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HomeMy WebLinkAbout1979 09-10 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA i REGULAR SESSION SEPTEMBER 10, 1979 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka and Celia Scott. Also present was City Manager Gerald Splinter, City Attorney Richard Schieffer, Director of Planning and Inspection Ron Warren, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Superintendent of Engineering James Noska, and Administrative Assistants Brad Hoffman and Tom Bublitz. Mayor Nyquist noted that Councilmember Tony Kuefler was ill and was excused. Mayor Nyquist also noted that Councilmember Bill Fignar had indicated that he would be late but would be in attandance at: the meeting. Mayor Nyquist noted that a quorum was present and that it be so noted in the minutes. INVOCATION The invocation was offered by Mayor Nyquist. APPROVAL OF MINUTES — AUGUST 27, 1979 Mayor Nyquist noted several corrections to be made in the August 27, 1979 City Council minutes. On page three, the third sentence in the fourth paragraph is to be stricken from the minutes. On page eight in the seventh paragraph, Councilmember Lhotka's name is to be stricken from the minutes since he was not in attendance at the meeting. On page eight, the last two sentences in the sixth paragraph should read as follows: "The Director of Public Works indicated that there is no median cut there to allow that. David Shaw, architect for Farmers and Mechanics, indicated that he agreed with the problems being expressed and that the exit to Xerxes should be eliminated (entrance only)," There was a motion by Councilmember Scott and seconded by Mayor Nyquist to approve the minutes of the City Council meeting of August 27, 1979 as corrected. Voting in favor: Mayor Nyquist and Councilmember Scott. Voting against: none. The motion passed. Councilmember Lhotka abstained as he was not present at that meeting. OPEN FORUM Mayor Nyquist opened the meeting for the purpose of the Open Forum session. Mayor Nyquist recognized Mr. Leo Hanson, 4903 Brooklyn Boulevard, who wished to address the problem of dying lawns in the area of Howe, Inc. Mr. Hanson stated that he and his neighbors met with Tom Howe, his father, and their attorney and stated that the Howes indicated at that meeting that they would not help with the repair of their yards. Mr. Hanson indicated that Howe, Inc. had already aided with the repair of some State owned property in the area and he asked what Howe intends to do concerning the repair of the City boulevard in the area. The City Manager indicated to Mr. Hanson that the boulevard along 49th is the responsibility of adjacent property owners. The City Attorney stated that the City uses the boulevard for snow storage, street expansion, etc., but that it is the property owners' responsibility to main- tain the appearance of the boulevard. The City Attorney stated that it is the property owners' responsibility to maintain the boulevard area adjacent to his property as if it were the property owner's lawn. 9 -10 -79 -1- Mr. Hanson then stated that Howe, Inc. is building a dike around their acid tank and questioned whether or not any permit was required by the City of Brooklyn Center for this construction. The City Manager stated that no permit was required by Brooklyn Center for this action, but that it was reviewed by the City. Mr. Hanson then expressed concern over an area that he referred to as a drainage area. The City Manager indicated that this land was owned by Soo Line Railroad, and that the Pollution Control Agency had ordered the Soo Line to clean up the Atrazine in this area. Mr. Hanson then stated that this "pothole" situation has gone on for seven years. Mr. Hanson inquired about the status of the lawsuits against Howe, Inc. The City Attorney indicated that several lawsuits were now pending against Howe, Inc. He further stated that Howe has brought motions to sever the lawsuits one by one but that all motions to spearate the lawsuits have been denied. The City Attorney also stated that on September 13, 1979 a motion will be made to have one judge hear all lawsuits now pending against Howe in the civil courts. The City Attorney also stated that the City will not oppose this action. Mr. Hanson indicated that he will continue to oppose Howe, Inc. in this matter. Mr. Fred Fournier, 4900 Zenith Avenue North, indicated that some type of drain has been installed which extends from Howe to Ryan Lake. The City Manager stated that he will examine the situation in response to Mr. Fournier's concern. Councilmember Bill Fignar arrived at 7:20 p.m. Mayor Nyquist recognized Mr. Thomas Howard, 2800 64th Avenue North, who wished to address the problem of diseased elms within the City and also to comment an the Brooklane Park shelter building. Mr. Howard stated that he felt that more diseased trees should be marked and removed. He further stated that lie holds a degree in forestry and feels qualified to comment on the diseased tree problem. Mr. Howard stated that he contacted the City's Park and Recreation Department and was told that the tree inspector was only part -time. Mr. Howard also stated