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HomeMy WebLinkAbout1986 07-28 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 28, 1986 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, HRA Coordinator Brad Hoffman, and Personnel Coordinator Geralyn Barone. Councilmember Gene Lhotka was absent from this evening's meeting due to illness. INVOCATION The invocation was offered by Councilmember Scott. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Hawes requested that item 8g be removed from the Consent Agenda, and Councilmember Theis requested that item 8b be removed from the Consent Agenda. APPROVAL OF MINUTES - JULY 14 1986 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the July 14, 1986 City Council meeting. The motion passed. RESOLUTIONS RESOLUTION NO. 86 -113 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -L (SIDEWALK IMPROVEMENT PROJECT NO. 1986 -14) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. 7 -28 -86 -1- RESOLUTION NO. 86 -114 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, ACCEPTING CITY ENGINEER'S REPORT AND APPROVING PLANS AND SPECIFICATIONS FOR EARLE BROWN FARM TAX INCREMENT DISTRICT PHASE II STREETSCAPE, IMPROVEMENT PROJECT NO. 1986 -15 (CONTRACT 1986 -0) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -115 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER TO CONTRACT FOR CONSTRUCTION OF CENTERBROOK GOLF COURSE (IMPROVEMENT PROJECT NO. 1985 -23, CONTRACT 1986 -C) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE -..OPERATOR Ground Round 2545 County Road 10 K -Mart 5930 Earle Brown Drive AMUSEMENT DEVICE - VENDOR D.V.M. Inc. 119 State Street GARBAGE HAULERS VEHICLE LICENSE Waste Control 94 West Ivy Street MECHANICAL SYSTEMS LICENSE Michael Glynn 5801 Lyndale Avenue North Green Mechanical 8811 E. Research Center Rd. Preferred Sheet Metal Inc. 90 West Woodlynn Avenue RENTAL DWELLING LICENSE Initial: Jim and Norma Donovan 4207 Lakeside Ave. N. #234 Eugene L. Temple 4207 Lakeside Ave. N. #235 Dennis and Joan Leonard 4207 Lakeside Ave. N. #325 Renewal: Lloyd J. Waldusky Georgetown Park Townhouses Lyn River Corp. Lyn River Apartments Douglas J. Bistodeau 5541 Emerson Avenue N. Jay Showalter 6742, 44 France Avenue N. Eugene Van Lith 2901 Mumford Road Roland Scherber 7212 Newton Avenue N. 7 -28 -86 _2_ Harshad Bhatt 7206, 12 West River Road Charles Q. Hillstrom 1215, 17 54th Avenue N. The motion passed. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Proposals for Booster Pumps and for Reconstructing Pump Vaults for Water Quality Improvement Project No. 1986 -18. Councilmember Theis referred to item 5 in the resolution and asked what the funding source refers to. The Director of Public Works said the funding source should be the Public Utilities Fund. RESOLUTION NO. 86 -116 Member Rich Theis introduced the following resolution and moved its adoption subject to the amendment of item 5 as follows: "5. Payment for work completed under the contracts above shall be charged to the Public Utilities Fund." RESOLUTION ACCEPTING PROPOSALS FOR BOOSTER PUMPS AND FOR RECONSTRUCTING PUMP VAULTS FOR WATER QUALITY IMPROVEMENT PROJECT NO. 1986 -18 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PROCLAMATION DECLARING "NATIONAL NIGHT OUT" AUGUST 12 1986 Mayor Nyquist recognized Mr. Phil Cohen, President of the Brooklyn Center Crime Prevention Fund, who stated that "National Night Out" has been proclaimed by Congress as August 12, 1986. Mr. Cohen pointed out that various communities in the Twin Cities area have participated in the "National Night Out" in previous years. He said this activity recognizes that the community has citizen participation in crime prevention, and it lets the criminal element know that Brooklyn Center is alert to what is happening in its community. Councilmember Theis asked if the value of this one night out is expected to show a decrease in crime for the one night or over a longer period of time. Mr. Cohen responded that the one night will not necessarily have an effect on the overall crime rate, but it does let the community know that the Crime Prevention Fund is involved. He pointed out that the Crime Prevention Fund has the crime tips phone available 365 days per year. Member Bill Hawes introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING "NATIONAL NIGHT OUT", AUGUST 12, 1986 The motion for the adoption of the foregoing proclamation was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Approving Agreement with City of Brooklyn Park for Extension- of Trail System in Palmer Lake Park (Improvement Project No. 1986 -13). He noted that the bicycle trail stops 600 feet short of the northern boundary of Brooklyn Center. In the past, the City did not know where Brooklyn Park would build their trail to Brooklyn Center's City limits, 7 -28 -86 -3- but now the plans are firm. The City Manager said the Director of Public Works feels the price for this project is a good one. The Director of Public Works noted that when the entire project is totally completed, the trailway system will go all the way to Coon Rapids. Councilmember Theis asked how much of Palmer Lake will not have a trail around it, and the Director of Public Works said there will only be a gap between 69th and 70th Avenues North on the north side of the lake. Councilmember Theis requested that this area be considered for final development. RESOLUTION NO. 86 -117 