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HomeMy WebLinkAbout1977 09-13 HCMCall to Order Roll Call Approval of Minutes 5 -10 -77 Home Improvement Grant Program MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 13, 1977 CITY HALL The Brooklyn Center Housing Commission met in regular session and was called to order by Chairman Howard at 7 :35 p.m. Chairman Howard, Commissioners Beikier, Weitzel, Magnuson, Plummer, Duenow and Turner. Also present were Councilman Bill Fignar, Director of Planning and Inspection Blair Tremere, Inspection Aide Laurie Thompson and Administrative Assistant Ronald Warren. Chairman Howard reported that Commissioners Hastings and Haroldson had informed him that they would be late to this evenings meeting. Motion by Commissioner Plummer and seconded by Com- missioner Turner to approve the minutes of the May 10, 1977 Housing Commission meeting as submitted. The motion passed unanimously. Chairman Howard stated that the next item on the agenda is a Planning Commission request for the Housing Commis- sion to review and comment on the affect of a proposed nonresidential development in a residentially zoned area. He further stated that because Commissioners Hastings and Haroldson would be late to this evenings meeting that this agenda item would be deferred until later in the meet- ing so that they could be present for the review and comment Chairman Howard introduced the next item of business on the agenda, that of a report on the Home Improvement Grant Program and the various applications recommended by the Housing Commission for City Council approval. The Secretary proceeded to review the action taken by the City Council on June 6, 1977. He reported that the Council had approved the Housing Commission ranking based on the priority ranking system adopted for the program. He stated that the applications were referred to the Metro HRA and the State Housing Finance Agency for final approval. He briefly reviewed each'of the eight grant applications approved and the improvements to be done and the final cost adjustments. He explained that one application had been received after the Housing Commission had reviewed the home improvement grant applications and had not been ranked. He stated that.the Metro Council had informed the City that there were extra grant monies available for communities which had used their full allocations on the program. He further stated that this application ranked high, using the priority ranking system established, and would have received twelve points had it been reviewed by the Housing Commission in conjunction with the other home improvement grant applications. He stated that this application was referred to the City Council which approved the application and forwarded it on to the Metro HRA and the State Housing Finance Agency. He stated that this application was for wall insulation, residing, installation of new windows and doors, re- placement of gutters, downspouts and fascia, repair to concrete driveway apron and the replacement of a hot water heater. He reported that the total amount of this grant was $4,673. The Secretary concluded his report by stating that a total of $18,312.79 in home improvement grant funds were awarded. A brief discussion ensued relative to the Home Im- provement Grant Program with Inspection Aide Laurie Thompson commenting on the guidelines for the 1977 -78 Home Improvement Grant.Program. She stated that the repayment agreement for the program is changed and is now a seven year agreement rather than the five year agreement contained in the other grant program. She also reported that targeting criteria must now be approved by the State Housing Finance Agency where before such criteria need only be reviewed by the. Housing Commission and finally approved by the City Council. She further reported that there have also been some changes in income adjustment which makes the reporting of income easier for applicants. In re- sponse to an inquiry by Councilman Fignar, she stated that the City had utilized its entire grant allocation under the Home Improvement Grant Program. She also stated that it is intended that the program for the upcoming year get under way within the next few months. The Director of Planning and Inspection stated that it would be appreciated if the Housing Commission would make some suggestions regarding other avenues for publicizing the program so that a larger number of people are aware of the grant program and can take advantage of it. Chairman Howard introduced the next item of business on the agenda, that of a wrap -up report relating to the home renovation workshop conducted last spring by the Housing Commission. Chairman Howaid com- pnmented members of the Housing Commission for their efforts in making the home renovation workshop Home Renovation Work. Approval of Amendments to Bylaws City Council, Advisory and Charter Commission's Joint Meeting a success. He also extended his appreciation to Brooklyn Center Community Education for their cooperation in providing a place to hold the event. He stated that Judy Labon-of NSP's Consumer Affairs Department had tabulated the comment sheets that were filled out at each of the workshop sessions. He briefly reviewed the results of the comment sheets and stated that most indicated that the workshops were a success. He stated that this information would be made available to Commission mem- bers, Brooklyn Center Community Education and the City Council. Chairman