that, sanitation of diseased elm trees is the only way to prevent the disease from spreading at the , present time. Mr. Howard indicated that he has a child attending Garden City School who also makes use of Brooklane Park. At 9:30 a.m. last Sunday, Mr. Howard.stated that he saw the remains of what appeared to be a party at Brooklane Park. He stated that he saw beer cans lying about the park and also that the building was open with the lights out.. He further stated that obscene words had been painted on the Brooklane Park shelter building and that he felt this was a particularly bad situation since it is visible from Brooklyn Boulevard. Mr. Howard then asked if any tags had been issued by the Brooklyn Center Police Department in Brooklane Park over the past weekend. The City Manager stated that vandalism is a problem in many of the City parks. He also stated that the wooden structure, upon which the obscene words had been written, is scheduled to be demolished within a few days. The City Manager indicated that tags have been issued by the Police Department in many City parks throughout the summer. Mr. Howard then questioned whether or not any tags had been issued in Brooklane Park last Saturday night. The City Manager stated that he will find out whether or not tags had been issued in the park last weekend and relay the information to Mr. Howard. The City Manager also stated that the Brooklane Park _. shelter building will be discussed later tonight. Mayor Nyquist inquired if there was anyone else present who wished to address the Council as part of the Open Forum; there being none, the Mayor proceeded with the rest of the meeting. 9 -10 -79 -2- PERFORMANCE BOND RELEASE The City Manager referred the Council to a memorandum on a performance bond release from the Office of Planning and Inspection. He stated that the performance guarantee of Swanson Homes, 7240 West River Road, was recommended for release. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the performance bond release recommended in the memorandum from the Office of Planning and Inspection in the amount listed. Voting in favor: Mayor Nyquist, Council- members Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution which would provide for the extension of senior citizens sewer discount. Councilmember Fignar asked if the discount had any bearings on the number of people in the home. The City Manager stated that the requirements on the numbers of people residing in the home remains the same. He stated that the discount is based on usage and that two persons residing in the home qualify for the discount while three persons residing in a residence do not. The City Manager referred Council members to a memo by Sy Knapp, Director of Public Works, regarding the extension of senior citizens sewer discount. He stated it is important to pass this extension particularly in light of the upcoming winter months. RESOLUTION NO. 79 -200 v Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE OF RATES AND FEES FOR THE USE OF AND CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -201 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION REQUESTING AREA LEGISLATORS TO SPONSOR LEGISLATION TO AUTHORIZE SEWER SERVICE DISCOUNTS FOR HANDICAPPED PERSONS AND FOR LOW - INCOME PERSONS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution accepting quotations for a Reforestation Contract, 1979 -F. He referred Council members to a list of bidders. RESOLUTION NO. 79 =202 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR REFORESTATION IMPROVEMENT PROJECT NO. 1979 -7 (CONTRACT 1979 -F) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 9 -10 -79 -3- The City Manager introduced a resolution requesting the Metropolitan Housing and Redevelopment Authority to provide administrative services for Brooklyn Center's Housing Rehabilitation Grant Program. He stated that the City is piggybacking the State HRA program and that we will have the Metropolitan HRA provide administrative services for our program for a fee of $8,000. RESOLUTION NO. 79 -203 Member Gene Lhotka introduced the following resolution and moved its adoption: .RESOLUTION REQUESTING THE METROPOLITAN COUNCIL HOUSING REHABILITATION AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES FOR THE CITY OF BROOKLYN CENTER'S HOME REHABILITATION GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing the Brooklyn Center Volunteer Fire Department to use certain State owned houses within the City of Brooklyn Center for training purposes. RESOLUTION NO. 79 -204 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT TO USE CERTAIN STATED OWNED HOUSES IN THE CITY OF BROOKLYN CENTER FOR TRAINING PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -205 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 79 -192, ADOPTED AUGUST 27, 1979, APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR BITUMINOUS PAVING CONTRACT 1979 -G The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES The City Manager introduced an ordinance to vacate the alley between Emerson and Fremont Avenues North and between 56th and 57th Avenues North. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to offer for first reading an ordinance to vacate the alley between Emerson and Fremont Avenues North and between 56th and 57th Avenues North. Voting in favor: Mayor Nyquist, Council- members Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 9 -10 -79 -4- REVIEW OF SPECIAL ASSESSMENTS WHICH ARE TO BE LEVIED THIS YEAR The Superintendent of Engineering referred Council members to a series of handouts covering the review of special assessments. He noted that in Project No. 1977 -19, a street surfacing project along Lyndale Avenue North, that the Minnesota Department of Transportation would pay 800 of the project cost. The Superintendent of Engineering stated that, except in Project No. 1978 -24, grading, base and surfacing along Aldrich Avenue North, we have been under the project estimates. In this particular project there have been certain unanticipated soil problems which necessitated installation of a subdrain system. The Superintendent also noted that, in Projects 1978 -32 and 1978 -35, it would be more appropriate to cover the costs by developers bonds rather than assessments.. The Superintendent also noted other miscellaneous assess- ments including, public hazard removal, delinquent weed destruction accounts, delinquent public utility accounts, and diseased shade tree removal costs. RECOMMENDATION TO PURCHASE FILL FOR CENTRAL PARK GRADING PROJECT The City Manager referred Council members to a memo and accompanying resolution from the Director of Public Works, regarding purchase of fill materials for Central Park grading project. RESOLUTION NO. 79 -206 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF FILL MATERIALS FOR CENTRAL PARK GRADING PROJECT NO. 1978 -41 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. BROOKLANE PARK SHELTER BUILDING The City Manager stated that alternatives for a shelter building in Brooklane Park are being explored and that one of the possible solutions is a portable building on wheels which would be used for an interim measure. Councilmember Fignar asked if the trailer would be used as a warming house. The City Manager explained that it would and that the City of Blaine has used this type of building successfully. He stated that it is approximately 20' x 10' and that a satellite toilet facility would be used along with it. Councilmember Lhotka asked if the portable building would be placed in the ground or on blocks. The City Manager explained that the portable building would be set into the ground and not placed on blocks in order that it would not be rocked off its foundations. Mayor Nyquist noted that Eileen Moran, the representative from the Northwest Hennepin Human Services Council was not yet in attendance at the meeting and that the discussion of recommendations from the Northwest Hennepin Human Services Council regarding a community action agency for suburban and rural Hennepin County would be laid over until Eileen Moran's appearance at the meeting. HOUSING REHABILITATION GUIDELINES The City Manager referred the Council members to a memo from Brad Hoffman, Admini- strative Assistant, regarding Brooklyn Center Housing Rehabilitation Grant selection criteria. Councilmember Lhotka asked if the guidelines had been changed. Admini- strative Assistant Hoffman stated that the guidelines were the same except for a change in the income limits. Councilmember Fignar stated that the Housing Commission put a considerable amount of work into the development of these guidelines with Brad Hoffman's assistance. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the Housing Rehabilitation Guidelines. Voting in 9 -10 -79 -5- favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The.motion passed unanimously. GAMBLING LICENSES Motion by Councilmember Fignar and seconded by Councilmember Scott to approve an application for a bingo license for the Twin Lake Alano Society, Inc. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed_ unanimously. Motion by Councilmember Scott and seconded by Councilmember Lhotka to waive the $10,000 fidelity bond requirement for the Twin Lake Alano Society, Inc. bingo license. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve a Class A gambling License for the Cross of Glory Lutheran Church. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Motion by Councilmember Scott and seconded by Councilmember Fignar to waive the $10,000 fidelity bond requirement for the Cross of Glory Lutheran Church gambling license. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. LICENSES Motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: BINGO LICENSE Twin Lake Alano Society 6825 71st Ave. No. GAMBLING LICENSE Cross of Glory Lutheran Church 4019 58th Ave. No. GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Walter's Disposal Service 2830 101st Ave. N.E. (one additional truck Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON PROPOSED 1980 BUDGET The City Manager explained the public hearing had been scheduled for 8:00 p.m. to introduce the proposed 1980 City Budget. Mayor Nyquist opened the meeting for the purpose of a public hearing on the proposed 1980 City Budget. The Mayor asked if there were any questions of a general nature relating to the proposed Budget. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to carry the public hearing on the proposed 1980 Budget over to the City Council meeting scheduled for'September 17, 1979. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON INDUSTRIAL REVENUE BOND PROPOSAL -DALE TILE Mayor Nyquist stated that this was the time and place fixed by Resolution No. 79-197 of this Council, adopted on August 27, 1979, for a public hearing on the proposal that the City undertake and finance a project on behalf of Dale Tile, Inc., pursuant 9 -10 -79 -6- to Minnesota Statutes, Chapter 474. The Clerk presented affidavits showing publica- tion of the notice of the public hearing at least once not less than 15 nor more than 30 days prior to the date fixed for hearing in the Brooklyn Center Post, being the official newspaper of the City and the Minneapolis Tribune, being a newspaper of general circulation of the City. The affidavits were examined, found to be satisfactory and ordered placed on file with the Clerk. The Mayor then opened the meeting for a public hearing on the proposed project. The purpose of the hearing was explained, the nature of the project and of the proposed revenue bonds were discussed, the draft copy of the application to the Commissioner of Securities with all attachments and exhibits was available, and all persons present who desired to do so were afforded an opportunity to express their views with respect to the proposal to undertake and finance the project. There was no one to speak at the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on the industrial revenue bond proposal from Dale Tile, Inc. Voting in favor: Mayor Nyquist, Council- members Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTION NO. 79 -207 Member Celia Scott introduced the following resolution and moved its adoption: R RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY WILLIAM J. DALE UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fig nar, and. on vote being taken thereon the following g voted in � P � favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON INDUSTRIAL REVENUE BOND PROPOSAL- MEDTRONICS, INC. The Mayor stated that this was the time and place fixed by Resolution No. 79 -197 of this Council, adopted on August 27, 1979, for a public hearing on the proposal that the City undertake and finance a project on behalf of Medtronics, Inc., pursuant to Minnesota Statutes; Chapter 474. The Clerk presented affidavits showing publica tion of the notice of the public hearing at least once not less than 15 nor more than 30 days prior to the date fixed for hearing in the Brooklyn Center Post, being the official newspaper of the City and the Minneapolis Tribune, being a newspaper of general circulation of the City. The affidavits were examined, found to be satis- factory and ordered placed on file with the Clerk. The Mayor then opened the meeting for a public hearing on the proposed project. The purpose of the hearing was explained, the nature of the project and of the proposed revenue bonds were discussed, the draft copy of the application to the commissioner of Securities with all attachments and exhibits was available, and all persons present who desired to do so were afforded an opportunity to express their views with respect to the proposal to undertake and finance the project. There was no one to speak at the public hearing. There was a motion by Council member Scott and seconded by Councilmember Lhotka to close the public hearing on the industrial revenue bond proposal from Medtronics, Inc. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 9 -10 -79 -7- RESOLUTION NO. 79 -208 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE AUTHORIZATION AND ISSUANCE OF REVENUE BONDS OF THE CITY UNDER MINNESOTA STATUTES, CHAPTER 474, FOR THE PURPOSE OF FINANCING A PROJECT THEREUNDER; AND AUTHORIZING AN APPLICATION BY THE CITY TO THE MINNESOTA COMMISSIONER OF SECURITIES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RECESS The City Council recessed at 8:20 p.m. and reconvened at 8:35 p.m. ORDINANCE ON DRUG RELATED DEVICES Councilmember Lhotka referred to an ordinance recently passed by the City of Eagan prohibiting the sale of drug related devices. Councilmember Fignar asked the Chamber of Commerce representative present at the meeting, Jack Bell, if the Chamber would be interested in reviewing the ordinance. Councilmember Lhotka inquired as to whether or not the Council would have an interest in the ordinance, and stated that he would like to have the City Attorney examine and review the ordinance. Mayor Nyquist indicated that he would like to have the Chamber of Commerce review the ordinance. Councilmember Fignar indicated that he would like to have input on the ordinance from City staff. The City Attorney stated that, at this point he was not sure whether or not the ordinance, as passed by the City of Eagan, would be appealed. Councilmember Fignar requested that the City staff present its input on the ordinance within 30 days. Councilmember Lhotka requested that the Chamber of Commerce get a copy of the City of Eagan's ordinance to review. ORDINANCE Mayor