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH CITY OF BROOKLYN PARK FOR EXTENSION OF TRAIL SYSTEM IN PALMER LAKE PARK (IMPROVEMENT PROJECT NO. 1986 -13) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The,City Manager presented a Resolution Amending Appropriation for Remodeling of Police Department, Phase II (Improvement Project No. 1986 -02, Contract 1986 -B). Councilmember Scott asked if this would complete everything that the Police Department needs done for its remodeling, and the City Manager responded affirmatively. He added that there will be some repainting of the squad room, but this will be a 1987 budget request. RESOLUTION NO. 86 -118 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING APPROPRIATION FOR REMODELING OF POLICE DEPARTMENT, PHASE II (IMPROVEMENT PROJECT NO. 1986 -02, CONTRACT 1986 -B) The Director of Public Works pointed out a typographical error in the resolution, noting that the word "finding" in the last sentence should read "funding ". Councilmember Scott requested that this correction be made in the resolution. The motion for the adoption of the foregoing resolution was duly seconded b member Bill Hawes, and upon vote being taken on the resolution, the motion passed unanimously. The City Manager presented a Resolution Approving Change Order to Contract for Construction of Storm Sewer for Earle Brown Farm (Improvement Project No. 1986 - 08, Contract 1986 -I). He noted this change order provides for the installation of storm and sanitary sewer connections to serve the proposed Earle Brown Commons site. Councilmember Hawes asked why the change order is necessary and wondered if this was overlooked at the time of the original bid. The Director of Public Works stated that the sanitary sewer-running across the parking lot to Ryan's office building will serve the proposed housing complex. At the time of the development of the specifications and the bidding, the proposed housing complex was not mentioned in the original contract. There was still a possibility at that time that the design and location of the housing complex would change, and, therefore, staff did not feel comfortable including this item 7 -28 -86 _4_ in the contract. The Director of Public Works continued that now the design is definitely established and Ryan Construction will construct a holding pond, so it is only natural for them to do this project. RESOLUTION NO. 86 -119 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER TO CONTRACT FOR CONSTRUCTION OF STORM SEWER FOR EARLE BROWN FARM (IMPROVEMENT PROJECT NO. 1986 -08, CONTRACT 1986 -I) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEM WEED HEIGHT ORDINANCE The City Manager noted that the current ordinance on weeds includes the state adopted criteria on noxious weeds, and the housing code ordinance requires mowing of property according to "community standards ". He requested the City Council to direct staff to set a six -inch limit on the length of the weeds, which would help in enforcement and handling of complaints. The City Manager pointed out that the range of other cities' ordinances is from four to ten inches. Councilmember Hawes felt that six inches is fine, because by the time the City is able to enforce the ordinance the height of the grass will be eight to ten inches in length. The City Manager stated that staff would like to work with the City Attorney in developing an ordinance amendment. Councilmember Theis expressed concern that six inches would be too short for issuing citations. The City Manager pointed out that a compliance order is first issued before a citation, and if there is no compliance, the property owner is given a certain number of days to comply. When there is no compliance, the City will mow the property and bill the owner. The City Manager pointed out that if the ordinance is passed, it will be more timely next year rather than this year. Councilmember Theis referred to a memorandum from Patti Page, in which the cities of New Hope and St. Louis Park thought the six -inch maximum is too difficult to enforce. The City Manager stated that he did not think it would be that difficult. Councilmember Theis requested additional information as to why New Hope and St. Louis Park feel it is difficult to enforce a six -inch length limitation. Councilmember Scott pointed out that warm and rainy weather like this spring should be taken into account when amending the ordinance, because at times it may be too wet to mow. Councilmember Scott agreed that a height limit is a good idea, but she is not sure what is a good height. Mayor Nyquist agreed, noting twelve inches is definitely too long. He added that whatever the height is set at, the City will not be enforcing it until it is a few inches longer than the limit. Councilmember Theis pointed out that if the limit is set at six inches, there will be a problem maintaining City owned property. The City Manager said it is possible that there will be some problems, unless special exemptions are made. Councilmember Theis stated that he supports efforts for an easily enforced ordinance. The City Manager said he will obtain more details and report back to the City Council. INFORMATIONAL HEARING 7 -28 -86 -5- The City Manager stated that an informational hearing is scheduled regarding proposed installation of sidewalks on the west side of Humboldt Avenue North between 69th and 70th Avenues