the Owner sells such property, unless the City Council approves assumption of the special
assessments by the purchaser at the time of sale.
3.2 In the event of pending assessments, and upon such sale of said property, the Owner shall
pay to the City CASH, in an amount equal to one and one-half times (1-'/2 X) the estimated total of all
assessments for said property if the assessment roll has not been adopted by the City Council. Upon
adoption of the assessment rolls by the City Council, any excess amount beyond the established
assessment shall be refunded to the Owner.
3.3 That in the event the payment made in advance of the adoption of the assessment roll is
greater than the actual assessment levied, the City will return such excess to the Owner within 30 days
after the adoption of the assessment roll.
3.4 That in the event the payment made in advance of the adoption of the assessment roll is
less than the actual assessment levied, the Owner shall make payment in the amount of the difference
within 30 days after the adoption of the assessment roll.
DIVISION 4 - FUTURE UTILITY CONNECTIONS AND HOOKUP CHARGES
4.1 That Exhibit C, attached hereto, summarizes the utility access charges which will be made
to the various tracts within the Subdivision as they are developed. The Owner hereby acknowledges
the reasonableness and legality of such charges and agrees to be responsible for.the payment thereof as
detailed in Exhibit C.
- DIVISION 5 - OTHER RESPONSIBILITIES OF THE OWNER
5.1 That the Developer shall pay SAC charges as determined by Metropolitan Council
Environmental Services (MCES).
5.2 That the Owner shall provide for installation of survey monuments as comprehended under
Chapter 15 of the Brooklyn Center City Ordinances. Said monumentation shall consist of installation
of cast iron monuments at all block corners and cast iron or steel pipes or rods at all interior lot
corners, points of deflection of block lines, and points of deflection of lot lines. The Owner shall
provide a financial guarantee in the amount of $1,100.00 to guarantee said monumentation shall be
installed within 30 days of approval of the final plat by the Brooklyn Center City Council. Said
financial guarantee shall be provided in conjunction with those improvements considered necessary
under paragraph 5.3.
5.3 That the Owner will also be required to enter into a performance agreement included
herewith as Exhibit E-1, and provide a financial performance guarantee to assure that all the on -site
improvements within the Subdivision that are listed in Exhibit D will be constructed, developed, and
maintained in conformance with the plans, specifications, and standards as required by the City's
zoning and platting ordinances. That the Owner, in executing said financial performance agreement,
acknowledges the conditions under which said guarantee has been provided and will be released.
DIVISION 6 - MISCELLANEOUS PROVISIONS
6.1 That, in the event the Owner violates any of the provisions of the agreement after
ov*
expenditure by the City for doing any parto? all of the work described in Exhibit D, the City is hereby
granted the right and privilege to declare such amounts expended to be due and payable as liquidated
damages in full, and the City may immediately bring legal action against the Owner to collect such
sums; and shall have a lien against the Subdivision for the entire amount then due.
6.2 That, the Owner agrees to pay to the City reasonable legal, engineering, and administrative
fees, to be fixed by the court, in the event that suit or action is brought to enforce the terms of this
agreement.
ACKNOW
By—^--�---��
Shingle Creek Hospitality, L.L.P., ita-- Cc- C
Shingle Creek Hospitality, L.L.P., its
Shingle Creek Hospitality, L.L.P., its
NORTH DAKOTA
STATE OF XR&NR1=A )
) ss
COUNTY OF CASs )
Thefore-going Instrument was acknowledged before me this 2nd day of
October 1by Thomas C. Wolgnown to me to be the person described in and who executed
the foregoing instrument and acknowledged that she executed the same as her free act and deed.
on behalf of said limited liability partnership.
Notary Public
CIT'
LINDA K. MILLER
Il Notary Public - North Dakota
�,•LS County
My Commission Expires 09-18-2001
Its
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
rh ,I
The foregoing Instrument was acknowledged before me this %`/' day of �'�!`� 'L , 1997, by
Michael J. McCauley, the City Manager of Brooklyn Center, a Minnesota municipal corporation, on
behalf of the City.
x x
; U30 ,i. RICE -
� ' VOTARYPUCLIC-AAINNESOTA
HcNNEP+id :BOUNTY Nota blic
c<' t,y•` Commission E;piru; an, 31, 2000
ryl
This document w X
Engineering Department, City of Brooklyn Center
REGISTERED LAND SURVEY NO.
EXHIBIT A
3S'3S'w a t', i n �\
It {! �G
32
1 \ ,
1t
� ^-ono-r ec+ti►v 7fut :n octa-dol+•ea ..ih _'�e pr="3.ui� of ':.Sadler �C22, l.i'.+.wso to 5:a Lulea of t91y. c=. .xns.o••� { :�a..s vrv»�.oG ::+e '
?:lio•..nc,� oexr�aad soa: at :and n L':e Cax+ty of Y.mnmii and slat. Yr+n cola la
:racy Reyvi.rad Lcr'Id S,my 4a_ 16t9, r=ea of Rc,*war'ol C.wnty of Harrwe:n.
:.nai Ta 7sgatcred L: d $awry 'y a ccrroc; ectneatkn at 3cd
lc7 at I?
Y,r.ncata LkQ c wa. la:&Z
C71 CC <=- 3RCCXL N t.::,iiy . 1l+/•ex^il
7'Iu R.cpl.r+a ',: d Su�y nm b-- eoorc-„. G.na aeavt ed D? tn. Cily Lund al 3rao.t xr C.rr+ar at 3
• na.6mg thereof hmd
I ,
?CPEF f 'hX ?.NO ?USL'C •RE=RCS CE?An.-ti,47. ^c.'411c:�'N Cvt:Nl:. uINNESOi'.1
i I .1d�Y "'.tfM :.�Ct ;aS e7 7c;ccle ;n 'sa•:ner yecry�cve�ciC .'cr :.`,e !rnC xx.'�cd m ;%�' Ra"-��Ca •=•�'d
r-ry •Jatea '.1fa eey a
Patna= fl C' Connor, 4aino•n Canty auditor Ccuty
I j..R14�' St•C•;)C+L tiE_'INE."N CCt:N ^', uINNESC A
1 ?r�armt :o Llirr� 5lct. Seetien '3..a._a.G. ;:909;, "y negiater^a Lard Sur y .^.cs tc -r-acravrc .hco
iss—
o•dry =. C.,s+el, 'H-oncoit C.-um••y sw�,cr
?Ew' .ln :lir" y"'c�LTl c;•':4 �CL'4�". ,i:14 Es_ -_A
I `wreay=_..'.;I 1ct :.he aL`.a Gqutse_ __._ �.rvzy u. vc7 :ra .. ...is _•PCG .`.:a :ar df
♦. Dti .._^:Cn, .i GgmvJr :f t�G3 �CU'Y _-. ••Sr:'.C1-i'k^.:j
EXHIBIT B
UNPAID CURRENT ASSESSMENTS
Following is a summary of the unpaid portions of current assessments to RLS 1619, Tract B, identified
by Hennepin Council Property Identification Number 35-119-21-13-0020.
