HomeMy WebLinkAboutPC90027 - 10/18/90 - 1801 67th AveL
PLANNING COMMISSION FILE CHECKLIST
FILE INFORMATION File Purge Date: G c CALI
Planning Commission Application Number:
PROPERTY INFORMATION
Zoning:
PLAN REFERENCE
Note: If a plan was found in the file during the purge process, it was pulled for
consolidation of all plans. Identified below are the types of plans, if any, that were
consolidated.
• Site Plans
• Building Plans ✓
• Other:
FILE REFERENCE
Note: The following documents were purged when this project file became inactive. We
have recorded the information necessary to retrieve the documents.
Document Tvoe Date Range Location
Agendas: Planning Commission Office
Minutes: Planning Commission ko�kslcIC City Vault
Minutes: City Council I e'W"Cilcto City Vault
-I FICA �
Document Type Number Location
Resolutions: Planning Commission City Vault
Resolutions: City Council City Vault
Ordinances: City Council City Vault
Street Location of Property
CITY OF BROOKLYN CENTER
PLANNING COMMISSION APPLICATION
Please Print Clearly or Type
1801-67th Avenue North
Application No. 90027
Legal Description of Property Tract "A", Registered Land Survey Number 1329,
PID 35-119-21-14-0005 Hennepin County, MN; Brooklyn Ctr. Indust. Park, Platt 2, Lot 1,
Block 2
Owner Johnson Controls, Inc.
Address 5757 North Green Bay Avenue
Applicant Johnson Controls, Inc.
Phone No.414-228-1200
�,' "� -2 W
Address 5757 North Green BayAvenue I/V�� / Phone No. 414-228-1200
Type of Request: Rezoning Subdivision Approval
Variance x Site & Bldg. Plan Approval
Special Use Permit
Other:
Description of Request: Add 6,000 Square Feet to Existing Branch Facility.
The applicant requests processing of this application and agrees to pay to the City of
Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state-
ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses
reasonably and necessarily required by the City for the processing of the application.
Such costs shall be in addition to the application fe scribed herein. Withdrawal of
the application shall not relieve the applicant of a bliga ion to pay costs incurred
prior to withdrawal. x /. A o
Fee $ 250.00 � l g 0 it ! A licant s Signature
Receipt No. Jri 2 Date: October 3. 1990
PLANNING COMMISSION RECOMMENDATION
Dates of P.C. Consideration: le�l'>2%y n
Approved Denied this / -I"" day of
19 1 r , subject to the
following conditions: /L W:c /-.c/z =j �C-'r
CITY COUNCIL ACTION
Dates of Council Consideration:
y
Approved Denied this ''^` day of ��` �' t �c� C
amendment:
Chairman
19-/✓ ' , with the following
P/I Form No. 18
(over please)
e
Planning Commission Information Sheet
Application No. 90027
Applicant: Johnson Controls, Inc.
Location: 1801 67th Avenue North
Request: Site and Building Plan
Location/Use
The applicant requests site and building plan approval to construct
a 6,666 sq. ft. addition to the existing 10,000 sq. ft. Johnson
Controls building at 1801 67th Avenue North. The property in
question is zoned I-1 and is bounded by 67th Avenue on the north,
by James Avenue on the east, by the Northwestern Bell maintenance
building on the south, and by the Coachman Industrial building on
the west. The use of the building is a combination of office and
warehouse or storage space. Most of the addition is to be devoted
to office space. The Johnson Controls use is considered to be a
permitted use in the I-1 zoning district.
Access/Parking
The site has one access off 67th Avenue North and one access off
James Avenue North. The access off James Avenue is being moved
about 10' south of its current location so as to make it easier for
trucks to exit the site from the new loading dock on the east side
of the building. The proposed building utilization is 11,872 sq.
ft. of office space (59.36 parking spaces at 1 per 200 sq. ft.) and
4,794 sq. ft. of warehouse space (5.99 spaces at 1 per 800 sq. ft.)
for a total parking requirement of 65.35 or 65 spaces. The
proposed site plan provides for a total of 65 parking spaces
including 2 handicapped stalls near the new south entrance.
Johnson Controls utilizes a number of vans which are driven to and
from work by employees. The vans are not stored on the site and,
therefore, represent no additional parking demand.
Landscaping
The site in question is 60,450 sq. ft. or approximately 1.4 acres.
The point requirement for this site under the landscape point
system is 104 points. The site presently has 73.5 points worth of
landscaping including six (6) Summit Green Ash trees. The
landscape plan calls for 81.5 additional points by providing a
variety of new plantings, including two Imperial Honey Locust trees
in the green area immediately south of the building, two Sugar
Maples at either end of the row of parking east of the building and
a Greenspire Linden just north of the loading dock. The plan also
proposes a number of various shrubs in planting beds adjacent to
the south and east walls of the building addition and in a planting
bed along the north side of the existing building.
