HomeMy WebLinkAbout1967-012 CCR Member Gordon Erickson introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67 -12
RESOLUTION REGARDING AN APPEAL FROM THE RULING
OF THE BUILDING INSPECTOR IN REFERENCE TO AN
APARTMENT DEVELOPMENT TO BE DEVELOPED BY TWIN
REALTY INVESTMENT COMPANY INCORPORATED
WHEREAS, in Application No. 66005, dated February 21, 1966, the
applicants, Twin Realty Investment Company, requested approval of the site
and building plans of an apartment development, and approval of a variance
to the density requirements of the Zoning Ordinance as it relates to apart-
ment developments, both for the (approximately) 17.35 acres of property
lying in the northwest quadrant of the intersection of Highways 100 and
152; and
WHEREAS, subsequent to public hearings on the Application before the
Planning Commission on March 3rd, April 14th and April 28th, and before the
(then) Village Council on June 6th, 1966, the applicants increased the land
area contained within the proposed development by the addition of three
parcels, two of which were zoned incorrectly for the proposed apartment
use; and
WHEREAS, as a result of the addition of these three parcels, changes
were necessitated in the plans previously submitted, as well as a request
for rezoning of two of the parcels to the proper zone for the proposed use,
hence a revision to Application No. 66005 to this effect dated June 27th,
thereafter referred to as Application No. 66005 (revised); and
WHEREAS, as a result of this revision of the initial application, the
request was referred back to the Planning Commission for its comments at its
July 19th meeting, at which meeting the Commission recommended approval
of the requests contained therein; and
WHEREAS, on August 1st and August 8th, the Council granted approvals
to Application No. 66005 (amended) as contained in Resolutions numbered 66 -237,
66 -238 and 66 -239, with a further approval granted to the lighting plan of the
proposed development by Resolution No. 66 -275 on September 26th; and
WHEREAS, the Administrative Staff of the (then) Village proceeded to
work with the developers to comply with the requirements set out in the Council's
approvals, and with the requirements of the ordinances of BrooklynCenter; and
WHEREAS, due to apparent misunderstandings on the part of Twin Realty
Investment Co. in regard to those requirements necessary to be accomplished
prior to the issuance of building permits, the Administrator, Donald Poss, held
a meeting in his office on November 9th with the principals of Twin Realty and
other interested parties, following up this meeting with a letter of November 15th
Resolution No. 67 -12
(exhibit "A" attached), stating what items were to be submitted to the
Village prior to the issuance of building permits; and
WHEREAS, various telephone and written communications were made
by the principals of Twin Realty and their agents to Mr. Poss, requesting
various alterations to the requirements set forth in his letter of November 15th,
whereupon Mr. Poss sent a letter of November 30th, confirming the require-
ments contained in that letter; and
WHEREAS, the principals of Twin Realty, Mr. Harold Siegel and Mr.
Maurice Goldman, did cause to have served on Donald Poss, Administrator;
and George Murphy (sic), Building Inspector; a series of legal documents filed
with the District Court of the Fourth Judicial District consisting of an Order to
Show Cause, a Notice of Motion, a Summons, a Complaint, and an Affidavit
by the plaintiffs, the substance of such documents being an appeal to the
court claiming that the above- described defendants were being: "arbitrary,
unreasonable and unconscionable were "requiring many facts in excess of
those .usual to the building trades"; did "arbitrarily, capriciously, and will-
fully harrass Plaintiffs by demanding unreasonable and expensive requirements";
are "arbitrary, high- handed, and non cooperative have been "contacted by
local pressure groups and are responding to their influence without regard to
the laws "have consistently had to be sued by other parties before issuing
building permits"; and other similar charges; and
WHEREAS, the plaintiffs were made aware of the fact that they had not
exhausted the final administrative remedy available to them prior to their filing
of an appeal with the District Court, that being an appeal to the (Village) City
Council sitting as a Board of Appeals, and when made aware of such a procedure,
did ask to be placed on the Agenda of the Appeals Board, said request being
acknowledged by Mr. Poss, with the date of the Appeal set for January 9th, 1967;
and
WHEREAS, the City Council of the City of Brooklyn Center, sitting as a
Board of Appeals in the matter of Twin Realty Investment Company's appeal from
the rulings of the Building Inspector as to the requirements of City Ordinances
to be met prior to the issuance of a building permit, has reviewed all documents
in relation to the processing and approval of the requests of Twin Realty, and in
particular the letter of requirements dated November 15, 1966; and
WHEREAS, Harold Siegel reviewed Twin Realty's contention that they had
agreed to many requirements which were not necessary and were unfairly being
required of them, but that in an effort to limit the appeal to two items i.e.