1997 Payments (principal and interest certified to Hennepin County for collection with 1997 taxes.)
Total = $7,081.47
Remaining Payments (annual principal and interest charges are certified each year to Hennepin County
for collection the following year.)
Total principal payments uncertified = $17,565.05
The assessments for this parcel will be apportioned on an area basis between proposed Tract A and
Tract B as follows:
Levy
Assessment Description
Year
Term
Rate
Tract A
Tract B
Total
09298
Turn Lane Construction
1985
15
12%
$3,512.92
$4,470.99
$7,983.91
Balance
468.39
596.14
1,064.53
09875
Lift Station
1986
15
12%
10,284.83
13,089.78
23,374.61
Balance
2,056.95
2,617.94
4,674.89
11796
Freeway Boulevard A
1991
10
10%
7,604.34
9,678.26
17,282.60
Balance
2,281.30
2,903.48
5,184.78
f 3133
Shingle Creek Pkwy
Mill & Overlay
1995
10
9 %
4,174.24
5,312.68
9,486.92
Balance
6,640.85
2,921.97
6,640.85
TOTAL
$25,576.33
$32,551.71
$58,128.04
Total Balance
$11,447.49
$9,039.53
$17,565.05
EXHIBIT C
UTILITY CONNECTIONS AND HOOKUP CHARGES
Responsibility for Utility Service Connections
The Owner shall be responsible for installation of all water service connections, sanitary sewer service
connections, and storm sewer connections to existing utility mains and service stubs as may be required
to provide service to the Subdivision. Utility hookup charges are due either in cash or as a utility
hookup agreement, agreeing to certification as a special assessment at the time the permit for utility
hookup is requested.
Hookup Charges:
There will be no hookup charge for sanitary sewer service.
2. RLS 1619 is subject to a future water hookup charge at such time as it is developed. The 1997
rate is $11.33 per 100 square feet. The hookup charge for both parcels of the yet unnumbered
RLS shall be the responsibility of the Owner.
Total square feet subject to assessment
Total hookup charge
92,127 sq ft
x $11.33 per 100 sq ft
$10,437.99
This hookup charge may be levied as a special assessment for a period of 10 years at an annual
interest rate determined by the City Council when the levy is adopted.
3. The water hookup charge will be apportioned on an area basis between proposed Tract A and
Tract B as follows:
Total hookup charge $10,437.99
Tract A (44%) $4,592.72
Tract B (56%) $5,845.27
EXHIBIT D
In accordance with Section 35-230, Subd. 3 of the Brooklyn Center City Ordinances, the Owner will
be required to provide a performance guarantee agreement in the form attached as Exhibit E-1 and
furnish a financial performance guarantee as provided therein. The site improvements for which such
guarantee shall be provided will include, but may not be limited to, the following:
Survey monuments - to be placed at all interior tract corners and at the boundary corners of the
subdivision. $1,100
Financial Performance Guarantee to be Provided:
The financial performance guarantees required herein are to be provided at the time of site plan
approval and prior to the issuance of a building permit for development of the subdivision. The
estimated cost of the aforementioned site improvements is $1,100 in aggregate, and the financial
performance guarantee required shall be in the principle sum of $1,000,
Form of Financial Performance Guarantee
The financial performance guarantee shall be in one of the following forms:
(1) cash or certified check;
(2) certificate of deposit or savings certificate (passbook);
(3) surety bond; or
(4) irrevocable letter of credit.
Whichever form is used, the instrument must comply to the conditions stipulated by and approved by
the City Attorney.
DECLARATION OF EASEMENT
THIS DECLARATION OF EASEMENT is made this day of Se ember,
1997, by SHINGLE CREEK HOSPITALITY L.L.P., a Minnesota Limited Liability
Partnership ("Shingle Creek").
WHEREAS, Shingle Creek is the Owner of Tract A, a tract of land more
particularly described on Exhibit 1 attached to this Declaration. Shingle Creek is also
the Owner of Tract B, a tract of land more particularly described on Exhibit 2. Tract.
A and Tract B are collectively referred to as "Both Tracts;" and
WHEREAS, Shingle Creek desires, to the extent described in this Declaration,
to develop and own the respective tracts of land in conjunction with each other and
wants to be assured of common parking, mutual access, common water main, and
common sewer access.
Shingle Creek declares as follows: `
Section 1. Definitions
1.1 "Building Area" or "Building Areas" are those areas within Both Tracts
which will be utilized for construction of buildings and improvements.
1.2 "Access Easement Area" means those areas of Tract A, identified on
Exhibit A, and Tract B, identified on Exhibit B, attached to this Declaration, including
but not limited to driveways, roadways, walkways, other areas of ingress and egress
to Both Tracts.
1.3 "Parking Easement Area" means those areas of Both Tracts that from
time -to -time shall be designated as Parking Areas.
Ill
1.4 ."Water Main Easement Area" means those areas of Tract A and Tract B
shown on Exhibit C and' Exhibit D, .including but not limited to water mains, water
lines, and other facilities necessary for the operation and maintenance thereof to be
placed therein.
1.5 "Sanitary Sewer Easement Area" means that area of Tract A on Exhibit
E, including but not limited to sewer mains, sewer lines, and other facilities for the
operation and maintenance thereof to be placed therein.
1.6 "Occupant" means any party and any person (and the officers, directors,
partners, employees, and agents of such person) from time -to -time entitled to use and
occupy any portion of any building located on either or both tracts under this
Declaration, or any lease, license, concession agreement, or other arrangement
agreement under which the occupant acquires the rights to use and occupy the parcel.
1.7 "Parking Area" means that portion of Tract A or Tract B used for parking
of motor vehicles, including roadways, curbs, and landscaping within such areas used
for parking.
1.8 "Party" means each person or entity executing this Declaration and
their respective assigns and successors -in -interest.
1.9 "Tract B's Plans and Specifications" means the following: Before
commencing site preparation or the construction of any infrastructure improvements
on the Tract B, the Owner of Tract B shall deliver to Shingle Creek final plans and
specifications based on the preliminary plans and specifications (including the
conceptual grading plan and the conceptual utility plan) agreed to and approved by the -
2
Parties. The final plans and specifications must address the infrastructure
improvements supporting the development of Tract B, including (i) final grading plans,
(ii) final engineered site drawings, (iii) final utility plans, (iv) signage plans for Tract B's
development; and (v) plans for stormwater detention on or drainage from Tract B
(collectively "Plans"). Shingle Creek must approve or disapprove the Plans in writing
within twenty (20) days after receiving them. If Shingle Creek timely disapproves the
Plans, the Owner of Tract B will have twenty (20) days to deliver revised Plans in
response and conform to Shingle Creek's requirements. Shingle Creek's review and
approval or disapproval of the Plans as described above must be reasonable.
Furthermore, if Shingle Creek fails to respond in writing within the applicable time
period with its approval or disapproval of the Plans, then the Plans will be deemed to
be approved.