Grading/Drainage/Utilities
The proposed grading and utility plan calls for no new utility
installations except an 8" storm sewer line to convey roof drainage
to an existing storm sewer line in the parking lot in front of the
10-18-90 1
Application No. 90027 continued
access off James Avenue North. The new parking lot area along the
south side of the site will drain eastward to the existing paved
area and into an existing catch basin east of the building. No new
water or sewer lines are proposed. It is recommended that a
concrete pad or heavier bituminous be provided in the loading dock
area. The applicant's architect has also been advised that B612
curb and gutter is required around all parking and driving areas.
New curbing will, therefore, have to be B612 type.
Building
The proposed floor plan shows that the majority of the new addition
will be devoted to an open engineering department with an
unspecified number of work stations. There will also be an
expansion of the storage area for "consigned material." The
building exterior materials are to match the existing exterior
treatment. The background treatment is to be 12" concrete block,
matching existing coursing. Sections of split -faced ribbed block
will be interspersed with anodized aluminum windows on the west
elevation. Larger windows will be provided on the south and east
elevations to allow natural light into the office area of the
addition. An entryway with an air lock is proposed in the side of
the addition.
Lighting/Trash
The site presently has no exterior site lighting and none is
proposed as this is basically a daytime use. The City has no
minimum lighting standards. We are not aware of any security
problems at this location. A trash enclosure is not indicated on
the plans. The architect has indicated that an enclosure will be
placed near the southwest corner of the building. It should be
kept in mind that required parking spaces may not be used for the
location of dumpsters and that an opaque screening device is
required.
Recommendation
Altogether, the proposed plans appear to be in order and approval
is recommended, subject to at least the following conditions:
1. Building plans are subject to review and approval by the
Building Official with respect to applicable codes prior
to the issuance of permits.
2. Grading, drainage, utility and berming plans are subject
to review and approval by the City Engineer, prior to the
issuance of permits.
10-18-90 2
Application No. 90027 continued
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 property owner shall enter in an Easement and
Agreement for Maintenance and Inspection of Utility and
Storm Drainage Systems prior to the issuance of permits.
Submitted by,
�Z
Gary Shllcross
Planner
iroved by,
d.olaid A. Warren
Director of Planning and Inspection
10-18-90 3
--46
w
F
DEPARTMENT OF PLANNING AND INSPECTION
CITY OF BROOKLYN-CENTER
PERFORMANCE AGREEMENT
File No. 90027
This Agreement is entered into by Johnson Controls, Inc. hereinafter
called the Developer and the City of Brooklyn Center, a Municipal Corporation, under the laws
of the State of Minnesota, hereafter called the City.
THE WORK
The Developer has received approval of its Development Plans by the City Council of the..
City (pursuant to City Ordinances), subject to the execution of this Performance Agreement,
pursuant to the laity Council approval of October 29, 1990 and in accordance with said
Development Plans all of which are made a part hereof by reference. In consideration of such
approval, the Developer, its successors and assigns, does covenant and agree to perform the
work as set forth in the Development Plans, in the aforesaid Approval, and as hereinafter set
forth, upon the real estate described as follows: 1801 67th Avenue North
The Work shall consist of the improvements described in the Development Plans, in the
aforesaid Approval (to include any approved subsequent amendments) and shall be in compliance
with all applicable Statutes, Codes and Ordinances of the City.
COMPLETION DATE
The undersigned Developer agrees that the said Work shall be completed in its entirety
on or before the 1st_day of December 1991 , and no extension of time shall be valid un-
less the same shall be approved in writing by the City Manager. Said extension of time shall
be valid whether approved by the City Manager before or after the completion date and failure
of the City to extend the time for completion or to exercise other remedies hereunder shall
in no way work a forfeiture of the City's rights hereunder, nor shall any extension of time
actually granted by the City Manager work any forfeiture of the City's rights hereunder. It
shall be the duty of the Developer to notify the City of completion of the Work at least 10
days prior to the Completion Date and to call for final inspection by employees of the City.
MAINTENANCE
The Performance Agreement, in its entirety, shall remain in full force and effect for a
period of one year after actual completion of the Work to determine that the useful life of
all Work performed hereunder meets theaverage standard for the particular industry, profession,
or material used in the performance of the work. Any work not meeting such standard shall not
be deemed complete hereunder. Notice of the date of Actual Completion shall be given to the
Developer by the Director of Planning and Inspection of the City.
