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HomeMy WebLinkAboutPC85013 - 5/9/85 - 56th & Brooklyn BlvdPLANNING COMMISSION FILE CHECKLIST File Purge Date: -?�lys FILE INFORMATION 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 Type Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission s5 City Vault Minutes: City Council -7XZO 5— City Vault Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault CITY OF BROOKLYN CENTER PLANNING COMMI„IGN APPLICATION Application No. 85013 Please Print Clearly or Type Street Location of Property BrooI-,l rn 3!vd Brooklyn Center, Mn. Legal Description of Property 'Tract D, R.L..S. 1-547 Henn. Co, Owner B.C. Industrial Pa-:1 , -nc. ( Purcria;3e Agreern•ent vHDE; NELSON) Address 6100 or n i t D--i ve- No_th B.C. Applicant ruT)r/NF, rnIN, T n r_ Phone No. Address 3229 R ,th 'DTP Mpi s Mn -55i443 Phone No. 4 25-5550 Type of Request: Rezoning Description of Request: Variance Special Use Permit Subdivision Approval Site & Bldg. Plan Approval Other: To conct_'ruct commercial' office b ildinq c-t Site 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 towithdrawal. - WIN - n v, Fee $ 100.11)0 Receipt No. Dates of P.C. Consideration: David Belson, ..p. Applicant's Signature Date: 4!25/85 PLANNING COMMISSION RECOMMENDATION Approved �_ Denied this day of 19 ?,'`� subject to the following conditions: �— lei hai rRdn CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this = day of 19 �r with the fol 1 owi rig amendment: / V Clerk P/I Form No. 18 (over please) o / - 9 0 0 - ,S7& 9 -3-5 � DEPARTMLNT OF PLANNING AND INSPECTION CITY OF BROOKLYN CENTER PERFORMANCE AGREEMENT File No. 85013 This Agreement is entered into by _ Uhde/Nelson, Inc. hereinafter :(Illed 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 May 2.0, 1985 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: 5615 Brooklyn Boulevard 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 August 19 87 , 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 ehcercise 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 i11 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 6e 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 $20,000.00 . 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 ;;,otion 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 `ol l owi ny provi s.l ores which ShIa l ; be deemed to be i ncorpera.ted_an such Financial Guarantee and wade a part thereof. NOTICE The City shall be required to give prior notice to the corporate surely and the Developer of any default hereunder before proceeding to enforce such Financial Gua-antee or before the City undertakes any work for which the City will be reimbursed through t',e Financial Guarantee. 'lithin 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 ;pond by stating in writing the manner in which the default will be cur--,d and the time within which such default will be cured, said time not to exceed 60 days uillpess,,approved by,, -the City. (over please) RI -MI -DIES FOR BRFACH 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 tigineering, legal, planning and litigation expenses, but the enumeration of the remedies here- ,,nder slid] i be in add i Li on to ally other remedies uva i 1 abl e to the City. 1) Completion by the Cif. 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 net 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. Q) 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. PROCEDURES 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. I day of N W ESS WHEREOF, the Developer and the City have executed this Agreement this _ 19 0W Subscribed and sworn to before me this day ofT,19 ) �, ning Officia R/VVVVVVVV­. V. __..___. 1' MARGARET A. DECOWSKI �j' NOTARY PUBLIC— INNESOTA HENNEPIN COUNT! My Commission Expires Aug. 1. 1992 y x P/I Form No. 23 Rev. 6-77 %%%%% NONWOW BANKS ///// II NER IRREVOCABLE LETTER OF CREDIT NO. 342 Dated this 25th day of August, 1986. Amount: $20,000.00 Norwest Bank Maple Grove, N.A. 9353 Highway 169 Maple Grove, Minnesota 55369 6121424-7500 TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430, hereinafter called the City. FROM: Norwest Bank Maple Grove, National Association 9353 Jefferson Highway Maple Grove, MN 55369, hereinafter called the Bank. RE: Uhde/Nelson, Inc. 5615 Brooklyn Boulevard Brooklyn Center, MN 55429, hereinafter called the Developer. The City is a Municipal Corporation under the laws of the State of Minnesota and on the 20t h, May 1985 approved the project called The 5615 Professional Office Center. As a condition of such approval, the City has required the execution by the Developer of a Performance Agreement and has required a Financial Guarantee to insure the construction described in the Performance Agreement No. S5013 The Developer has made application to the Bank for a letter of credit to be used as the Financial Guarantee. The Bank is chartered to conduct business within the State of Minnesota at the address above indicated , and is empowered to issue letters of credit. By the singature of Barbara Toy, Vice President of the Bank endorsed hereon, this document is an irrevocable letter of credit under the uniform Commercial Code, MSAS 336.5. This letter of credit shall remain irrevocable until cancelled by one of the following methods: 1). By appropriate written cancellation executed by proper officials of the City of Brooklyn Center; 2). At any time after the project completion date, the 1st day of March, 1988, the Bank may serve the City by certified mail, its written intention to cancel this letter of credit. Cancellation shall be effective on the 31st day after notice of cancellation is received. Any Documentary Demand for Payment delivered to the Bank within the said 30 day period shall be honored under this letter of credit, regardless of any extensions of time previously granted by the City to the Developer beyond the above named date. Upon delivery by Registered Mail of a Documentary Demand for Payment at the office of the Bank described above, the Bank will, on or before the fourth (4th) business day after such delivery, pay to the City by Registered Return Mail, the amount described in the Documentary Demand for Payment, not to exceed the amount of this letter of credit above stated. The Documentary Demand for Payment shall consist of the following documents: 1). The Performance Agreement signed by the Developer and the City, together with the Minutes of the City Council meeting approving the project. 