North and between 72nd Avenue North and Woodbine Lane (Improvement Project No. 1986 -06). He noted there are no assessments being levied, and the City will pay for the improvements. The City Manager noted that the hearing this evening is being held for the residents, and this subject rew out of past traffic g r problems occurring on Humboldt Avenue North. He reviewed the current and proposed sidewalks in the area. Councilmember Theis asked if those receiving notice of this evening's informational hearing have property abutting the improvements, and the City Manager responded affirmatively. Councilmember Hawes asked if there is room for snow storage along the sidewalks and the City Manager again responded affirmatively. The Director of Public Works pointed out that. there is a nine foot boulevard and five foot sidewalks, which would bring everything within one foot of the property line. Councilmember Hawes asked if there would still be enough room for snow storage with the bus turn lane on southbound Humboldt Avenue North. The Director of Public Works noted that there is plenty of room for this. Councilmember Hawes asked if the bus shelter will be in front of the sidewalk, and the Director of Public Works noted that there is a slab in front of the bus shelter and the sidewalk will connect into the slab. He noted these improvements were discussed last fall at the neighborhood meeting. In addition, the Director of Public Works noted that property owners were notified and requested to complete a questionnaire regarding their feelings about the sidewalks. He noted that four of the questionnaires were returned, and of those four, three supported the sidewalks and one said they would go with the majority. The rest of the residents expressed no opposition. He added that the property owners had been notified of the hearing this evening. Councilmember Theis asked about the details of the accident occurring in this area last fall, and the City Manager noted the accident occurred near the bus stop and it appears the incident was not related to the sidewalk. The Director of Public Works reviewed the location of traffic controls in the neighborhood. Councilmember Hawes asked if at one time the City had discussed widening Humboldt Avenue North, and the City Manager said this did occur at one time, but presently ntly staff would like to leave the street as it is and observe the effects of the reconstruction of T.H. 252. Mayor Nyquist recognized Mr. Paul Byrne, 7007 Humboldt Avenue North, who stated that the installation of the sidewalk is for the safety of the children in the neighborhood. Mayor Nyquist also recognized another resident living in the area of 70th and Humboldt Avenues North, who stated he recently purchased his home on Humboldt Avenue North with the understanding that the sidewalk would be installed. Mayor Nyquist recognized Ms. Barb Lippold, 7012 Humboldt Avenue North, who pointed out that the sidewalk is for the safety of the children, particularly for children catching the bus to Jackson Jr. High School. The City Manager explained that there is no action required at this point by the City Council, as the project has already been ordered. Councilmember Hawes asked if there would be a crosswalk at the equivalent of 70th Avenue North, and 7 -28 -86 -6- the City Manager reviewed the location of the crosswalks. Councilmember Scott asked when the project will be started. The Director of Public Works said the bids will be opened on August 7, 1986 and a resolution should be before the City Council in two weeks for acceptance of the bids. Expected completion date would be before school starts in the fall. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 86025 SUBMITTED BY BROOKDALE OFFICE PARK PARTNERSHIP REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A FIVE BUILDING OFFICE COMPLEX AT THE NORTHWEST CORNER OF COUNTY ROAD 10 AND NORTHWAY DRIVE AND PLANNING COMMISSION APPLICATION NO. 86026 SUBMITTED BY BROOKDALE OFFICE PARK PARTNERSHIP REQUESTING PRELIMINARY PLAT APPROVAL TO COMBINE INTO A SINGLE LOT THE TWO VACANT COMMERCIALLY ZONED LOTS BETWEEN THE BROOKLYN CROSSING OFFICE BUILDING AND THE F AND M BANK The City Manager noted that these applications were recommended for approval by the Planning Commission at its July 17, 1986 meeting. The Director of Planning & Inspection first reviewed Application No. 86025, referring to the Planning Commission minutes of July 17, 1986, pages one through four, and the two attached informational sheets with these minutes. He proceeded to review the site plan and the informational sheets, as well as the 13 conditions approved by the Planning Commission on pages two and three of the July 17, 1986 Planning Commission minutes. The Director of Planning & Inspection also reviewed the informational sheet of Application No. 86026. He noted the Planning Commission recommended approval of the application subject to three conditions, adding that there is a public hearing scheduled on Application No. 86026. Mayor Nyquist asked why the applicant changed its approach, which originally was for a multi -story office building. The Director of Planning & Inspection stated that the developers feel there is a need for more one story office buildings, which are more service oriented. Mayor Nyquist pointed out that there is less square footage under this proposal, and the Director of Planning & Inspection agreed with this statement. Councilmember Hawes asked for clarification of the trash receptacle area, and the Director of Planning & Inspection reviewed the plan for this. Councilmember Hawes asked if there is another driveway off of Northway Drive besides the main entrance, and the Director of Planning & Inspection said there will be one entrance closer to the F&M Marquette Bank. The City Council and staff discussed easements, lighting of the parking lot, and fencing around the area of this project. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86026 submitted by Brookdale Office Park Partnership requesting preliminary plat approval to combine into a single lot the two vacant commercially zoned lots between the Brooklyn Crossing Office Building and the F&M Bank. Mayor Nyquist inquired if there was anyone present in the audience 7 -28 -86 -7- who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 86026 submitted by Brookdale Office Park Partnership. The motion passed. Councilmember Hawes expressed concern about the brightness of the lights in the parking lot as they affect the neighborhood, and staff explained that the lighting should not affect the neighborhood. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 86025 submitted by Brookdale Office Park Partnership requesting site and building plan approval to construct a five building office complex at the northwest corner of County Road 10 and Northway Drive, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built utility survey of the property prior to release of the performance guarantee. 10. On -site traffic control signs shall be installed in accordance with the recommendations of the Director of Public Works. 7 -28 -86 _8_ 11. The replat of the property shall receive final approval by the City Council and be filed at the County prior to issuance of permits. 12. The applicant shall submit drainage calculations and means for purification of storm water for review by the City Engineer for compliance with watershed district regulations, prior to the issuance of permits. 13. The applicant shall verify that site lighting shall be in conformance with the Zoning Ordinance prior to the issuance of building permits. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve Planning Commission Application No. 86026 submitted by Brookdale Office Park Partnership requesting preliminary plat approval to combine into a single lot the two vacant commercially zoned lots between the Brooklyn Crossing Office Building and the F&M Marquette Bank, 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. The necessary documents for relocating the existing utility easements shall be reviewed and approved by the City Engineer and the City Attorney prior to final plat approval. The motion passed. RECESS The Brooklyn Center City Council recessed at 8 :05 p.m. and reconvened at 8:23 p.m. PLANNING COMMISSION ITEMS (CONTINUED) PLANNING COMMISSION APPLICATION NO. 86010 SUBMITTED BY THE CITY OF BROOKLYN CENTER REQUESTING REZONING FROM I -1 TO R7 THE LAND IMMEDIATELY SOUTH OF THE EARLE BROWN FARM AND EAST OF THE BROOKDALE CORPORATE CENTER III SITE PLANNING COMMISSION APPLICATION NO. 86027 SUBMITTED BY EARLE BROWN COMMONS PARTNERSHIP REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT AN 11 STORY 140 UNIT APARTMENT BUILDING AS THE FIRST PHASE OF A TWO -PHASE RESIDENTIAL DEVELOPMENT ON THE VACANT LAND SOUTH OF THE EARLE BROWN FARM AND EAST OF THE BROOKDALE CORPORATE CENTER III SITE PLANNING COMMISSION APPLICATION NO. 86028 SUBMITTED BY EARLE BROWN COMMONS PARTNERSHIP_REQUESTING A VARIANCE FROM SECTION 35-700 OF THE ZONING ORDINANCE TO 7 -28 -86 _9_ ALLOW A GREENSTRIP OR PARKING SETBACK OF LESS THAN 15' ADJACENT TO THE EARLE BROWN DRIVE WESTERLY RIGHT -OF -WAY ON A TEMPORARY BASIS The Director of Planning & Inspection noted that these three applications are related and will be discussed at this time. He turned first 1 to Application No. 86010 and referred the Council to the Planning Commission minutes of July 17, 1986, particularly pages four through eight of these minutes. He also reviewed the informational sheet attached to Application No. 86010. With regard to this application, the Planning Commission approved two resolutions for amendments to the Comprehensive Plan. The Director of Planning & Inspection reviewed the resolutions passed by the Planning Commission on July 17, 1986, in particular Planning Commission Resolution No. 86 -02 and Planning Commission Resolution No. 86 -03. The Director of Planning & Inspection noted that there will also have to be an ordinance amendment when the new plat is brought before the City Council at a future date. The Director of Planning & Inspection proceeded to review Application No. 86027, referring the City Council to the July 17, 1986 Planning Commission minutes, in particular pages six and seven. He reviewed the informational sheet and site plan for Application No. 86027, and reviewed the 21 conditions approved by the Planning Commission. The Director of Planning & Inspection then reviewed Application No. 86028, reviewing the one condition approved by the Planning Commission at its July 17, 1986 meeting. Councilmember Hawes asked if the walkway between the apartment building and the office building is enclosed, and the Director of Planning & Inspection said it would be totally enclosed and heated. He added that a similar structure would be connecting the apartments to the hippodrome if deemed necessary at a future date. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86010 submitted by the City of Brooklyn Center requesting rezoning. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 86010 submitted by the City of Brooklyn Center requesting rezoning. The motion passed. RESOLUTION NO. 86 -120 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOMMENDING AMENDMENT OF CITY COUNCIL RESOLUTION NO. 82 -255 (COMPREHENSIVE PLAN) RELATIVE TO LAND LOCATED IN AND AROUND THE EARLE BROWN FARM The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 86 -121 Member Rich Theis introduced the following resolution and moved its adoption: 7 -28 -86 -10- RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 86010 SUBMITTED BY THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY (HRA) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 86027 submitted by Earle Brown Commons Partnership requesting site and building plan approval to construct an 11 story, 140 unit apartment building as the first phase of a two -phase residential development on the vacant land south of Earle Brown Farm and east of the Brookdale Corporate Center III site, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built utility survey of the property prior to release of the performance guarantee. 10. The replat of the property shall receive final approval by the City Council and be filed at the County prior to the issuance of permits. 7 -28 -86 -11- i 11. Plan approval is contingent upon a rezoning of the land south of the Earle Brown Farm site and east of the Brookdale Corporate Center III site to R7. 12. Plan approval acknowledges a density credit of 67,324 sq. ft. for the entire two -phase development (each phase to be accorded a separate density credit based on land area and covered parking) based upon a minimum of 135 covered parking stalls on the site. 13. Plan approval is contingent upon the applicant entering into an agreement with the City to provide additional parking based on the proof -of- parking plan upon a determination by the City that such additional spaces are required for the public welfare. Said agreement to be filed with the title to the property at the County as a deed restriction prior to the issuance of permits. 14. Plan approval is contingent upon the granting of a temporary greenstrip variance under Application No. 86028. 15. Necessary documents to relocate utility easements for City water main and storm sewer shall be executed and filed with the title to the property at the County prior to the issuance of building permits for Building B. 16. The applicant shall enter into standard utility maintenance agreement with the City prior to the issuance of permits. 17. A cross access agreement between the residential site and the office site to the west shall be executed and filed with the title to the property prior to the issuance of permits. 18. Planting of four 6" diameter trees on the Phase I site in accordance with Section 35 -410 shall be deferred for up to five years to allow for completion of the second phase. 19. Plan approval is subject to review and approval of the Shingle Creek Watershed Management Commission with respect to ponding and water purification requirements prior to the issuance of permits. Ponding areas shall be protected by easements to be filed with the title to the property prior to the issuance of permits. 20. Plan approval specifically excludes the connecting link between the existing office building at 6100 Summit Drive and the hippodrome on the Earle Brown Farm. 21. Plan approval applies to development of Building A, the existing office and the common area. Site and building plan approval of the second phase, Building B, is subject to further review and approval when proposed for construction. 7 -28 -86 -12- r Councilmember Theis asked if the walkway is excluded from this application, and the Director of Planning & Inspection noted that the walkway between the hippodrome and the apartments is excluded, but there will be a walkway between the office building and the apartment building. Upon vote being taken on the foregoing motion, the motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve Planning Commission Application No. 86028 submitted by Earle Brown Commons Partnership requesting a variance from Section 35 -700 of the zoning ordinance to allow a greenstrip or parking setback of less than 15' adjacent to the Earle Brown Drive westerly right -of -way on a temporary basis, subject to the following condition: 1. The City Attorney shall comment to the City Council on the progress of acquiring the underlying land in the right -of- way to be vacated prior to Council action on Application No. 86027. The motion passed. OTHER DISCUSSION The City Manager noted that the Thrifty Scot Motel has changed ownership but not management, and a request has been made to continue the special use permit to allow commercial development in an I -1 zone. There was a motion by Councilmember Theis and seconded by Councilmember Scott acknowledging the transfer of ownership and continuance of the special use permit for the Thrifty Scot Motel. The motion passed. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. The motion passed. The Brooklyn Center City Council adjourned at 9 :05 p.m. ci) 6 City Clerk Mayor Pro tem 7 -28 -86 -13-