FINANCIAL GUARANTEE
The Developer agrees to furnish the City with a Financial Guarantee in the form of a cash
escrow, a bond issued by an approved corporate surety licensed to do business in the State of
Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved
by the City Manager of the City, in the amount of $24,000.00 . Such Financial Guarantee shall
continue in full force and effect until the City Council shall have by motion approved and
accepted all of the Work undertaken to be done, and shall thereby have released the Surety
and/or Developer from any further liability; provided however, that the City Council may by
motion reduce the amount of the Financial Guarantee upon partial completion of the work, as
certified by the City Manager. Such Financial Guarantee shall be conditioned upon the full
and faithful performance of all elements of this Agreement and upon compliance with all
applicable Statutes, Codes, and Ordinances of the City, and shall further be subject to the
following provisions which shall be deemed to be incorporated in such Financial Guarantee and
made a part thereof.
NOTICE
The City shall be required to give prior notice to the corporate surety and the Developer
of any default hereunder before proceeding to enforce such Financial Guarantee or before the
City undertakes any work for which the City will be reimbursed through the Financial Guarantee.
Within 10 days after such notice to it, the surety shall notify the City in writing of its in-
tention to enforce any rights it might have under this Performance Agreement or any Performance
Bond by stating in writing the manner in which the default will be cured and the time within
which such default will be cured, said time not to exceed 60 days unless approved by the City.
(over please)
REMEDIES FOR BREACH
At any time after the Completion date and any extensions thereof, or during the Maintenance
Period, if any of the work is deemed incomplete, the City Council may proceed in any one or more
of the following ways to enforce the undertakings herein set forth, and to collect any and all
overhead expenses incurred by the City in connection therewith, including but not limited to
engineering, legal, planning and litigation expenses, but the enumeration of the remedies here-
under shall be in addition to any other remedies available to the City.
1) Completion by the City. The City, after notice, may proceed to have the Work
done either by contract, by day labor, or by regular City forces, and neither
the Developer nor the Corporate Surety may question the manner of doing such
work or the letting of any such contracts for the doing of any such work.
Upon completion of such Work the Surety and/or the Developer shall promptly
pay the City the full cost thereof as aforesaid. In the event that the
Financial Guarantee is in the form of a Performance Bond, it shall be no
defense by the Surety that the City has not first made demand upon the
Developer, nor pursued its rights against the Developer.
2) Specific Performance. The City may in writing direct the Surety or the Developer
to cause the Work to be undertaken and completed within a specified reasonable
time. If the Surety and/or the Developer fails to cause the Work to be done
and completed in a manner and time acceptable to the City, the City may proceed
in an action for Specific Performance to require such work to be undertaken.
3) Deposit of Finacial Guarantee. In the event that the Financial Guarantee has
been submitted in the form of a Performance Bond, the City may demand that the
Surety deposit with the City a sum equal to the estimated cost of completing
the work, plus the City's estimated overhead expenses as defined herein, in-
cluding any other costs and damages for which the Surety may be liable hereunder,
but not exceeding the amount set forth on the face of the Performance Bond,
which money shall be deemed to be held by the City for the purpose of reimbursing
the City for any costs incurred in completing the Work as hereinbefore specified,
and the balance shall be returned to the Surety. This money shall be deposited
with the City within 10 days after written demand therefor, and if the Surety
fails to make the required deposit within 10 days, the City shall have the right
to proceed against the Surety with whatever legal action is required to obtain
the deposit of such sum.
4) Funds on Deposit. In the event that the Financial Guarantee is in the form of
cash, certified check, or other arrangement making the Financial Guarantee im-
mediately accessible to the City, the City may, after notice to the Developer,
deposit the Financial Guarantee in its General Account. The City may then pro-
ceed to complete the Work, reimburse itself for the cost of completion as de-
fined hereunder, and return the balance to the Developer.
PRnrrnl IRFq
A copy of this Performance Agreement shall be attached to the Corporate Surety Bond,
if any, and reference to this Performance Agreement shall be made in any such bond, but no
corporate surety shall assert as a defense to performance hereunder, any lack of reference
in the bond to this Performance Agreement.
The original and two copies of this Agreement, properly executed, together with the
appropriate Financial Guarantee shall be submitted to the City.
IN WITNESS
eWHEREOF, the Developer and the City have executed this Agreement this 29th
day of 19 90
0_� Q. oxt jj,
Witness
Witness
Subscribed
and
sworn to before
me thi
aO
29th day
of
October
19
Zoning Officia
P/I Form No. 23 Rev. 6-77
SAFECO
PERFORMANCE BOND
Approved by The American Institute of Architects
A.I.A. Document No. A-311 February, 1970 Edition
SAFEEFIAAL INISURAN�CEE CMOMPANNYOOF VRIICCA
ST NATIpVAI NStJRANCE COMPANY
HOME OF�FI SAFECO PLAZA
SEATTLE. WASHMTON 98185
Bond No. 5253540
KNOW ALL BY THESE PRESENTS. That we. Johnson Controls, Inc.
.