Howard reported that Judy Labon is no longer in the same position with NSP and will be not be available to assist in putting on future workshops with NSP. He pointed out that NSP is still willing to cooperate in putting on such workshops in the future. Councilman Fignar stated that he felt that it might be more beneficial to conduct workshops every other year rather than on a annual basis. Chairman Howard suggested that the Housing Commission consider developing various housing classes which could be put on in conjunction with the Community Education Program at Brooklyn Center High School. The Secretary introduced the next item of business on the agenda, that of consideration of various amendments to the Housing Commission bylaws. He stated that copies of the proposed changes to the bylaws were distributed to members of the Housing Commission at the last Com- mission meeting. He briefly reviewed the various house- keeping changes and commented that the present Housing Commission bylaws provide that Commission bylaws may be amended by a 2/3 vote of the Commission provided the proposed amendments are presented to the Commission ten days in advance of the action. A brief discussion ensued relative to the amendments to the Housing Com- mission bylaws. Following the discussion, there was a motion by Commis- sioner Plummer and seconded by Commissioner Magnuson to approve the amendments to the Housing Commission bylaws as submitted. The motion passed unanimously. Chairman Howard introduced the next item of business on the agenda, that of a review of the joint City Council, Advisory and Charter Commission meeting held on August 15, 1977 in the City Hall Council Chambers. He stated that this special meeting was called to discuss and review the Open Meeting Law, the State Critical Area Planning Act which affects the Mississippi River Corridor, the 1976 Metropolitan Land Planning Act and the role, of Advisory Commission's in this process. The Secretary reported that the first portion of the meeting involved a review of the Open Meeting Law and the requirements for local government and that Mr. David Graven, an attorney with the law firm of Holmes, Kircher and Graven gave a presentation relating to the Open Meeting Law and its effect on the City Council, Advisory and Charter Commissions. He briefly reviewed an outline presented by Mr. Graven at the meeting and commented on various aspects of the Open Meeting Law. He slated that the Housing Commission should be well aware that the Open Meeting Law applies to this body and that all meetings of the Housing Commission should be open to the public and that adequate public notice should be given. He stated that the Commission's agenda is the official notice for all Housing Com- mission meetings and that attempts will be made to notify the press prior to Housing Commission meet- ings and also to post notice of the meeting on the City Hall message board. He explained that a meeting is broadly defined and, according to the Attorney General, it is a gathering of two or more mem- bers of a public body at which public business is dis- cussed. He pointed out that special subcommittee meetings of the Housing Commission are public meetings and should be held in accordance with Open Meeting Law provisions. He suggested that when subcommittee meetings are held that the Commission contact the Secretary so that notice for these meetings can be provided. He added that Mr. Graven had also stated that the facilities used for public meetings should be accessible, as much as possible, to the general public and that by -and -large private homes are bad places to hold meetings. He also commented on the con- sequences of violating the Minnesota Open Meeting Law such as a $100 civil penalty for each violation of the law and the forfeiture of office for any three un- related violations of the law. The Secretary reported that the second half of the August 15, 1977 meeting was devoted to a presentation relating to the procedures for reviewing'and revising the City's Comprehensive Plan and the development of a current plan in conjunction with recent State planning legislation. He stated that the Mandatory Planning Act requires all local government units, including cities, towns, townships, school districts, etc., in the Metropolitan area to prepare comprehensive plans that are consistent with the Metropolitan Council's Plans and Policies within the next three years. He 9 -13 -77 -4- Recess Planning Commission Request for Comment on Jesus People Church Proposal explained that the new plan will to a significant extent represent an updating and revision of the City's current comprehensive plan but that there are several areas which must be included in the new plan such as environment€l protection elements, housing elements, a public facilities plan, a capital improvements program, and an implementa- tion program. He further explained that advisory commis- sions will be called upon during the next few years to review and recommend elements of the master comprehen- sive plan in areas relating to their advisory capacity. He pointed out that the Housing Commission will be reviewing the housing element of the comprehensive plan in conjunc- tion with this entire process. A brief discussion ensued relative to the Secretary's report and the joint meeting. The Brooklyn Center Housing Commission recessed at 8:12 p.m. and resumed at 8:35 p.m. Chairman Howard introduced the next item of business, that of a request by the