(1) the amount of the development bond, which was initially set at $25,000.00
to be reduced to $10,000.00; (2) extending the duration of the bond from three
years to three and one -half years Mr. Siegel specifically withdrew and waived
any appeal from any other requirements as set forth in said letter of November 15,
1966, Mr. Siegel further stating that most of the requirements had already been
met, or would be met in the near future; and
r
Resolution No. 67 -12
WHEREAS, in answer to questions regarding allegations made in the
legal action commenced prior to Twin Realty's exhaustion of administrative
remedies, Mr. Siegel publicly apologized to the City Manager and City Council;
and
WHEREAS the City g Manager explained that he determined that the amount
p
of the development bond should be approximately 30% of the estimated cost of
the on -site improvements agreed to by Twin Realty;
I
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center sitting as a Board of Appeals as follows:
1. The Council finds that the bonding amount of $25, 000.00
to insure the completion of on -site improvements is reasonable
and proper;
2. The Council finds that an increase in the length of the bonding
period from three years to three and one -half years is reasonable
and proper;
BE IT FURTHER RESOLVED that building permits shall not be issued
until the requirements set forth in the Council's resolution pertaining to
this development and the requirements set out in Mr. Poss' letter of November
15, 1966, are met by Twin Realty.
January 17, 1967
Date #am ayor
ATTEST•
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member Howard Heck, and upon vote being taken thereon the following
voted in favor thereof: Philip Cohen, John Leary, Howard Heck, Gordon
Erickson and Theodore Willard,
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
EXHIBIT "A"
RESOLUTION NO. 67-12
15 1866
November
14ssrs. Maurice Goldman
and iiaruW Siegal
Twin Realty Investment Co.
Midland Banc Building
Mismeapol i s, A#inne gota
Res Apartment development pro
posed by Twin Realty at the
intersection of Hwy *100 and
#152 in Brooklyn Center
Gent l emon s
The following were in attendance at the meeting hold in aey
office can November 9th for s discusa ion (f th,.r above described
d*ve low ent
Layton D eRvalcprent Co. a Alph Martinson and Jon Abbctt
Twin Realty Investment Co. Maurica Goldtran, Harold
Siegal, Joseph Michaels
(a rchitect), Mr. Buchanan
(isuchman Plumbing)
Vi' 2.age `taff Donald pc ss, daainistrator; Charles Ilan
ueckhcut, grgineert Dale Hamilton, Aass't.
Engineert lean Murphey, Building Ifaspectort
Richard Cihc:q�ci, Administrative Assistant.
The purpose of the meeting was to draw together this principals
involved in the deve1 poem to eliminate any misunderstanding
which might be present ur might develop in the future regarding
the apartr nt prt'a; act. This totter, I hope, will further define
these areas cf misunderstanding and ,set out those things the
village must have ;jefore building permits can be issued for
cc natruction.
Twin Realty Investmwnt 43- November 15, 1%6
�__._AI.. remento l
1) platting of the property a plat has been submitted,
and is lasing processed according to Village Ordinances
a $26.00 platting tee is yet requirsdt
2) submission of a performance agreement and performance
bond guaranteeing the development of certain improvements
contained in site plans approved by the Village Council
these agreesmats will be prepared by the villa"?
3) soil boring log, soil analysis and sufficient evidence
to *bow that the soil will support a unit loading of
2 000 pounds per square toot the borings should be
wade and certified by a registered civil engineer;
4) in the evert that soil conditions require substantial
(as determined by the building inspector) relocation
of buildings, the owner shall submit copies of a
certified survey showing the relocated buildings,
parking areas, and all accessory uses, accurately
dimensionedy
S) sewer, water, and store drainage systems prepared by a
registered civil engineer and approved by the Village
dnginaer (described further below)t
6) submission to the wilding Inspector of separate
suitable building plans (mechanical, structural, electrical
described further below).
It is assumed by the Village that since the architect in
this case is not assuming a role of overseer, the necessary
information will be tranasitted•betwen those persons involved,
(such as soil borings to both the civil engineer and the
architect) so that the various plans harmonize with one another.