Nyquist noted that an ordinance amending Chapter 35 regarding special require - ments in I -1 and I -2 districts is related to two of the Planning Commission items on the agenda and that it would be appropriate to discuss the ordinance in conjunc- tion with the related Planning Commission items. The Director of Planning and Inspection stated that two applications have been submitted by Cass Screw Company, both of which were reviewed at the August 16, 1979 and August 30, 1979 Planning Commission meetings. He stated that in Application No. 79052 the applicant seeks site and building plan approval for a 60' x 120' addition on the east side of the existing building. He noted.that the addition would be primarily for storage and would also add a new parking facility on the east side of the building. The Director of Planning and Inspection pointed out that the proposed addition would be in line with the current setback of 25 feet off 47th Avenue North. He also noted that in Application No. 79053 submitted by Cass Screw Company the applicant seeks a variance from the 100 foot buffer requirement where I -2 zoned property abuts R -1 zoned property for the proposed addition to the existing plant at 4748 France Avenue North. The Director of Planning and Inspection referred Council members to page 11 of the August 16, 1979 Planning Commission minutes which contained the contents of a letter submitted by the applicant explaining his reasons for a variance request. The Director of Planning and Inspection, noted that the reasons for the variance as stated in the applicant's letter were as follows: 1. The building would not be as efficient if the addition must be set back more than 25 feet. 2. The addition will align with the existing building and both will be kept free of openings. 3. The character of the neighborhood would not be changed. 4. There 9 -10 -79 -8- is ample separation between the apartments and Cass plant. The Director of Planning and Inspection noted that the Planning Commission expressed the concern over the outlots located on the north side of 47th Avenue and abutting the Cass Screw property. He stated that the staff could not find any zoning classi- fication for these outlots and because of that technicality the outlots are zoned R -1, which requires a 100 foot setback and a landscaping buffer between the R -1 property and industrial property. He also noted that it seems � g 'here was an oversight with regards to the outlot zoning which took place in 1968 during the Zoning Ordi- nance revisions. He stated that the outlots were created not to act as a buffer but rather to prohibit industrial access to 47th Avenue North and to control or prohibit industrial traffic onto 47th Avenue North. The Director of Planning and Inspection referred the Council members to page 5 of the minutes of the August 30, 1979 Planning Commission meeting where the Planning Commission requested the Council to make the following findings concerning outlots 1 throuqh 7 of Ryan Lake Terrace Addition: 1. That the R -1 zoning of outlots 1 through 7, Ryan Lake Terrace Addition is unintentional. 2. That the intent of the outlots is to limit, or prevent, access from the industrially zoned property onto 47th Avenue North. 3. That for setback purposes, the outlots should be considered to be what they would be used for under normal circumstances, namely, public right -of -way. The Director of Planning and Inspection stated that even if the outlots were not zoned R -1, it would still require a 50 foot setback. He noted that the applicant's request for an additional variance in this instance is not appropriate. He pointed out that R -1, R -2, and R -3 zones are generally considered single family while the R -4 through R -7 zones are generally considered multiple family. He also noted that there is a 100 foot buffer requirement in the current ordinance when R -1 thorugh R -3 zoned property abuts industrial property at a property line, and in cases where R -4 through R -7 zoned property abuts industrial property, only a 10 foot setback is required. He also pointed out that if a street lies between the industrial property and the R -4 through R -7 zones, then a 50 foot building setback and buffer strip is required of the industrial property from the street line. The Director of Planning and Inspec- tion noted that the Planning Commission did not consider it appropriate to require no buffer where R -4 through R -7 zones abut industrial property at a property line and to require a 50 foot setback where R -4 through,R -7 zones are separated from the industrial property by a street. The Director of Planning and Inspection stated that the ordinance amending Chapter 35 regarding special requirements in I -1 and I -2 districts would require a protective building setback and restricted buffer strip not less than 50 feet in width where I -1 or I -2 abuts R -4; R -5, R -6, or R -7 at a property line. He added that where I -1 or I -2 abuts R -4, R -5, R -6, or R -7 at a public street line, the protective bufffer strip would be no less than 25 feet in width. The Director of Planning and Inspection pointed out existing situations in the City