PlanningCommission for the Housing Commission to reviewand comment on the affect a proposed nonresidential development in a residentially zoned area would have on the City's housing needs. He explained that the Planning Commission, at its August 25, 1977 meeting, had reviewed Planning Commission Applica- tion No. 77044 submitted by the Jesus People Church, which is a request for a special use permit and site and building plan approval for a proposed church on an approximate 20 acre tract which Is zoned R -3 and lies North of I-94, South of Shingle Creek Parkway, between old and new Xerxes Avenue North. He stated that, follow- ing a review of the application and a public hearing, the Planning Commission had tabled further consideration of the application and had requested the Housing Commission to comment on'the housing concerns relative to this application. He stated that specifically the Housing Commission is requested to review the effect the proposed development of the 20 acre site would have upon the City's housing needs. He further stated that the property is zoned R -3 (townhouse garden apartments; planned residen- tial development) and could support approximately 160 attached dwelling units. He explained that the Director of Planning and Inspection, who also serves as Secretary to the Planning Commission, is present this evening to review the application with the Housing Commission. Chairman Howard recognized the Director of Planning and Inspection who proceeded to review a transparency showing the location and configuration of the property in question. -5- 9 -13 -77 He stated that churches and schools are specifically listed in the City's zoning ordinance as special uses in the R -1 (single family and two family) zoning districts and that the R -3 zoning district, which includes this property, provides for noncommerical uses required for the public welfare in an R -3 district, as determined by the City Council He explained that a specific finding must be made by the Planning Commission and by the City Council that the proposal represents a noncommercial use required for the public welfare in this zoning district, based upon a variety of considera- tions including the merits of the proposal, the nature of the permitted uses in the zone which are townhouse garden apartments and attached single family dwellings and the impact of the proposed development. The Director of Planning and Inspection reported that the City's Comprehensive Plan for the Northwest neigh- borhood states that the City should promote the devel- opment of single family attached housing on this site, and that single family group housing should be en couraged due to the general lack of suitable sites for such housing, and also because of the stated goal to provide a wide range of housing choice at different price levels. He explained that a specific finding should be made in the form of an amendment to the Com- prehensive Plan to the effect that the proposed special use is deemed to be an appropriate alternative to the single family attached housing. He added that this finding would have to be concurrent with the finding that the proposal was deemed to be a noncommerical use required for the public welfare in an R -3 district. The Director of Planning and Inspection stated that given the fact that the Comprehensive Plan says that this parcel of land should be reserved for housing, particularly single family attached housing, and is designated as such and also given the fact that approximately 160 attached single family units could be developed on this parcel of land the Planning Commission has asked the Housing Commission to comment on the possible con sequences of permitting this parcel to be used for develop- ment other than what is called for by the Comprehensive Plan. He explained that the Planning Commission had also referred another element of its review of this appli- cation to the Northwest. Neighborhood Advisory Group, that being the matter of an amendment to the Compre- hensive Plan for their review and comment. Following the Director of Planning and Inspection's re- view, a lengthy discussion ensued relative to the Plan- ning Commission's request. 'Commissioner Plummer inquired as to when this parcel had been zoned R-3. The Director of Planning and Inspection responded that the present zoning ordinance was established in 1968 while the City's Comprehensive Plan was established in 1966 and the property was zoned based on the recommenda- tions made in the Comprehensive Plan. He pointed out that since that time there have been no housing proposals for the property in question. Commissioner Duenow referred to the fact that if this property was used for the development of a church it would be tax exempt property and inquired as to what effect this would have on the City's tax revenue. The Director of Planning and Inspection responded that it is difficult to determine what the effect would be on tax revenues due to a variety of factors which would have an effect on it. He explained that the City Assessor had prepared a memorandum relating to this parcel and the tax ramifications of the proposal. He stated that the City Assessor states that the present value of the property, without any develop- ment, is $233,900 and that the City's share of the property taxes on that land amounts to $1,593. He explained that the Assessor estimates that with 160 platted lots on that property, based on today's value, the property would be worth