1.10 "Person" means individuals, partnerships, limited liability companies,
trusts, corporations, associations, joint ventures, or any other form of business or legal
entity.
1 .1 1 "Users" means all Persons granted permission to utilize the Easement
Areas, including, without limitation, Occupants, Parties, employees, service people,
licensees, invitees, customers, owners, contractors, agents, lessees, sublessees, and
concessionaires.
Section 2: Grant of Access Easements.
2.1 .a A non-exclusive Access Easement is hereby created in favor of Tract A
over the Access Easement Area of Tract B and in favor of Tract B over the
3
Access Easement Area of Tract A.
2.2 The Easement shall allow ingress and egress by any Users, Occupants,
Parties, and any of their motor vehicles to and from any portion of the Access
Easement Area and any public streets adjacent to the Access Easement Area.
2.3 The Easement shall allow pedestrian traffic by Users between business
establishments on the Both Tracts between the Building Areas and Easement
Area, and between the Building Areas and Easement Area and any adjoining
streets.
2.4 The Owner of each tract shall maintain the Access Easement Area on its
tract.
Section 3. Grant of Parking Easement.
3.1 A non-exclusive Parking Easement is hereby created in favor of Tract A
over the Parking Easement Area of Tract B and in favor of Tract B over the
Parking Easement Area of Tract A.
3.2 All expenses of maintenance, repair, and snow removal of the Parking
Areas shall be born by the respective Owner.
M
Section 4. Grant of -Water Main Easements.
4.1 A Water Main Easement is hereby created in favor of Tract A over the
Water Main Easement Area of Tract B and in favor of Tract B over the Water
Main Easement Area of Tract A.
4.2 The Owners of Both Tracts may connect to and use all water mains that
may at any time be constructed on either the Tract A or Tract B Water Main
Easement Area to the extent that any such water main to which the Owner
seeks to connect is designed for and intended for use as a water main.
4.3 The Owners of Both Tracts have the right to install, repair, maintain,
alter, and operate water mains in, into, upon, over, across, and under the Water
Main Easement Areas.
Section 5. Grant of Sanitary Sewer Easements.
5.1 A Sanitary Sewer Easement is hereby created in favor of Tract B over the
Sewer Sanitary Easement Area of Tract A.
5.2 The Owner of Tract B may connect to and use all sanitary sewer that
may at any time be constructed on Tract A to the extent that any such sanitary
sewer to which the Owner seeks to connect is designed for and intended for -
5
use as a sanitary sewer.
5.3 The Owners of Both Tracts have the right to install, repair, maintain,
alter, and operate sanitary sewer in, into, upon, over, across, and under the
Sanitary Sewer Easement Area.
Section 6. General Provisions Regarding Easements.
6.1 Duration of Easements. Notwithstanding anything to the contrary in this
Declaration, the Easements specified in this Declaration will be perpetual.
6.2 Relocation or Abandonment of Easements. The Party owning the Tract
burdened by any easements is entitled to relocate on its Tract any such easements.
The Party owning the Tract benefitted by any easements is entitled to abandon any
such easements. Before relocating or abandoning any easement, the Party must give
written notice of its intention to so relocate or abandon to the Party owning the
benefitted or burdened Tract, as the case may be. If the Party owning the other Tract
does not in good faith object within thirty (30) days after receiving the notice, then
the easement may be relocated or abandoned. Furthermore, any relocations: (i) must
not unreasonably interfere with or diminish the enjoyment of the easement by the
Party owning the benefitted Tract; (ii) must not reduce or unreasonably impair the
usefulness or function of any such- easements; and (iii) must be performed without
2
cost or expense to the Party owning the benefitted Tract.
6.3 -Convenience and Construction. The Easement Area must be used so as
to minimize the inconvenience to any Occupant or User, and all construction work
must be performed expeditiously and cleaned up promptly in order to minimize
disruption or inconvenience. The Party undertaking such work must take all necessary
measures to minimize disruption or inconvenience caused by such work to the other
Occupants and Users of the affected Tract. Either Party may undertake the necessary
construction work to remedy any emergency condition.
6.4 Indemnification by Parties. Each Party shall indemnify, defend, and
hold the other Party harmless of and from any and all losses, costs, damages,
inquiries, expenses (including attorney's fees) and any other liabilities arising by reason
of injury (including death) to any Persons, damage to any property or any claim(s) of
lien(s) for work performed, materials or supplies furnished arising out of or in
connection with the uses by the indemnifying Party of the easements granted
hereunder or the exercise by the Owner of a Tract of the rights granted to it herein.
6.5 Redesignation. Either Party may change and redesignate on its Tract
any Access Easement Area or Parking Easement Area so long as such .change or
redesignation (i) does not unreasonably interfere with or diminish the enjoyment of the
business of the other Tract; (ii) does not reduce or unreasonably impair the usefulness
I
or function of the Easement Area; and (iii) is performed without cost or expense to the
Owner of the other Tract.
Section 7. Signs.
7 The Owner of Tract B must submit all of its Sign Plans and Specifications
to the Owner of Tract A for approval. -The signage must also comply with the City of
Brooklyn Center signage requirements and the Unified Signage Declaration. If the
Owner of Tract A has not approved or objected in writing within 15 days of receipt
of the Sign Plans and Specifications, the approval is assumed.
Section 8. Effects of Breach and Rights Upon Default.
8.1 Validity of Declaration Unaffected by Breach. The breach of this
Declaration will not entitle any Party to rescind or otherwise terminate its obligations
under this Declaration or the rights and easements created under this Declaration.
8.2 Right to Cure Upon Breach. If any Party or Occupant defaults in the
performance of its obligation hereunder, the non -defaulting party will be entitled (but
not obligated) upon thirty (30) days' written notice, to cure such default for the
account of and at the expense of the defaulting party. Any notice must specify the
nature of the default claimed and must set forth in detail the action that the Party
giving the notice proposes to take to cure the claimed default. To make such cure,
the non -defaulting Party will be entitled to enter upon the Tract of the defaulting Party
(but not any Building Area upon such Tract) to perform the necessary work or furnish
any necessary materials or services to cure the default of the defaulting Party.
8.3 Other Relief Available Upon Breach. Each Party will be entitled to
prosecute any proceedings at law or in equity against the other Party, or any other
Person, violating or attempting to violate or defaulting in the performance of this
Declaration, to prevent such Party or Person from violating or attempting to violate or
defaulting in the performance of this Declaration and to recover damages for any such
violation or default. The remedies available under this Subsection 10.3 include,
without limitation, ex parte applications for temporary restraining orders, preliminary
injunctions and permanent injunctions enjoining any such violation or attempted
violation or default, and actions for specific performance of this Declaration.
