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HomeMy WebLinkAboutPC93016 - 2/9/93 - 3501 65th Ave• CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Application No. 93016 Please Print Clearly or Type GPPg01cN cr" ELEME PrRY Sc"oUL— Street Location of Property 3501— (p5+' % AVL—. NO• 15Ro0KLX1 GENTTR MN 55429 Legal Description of Property STr�LNc�D Owner St-ftoL r)117 N CT NO V19 Address 11200 — 93 RD SAVE. NO• Mk%E GROVE SS3loq MN Phone No. 42S-413 Applicant AVMsI'RoNG —i'pRs }I SK0LD 4 {2` E)B5W AJZ�"n-rzQ-5 , INe . AddressA901 OLSON MZMMR 4,\ . HW`� . MpLc,. MtA 55422 Phone No. 525- 323lb Type of Request: Rezoning Variance Special Use Permit Description of Request: S>✓E PT1-AG1+1"c� Subdivision Approval Site & Bldg. Plan Approval Other: 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 fee described herein. Withdrawal of the application shall not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. Fee $ COOO °" Receipt No. Date: NoVSMF�2 2`1. 1993 PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: �� i► Approved Denied following conditions: this day of 19 , subject to the r Chairman - - - - - - - - - - - - - - - - - - - - - - .. - .. - - - - - - - - - - CITY COUNCIL ACTION )ates of Council Consideration: 1pproved Denied this day of amendment: 19 , with the following '/I Form No. 18 (over please) Clerk PLANNING COMMISSION INFORMATION SHEET Application No: 93016 Applicant: Independent School District No. 279 (Osseo Area Schools) Location: 3501 65th Avenue North Request: Site and Building Plan/Special Use Permit Independent School District No. 279, Osseo Area Schools, is requesting site and building plan and special use permit approval to construct a 4,400 square foot addition to the existing 39,300 square foot Garden City Elementary School, which is located at 3501 65th Avenue North. The proposed addition, which is to be located at the south end of the existing building, includes a 2,000 square foot cafeteria, teacher's lounge, four offices, faculty restroom, and storage spaces. The project also includes remodeling of the kitchen, remodeling and expansion of the media center, as well as a new fire sprinkler and fire alarm system throughout the school trash enclosure will also be constructed. The school property is located in an R-1 (single family residence) zoning district and is bounded on the north by 65th Avenue North and Brooklane Park; on the east by the Garden City Court Apartments; on the south by Builder's Square; and on the west by Brooklyn Boulevard. Public and private elementary and secondary schools are listed as special uses in the R-1 zoning district. ACCESS/PARKING Access to the school property is gained only from 65th Avenue North via two curb cuts that are approximately 30 feet wide. The two accesses and a large bituminous area are separated by two chain barriers leading from the sidewalk alongside the school building to the sidewalk located along 65th Avenue North, which creates a protected walking area leading from the school to the street. These chain barriers also separate the functions of the large bituminous area at the front, or north side, of the school. The westerly access leads to the bus loading/unloading area. The easterly access leads to parking and driving areas along the east side of the school building. These chain barriers were erected a few years ago as a temporary means of separating the bus loading/unloading area from the parking lot and to also create a safer walking area from the school to the sidewalk on the street. As indicated above, the easterly portion of the large bituminous area serves as parking and drive lanes for the school. The drive lane with parking on both sides of it continues along the east side of the building and around the back, or south side, where the proposed addition is to be located. It will be necessary to expand and alter the bituminous at the rear of the building in order to have full access around the building back to the new trash enclosure area as well as to fuel tanks that are also in this location. The plans indicate 85 standard parking spaces and five handicap accessible spaces for a total of 90 on -site parking spaces. There are 48 licensed and non -licensed staff personnel that work out of Garden City School. There is no established parking formula in the zoning ordinance for schools and we have tended to look at the number of full time and part time employees as being a basis for determining adequate on -site parking. The 90 parking spaces comprehended appears Planning Commission Application No. 93016 to provide enough parking for staff and visitors on a regular day- to- day basis. Special events at the school may occasionally require some on -street parking, which is expected and understood. Accessible curb openings are proposed for the five handicap parking spaces proposed for this site. LANDSCAPING The proposed landscape plan calls for additional landscaping along the east side primarily for the purpose of parking lot screening. Existing landscaping along the east green strip between the school and the adjoining apartment complex consists of five Red Maple and a White Poplar. Other landscaping is located in front of