approximately $800,000 and that the City's tax revenue from that property would be approximately $5,448. He further stated that if the property was developed with townhouses valued at approximately $40,000 each, the Assessor estimates the value of the property to be worth $6,400,000 and that the City's tax revenue from that property would be approximately $27,552. He pointed out that the Assessor has stated in his memo that it is doubtful that a residential development of over $6,000,000 in value would take place at this location in the near future but that the long range implications of the property going tax exempt are there. He also pointed out that this is one aspect of the proposal that the City Council must take into consideration when reviewing the application and added that for purposes of the Housing Commision's review the Planning Commission has requested the Housing Commission look specifically at the proposals affect in terms of not having a potential 160 housing units available for future development. Commissioner Plummer inquired if the parcel could be developed for single family detached housing. The Director of Planning and Inspection responded that this would require a down zoning of the property and various streets would be required for such a development. Commissioner Hastings arrived at 8:45 p.m. The Director of Planning and Inspection also pointed out that the City's Comprehensive Plan recommends that this -7- 9- 13 -77 property be used for single family attached dwelling units. Commissioner Plummer further inquired a to the amount of available land in Brooklyn Center for housing, other than that land designated for high -rise apartments. The Director of Planning and Inspection responded by re- viewing a land -use map of Brooklyn Center and stating that there are very few areas remaining in the City that are designated for future residential development. He pointed out that there are less than 150 single family building sites available and that the bulk of the developable property, regardless of designation, is in the Brooklyn Center Industrial Park. Further discussion ensued relative to the amount of available residential property in Brooklyn Center. Councilman Fignar stated that he felt it was important for the Housing Commission to have an idea of the amount of residential units that could be developed in Brooklyn Center in the future. The Director of Planning and Inspection stated that approximately 99% of all residential land available in Brooklyn Center is already developed and that the remaining residential property has a potential for no more than approximately 1,800 residential units. Chairman Howard stated that a public hearing on this matter had not been scheduled but he noted that there are a number of persons in attendance that wish to speak regarding the proposed development. He pointed out that the Housing Commission is an advisory commission and that it has been requested to address a specific element of this application and will be making comments regarding the effect this proposal has on housing in Brooklyn Center for the Planning Commission's review of the application. Chairman Howard recognized Mr. Robert Spies, Chairman of the Brooklyn Center Board of Education, Independent School District #286. Mr. Spies stated that the pro- posed development would have a significant impact on the community and specifically the school district. He explained that the school board is not in favor of the proposal because of the negative affect this proposal would` have on the school district in terms of more tax exempt property and the need in the school for more residentially zoned property because of an acute housing shortage. He stated that the boar supports the present City's Comprehensive Plan and feels it should be adhered to. Mr. Spies explained that the potential 9 -13 -77 -8- 160 residential units which could be developed on this property and would not be developed if the proposal is accepted is very important to to the Brooklyn Center school district because of declining enrollment and the lack of available housing. He stated that presently there is a lack of residential zoned property within the school district and that with the completion of I -94 approximately 39 homes within the school district will be removed. He stated this will have a significant affect on the number.of students attending schools within the district and also the affect of a reduction in the tax base for the school district. He explained that presently the school district contains a high percentage of tax exempt property and that the transferring of an additional 20 acres of taxable prop- erty into the tax exempt status will place a greater tax burden on residents of the school district. He further explained that for these reasons the school district is not in favor of the proposed special use. In response to an inquiry by Commissioner Plummer Mr. Spies stated that presently the tax exempt property in the Brooklyn Center school district includes a great portion of the freeway system, the proposed county library, the city garage and civic center complex, Shingle Creek Towers, the MTC garage and a number of other churches which are all tax exempt. Mr. Spies concluded his presentation by stating that the Brooklyn Center school board at its September 12, 1977 board meeting had adopted a resolution expressing its support for the present City Comprehensive Plan, the need for residentially zoned property, and the negative