2). The Inspection Report signed by the Planning Director or the Director of Public Works of the City, detailing the deficiencies in the Developer's performance of the construction work approved as detailed in Exhibit "A". 3). The Minutes of the City Council meeting approving the Inspection Report and ordering completion of the work with the City forces or City contractors and further providing for the collection of the costs thereof from the Bank. 4). Drafts drawn under this credit are to be endorsed hereon and must bear the clause "Drawn under Norwest Bank Maple Grove, N.A. Letter of Credit #342 dated 8-25-86". Any funds received by the City pursuant to this letter of credit shall be used only for the improvements described herein, but including legal, engineering, planning and other administrative costs, if any, incurred by the City in exercising its rights under this letter of credit. Any excess funds remaining on deposit with the City after completing the improvements, after subtracting the legal, engineering, planning and administrative costs, if any, shall be returned to the Bank. The City shall be the sole judge of the work described in this letter of credit. ur truly, arbara Toy Vice President Approved by. ,% H Planning Commission Information Sheet Application No. 85013 Applicant: Uhde/Nelson, Inc. Location: 5600 block of Brooklyn Boulevard Request: Site and Building Plan The applicant requests site and building plan approval to construct a two -storey, 8,900 sq. ft. office building north of the Girl Scout offices (5601) on the west side of the 5600 block of Brooklyn Boulevard. The property in question is zoned Cl and is bounded on the east by the Brooklyn Boulevard frontage road, on the south and west by the Girl Scout offices, and on the north by the Brooklyn Law Center office building. The proposed office use is a permitted use in the C1 zoning district. Access to the site will be from the Brooklyn Boulevard frontage road. Because the site fronts on a service road, the setback and greenstrip requirements are the normal 35' and 15' respectively, rather than the greater requirements for developments adjacent to a major thoroughfare (50' setback and 35' greenstrip). This is because of an ordinance amendment a few years ago which allows for normal setbacks adjacent to major thoroughfares in cases where there are mitigating circumstances such as frontage roads, noise walls, etc. The site plan calls for 44 parking stalls and one proof -of -parking stall west of the building to meet the regular office parking requirement of 45 spaces. One handicapped stall will be placed near the south access to the building. The landscape plan calls for nine (9) deciduous shade trees (Sugar Maple, Red Royal Maple, White Ash) along the south and west perimeter greenstrips. These should be especially effective in providing parking lot shading. Two ornamental trees (Canada Red Cherry, Red Splendor Crab) are scheduled at the southeast corner of the building and another along the west side. A number of evergreen trees (Norway Spruce, Colorado Green Spruce) are proposed in the major green areas to the east and north of the building. Deciduous shrubs (Goldflame Spirea, Redtwigged Dogwood, Purple Leaf Sandcherry) are proposed in clusters within the perimeter greenstrip areas and around the building. A gravel mulch strip is also indicated around most of the building. No area for a trash enclosure has been indicated on the plans. The grading, drainage, and utility plan calls for runoff to drain toward the south side of the site where it will be collected by a single catch basin. That catch basin will be connected to City storm sewer by a private storm sewer line which will run to the southeast corner of the property and then within the Brooklyn Boule- vard right-of-way for 140' to the public storm sewer line. The City Engineer has also noted, in a memo dated May 2, 1985, that, since the property was formerly used for residential purposes, additional utility charges may be required to provide for connection to municipal water and sanitary sewer systems. We recommend a condi- tion requiring the developer to enter into a utility hookup agreement prior to the issuance of permits in the event that such hookup charges are necessary. The building elevations indicate a brick exterior to the building with a two -storey glass atrium area at the south entrance to the building. A basement mechanical room is not counted toward gross floor area so long as it does not extend more than 4' above ground level and is not regular office space. Plan notes indicate that the entire building will be fire sprinklered. Site lighting is provided by four lighting fixtures on 20' high poles, two in the west greenstrip and two in the south greenstrip. Altogether, the plans appear to be in order and approval is recommended subject to at least the following conditions: 5-9-85 -1- Application No. 85013 continued 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 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. 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 site and building plans shall be certified by a registered archi- tect prior to the issuance of building permits. 10. Plan approval acknowledges proof -of -parking for one parallel stall west of the building. The applicant shall agree in writing to install this additional space upon a determination by the City that insufficient parking exists on the site. 5-9-85 -2- APPLICATION NO. 85013 cr 1 / +C-�--^r•+—++ �tt f1-�,• `. .e.....1-}nMYra +9wi7_ ..rr�a � 3 : i^ j $ • a a -- +i �� _ ,yam § ' • .r� its �r� • ixr.PAwTs9 � '�� �K 4 � `� ' 111 a i[11 h I 1 ..T� , 1 � • . _ice. '�_� i 4 • ��n4._..-��ar2- . �--"-"r �� `1-�4- -r '0 Bi : je i,N�`.ai :.:l: .y. � jI--ZO � r;1 j.c•.wl=.d' � sr�+•�l! tl - �� i � `� �.. i�i� • � :l � � ol z ol a _ \ i es•.n I •»I ♦ iil• I I r ti I I I iG 1 y » \\ w♦ is •ns `10 LL�1 � •sin• �1wc i . I 1\ e , � •o' ` ` ( Ili ';♦:-." 1 I � I N•M _ 7 O ' 1 i\ Q \ * Existing Brick Bui/ding � ` � (5601 Brooklyn B/vC) \ \ l s �'� �-NORTHPORT DRIVE SITE PLAN a' au Ldiu r)ATA �aRrN F5UILbIOCj C�Ro55 Sq. PT. 8�00 PAKKIQ(a �5PAGr=S eeo'r-) �4,5 IsP4GP- -Se 200 sq. F r.