8.4 Costs and Expenses. All costs and expenses reasonably incurred by
any Party to cure a default of a defaulting Party under Subsection 10.3, together with
interest thereon at one percent (1 %) per month and all costs and expenses of any
proceedings at law or equity, including reasonable attorney's fees awarded to any
Party by an order of court under Subsection 4.3, will be assessed against and paid by
the defaulting Party and will become a lien against the defaulting Party's Tract until
paid or otherwise satisfied. -
01
8.5 Other Liens Unaffected by Breach. No breach of this Declaration will
defeat, render invalid, diminish, or impair the lien of any mortgage or deed .of trust
made in' good faith and for value, but all of the covenants, restrictions, easements,
and conditions, in this Declaration contained will be binding upon and effective against
any owner who acquires title to any Tract, or any portion thereof, by foreclosure,
trustee's sale, deed in lieu of foreclosure, or otherwise.
8.6 Remedies Cumulative. All remedies permitted or available under this
Section 10 are cumulative.
Section 9. Covenants Run with the Land. This Declaration binds and inures to the
benefit of the parties, their heirs, successors -in -interest, assigns, and personal
representatives. All of the provisions of this Declaration are equitable servitudes and
covenants running with Both Tracts. Each covenant to do or refrain from doing some
act on Either Tract, (i) is for the benefit of one Tract and is a burden upon the other
Tract, (ii) runs with the Tract, and (iii) benefits or binds each successive owner during
its ownership of Either Tract or any portion thereof, and each Person having any
interest in all or part of Either Tract.
Section 10. Miscellaneous.
10.1 Estoppel Certificates. Each Party will give to the other Party, within thirty
10
(30) days following a reasonable request, an estoppel certificate stating that, to the
best knowledge of the certifying Party, the requesting Party is not in default in
performing any of its obligations under this Declaration, or, if M default, stating that
the requesting Party is in default and specifying any defaults.
10.2 No Partnership or Joint Venture. Nothing in this Declaration may be
deemed to have created a partnership or joint venture between the Parties.
10.3 Cancellation or Modification. This Declaration may be modified or
canceled in whole or in part only by a written instrument executed by all of the then -
record owners of Both Tracts.
10.4 Approvals and Consents. Whenever approval, consent, signature, or an
estoppel certificate is required of any Party, it may not be unreasonably withheld.
10.5 Performance Requirements; Unavoidable Delays. Time is of the
essence in this Declaration. Whenever performance is required, the Party must use
due diligence to perform and take all necessary measures to perform, but if completion
of performance is delayed by reasons of acts of God, civil commotion, strikes,
picketing, casualty, or other similar matters beyond the reasonable control of the
Party, then the time for performance will be appropriately extended by the amount of
delay so caused.
11
10.6 Severability. If any provision in this Declaration is found to be
invalid, the remaining provisions must be construed insofar as possible to be valid.
10.7 Notices. Any notice to a Party must be in writing. Notices must
either be delivered to the Party in person or be sent by certified mail, return receipt
requested, or by overnight courier service, to the last address of the Party shown in
the records of the Party sending the notice. Notices are effective when deposited into
the custody of the U. S. Postal Service or an overnight courier service.
10.8 No Public Dedication. Nothing contained in this Declaration may be
deemed to be a gift or dedication of any portion of any Tract to the general public, for
the general public, or for any public use or purpose whatsoever, it being the Parties'
intention and understanding that this Declaration is strictly limited to and for the
purposes expressed in this Declaration solely for their benefit.
10.9 Captions. The captions preceding the text of each Section and
Subsection are included only for the convenience of reference and must be
disregarded in construing and interpreting this Declaration.
10.10 Property. Tract B's Plans and Specifications must be approved
by Shingle Creek as provided above in Section 1.1 1. The Owner of Tract B may not
alter them before completing its improvements without obtaining the prior written
12
consent of Shingle Creek, which Shingle Creek may not unreasonably withhold.
Date:
�---- SHINGLE CREEK HOSPITALITY L.L.P.
By: Thomas C. Wold
A Managing Partner
STATE OF NORTH DAKOTA )
:SS
COUNTY OF CASS )
On this day of September, 1997, before me, a Notary Public, in and for
said County and State, personally appeared Thomas C. Wold, known to me to be a
Managing Partner of Shingle Creek Hospitality L.L.P., a Minnesota limited liability
partnership, and he acknowledged to me that he executed the above and foregoing
instrument on behalf of said limited liability partnership.
Notary Public
13
EXHIBIT 1
LEGAL DESCRIPTION OF "TRACT A"
14
EXHIBIT 2
LEGAL DESCRIPTION OF "TRACT B"
15
EXHIBIT A
DRIVEWAY EASEMENT
NORTH LINE OF TRACT A NORTHEAST CORNER
-S84-15139,1W 159.73- - OF TRACT A
N8.7.0220E _
of I 49 67.31 m
1 � 92• v
N 82'00' 00 E z
N' I I Q' i •°' �
of ' rTi
I '
N81'38 33
66.81
ail
- to
NI 1 Irn
-SOUTH LINE LINE OF TRACT A
Exhibit A
An area, 24.00 feet wide, for driveway and access easement purposes over, under
and across Tract A, Registered Land Survey No. _ The
centerline of said easement area is described as follows:
Commencing at the northeast corner of said Tract A; thence on an assumed
bearing of South 84 degrees 15 minutes 39 seconds West along the north line of
said Tract A, a distance of 159.73 feet to the beginning of the line to be
described; thence South 8 degrees 20 minutes 21 seconds East a distance of
70.77 feet; thence North 82 degrees 00 minutes 00 seconds East a distance of
92.49 feet to a point hereinafter referred to as ?point A?; thence South 8 degrees
20 minutes 29 seconds East a distance of 221*11 feet to a point hereinafter
referred after to as ?point B?; thence South 8 degrees 20 minutes 29 seconds
East a distance of 41.44 feet; thence South 9 degrees 24 minutes 19 seconds
West a distance of 95.05 feet to the south line of said Tract A, and said
centerline there terminating.
Together with an area, 24.00 feet wide, for driveway and access easement
purposes over, under and across said Tract A. The centerline of said easement
area is described as follows:
Beginning at said ?point A?; thence North 87 degrees 02 minutes 20 seconds East
a distance of 67.31 feet to the east line of said Tract A, and said centerline there
terminating. `
Together with an area, 24.00 feet wide, for driveway and, -.access, -easement --....
purposes over, under and across said Tract A. The centerline of said easement
area is described as follows:
Beginning at said ?point B?; thence North 81 degrees 38 minutes 33 seconds East
a distance of 66.81 feet to the east line of said Tract A, and said centerline there
terminating.