affect more tax exempt property would have on the school district. He pointed out that the school board, through this resolution, is not objecting to the type of use proposed, but rather is expressing its opposition to the proposal based on these considerations. Chairman Howard then recognized Mr. Dick Grones, representing Brooklyn Center Industrial Park, the owner of the property. Mr. Grones stated that the property in question has been zoned R -3 for approximately ten years and that no one in that time has asked to purchase it for residential development. He explained that there is also an R -3 site located just Northwest of the site in question that had been developed with townhouses and that it had, for all.intents and purposes, been a failure. He stated that townhouses do not attract families and in this regard would not be of much help to the school district in filling classrooms which might alleviate the school districts declining enrollment. He further stated that there had been a proposal approximately one year ago to rezone this property from R -3 to I -1 but, because of neighborhood opposition, the property was not rezoned. Commissioner Harnldson arrived at 9 :15 p.m. Mr. Grones stated that Brooklyn Center Industrial Park has had problems in developing this land and pointed out that presently they pay taxes on property which they are having difficulty selling because of its location. He pointed out that the Jesus People Church is willing to do almost anything to make this property more conducive to the surrounding neigh- borhood such as buffering, screening and even providing a roadway or walkway through the prop- erty. Mr. Grones further stated that he did not feel that this property would ever be developed as resi- dential property primarily because of its location which is adjacent to the freeway and the industrial park. He stated that the church would provide an adequate buffer between the industrially zoned property to the East and the residential property to the West of the proposed site and that it would also expedite the full development of the remaining land around the parcel. He stated that the church would draw approx- imately 4,000 people to the community and that these people would be an asset W the community by patronizing City businesses and that many would likely locate in Brooklyn Center. Mr. Grones explained that this parcel, if not developed as proposed by the Jesus People Church, will, in all likelihood, remain undeveloped for a number of years and that he doubted the desirebility of developing this property as residential. He stated that the prop- erty does not contain the amenities that are conducive to residential development stating that it is flat, close to the freeway, no trees or hills on the property, all factors which are detracting to residential development. He also stated that if townhouses were developed on the property it would, in all likelihood, create numerous police problems because of parties and other types of activities which would take place. He added that he felt the church development would be a benefit to the surrounding area. Mr. Grones recommended a favor- able consideration for the development. Commissioner Magnuson stated that he could sympathize somewhat with BCIP's concern for paying taxes on un- developed property. He added that he disagrees with some of the characterizations made by Mr. Grones relating to the undesirability of townhouse type develop ments. He stated that he lives just south of the Creek Villa Townhouse project and that the majority of the people living in that project are not single and in a number of cases they are families with children. He added that no appreciable noise or problems eminate from this area. Commissioner Plummer questioned Mr. Grones as to the availability of other suitable property for the Jesus People Church in the Industrial Park. Mr. Grones responded that there really is no other suitable property in the Industrial Park for this type of use. Chairman Howard then recognized a representative of the Jesus People Church who stated that it is not their intent to have an adverse effect on tax revenue or the City's housing needs. He explained that one reason why the church had chosen the proposed location is because it is close to the freeway. He stated that the day of the neigh- borhood church is past and that the location of the parcel is a plus in that the church will be easily accessible to its congregation. He added that he felt the development of the church would also be an enhancement to the neighborhood and would provide a good transition area between the industrial property and the residential property. He further stated that the Church's congregation is made up of a number of young families that will be coming into the community for church services and suggested that the taxes that might be lost to the City might be offset by the business generated by the people trading in the area. He also pointed out that a number of church members will be interested in moving close to the church and very well could locate in Brooklyn Center. Chairman Howard again recognized Mr. Spies who stated that housing goes through various cycles and that because of the current prices of houses, people will be looking more to townhouses than they have in the past. He stated that if this land is developed for other than a housing use, it will have been lost and not utilized for the purposes intended. He added that he felt that this