where residential property abuts industrial property and also indicated how these existing situations would relate to the proposed ordinance amendment. He noted that in the industrial area west of Humboldt Avenue the 50 foot setback requirement in the proposed ordinance amendment would create few problems. He pointed out that only one property, that being Arctic Metals, has a setback of less than 50 feet and all the other industrial properties in the area have a 50 foot or greater setback. He also pointed out that the proposed ordinance amendment would permit parking in the buffer strip where I -1 or I -2 abuts R -4 through R -7 at a property line provided it does not extend to within 15 feet of the property line. He noted that the Spec 2 building does not conform to this parking requirement. The Director of Planning and Inspection indicated that the Planning Commission felt that the creation of the two nonconforming situations with the adoption of of the proposed ordinance amendment, those being Arctic Metals and the Spec 2 building, were acceptable. 9 -10 -79 -9- I Cwmcilmember Lhotka asked whether the consideration of the outlots as public right-of-way would present any problems to the City. The Director of Planning aul Inspection stated that the outlots cannot be built on and would be interpreted right -of -way for setback purposes only. The City Attorney stated that a starting paint is needed for measuring setbacks. He noted that for purposes of measuring setbacks we need a starting point and that this is no reflection on the private p=perty nature of the outlots. The Director of Planning and Inspection stated that t outlots would be the buffer along 47th Avenue North. He indicated that the Panning Commission felt that the requirement of a 50 foot buffer where I -1 or I -2 amts R -4, R -5, R -6, or R -7 at a public street line was excessive and that a 25 foot buffer strip would be more practical. Mare was a motion by Councilmember Fignar and seconded by Councilmember Scott to offer for first reading an ordinance amending Chapter 35 regarding special require - nents in I -1 and I -2 districts. Voting in favor: Mayor Nyquist, Councilmembers gnar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. INNING COMMISSION ITEMS The City Manager introduced Application No. 79049 submitted by Darrell Farr Develop- ment Corporation. He noted that the applicant seeks preliminary plan approval for the creation of 122 units and one common area associated with the conversion of the Beach Apartments to condominiums. He also noted that Application No. 79049 was recommended for approval at the August 16, 1979 Planning Commission meeting. This application was tabled at the August 27, 1979 City Council meeting and continued to the September 10, 1979 City Council meeting. Councilmember Lhotka asked if there was any way to control condominium conversions. The City Attorney stated that converting to condominiums is a new phenomenon. He pointed out that it is another way of owning property and that multiple ownership is only a change in ownership, and that a Zoning Ordinance can only control such things as configuration of buildings, and density. The City Attorney stated that the City of Minneapolis has dropped its Comprehensive Ordinance controlling condo- minium conversions because the efforts are probably not constitutional. He indicated that the control of condominium conversion is an .important question especially since apartment construction is not now economically feasible. He pointed out that borrowing money at current interest rates to build apartments requires a rental rate that is prohibitive. Councilmember Lhotka asked whether or not it is possible to rent and sell in combination with a condominium situation. The City Manager indicated that some units are retained as rental units. Councilmember Lhotka asked how the taxes are influenced in a condominium situation. The City Manager stated that the units are taxed separately, in this case, 122 separate parcels. The Director of Planning and Inspection stated that the City Assessor uses an income approach on apartments, but when they are sold as condominium units, they have a market value per unit. He stated that this would increase the taxes derived from condo - miniums as compared with apartments. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 79049. There was no one to speak on the application. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve Planning Commission Application No. 79049 submitted by Darrell Farr Development Corporation subject to.the following conditions: 9 -10 -79 -10- 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The (declaration) and other disclosure materials are subject to the review and approval of the City Attorney prior to final plat approval. 4. The statement concerning the structural, mechanical, electrical and plumbing condition of the buildings and each unit is subject to the approval of the Building Official. 5. The City's Housing and Maintenance Ordinance shall apply to all buildings and any affected units so long as there are rental units remaining in the complex. 