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HomeMy WebLinkAbout1968 02-26 CCM Special Session 107 Minutes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of Minnesota February 26, 1968 The City Council met in special session and was called to order by Mayor Philip Cohen at 8 :05 P.M. Roll Call: Mayor Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard were present. Also present were: D. G. Poss, P. W. Holmlund, Charles Van Eeckhout, Richard Cihoski, Jerry Dulgar and Eugene Hagel. The City Manager provided some background information on the purpose of the meeting. Park and Recreation Director Eugene "Hager introduced members of the Park and Recreation Commission and then proceeded to explain the pro- posed park improvements to the Council. A discussion of the `proposed improve- ments ensued between Councilmen, Commissioners and staff, whereupon the Mayor requested that the Park and Recreation Commission formally adopt and recommend the improvement program. It was further proposed that after additional Council review, the program would be referred to the CIRB for its consideration. The meeting recessed at 9:00 P. M. and resumed at 9 :18 P. M. The City Manager discussed the need for improvement of East and Webt Palmer Lake Parks and the related development of the Palmer Lake basin as a flood control device. He recommended that authorization be extended to retain Brauer and Associates to conduct a study and provide development estimates for the Palmer Lake basin at a cost of $2500.00. The Council and the Park ands Recreation Commission exchanged views on the proposed development study; Motion by Theodore Willard and seconded by Howard Heck that the City Manager be authorized to retain Brauer and Associates to conduct a study of the Palmer Lake area at a cost of $2500.00. Motion carried unanimously. The City Manager discussed a proposed emergency ordinance amending Chapter 35 of the City Ordinances. Member Howard Heck introduced the following emergency ordinance and moved its adoption, provided however, that for the purposes of the minutes of the proceedings of the City Council, the text of the ordinance shall be attached to the minutes and be a part thereof: AN EMERGENCY ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES The motion for the adoption of the foregoing ordinance was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof; Philip Cohen, John Leary, Earl Rydberg, Howard Neck and Theodore Willard, and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Motion by Earl Rydberg and seconded by John Leary to adjourn. Motion carried unanimously. The City Council adjourned at 10:50 P.M. ,F Mayor Clerk -3 - CITY OF BROOKLYN CENTER ORDINANCE NO. 68 AN EMERGENCY ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: PREAMBLE. WHEREAS, prior to August 16, 1965, Section 35 -707 of the City Ordinances provided for site and building plan review of apartment house developments; and WHEREAS, on August 16, 1965, Chapter 35 was amended in such a manner as to create R3, R5 and R7 Multiple Family Residential Zoning Districts with the result that said zoning districts are not covered by the provisions of Section 35 -707; and WHEREAS, the resulting absence of review provisions of site and building plans for multiple dwelling developments in said zoning districts is deemed to endanger the public welfare, it is therefore necessary for the public welfare of the citizens of Brooklyn Center to declare this ordinance an emergency ordinance and adopt it under the procedures set forth in Section 3.06 of the City Charter. Section 2: Chapter 35 of the City Ordinances is hereby amended by the repeal of the following section: ( Section 35 -707 SPECIAL REQUIREMENTS IN BUSINESS AND INDUSTRIAL DISTRICTS. Prior to any construction, the owner or developer shall submit the following to the Planning Commission:) ( 1. Survey drawing by a registered surveyor showing all existing conditions accurately dimensioned.) (2. A complete set of preliminary architectural drawings by a registered architect showing: Site plan(parking layout, landscaping, including trees and planting size, location, species, fences, walls, lighting standards, street furniture and curbs), floor plans, elevations, sections, outline specifications (including materials proposed) and any additional information that is applicable.) t Ordinance No. 68 -7 (Section 35 -707. Continued) ( 3. A performance agreement by a land owner or developer that within a reasonable time to be fixed in the agreement the site improvements will be completed and providing that if such improvements are not completed within the time specified the Village may construct or complete such improvements and assess the cost thereof against the owner. Such agreement may further provide for standards of maintenance of the site improvements and authorizing the Village to provide such maintenance and assess the cost thereof against the owner if the owner fails to provide such maintenance after notice by the Village that he is in violation of such agreement. ) ( 4. A performance bond by the land owner or developer will be required to insure that the improvements set out in the site plan will be con- . structed but such bond shall not be required with respect to provisions of the agreement relating only to the maintenance of such improvements. ) ( 5. The above items shall be submitted at least 10 days prior to the meeting at which the application will be considered by the Planning Commission. ) Section 3: Chapter 35 of the City Ordinances is hereby amended by the addition of the following: Section 35 -707. PLAN APPROVAL, Every person, before commencing the construction or major alteration of a structure, except one and two family dwellings and buildings accessory thereto, shall make application for plan approval from the City Council. Plan approval may be required in coniunction with special use Permit consideration. The following rules shall govern application for plan approval: 1, Procedures (a) A "Plan Approval" application shall be initiated by the affected Property owner or his authorized agent. The applicant shall fill out and submit to the Secretary of the Planning Commission a "Plan AAVroval" application, copies of which are available at the municipal offices, together with a fee of $5.00, The application shall be filed with the Secretary of the Planning Commission at least fourteen (14) days prior to the next regular meeting of the Planning Commission. (b) The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission's next regular meeting; provided, however, that the Secretary may with the approval of the Chairman of the Commission, place the application on the agenda for a special meeting of the Planning Commission. M The Planning Commission shall report its recommendations to the City Council not later than sixty (60) days following the date of referral to the Commission. The date of referral is defined as the date upon which the application 1.1 first considereU BY 7 the Plan i n I Ordinance No. 68-7 ( Section 35 -707. Continued) d The application and recommendation of the Commission shall be placed on the agenda of the City Council within eighteen (18) days followi the recommendation of the Planning Commission, or in the event the Commission has failed to make a recommendation, within seventy-eight (78) days of the date of referral to the Commission, (e) The City Council shall make a final determination of the supplication within forty -eight (48) days of the recommendation by the Planning Commission, or in the event the Commission has failed to make any recommenda- tion, within one hundred and eight (108) days of the date of referral to the Commission, (f) The applicant or his agent shall appear at each meeUm of the Commission and the City Council to answer questions regarding the maps, drawings, plans and to furnish such information as may be required. (g) The Secretary of the Plaw"a Commission, following the Commission's action upon the application, and the City Clerk, following the City Council's action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application. 2. Required Documents Concurrent with filing application for plan approval, the appUcant ahall submit, as required, to the Secretary of the Planning Commission the following documents and information: (a) _ A survey drawing by jL registered land surveyor showing pertinent existing conditions. accurately dimensioned, (b) A ggmplete set oxeliminary architectural drawings prepared by a registered architect showing: (i) A scaled and dimensioned site plan indicating parking layout including access provisions, designation of Possible locations of accessory buildings, landscaping, including trees and shrubbery with indication of species, planting, size and location. (ii) Fences or walls or other screening including height and type, of material, (iii) lighting standards, type and location. (iv) Curbs 3 Ordinance No. 68-7 (Section 35 -707. Continued) (y) Building floor plans, elevations, sections and outline specifications, including materials proposed. (vi) Proposed land elevations, drainage_ provisions, and utility provisions as may be required. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions as deemed necessary to protect the Public interest and to secure compliance with the requirements of the ordinance. The conditions may include the execution and submission of a Performance Acree- ment with a supporting financial guarantee that the subject property will be con- structed and developed in conformance with the plans, specifications and standards. Section 4: This ordinance shall become effective February 27, 1968. Adopted this 26th day of Febr a 968, ATTEST: Mayor erk Effective Date 27, 1968