the building and scattered along the north property line by Brooklane Park and a few Oak trees in somewhat of a grouping along Brooklyn Boulevard. Landscaping also exists within the school's courtyard. The landscape point system does not address schools. It should be noted that parking areas containing more than six parking stalls are required to be screened from abutting residential property. The proposed landscape screening of the parking lot would consist of 20 new Robusta Green Juniper and 21 new Black Hills Spruce located between the existing five Red Maple and two new Red Maple to be planted more to the south end of the existing green strip between the school parking lot and the adjoining apartment complex. An Amer Maple would be planted in a sodded area located at the southeast corner of the school, directly east of the new addition. No other landscaping is proposed. The applicant has been advised that the City is in the process of recommending various landscape and other enhancements for Brooklyn Boulevard and additional landscaping of this site, particularly along Brooklyn Boulevard, is anticipated and will need to be provided. School district cooperation in this regard is anticipated. GRADING/DRAINAGE/UTH,ITIES Because the site is over five acres in area ( 9+ acres), Shingle Creek Watershed Management Commission review and approval pertaining to the quality and rate of site drainage is required. A storm water detention pond is proposed to the south of the altered parking lot. Watershed Management Commission approval of the pond and its functioning is required. Currently the entire parking area lacks curb and gutter. There is no 15 foot minimum green strip existing along 65th Avenue North either. Drainage consists of surface flow generally to the south along the east side of the building. The proposed storm water treatment pond would handle this run off. The expanded and altered blacktop area would be bound by a bituminous edge. We have advised the applicant as to the City's requirement for a minimum B612 curb and gutter around all driving and parking areas. This requirement will mean significant modification to the paved areas including curb and gutter around the perimeter of the parking lot, the establishment of a 15 foot green strip also bound by curb and gutter along 65th Avenue North and curb and gutter around a raised sidewalk area leading from the school to the 65th Avenue North sidewalk where the temporary chain barriers are now located. Mr. Dale Hamilton, 12-9-93 2 Planning Commission Application No. 93016 Coordinator of Management Support Systems for the school district, has advised us that the school district is currently involved in a program of updating, replacing and repairing all parking lots in the district within the next ten years. He is requesting the school district be allowed to defer the required curb and gutter improvements at this time until the Garden City facility is upgraded, at which time such improvements would be accomplished. This seems like a fair means of accomplishing compliance with current ordinance regulations. We would recommend that these improvements be deferred until that time. BUILDING The exterior treatment of the building addition will be a face brick with prefinished metal flashing along the top of the building to match the existing exterior. Aluminum windows to match the existing windows are also proposed. The trash enclosure located on the west wall of the new addition will be of the same face brick with a prefinished metal flashing to match the existing exterior treatment. They propose a chain link gate with slats. We would recommend that an opaque wood gate attached to a metal frame be required rather than the chain link with slats to provide for better screening. SPECIAL USE PERMIT STANDARDS We believe the proposed improvements to Garden City Elementary School meet the standards for Special Use Permits contained in Section 35-220, Subdivision 2 of the City's Zoning Ordinance. The addition of a new cafeteria, teacher's lounge, offices, faculty restrooms, storage spaces, and the kitchen remodeling and expansion of the media center as well as new fire sprinkler and alarm systems throughout the school will enhance the public welfare. These improvements will certainly not be injurious to other property in the neighborhood nor impede normal or orderly development. In fact, the new landscape screening of the easterly parking and driving areas is an improvement in terms of screening for the abutting residential area. Commitment on the part of the school district to upgrading parking along with new curb and gutter and draining improvements is also a benefit to the community. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent. RECOMMENDATION Altogether the plans are generally in order and approval is recommended subject to at least the following conditions: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 12-9-93 3 Planning Commission Application No. 93016 2. Grading, drainage, and utilities plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 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. Plan approval is exclusive of all signary, which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter around all parking and driving areas shall be deferred until the parking lot facilities at the school are upgraded based upon the school district's plan for scheduled improvements, which shall be accomplished within the next ten years. 