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HomeMy WebLinkAbout1971-119 CCR Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -119 RESOLUTION ESTABLISHING A TIME TABLE FOR COMPLETING THE BONDED OBLIGATION AND FORECLOSURE OF SUBDIVISION BOND NO. 37 -5- 46126 -BC RELATED TO PLANNING COMMISSION APPLICATION NO. 66005 SUBMITTED BY TWIN LAKE REALTY (BROOKDALE GARDENS APARTMENTS) WHEREAS, on February 21, 1966, Twin Realty Investment Company requested site and building plan approval for a 310 unit apartment development; and WHEREAS, on May 19, 1966, after reviews on March 3, March 14 and April' 14, 1966, the Planning Commission considered the application at the request of the applicant and action was taken to recommend approval to the City Council; and WHEREAS, on June 6, 1966, the Council tabled the application directing the attorney and administrator to provide answers to certain questions relative to the plans; and WHEREAS, on June 27, 1966, the City Council tabled the application when the applicants increased their land area and requested rezoning for two additional parcels; and WHEREAS, on July 6, 1966, the revised application was submitted to the Planning Commission by Twin Realty and Investment Company requesting site and building plan approval for a 310 unit apartment development; and WHEREAS, on July 19, 1966, the Planning Commission held a public hearing and recommended approval of the revised application; and j WHEREAS, on August 1, 1966, the City Council directed the Administrator and Attorney to draft resolutions authorizing. approval of site and building plans; and WHEREAS, on August 8, 1966, Resolution No. 66 -239 was adopted by the Council, said resolution approving the site and building plans; and WHEREAS, on November 9, 1966, a meeting was held in the (then) Administrator's office with Ralph Martinson and John Abbott representing Dayton Development Co., Maurice Goldman, Harold Siegel, Joseph Michaels and Mr. Bachman, representing Twin Realty Investment Co., and (then) Administrator Donald Poss, (then) City Engineer Charles VanEeckhout, Building Inspector Jean Murphey and (then) Administrative Assistant Richard Cihoski to clarify inconsistencies and misunderstandings regarding the apartment development project; and WHEREAS, on November 15, 1966, a letter from Administrator Donald G. Poss was sent to Messrs. Goldman and Siegel setting forth general, architectural and engineering requirements related to the apartment project as discussed on November and a performance agreement stipulating a bond of $25,000.00; and Resolution No.-71-11,9 WHEREAS, on December 13, 1966 a complaint was filed in Fourth District Judicial Court against Donald G. Poss,Jean Murphey and the (then) Village to litigate a notice of motion in order to show cause for issuance of certificate of occupancy for the development and reduction of the bonding requirement to 8, 000.00; and WHEREAS, on January 9, 1967, the City Council convened as a Board of Appeals and directed the City Manager to draft a resolution setting forth a determination relative to the bond requirement for the development; and WHEREAS, on January 18, 1967 the litigation order to show cause was dis- missed with prejudice by Fourth District Court; and WHEREAS, on January 19, 1967, Resolution No. 67-12 was adopted by the City Council stating that: 1. A 2 5, 00 0.0 0 bond wa s rea sonable; 2. A bond periodof 3 -1/2 years is reasonable and further that the building permit shall not be issued until the requirements of the Council's resolution pertaining to the development requirements set out on the City Manager's letter of November 15, 1966 were met by Twin Realty; and WHEREAS, on October 7, 1969, commensurate with the request of the applicant, inspection was made of the property and it was determined at that time that the requirements of the performance bond had not been met; and WHEREAS, on March 26, 1970, the premises was reinspected and it was determined at that time that the requirements of the performance bond had not been met; and WHEREAS, on August 14, 1970, the property was reinspected and it was determined that the requirements of the performance bond had not been met; and WHEREAS, on May 17, 1971, the property was reinspected and it was determined that the requirements of the performance were not met; and WHEREAS, it is ascertained that the applicant has had sufficient time to perform the site improvements as stipulated by the bond; and WHEREAS, it is ascertained that because of the applicant's unwillingness or inability to perform the required improvements that the City should exercise the option of bond foreclosure within a reasonable period of time: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, County of Hennepin and State of Minnesota, to direct the City Manager and City Attorney to commence foreclosure procedings of Bond No. 37 -5- 46126 -BC on or shortly after August 1, 1971 to accomplish the site improve- ments as guaranteed by the bond relating to the site plan approved by the City Council on August 8, 1966. L� Resolution No. 71 -119 June 14, 1971 Date Mayor ATTEST:-,� The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.