5757 N. Green Bay Avenue
Here insert the name and address or legal title of Contractor
Milwaukee, WI 53209
as Principal. hereinafter called Contractor, and SAFECO INSURANCE COMPANY OF AMERICA. a Washington
Corporation of Seattle. Washington, as Surety, hereinafter called Surety, are held and firmly bound unto
City of Brooklyn Center, MN
Here insert the name and address or legal title of Owner
as Obligee. hereinafter called Owner. in theamount of Twenty—four Thousand Dollars and 00/100----
------------------------------------------ -----------
Dollars (S 24, 000.00------ ).
for the payment whereof Contractor and Surety bind themselves. their heirs. executors. administrators, successors and
assigns jointly and severally, firmly by these presents.
WHEREAS.
Contractor has by written agreement dated 10/16
. 19
90
entered
into a Contract
with Owner
for As described in Performance Agreements
Approved
on
10/29/90
under
section entitled "The Work."
in accordance with Drawings and Specifications prepared by N/A
Here insert full name and address or legal title of Architect
which Contract is by reference made a part hereof. and is hereinafter referred to as the Contract.
NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH. That. if Contractor shall promptly and
faithfully perform said Contract, then this obligation shall be null and void: otherwise it shall remain in full force and
effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
S-1219/EP R1 V77 Page 1 of 2 PRINTED IN U.S.:-
Bond No. 5253540
Whenever Contractor shall be, and declared by Owner to be in default under the Contract. the Owner having performed
Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1. Complete the contract in accordance with its terms and conditions. or
2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions.
and upon determination by Surety of the lowest responsible bidder, or. if the Owner elects, upon determination by
Owner and the Surety jointly of the lowest responsible bidder. arrange for a contract between such bidder and Owner.
and make available as Work progresses (even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less
the balance of the contract price: but not exceeding, including other costs and damages for which the Surety may be
liable hereunder. the amount set forth in the first paragraph hereof. The term "balance of the contract price." as used
in this paragraph. shall mean the total amount payable by Owner to Contractor under the Contract and any amend-
ments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment
under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named
herein or the heirs, executors, administrators or successors of Owner.
Signed and sealed this
29th day of October 1990
Johnson Controls, Inc. (mil)
Principal
Witness
a'hn W. Maynard; orney-in-Fact llile
FECO INSURANCE TOMPANY OF AMERICA
vJ.%Joanne Smith, Attorney -in -Fact
COUNTERSIGNED BY:
Roge W. Frank
Minnesota Resident Agent
S-12191EP R1 8/77 Page 2 of 2
Johnson Controls, Inc.
5757 N. Green Bay Avenue
Post Office Box 591
Milwaukee, WI 53201
Tel. 414/228 1200
CONTRA S SON
DELEGATION OF AUTHORITY
The undersigned, President of Johnson Controls, Inc., a Wisconsin
corporation, pursuant to the authority vested in him by a certain
resolution adopted by the Board of Directors of the Company on January 23,
1980, hereby authorizes
John W. Maynard
Manager of Insurance Operations
5757 North Green Bay Avenue
Milwaukee, Wisconsin 53209
to perform, on behalf of the Company, the acts described below:
To execute and deliver, as attorney -in -fact for the Company, any and
all surety, performance, and bid bonds necessary and proper in
carrying on the business of the Company.
This authority does not extend to
a. the execution of contracts for the performance of work, sale of
goods, and furnishing of services;
b. the collection, receipt and recovery of monies due or to become
due to the Company and the issuance of receipts and releases for
the payment thereof;
C. the signing of any notes, contracts, or any other agreement to
borrow money in the name of the Company; and
d. the signing, on behalf of the Company, of any deeds, abstracts,
offers to purchase, or any other instruments pertaining to the
purchase or sale of real property.
This authority shall remain in full force and effect until revoked in
writing by the President of the Company.
Signed and sealed at Milwaukee, Wiscons' -` '"""
Attest:
Secreta
(SEAL)
POWER SAFECO INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME
GENERALINSURANCE COMPANY OF AMERICA
HOME OFF FICE. SAFECO PLAZA
SEEATTLE. WASHINGTON 98185
SAFECO
No.
5155
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each
a Washington corporation, does each hereby appoint
-------------------DOYNE M. HAAS; J. JOANNE SMITH; PAUL S. PRICE; WILLIAM R. HAACK;
MICHAEL C. WOSICK; TERRENCE S. HOFFMAN, Milwaukee, Wisconsin -----------------------
its true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY
OF AMERICA have each executed and attested these presents
this 12th day of July , 19 84 .
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto. and
(iii) Certifying that said power -of -attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Boh A. Dickev, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of
Directors of these corporations, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the
By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
29th day of October
NE
.e
HINTED IN U 5 A
5.g74RIO3 86