8. The applicant shall submit an as -built survey of the property, improvements and utilities service lines, prior to release of the performance guarantee. 9. The property owner shall enter into and easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits for this project. 11. The ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement documents shall be executed and filed with Hennepin County prior to the issuance of permits. 12-9-93 4 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 DECEMBER 9, 1993 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chair Pro Tern Holmes at 7:35 p.m. Chair Pro Tern Mark Holmes, Commissioners Bertil Johnson, Robert Mickelson, Dianne Reem, Debra Hilstrom and Tim Willson. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Kathy Stratton. Chairperson Ella Sander had called to indicate she could not make it for this evening's meeting and was, therefore, excused. APPROVAL OF MINUTES - NOVEMBER 18, 1993 Motion by Commissioner Willson, seconded by Commissioner Reem to approve the minutes of the November 18, 1993, Planning Commission meeting as submitted. Voting in favor: Chair Pro Tern Holmes, Commissioners Holmes, Mickelson, Reem and Willson. Voting against: none. Abstaining: Commissioners Hilstrom and Johnson. The motion passed. CHAIRPERSON'S EXPLANATION Chair Pro Tern Holmes explained that the Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 93016 (INDEPENDENT SCHOOL DISTRICT NO. 2791 Chair Pro Tern Holmes introduced the first item of business, a request from Independent School District No. 279 for site and building plan and special use permit approval for a 4,400 square foot addition to Garden City Elementary School located at 3501 65th Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 93016, attached) and offered to answer any questions. Commissioner Johnson commented this is the time to do something to dress the school and surrounding area up a bit. He said he has noticed for years as he comes down Brooklyn Boulevard the ugliness of the school and grounds and asked if there is something the City can do to make it better. 12-9-93 1 J' The Secretary explained the report does make reference to the Brooklyn Boulevard study which is currently in process. He said School District 279 is aware of the study and amenable to doing landscaping when the enhancement program is ready to go. Commissioner Holmes asked if the school's facade could be dressed up. Commissioner Willson suggested language be added requiring improvements to the area to be consistent with enhancements suggested by the Brooklyn Boulevard Task Force's enhancement plan. The Secretary agreed and said that would not be a problem, and could be added to the application as condition #12. Commissioner Hilstrom asked when it was proposed for the walkway to be improved and the Secretary explained that would take place along with the parking lot improvements scheduled to be accomplished by the School District. Commissioner Willson asked if the City has been given the School District's schedule on when the parking lot improvements would be done and the Secretary explained there are currently five schools scheduled for improvements first, and Garden City is not one of them. Commissioner Reem commented the dry pond is a good improvement and suggested the wording in condition #7 be changed so the School District doesn't wait ten years to make improvements. The Secretary explained the School District works on a yearly budget system and if curb and gutter improvements were required by the City at the same time as the addition, they may have to forego the addition. The Secretary suggested the City recommend the School District to submit a landscaping plan within one year that is consistent with the Brooklyn Boulevard study. Commissioner Reem suggested condition #4 be changed to require an opaque wooden gate on a metal frame. Commissioner Mickelson suggested condition #10 be expanded to include compliance with the requirements of the Shingle Creek Watershed Management Commission, and condition #8 read Performance Agreement rather than Performance Guarantee. Chair Pro Tern Holmes recognized representatives of School District 279 Mr. Dave Hamilton and Mr. Mark Hayes who said they would answer any questions. Commissioner Johnson asked what the impetus behind the expansion is at this time, and Mr. Hamilton said it is to bring equity to the building and update inadequate facilities. 