property could be developed for housing in the future. Following further discussion, Chairman Howard requested each of the Commissioners to comment and express their opinions regarding the affect this proposal would have on the City's housing needs. He stated that the Commission, within the past few years, has looked at housing problems in the area and is well aware of the housing crunch ex- pected in the 1980's. He stated that the Housing Commis- sion, as an advisory commission, has not concerned itself with the problems of tax revenue from available property nor the financial concerns of various developers and has not been requested by the Planning Commission to comment on these various aspects but rather to comment on the impact the potential loss of this designated residential area will have on the City's future housing needs. He stated that this is the point that the Com- mission should focus its comments on. Councilman Fignar concurred with Chairman Howard's comments and stated that it is estimated that there is a potential for 1,800 housing units in the City. He suggested that the Commission look at the fact that this proposal would reduce this number of potential housing units by approximately 160 and comment as to whether or not they feel this is in the best interests of the City in terms of providing. housing for future needs. Commissioner Beikler stated that it is difficult at this time to comment without more information relating to City and Metropolitan housing needs for the future. Commissioner Haroldson stated that he cannot foresee the property in question being developed for residen- tial uses primarily because it is close to the freeway and the Industrial Park. Commissioner Duenow stated that she felt there is a critical housing shortage in the Metropolitan area and that the land available in Brooklyn Center for potential housing units is limited. She added that she feels it is important that these designated areas remain for potential housing development. She explained that the benefits to the community of this proposal, as explained this evening do not seem to override her concerns for retaining property designated for residen- tial development. She pointed out that she attends a church in another community but does not frequent businesses in that community when she attends church services. Commissioner Weitzel commented that in light of the shortage of potential residential property in the City she does not support utilizing this property for other than residential development. Commissioner Hastings stated that she is concerned regarding the future housing needs for the City as well as the Metropolitan area. She stated that she is skeptical about losing potential housing units to another type of development and the effect this would have on future housing needs. She wondered what affect this would have on Metro Council housing pol- icies and guides for the Metropolitan area. 9 -13 -77 -12- Commissioner Turner stated that there seems to be an overabundance of tax exempt property in the Metropolitan area. He stated that he felt the use of 20 acres for this proposal was out of line in terms of the need for future housing. Commissioner Magnuson stated that he feels the City has a responsibility to retain as much of the residentially zoned property in the City as possible for future residential purposes. He added that there is always pressure by developers to upgrade zoning for higher uses. He further stated that he felt the Housing Commission should recom- mend against this proposal in terms of housing needs. Commissioner Plummer agreed with Commissioner Magnuson and added that the Metropolitan Land Planning Act, which contains a housing element, calls for the creation of a Metropolitan Urban Service Area. She pointed out that outside this Metropolitan Urban Service Area sewer and water lines will not be run. She pointed out that this policy will have the effect of creating a greater need for housing in the Metropolitan area and that the potential for developing previously undeveloped residential property will be greater. She stated that she favors retaining this property as residential to meet future housing needs. Chairman Howard commented that the Housing Commission, within the last four years, has heard a number of speakers talk about future housing needs. He stated that although these speakers have differed somewhat in the methods they propose for addressing. future housing needs, they all agree that there will be a critical housing shortage in the future. He further stated that he feels housing is a serious problem and that it is important to retain the present housing stock and also be concerned about future housing development. He added that from a housing standpoint he did not feel it would be beneficial to the City to utilize the property in question for other than the purpose it was intended, that being residential development. Further discussion ensued relative to the Planning Com- mission's request for review and comment on the proposal. Chairman Howard inquired if members of the Commission had more comments they wished to make regarding the subject. There being none, Chairman Howard stated that minutes of this meeting would be available for the Planning Commission's review. on by Commissioner Ila stings and seconded Gctamissioner Nittgnuson to adiourn the meeting oti he motion pas %inanirnovsly The Brooklyn Center sed lousing Commission adjourIed at 10-.00 p.m. Chairman Adiournm