Together with an
area
for
driveway
and
access
easement purposes
over, under and
across the east
12.00
feet
of the
north
297.16
feet of said Tract
A.:
EXHIBIT
DRIVEWAY
NORTHWEST C
OF TRACT B
r
Exhibit B
B
EASEMENT
r,C TRACT B
An area for driveway and access easement pruposes over, under and across
the west 12.00 feet of the north 297.16 feet of said Tract B. —
EXHIBIT
WATERMAIN
C
'EASEMENT
NORTHEAST CORNER
OF TRACT A
rn
0
SOUTH LINE OF TRACT A
Exhibit C
An area, 20.00 feet wide, for watermain easement purposes over, under and across
Tract A, Registered Land Survey No. _____` The centerline of said
easement is described as follows:
Commencing at the
n.ortheast corner of said Tract A; thence on an assumed bearing
of South 8
degrees
17
minutes 47 seconds East, along the east line of said Tract A,
a distance
of 67.07
feet to the beginning of the line to be described; thence South
78 degrees
17 minutes
01 seconds West a distance of 64.09 feet; thence South 26
_
degrees 34
minutes
49
seconds West a distance of 8.85 feet; thence South 8
degrees 05
minutes
47
seconds East a distance of 238.64 feet; thence South 6
degrees 49
minutes
08
seconds West a distance of 103.71 feet to the south line of
said Tract
A, and said
centerline there terminating.
f
EXHIBIT D
WATER M AI N - EASEM EN T
NORTHWEST CORNER
OF TRACT B
N 89'47' 18"E
�— 154.53
B9.52
m03
a
-P
r_
rn m
O
-n
;tJ
O-{
ATMe ws
An area, 20.00 feet wide, for watermain easement purposes over, under and
across Tract B, Registered Land Survey No. —_ The
centerline of said easement is described as follows:
Commencing at the northwest corner of said Tract B; thence on an assumed
bearing of South 8 degrees 17 minutes 47 seconds East, along the west line of
said Tract B, a distance of 67.07 feet to the beginning of the line -to be
described; thence North 78 degrees 17 minutes 01 seconds East a distance of
89.52 feet; thence North 89 degrees 47 minutes 18 seconds East a distance
of 154.53 feet to the east line of said Tract B, and said centerline there
terminating
EXHIBIT E
SANITARY SEWER EASEMENT
Y
0)
SOUTHWEST CORNER
OF TRACT A
Exhibit E
0
0
S89-11'11 "E 145.84
An area, 20.00 feet wide, for sanitary sewer easement purposes over, under and
across Tract A, Registered Land Survey No. __ The centerline
of said easement is described as follows:
Commencing at the southwest corner of said Tract A; thence on an assumed
bearing of North 8 degrees 20._Mjoutes 21 seconds West, —along the west line of--
said Tract A, ci distance of 18.27 feet to the beginning of the line to be described;
thence South 89 degrees 11 minutes 11 seconds East a distance of 145.84 feet to
the southeast line of said Tract A, and said centerline there terminating.
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
JULY 17, 1997
REGULAR SESSION
1. Call to Order - 7:30 p.m.
2. Roll Call
3. Approval of Minutes - June 26, 1997
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.
5. H.T.P.O., Inc. 97009
Preliminary Registered Land Survey to divide Tract B, RLS 1619, which is located at the
Northwest corner of Shingle Creek Parkway and Freeway Boulevard, into two parcels.
6. Discussion Item:
a. Ordinance amending Chapter 35 regarding accessory buildings in the R-1 and R-2
zoning districts.
7. Other Business
8. Adj ouniment
Planning Commission Information Sheet
Application No. 97009
Applicant: H T P O, Inc. on Behalf of Shingle Creels Hospitality, LLP
Location: Northwest Corner of Shingle Creels Parkway and Freeway Boulevard
Request: Preliminary Registered Land Survey
The applicant is seeking approval of a preliminary Registered Land Survey that will divide Tract
B, RLS 1619 into two parcels to be known as Tracts A & B of a yet unnumbered Registered
Land Survey. The property in question is zoned PUD/I-1 (Planned Unit Development/Industrial
Park) and is located at the northwest corner of Shingle Creek Parkway and Freeway Boulevard.
The parcel is currently addressed as 2050 Freeway Boulevard.
The property under consideration is a 4.12 acre site and is bounded on the north by Parkway
Circle (a private access drive serving various businesses in the area) with the Parkway Place
office/industrial building on the opposite side; on the east by Shingle Creels Parkway with a
building containing various industrial uses and the Spiritual Life Ministries on the opposite side;
on the south by Freeway Boulevard with Chi Chi's Restaurant on the opposite side; and on the
west by the Minnesota State High School League office building.
As previously mentioned, this subdivision would create two tracts of land. The westerly parcel,
Tract A, would be a 79,081 sq. ft. (1.8155 acres) parcel on which the AmericInn, an 84 unit
hotel, is currently being constructed. The proposed Tract B would be 100,387 sq. ft.(2.3046
acres) and is proposed to be marketed for a restaurant use on the site. The Americlnn proposal
was approved as part of a Planned Unit Development for this area (Application No. 96020) at
which time the owners of the property indicated their desire to find an additional use for the
property. This subdivision would create a separate tract of land available for such use and the
development of such a proposal would require an amendment to the Planned Unit Development
approval for this property.
The preliminary Registered Land Survey shows the location of the AmericInn and its parking lot
within the proposed Tract A. This corresponds with the development proposal approved under
the Planned Unit Development and also the plans submitted for the building permit. As
mentioned previously, construction of the Americlnn is underway at this time. The 84 unit hotel
complex requires 96 parking spaces based on the parking formula of one parking space per unit
and one parking space for each employee at the maximum shift. Twelve employees were
indicated during the plan review for this proposal. Therefore, 96 parking spaces are required.
The preliminary Registered Land Survey shows parking for 97 cars with the ability to add three
additional spaces for total parking of 100 parking spaces on the proposed lot.
The plan calls for shared accesses between the proposed Tracts A & B. Access to the sites is to
be gained via Freeway Boulevard on the south and an access drive which is split by the proposed
property line on Parkway Circle at the north. Appropriate cross access easements allowing these
7-17-97
Page 1
shared accesses must be developed and filed with the final RLS for this property.
The preliminary RLS shows various easement documents that will be continued with this
division of land. For instance, there are parking and building setback easements of 15 and 25
feet respectively along the north side of both proposed tracts. Also, a drainage easement exists
along the south side of both proposed tracts as well as a larger easement area for the holding
pond located at the southeast corner of the proposed Tract B. These easements will need to be
continued as well.
The City Engineer is reviewing the proposed preliminary Registered Land Survey and may be
offering additional comments.
A point which should be mentioned again is the matter of future development of the proposed
Tract B. A condition of approval for the Planned Unit Development for the AmericInn project
indicated that the City will not allow the undeveloped area, which is now to be Tract B, to be
developed as a fast food/convenience food restaurant or a gasoline service station. This position
does not change even though the land is being divided into separate parcels.
The parcel of land being divided is less than five acres in area and, therefore, no Watershed
Commission review is required with this subdivision. The Shingle Creels Watershed
Management Commission has reviewed a watershed plan for this area in the past and the
ponding area at the southeast corner of the proposed Tract B is sufficient to handle development
that might be proposed along with development that has taken place, or is taking place, in the
immediate area.