12-9-93 2 In response to a question by Commissioner Holmes, Mr. Hamilton explained a new lunchroom is needed because currently the gymnasium is used for lunch, which means no phy-ed classes can use the gym at that time. Commissioner Willson asked if the expansion meant any classroom space is gained. Mr. Hayes responded classroom space remains the same but other space is greatly improved. Commissioner Hilstrom said it is a great inconvenience to use the gym for lunch, and she feels the addition is much needed. She also asked if anything could be done about stickers in the playground area. Mr. Hamilton explained the School District has become much more hesitant to use weed killer and herbicides because of the possible adverse affects which makes control of stickers and burrs more difficult. In response to a question by Commissioner Reem, Mr. Hamilton explained he could give no guarantee about when the parking lot or other improvements could be accomplished because of budget constraints. Mr. Hamilton explained the School District would comply with installation of a wooden gate rather than a chain link fence with slats, and also explained any asbestos would be removed with the routine proper abatement. He also offered the compromise of submitting a landscaping and improvements plan as an add/alternate plan at this time so that the School District will know costs for budgeting purposes. He said that plan could be revised when the Brooklyn Boulevard Task Force is finished creating its guidelines. He reported construction on the addition is scheduled for summer of 1994. PUBLIC HEARING (APPLICATION NO. 93016) Chair Pro Tem Holmes opened the meeting for the purpose of a public hearing on request for site and building plan and special use permit approval for a 4,400 square foot addition to Garden City Elementary School located at 3501 65th Avenue North at 8:18 p.m. He inquired if there was anyone present who wished to address the Commission, no one appeared to speak, and he entertained a motion to close the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Mickelson and seconded by Commissioner Hilstrom to close the public hearing at 8:18 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 93016 (INDEPENDENT SCHOOL DISTRICT NO. 279) There was a motion by Commissioner Mickelson and seconded by Commissioner Hilstrom to recommend approval of Application No. 93016 submitted by Independent School District No. 279 for site and building plan and special use permit approval for a 4,400 square foot 12-9-93 3 addition to Garden City Elementary School located at 3501 65th Avenue North subject to the following conditions: 1. The 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 and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A Site Performance Agreement shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. The trash enclosure shall contain an opaque wood gate attached to a metal frame rather than a chain link gate with slats. 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. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter around all parking and driving areas shall be deferred until the parking lot facilities at the school are upgraded based upon the school district's plan for scheduled improvements, which shall be accomplished within the next ten years. 8. The applicant shall submit an as -built survey of the property, improvements and service lines, prior to the release of the Performance Agreement. 9. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by and be in compliance with conditions set by the Shingle Creek Watershed Management Commission prior to the issuance of permits for this project. 11. The ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement documents shall be executed and filed with Hennepin County prior to the issuance of permits. 12. Within one year the applicant shall provide an updated landscaping plan consistent with the landscaping enhancements recommended by the Brooklyn Boulevard Task Force. 12-9-93 4 Voting in favor: Chair Pro Tern Holmes, Commissioners Hilstrom, Johnson, Mickelson, Reem and Willson. Voting against: none. The motion passed. There was a brief recess called at 8:30 and the Planning Commission reconvened at 8:46. APPLICATION NO. 93017 (INDEPENDENT SCHOOL DISTRICT NO 279) Chair Pro Tern Holmes introduced the next item of business, a request from Independent School District No. 279 for site and building plan and special use permit approval for a 2,800 square foot addition to Orchard Lane Elementary School located at 6201 Noble Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 93017, attached) and offered to answer any questions. Mr. Hamilton and Mr. Hayes also returned to answer questions. Commissioner Willson asked where the elevator was to be and how much of it will stick up on the roof. Mr. Hayes showed the location of the elevator and explained two feet of the equipment would be visible on the roof, but adequate screening would be provided. Commissioner Holmes asked about asbestos and was told by Mr. Hamilton any asbestos disturbed would be handled with routine proper abatement. Mr. Hayes explained Orchard Lane is the only two story elementary school in District 279 and these changes to the school are needed to provide for updated handicap access and to meet NFPA standards. Commissioner Holmes asked who owns the neighboring property where the pond would go. The Secretary responded it is the Brook Park Baptist Church. He noted the Church and other property in this area would benefit from the addition of the pond as well as the school. Mr. Hayes pointed out some extra landscaping on the site plan that seemed unnecessary