Assuming that there will be this intercommunication, the following
comments are made to aid the architect and engineer in revising
the plans already submitted to make them suitable to the Village.
j► rehiteaturs ,�,,,,�p�u3te�rs�ts,�
1) mechanical plans for plumbing, electric, heating, air
conditioning and incinerationt
2) foundation plan, basement floor plan, first floor plan,
elevation plans, etc. for each building there are too
many dbances for misunderstanding There the separate
buildings are connected with links or where the buildings
are made up of separate componentst
3) the level of the basement floor shall be three feet above
the level of the ground water table or protected by an
approved subs- drainage systems
Twill Realty Investment --3- November 15. 1%6
4) detailed plans for the laundry and utility roves must
be submitted the reason for this is that the approval
of the Tillage Council required that each building must
have a Utility room, and the space indicated on the
plans appears insuffieientt
S) ceiling height should be at least 8 feet to provide
for 2" x I0" window and door headers and 2 2 x 4"
top plates for lateral stability (refer to Sec. 2508 -8.
of the UBC)3
6) plumbing access doors cannot be located in any corridor
or party wall, as the fire resistive rating and the
sound transmission value would be lost in each instancef
7) barony and door canopy details are not comprehensive
and therefore must be revisedf
8) detailed plans of the incinerator must be submitted.
The stating of these specific requirements shall not preclude
the Building Official from requiring the correction of errors in
the plans of from preventing construction being carried on there-
under when in violation of the building code or any other ordinance
of the Village of Brooklyn Center.
Jpq� neori rfi &q,M}i, ro mentIL
They registered engineer who is to prepare the utility plans
for the apartment development should maintain a line of comueuni-
cation with the Village Engineer relative to water main siting,
dimensioning, valving, fitting details, hydrants, sizing of
individual service lines, and stability of the soil on water main
alignment. in addition, the sanitary sewer plans should reflect
profiles, dimensions, and grades of all lines. related to the
location and elevation of the buildings to be served. A storm
drainage system should be developed on a plan- profile basis which
will adequately drain the site.
Enclosed are three copies of a performance agreement which
will be entered into by Twin Realty. The obligations referred to
in the agreement will be the paving of parking and driving areas,
landscaping, installation of trees and other types of vegetation
in accordance with your planting schedule previously submitted,
installation of utilities, installation of screening and buffer
devices ligbting, and other items contained on the approved
plans. The amount of the bond or cash escrow which vre propose
to guarantee these improvements is $25,000.
Twin Realty ianrr+nts t -4- ttovember 1'i, 1%6
mclosed also for your review are copies of the tesolutiops
adopted by the villa" Comwil in regard to past retests of
Twin Realty*
if the principals of Twin Realty, its architecat# Engineer,
or other contracted personnel have questions which the Village
staff am anmmr, we mid be post happy to do so.
Respeotfull
f
Donald 0, Poem
Administrator
PXRFORMANCZ AGRZWMMT
This agreement entered into by
first party, to the Village of Brooklyn Center, a municipal corporation
under the laws of the State of Minnesota, second party, as follows,
to wit:
The Council of the Village of Brooklyn Center having approved,
pursuant to Section 35 --707 of the Village ordinances, the site plans
for property owned by the first party, its heirs, assigns and successors,
subject to the execution of this performance agreement, in consideration
of such approval, first party ages covenant and agree to perform the
following obligations:
Paving of parking snd driving &roast landscaping and
installation of trees and other types of vegetations
installation of screening and buffer devicest lighting
installations and other items contained in the plans
approved by the village Council on August 8 and Sep-
temb 26, 1966, and installation of utilities to
service the development.
First party agrees that the performance obligations shall be com-
plated in entirety within three (3) years of the execution date of this
agreement. First party further understands that such approval is subject
to the furnishing of a "performance bond" or "cash escrow" determined
by the Villager Administrator in the amount of $25,000 to guarantee .first
parties' performance of the foregoing obligations, which amount shall be
forfeited to the Village of Brooklyn Center in event of first parties'
failure to perform the foregoing obligations.
The first party further agrees that in the event the Village is
required to enforce the obligations of this agreement by legal action,
the first party shall reimburse the second party for the legal fees
actually incurred in said legal action, wbich shall also be covered by
the above described bond.
F U Ate? Page Z
A copy of this undertaking shall be attached to the oorporato
surety band and reference to this undertaking shall be made in such
bond, so that no corporate surety shall assert as a defense any lack
of reference in the bond to these undertakings.
Wherefore, the undersigned first party have not their hand this
day of
Witness
wi.tnoss