A public hearing has been scheduled for this preliminary Registered Land Survey and a notice of
the Planning Commission consideration has been published in the Brooklyn Center Sun/Post.
RECOMMENDATION
The proposed preliminary Registered Land Survey 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 review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Appropriate driveway and cross access easements shall be developed and filed with
the titles to the properties in question. These easements are subject to the review and
approval of the City Engineer and City Attorney prior to final plat approval.
7-17-97
Page 2
4
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11 herebry certify that in accordance with the provisions of Chapter 508, Minnesota Statutes of 1949. as amended. t hove surveyed, the: f
following described tract of land in the County of Hennepin and State of Minnesota to wit, 1
1
Troctt 8, Registered Land Survey No. 1619. Flies of Registror'01 Titles, County of Hennepin. E
Tlf at arks Registered Land Survey b a correct delineation of said survey.
!Sated this day of 199�
Lloyd E. Pew, Lend Surveyor
Minnesota License No. 184M
CITY COUNCIL, BROOKLYN CENTER, MINNESOTA
This Registered Land Survey has been approved and accepted by the City Council of Brooklyn Center at a
meeting thereof held this day of A. D., 199_,
By. Mayor
By, City Manager
PROPERTY TAX AND PUBLIC RECORDS DEPARTMENT, HENNEPIN COUNTY. MINNESOTA
I hereby certify that taxes payable In and' prior years have been paid for the land described on this Registeredi Land
Survey Dated this day of 199
Patrick H. 0' Connor, Hennepin County Auditor Deputy
SURVEY SECTION, HENNEPIN COUNTY, MINNESOTA
Purmmnt to Minn. Stat. Section 383B.565 (1969), this Registered Land Survey has been approved this day of
199_,
Cory F. Caswell, Hennepin County Surveyor By.
REGISTRAR OF TITLES. HENNEPIN COUNTY. MINNESOTA
) hereby certify that the within Registered Land Survey No, was filed In this office this -_ daq of
199__, at o'clock __.M.
R. Don Carlson, Registrar of Titles By. Deputy
Z —+ Hansen Tfrox�
1� � Peliinen 43�dn1_lin'c.
M
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
JUNE 26, 1997
CALL TO ORDER
The Planning Commission met in a study session and was called to order by Chair Tim Willson at
7:35 p.m.
ROLL CALL
Chair Willson, Commissioners Graydon Boeck, )Mark Holmes, Brian Walker, and Commissioner -
appointee Stephen Erdmann were present. Also present were Secretary to the Planning
Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording
Secretary Arlene Bergfalk. Commissioners Rex Newman and Dianne Reem were excused.
OATH OF OFFICE
Mr. Warren administered the oath of office to Stephen Erdmann, appointed by the Council as
Commissioner to fill a vacant term expiring on December 31, 1997. Mr. Erdmann is eligible for
reappointment to the Planning Commission upon expiration of this term.
APPROVAL OF MINUTES - MAY 29 1997
There was a motion by Commissioner Boeck, seconded by Commissioner Holmes, to approve the
minutes of the May 29, 1997 meeting, as submitted. The motion passed unanimously.
Commissioner Erdmann abstained.
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. 97008 (ROBERT ELLEDGE. HUMBOLDT UNOCAL)
Chair Willson introduced Application No. 97008, a request submitted by Robert Elledge for a special
use permit to provide Ryder truck rental service at the Humboldt Unocal, 6840 Humboldt Avenue
North.
Mr. Warren presented the staff report using overhead transparencies to describe the location and site
plan which shows the position of parking, the building and fuel islands on the property. (See
attached Planning Commission Application Information Sheet dated 6-26-97.) Truck rental and
leasing is a special use allowed in the C-2 zoning district.
The applicant requests the special use permit to offer up to 4 rental trucks ranging in size from 10
feet to 24 feet in length. The locked vehicles will be parked out of the way to provide adequate
circulation on the property and will not affect the required parking, as detailed in the staff report, for
the service station customers, employees, and service vehicle(s). According to Mr. Elledge's
application materials, the rental of vehicles provides an additional essential service to residents and
gives him the opportunity to expand his business.
Mr. Warren explained that the proposal does not conflict with the standards for issuing special use
permits contained in Section 35-220, subdivision 2, of the City ordinances. Specifically, the
operation will not have a detrimental effect on the general public welfare, be injurious to surrounding
property, nor impede the normal and orderly development or redevelopment of surrounding property.
Furthermore, adequate parking and circulation on the property are maintained and a limitation of
four available rental vehicles justifies granting a special use permit. The staff recommends approval
of granting the special. use permit subject to 5 conditions contained in the staff report.
Chair Willson called for questions from the Commissioners. Circulation, parking, and signage
related to the proposed new service were considered. Mr. Warren responded to questions and
clarified acceptable signage on the property with respect to the proposed new service.
PUBLIC HEARING (APPLICATION NO.97008, ROBERT ELLEDGE, HUMBOLDT UNOCAL)
There was a motion by Commissioner Holmes, seconded by Commissioner Walker to open the
public hearing on Application No. 97008 at 7:52 p.m. The motion passed unanimously.
Mr. Robert Elledge, owner of the Unocal service station, indicated he would answer questions from
the Commissioners.
Mr. Tony Ouellette, owner of the Humboldt Square shopping center, expressed concern that storage
of rental vehicles in the southeast corner of the service station property will obscure the signage of
the donut shop in the shopping center, and questioned whether the service is in the best interest of
the community.
Mr. Warren described the proximity of the donut shop signage to the planned parking of the trucks.
It appears that encroachment will be avoided.
Discussion issues included: entrances to the service station, prior elimination of a service road
related to the child care facility, overhang of parked rental trucks, limits of City ordinance authority,
and shopping center ownership responsibility. It was noted that the service station site, owned by
Mr. Elledge, is a parcel separate from the shopping center.
6-26-97 2
Mr. Elledge stated the shopping center owner recently sheared trees on green space adjoining the
service station property. Elledge assured that rental vehicles will be parked to avoid overhang on
to adjacent property.
CLOSE PUBLIC HEARING (APPLICATION NO. 970081
There was a motion by Commissioner Boeck, seconded by Commissioner Holmes to close the public
hearing on Application No. 97008 at 8:20 p.m. The motion passed unanimously.
Recognizing that the request complies with the standards for special use permits, the Commission
did not interpose objections to granting a special use permit to provide truck rental service at
Humboldt Unocal, 6840 Humboldt Avenue North, subject to certain conditions.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 97008, ROBERT ELLEDGE
HUMBOLDT UNOCAL
There was a motion by Commissioner Walker, seconded by Commissioner Boeck, to recommend
to the Council that it approve Application No. 97008, a request submitted by Robert Elledge,
Humboldt Unocal, for a special use permit to provide Ryder truck service rental at 6840 Humboldt
Avenue North, subject to the following conditions:
1. The special use permit is granted for a truck rental operation involving no more than
four trucks in conjunction with the automobile service station use at 6840 Humboldt
Avenue North. No other uses, other than those approved in conjunction with this and
the previous special use permit, are comprehended by this approval.