to meet requirements. He suggested that particular part of the plan be eliminated and money diverted to meeting the conditions forthcoming from the Brooklyn Boulevard study as mentioned in Planning Commission Application 93016. The Commission agreed that was acceptable and asked Mr. Hayes to submit a revised plan. Commissioner Mickelson suggested the same changes to conditions in Application 93016 be made to Application 93017. PUBLIC HEARING (APPLICATION NO. 93017) Chair Pro Tern Holmes opened the meeting for the purpose of a public hearing on request for site and building plan and special use permit approval for a 2,800 square foot addition to Orchard Lane Elementary School located at 6201 Noble Avenue North at 9:02 p.m. He 12-9-93 5 inquired if there was anyone present who wished to address the Commission, no one appeared to speak, and he entertained a motion to close the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Mickelson and seconded by Commissioner Hilstrom to close the public hearing at 9:02 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 93017 (INDEPENDENT SCHOOL DISTRICT NO. 279) There was a motion by Commissioner Mickelson and seconded by Commissioner Willson to recommend approval of Application No. 93017 submitted by Independent School District No. 279 for site and building plan and special use permit approval for a 2,800 square foot addition to Orchard Lane Elementary School located at 6201 Noble Avenue North subject to the following conditions: 1. The 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 and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A Site Performance Agreement shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. The trash enclosure shall contain an opaque wood gate attached to a metal frame rather than a chain link gate with slats. 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. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter around all parking and driving areas shall be deferred until the parking lot facilities at the school are upgraded based upon the school district's plan for scheduled improvements, which shall be accomplished within the next ten years. 8. The applicant shall submit an as -built survey of the property, improvements and service lines, prior to the release of the Performance Agreement. 9. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 12-9-93 6 10. The storm drainage system shall be approved by and be in compliance with conditions set by the Shingle Creek Watershed Management Commission prior to the issuance of permits for this project. 11. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement documents shall be executed and filed with Hennepin County prior to the issuance of permits. 12. The landscape plan shall be revised to eliminate extra landscaping so that funds will be diverted to providing additional landscaping along Brooklyn Boulevard at the Garden City Elementary School site. Voting in favor: Chair Pro Tern Holmes, Commissioners Hilstrom, Johnson, Mickelson, Reem and Willson. Voting against: none. The motion passed. OTHER BUSINESS a. 1994 Planning Commission Meeting Schedule The Secretary submitted a proposed schedule for Planning Commission meetings in 1994 and explained it was a guideline to go by but changes could be made if necessary. All Commissioners agreed the schedule would work well as a guideline, and no action was necessary. The Secretary gave a brief and informal update on the status of projects that had formerly been before the Planning Commission. ADJOURNMENT Motion by Commissioner Mickelson and seconded by Commissioner Hilstrom to adjourn the meeting of the Planning Commission. The motion passed unani ously. The Planning Commission adjourned at 9:30 p.m. 1 Chairperson Recorded and transcribed by: Kathy Stratton Timesaver Off Site Secretarial 12-9-93 7 PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Application No. 93016 submitted by Independent School District No. 279. Request for site and building plan and special use permit approval for a 4,400 square foot addition to Garden City Elementary located at 3501 65th Avenue North. This application was recommended for approval by the Planning Commission at is December 9, 1993, meeting. The Planning and Zoning Specialist gave details of the application and explained a revised landscaping plan which met and eliminated condition #12 posed by the Planning Commission. He pointed out the School District had requested to be excused from providing curb and gutter improvements immediately because of budget constraints. He stated the Planning Commission recommended approval of this application and explained Mr. Dale Hamilton and Mr. Mark Hayes were present at the meeting to represent School District No. 279 and answer any questions. Councilmember Scott asked if there were plans to improve the Garden City Elementary playground area since it has become very unattractive and mostly filled with cockleburrs. Councilmember Kalligher arrived at the meeting at 7:10 p.m. Mr. Hamilton explained it is his understanding the School District has plans to update numerous playground areas which have recently become a problem due to new ADA and safety requirements which prohibit weed killer and herbicides. Mayor Paulson suggested a gate should be put in the fence in the southwest corner of the school property since children are currently jumping over it there, and Mr. Hamilton said the School District would comply with that request if the City asks them to do so. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve Planning Commission Application No. 93016 submitted by Independent School District No. 279 subject to the following conditions: 1. The 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 and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A Site Performance Agreement shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. The trash enclosure shall contain an opaque wood gate attached to a metal frame rather than a chain link gate with slats. 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. 12/20/93 - 6 - 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter around all parking and driving areas shall be deferred until the parking lot facilities at the school are upgraded based upon the school district's plan for scheduled improvements, which shall be accomplished within the next ten years. 8. The applicant shall submit an as built survey of the property, improvements and service lines, prior to the release of the Performance Agreement. 9. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by and be in compliance with conditions set by the Shingle Creek Watershed Management Commission prior to the issuance of permits for this project. 11. The ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement documents shall be executed and filed with Hennepin County prior to the issuance of permits. The motion passed unanimously. PLANNING COMMISSION ITEMS - CONTINUED The City Manager introduced Planning Commission Application No. 93017 submitted by Independent School District No. 279. Request for site and building plan and special use permit approval for a 2,800 square foot addition to Orchard Lane Elementary School located at 6201 Noble Avenue North. The Planning and Zoning Specialist reported on details of the application including an explanation of a revised landscaping plan and explained the Planning Commission had recommended approval of this application. He explained Mr. Dale Hamilton and Mr. Mark Hayes were present at the meeting to answer any questions. Councilmember Kalligher asked about the 10 years referred to in the conditions for updating of the curb and gutter and commented that seems a little too long of a time frame. The Planning and Zoning specialist responded the school has been there 25 years without curb and gutter and the School District is in the process of considering when these improvements should be made. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve Planning Commission Application No. 93017 submitted by Independent School District No. 279 subject to the following conditions: 1. The 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 and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 12/20/93 - 7 - DEPARTMENT OF PLANNING AND INSPECTION CITY OF BROOKLYN CENTER PERFORMANCE AGREEMENT FILE NO. 93016 This Agreement is entered into by Osseo Area Schools ISD 279 hereinafter called the Developer and the City of Brooklyn Center, a Municipal Corporation, under the laws of the State of Minnesota, hereafter called the City. THE WORK The Developer has received approval of its Development Plans by the City Council of the City (pursuant to City Ordinances), subject to the execution of this Performance Agreement, pursuant to the City Council approval of December 20, 1993 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: Garden City School, 3501 65th 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. The cost of the improvements is estimated to be $70,400.00. COMPLETION DATE The undersigned Developer agrees that the said Work shall be completed in its entirety on or before the 1st day of May, 1995, and no extension of time shall be valid unless 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 the average 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 con. plete hereunder. Notice of the date of Actual Completion shall be given to the Developer by the Director of Community Development of the City. NOTICE The City shall be required to give prior notice to the corporate surety and the Developer of any default hereunder before proceeding toundertake any work for which the City will be reimbursed. 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 hereunder 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 the Developer may not 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 Developer shall promptly pay the City the full cost thereof as aforesaid. 2) Specific Performance. The City may in writing direct 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. PROCEDURES The original and two copies of this Agreement, properly executed, shall be submitted to the City. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement this � day of ,Ana, � 19 q Witness Witness Subscribed and sworn to before me this 111" day of ke-r L 19qy r Zoning Official f R My Commission Exp ies +une 22, 1995 IN x perform.agr