2. The special use permit is subject to all applicable codes, ordinances and regulations
and any violation thereof shall be grounds for revocation.
No banners, pennants, streamers, balloons or other attention attracting devices may
be used in conjunction with the storage and display of these vehicles on the site other
than that which is authorized under administrative pen -nits comprehended under the
city's zoning ordinance.
4. This special use permit approval does not comprehend any additional signery other
than that allowed under Chapter 34 of the city ordinances.
5. The parking of rental trucks shall be confined to the southeasterly portion of the site
as shown on the site plan with the longer vehicles being parked closest to the east
property line.
Voting for: Chair Willson, Commissioners Boeck, Erdmann, Holmes, and Walker. The motion
passed unanimously.
6-26-97 3
The Council will consider the recommendation at its Monday, July 14, 1997 meeting. The applicant
must be present. Major changes to the application as reviewed by the Commissioners will require
that the application be returned to the Commission for re -consideration.
ORDINANCE AMENDING CHAPTER 35
Mr. Warren directed the Commissioners' attention to a draft ordinance amendment distributed at the
meeting prepared by the Secretary based on the Commission's discussion at its May 29, 1997
meeting and a directive from the City Council. The amendment contemplates revising Chapter 35
regarding accessory buildings in the R-1 and R-2 zoning districts.
The specific discussion point involves elimination of the current 1000 sq. ft. size or ground coverage
limitation of an accessory building on a residential property. Mr. Warren reviewed applications
regarding accessory buildings recently denied by the Commission and Council, explained the state
statutes and city ordinance requirements regulating accessory uses, and responded to questions from
the Commissioners.
The Commissioners discussed the effects of increasing the allowable size of a single accessory
building. They agreed to eliminate the 1,000 sq. ft. limitation on the size of a single accessory
building and utilize State Building Code provisions only to limit the size of an accessory building.
However, because of the size of existing homes and residential lots in Brooklyn Center it would not
be appropriate to allow construction of any accessory building that would be larger in size than the
primary residence.
The Commissioners agreed to editorial changes recommended by the Secretary that sets forth the
limitations regulating accessory buildings in residential districts into Section 35-530. This change
removes the limitations from Sections 35-310 and 311 and referencing Section 35-530 so as to
include all the limitations in one subsection for clarity and simplification.
Commissioner Boeck suggested adding a clarifying phrase into Section 35-310, Lb.9: "The renting
of not more than two sleeping rooms, in the principal building, by a resident family, providing
adequate off-street parking is provided." (New material underscored.) The Commissioners agreed
to this clarification.
ACTION REGARDING AMENDING CHAPTER 35
There was a motion by Commissioner Boeck, seconded by Commissioner Walker, to recommend
to the Council that it approve the revisions recommended by the Secretary and suggested by
Commissioner Boeck to Chapter 35 of the City Ordinances regarding buildings in R-1 and R-2
districts. The motion passed unanimously.
However, recognizing this issue is of specific interest to Commissioner Newman who is absent from
this meeting, the Commissioners agreed to table final action on the matter.
6-26-97 4
There was a motion by Commissioner Boeck, seconded by Commissioner Holmes to table final
action to July 17, 1997 on the draft amendment to Chapter 35 of the city ordinances. The motion
passed unanimously.
OTHER BUSINESS
Mr. Warren rioted the next meeting of Commission is on July 17 and the Comprehensive Plan
meeting is on July 21. Chair Willson informed the Secretary and the Commissioners that he will be
absent from the July 17 Commission meeting.
ADJOURNMENT
There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the
Planning Commission study session. The motion passed unanimously. The meeting adjourned at
9:00 P.M.
Chair
Recorded and transcribed by:
Arlene Bergfalk
TimeSaver Off Site Secretarial
6-26-97
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of , 1997,
at _ p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider ...
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY
ORDINANCES REGARDING BUILDINGS IN RI AND R2 DISTRICTS.
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center
is amended in the following manner:
Section 35-310. Rl ONE FAMILY RESIDENCE DISTRICT
1. Permitted Uses
b. Accessory uses incidental to the foregoing principal uses or to the
following special uses when located on the same property with the use
to which it is accessory, but not including any business or industrial
accessory uses. Such accessory uses to include but not be restricted
to the following:
1. Offstreet parking and offstreet loading.
2. Renting of not more than two indoor parking spaces.
3. Accessory buildings or carports, either detached or attached to the
dwelling building, subject to the [following] limitations [:] set forth in
Section 35-530.
[aa. The ground coverage of any single accessory building shall be no
greater than 1,000 square feet.]
[bb. No more than two accessory structures shall be permitted on any
one residential premises.]
[cc. The total ground coverage of the accessory building or buildings
shall not exceed the ground coverage of the dwelling building.]
Ordinance No.
4. Public recreational structures in parks, playgrounds and athletic fields.
5. Playground equipment and installations, including private swimming pools
and tennis courts.
6. Home occupations not to include special home occupations as defined in
Section 35-900.
7. Signs as permitted by the Brooklyn Center Sign Ordinance.
8. A temporary real estate tract office for the purpose of selling lots on the
tract upon whic it is located.
9. The renting of not more than two sleeping rooms in the principal building
by a resident family provided adequate offstreet parking is provided.
10. Tents, stands and other tempoary structures for churches, charities,
carnivals and similar purposes as provided by Section 35-800 of these
ordinances.
11. Rummage sales as defined in Section 35-900.
Section 35-311. R2 TWO FAMILY RESIDENCE DISTRICT
1. Permitted Uses
b. Accessory uses incidental to the foregoing principal uses or to the
following special uses when located on the same property with the use
to which it is accessory, but not including any business or industrial
accessory uses. Such accessory uses to include but not be restricted
to the following:
1. Offstreet parking and offstreet loading.
2. Renting of not more than two indoor parking spaces.
3. Accessory buildings or carports, either detached or attached to the
dwelling building, subject to the [following] limitations [J set forth in
Section 35-530.
[aa. The ground coverage of any single accessory building shall be no
greater than 1,000 square feet.]
Ordinance No.
[bb. No more than two accessory structures shall be permitted on any
one residential premises.]
[cc. The total ground coverage of the accessory building or buildings
shall not exceed the ground coverage of the dwelling building.]
4. Public recreational structures in parks, playgrounds and athletic fields.
5. Playground equipment and installations, including private swimming
pools and tennis courts.
6. Home occupations not to include special home occupations as defined
in Section 35-900.
7. Signs as permitted by the Brooklyn Center Sign Ordinance.
8. A temporary real estate tract office for the purpose of selling lots on
the tract upon whic it is located.
9. The renting of not more than two sleeping rooms in the principal
building by a resident family provided adequate offstreet parking is
provided.
10. Tents, stands and other tempoary structures for churches, charities,
carnivals and similar purposes as provided by Section 35-800 of these
ordinances.
11. Rummage sales as defined in Section 35-900.
Section 35-530. BUILDINGS IN R1 AND R2 DISTRICTS. In R1 and R2
districts every building hereafter erected or structurally altered shall be located
on a lot, and in no case shall there be more than one principal building on one
lot. The term "principal building" shall be given its common, ordinary
meaning; in case of doubt, or on any question of interpretation, the decision
shall rest with the zoning official.
1. No accessory building, unless an integral part of the principal building,
shall be erected, altered, or moved, within six feet of the principal
building, as measured from exterior wall to exterior wall. No
accessory building shall be erected, altered, or moved within six feet of
another accessory building, as measured from exterior wall to exterior
wall.
Ordinance No.
2. Accessory buildings may not be erected within the side yard adjacent
to the street of a corner lot.
3. No accessory building shall exceed 15 feet in height.
4. No accessory building shall be provided with sanitary sewer facilities.
5. No more than two accessory buildings shall be permitted on any one
residential premises.
6. The total ground coverage of the accessory building or buildings shall
not exceed the ground coverage of the principal building_
[4] 7. No basement, cellar, garage, tent, or accessory building shall at any
time be used as a residence or dwelling, temporarily or permanently.
[5] 8. All dwellings shall be on permanent foundations which comply with the
State Building Code and which are solid for the complete circumference
of the dwelling, except that accessory uses such as screened or enclosed
porches, canopies, decks, balconies, stairs, etc., may be placed on a
noncontinuous permanent foundation as approved by the Building
Official.
[6] 9. The width and the depth of the main portion of any dwelling built after
July 23, 1983, shall be no less than 18' .
Section 3. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of , 1997.
FAINAWN
Clerk
Date of Publication
Mayor
Ordinance No.
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
City of Brooklyn Center
A great place to start. A great place to stay.
July 23, 1997
Lloyd E. Pew
HTPO, Inc
7565 Office Ridge Circle
Eden Prairie, MN 55344
Dear Lloyd,
Please be advised that the City Council of the City of Brooklyn Center will review Planning
Commission Application No. 97009, submitted for proposed Preliminary Registered Land Survey,
at its meeting on Monday, July 28, 1997, at approximately 7:00 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. 97009
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430-2199 • City Hall & TDD Number (612) 569-3300
Recreation and Community Center Phone & TDD Number (612) 569-3400 • FAX (612) 569-3494
An Affirmative Action/Equal Opportunities Employer
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Specialist
Subject: City Council Consideration Item - Planning Commission Application No. 97009
Date: July 23, 1997
On the July 28, 1997, City Council Agenda is Planning Commission Application No. 97009
submitted by Lloyd E. Pew, of H. T. P. O., Inc. requesting preliminary Registered Land
Survey to divide Tract B, RLS 1619, which is located at the Northwest corner of Shingle
Creek Parkway and Freeway Boulevard, into two parcels.
Attached for your review are copies of the Planning Commission Information Sheet for
Planning Commission Application No. 97009 and also an area map showing the location of the
property under consideration, various site plans, 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 July 17, 1997, 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 of the Planning Commission.
Planning\plancom\97009. sum
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
Denis L. Mindak
SUN
PUB"TKM
AFFIDAVIT OF PUBLICATION
being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun -Post , and has full knowledge of the facts
which are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed Notice of Hearin id
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for one successive weeks; it was first published
on Wednesday the 9 day of J u I v , 19 9 7, and was thereafter
printed and published on every
, the day of
to and including
19 : and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the
size and kind of type used in the composition and publication of the notice:
almidglWklmnopgrstuvwxyz
0
TITLE: Publisher
Acknowledged before me on this
9 day of J u I v 19 9 7.
Public
r
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.55 per line
for comparable space
(2) Maximum rate allowed by law for the above matter $ 6.20 per line
(3) Rate actually charged for the above matter $ 1.20 per line
F kTj CITY., K 1 I W11
DATE: July 15, 1997
TO: Ron Warren, Planning and Zoning Specialist
FROM: Scott Brink, City Engineer
SUBJECT: Preliminary Registered Land Survey
Tract B, RLS 1619 (Northwest Corner of Shingle Creek Parkway and Freeway
Boulevard)
A preliminary plat for Registered Land Survey has been submitted to the city for review and approval.
The plat was submitted by the firm of Hansen Thorp Pellinen Olson, Inc. (HTPO), and dated May 23,
1997. The applicant is seeking approval of a preliminary Registered Land Survey that will divide Tract
B, RLS 1619 into two parcels to be known as Tracts A and B of a yet unnumbered Registered Land
Survey. The following additional comments are offered at this time.
• Additional Drainage and Utility Easements should be provided along the property lines, a
typical standard provided on most plats. A minimum five(5) foot easement along both sides of
property lines, and 10 feet along existing roadways, or roadway right of ways should be
provided. This would include an easement along Parkway Circle.
• Common sanitary sewer and water lines will serve both Tracts A and B of this property. In
addition to shared access agreements, appropriate shared maintenance and usage agreements of
these utilities must be developed and filed with the final RLS for this property.
• Any additional comments or recomendations by the City Attorney
From:
Diane Spector
To:
Ron Warren
Subject:
HTPO Inc
Date:
Friday, July 18, 1997 4:42PM
I finally got to read the PC agenda. Please don't forget the need for a subdivision agreement on this RLS,
there's a water hookup charge that will be due on Tract B
Page 1
July 9, 1997
Lloyd E. Pew
HTPO, Inc
7565 Office Ridge Circle
Eden Prairie, MN 55344
Dear Lloyd,
Please be advised that the Planning Commission of the City of Brooklyn Center will review
Planning Commission Application No. 97009, submitted for proposed Preliminary Registered
Land Survey, at its meeting on Thursday, July 17, 1997, 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. 97009
July 9, 1997
Shingle Creek Hospitality L.L.P.
Tom Wold
C/O Wold Johnson, P.C.
400 Gate City Building
500 Second Ave N
P. O. Box 1680
Fargo, ND 58107
Dear Tom,
Please be advised that the Planning Commission of the City of Brooklyn Center will review
Planning Commission Application No. 97009, submitted for proposed Preliminary Registered
Land Survey, at its meeting on Thursday, July 17, 1997, 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. 97009
NOTICE OF HEARING
ON PROPOSED PRELIMINARY REGISTERED LAND SURVEY
CITY OF BROOKLYN CENTER
Notice is hereby given of a public hearing to be held on the 17th of July, 1997 at 7:30
p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider the proposed preliminary
Registered Land Survey to be known as Tracts A & B of a yet unnumbered Registered Land
Survey for the property described as follows:
Tract B, Registered Land Survey No. 1619
This property is more commonly described as 2050 Freeway Boulevard
Said proposed preliminary Registered Land Survey has been submitted by Lloyd E.
Pew, HTPO, Inc. on behalf of Shingle Creek Hospitality, LLP.
Dated: June 27, 1997
Ronald A. Warren
Planning Commission Secretary