6. An as built survey of the property certified by a registered architect shall be submitted prior to approval of final plat. i Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Y Mayor Nyquist opened the meeting for the purpose of a public hearing on Applica- tion No. 79053 submitted by Cass Screw, Inc. There was no one to speak on the application. There was a motion by Councilmember Scott and seconded by Council - member Fignar to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Fignar,. Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to deny Application No. 79053 submitted by Cass Screw, Inc. for a request for a variance from Section 35 -413 regarding buffer requirements on the grounds that the standards for a variance contained in the Zoning Ordinance are not met. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve Planning Commission Application No. 79052 submitted by Cass Screw for site and building plan approval subject to the following conditions: 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 and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. The holding pond indicated on the plans for the southwest corner of the site will be modified or eliminated subject to the review and approval of the City Engineer. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improve- ments. 4. The building shall be equipped with an automatic fire extinguishing system to meet NFPA Standard No. 13 and 9 -10 -79 -11- shall be connected to a central monitoring device in accordance with Chapter S of the City Ordinances. 5. All outside trash disposal and /or rooftop mechanical equipment shall be appropriately screened from view. 6. B -612 curb and gutter shall be provided around all driving and parking areas. 7. An underground irrigation system shall be provided in all landscaped areas to facilitate site maintenance. Irrigation and sodding shall be provided along the east portion of the site and the trees similar to those along France Avenue shall be continued along 48th Avenue North. 8. The 8 foot high fence indicated along the south edge of the parking lot shall be extended to the east property line. 9. Plan approval is contingent upon the adoption of an ordinance amendment regarding buffers between industrial and multiple residential districts. Building permits will not be issued until that amendment is effective. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to make the following findings: 1. That the zoning of outlots 1 through 7, Ryan Lake Terrace Addition is unintentional. 2. That the intent of the outlots is to limit or prevent access from the industrially zoned property onto 47th Avenue North. 3. That for setback purposes the outlots should be considered to be what they would be used for under normal circumstances, namely, public right -of -way. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL FOR A STRUCTURE OF A COMMUNITY ACTION AGENCY FOR SUBURBAN AND RURAL HENNEPIN COUNTY Mayor Nyquist introduced Eileen Moran, who serves as the Director of the Northwest Hennepin Human Services Council. Ms. Moran stated that the community action agency would serve as a conduit to the poor and meet needs that are not met by welfare type programs. She also stated that marginally poor people who do not qualify for welfare agency programs can benefit through a community action agency. Ms. Moran stated that the community action agency will increase the capacity of existing agencies and will also increase the disbursement of federal funds. She also indicated that the City of Brooklyn Center is not committed to any program by passing the resolution supporting the development of a community action agency for suburban and rural Hennepin County. Councilmember Lhotka asked how Brooklyn Center will participate. Ms. Moran stated that the residents of Brooklyn Center will be able to participate in the community action agency, however, if Brooklyn Center opts out of the program, they will not be able to participate. She also stated that only five areas of Minnesota do not 9 -10 -79 -12- now have community action agencies and that northwestern Hennepin County is one of these areas. She also indicated that the chances of federal funding for a community action agency appears likely. Councilmember Fignar asked Ms. Moran ` what the amount of federal funding would be. Ms. Moran indicated that the funding is based on a per capita formula and about $200,000 per year would be allocated for northwest Hennepin County. Councilmember Fignar asked Ms. Moran what the allowable administrative costs would be. She indicated that the admini- strative costs of the program were set at a maximum of 100. Councilmember Lhotka asked what commitment the City might have to the program. The City Manager explained that there is no financial commitment now since the community action agency program is funded completely by federal funds, however, the guarantee of future federal funds is not a certainty. Mayor Nyquist stated that the County can organize the community action agency without the City's approval. Ms. Moran stated that by not passing the resolution supporting the development of a com- munity action agency for suburban and rural Hennepin County, this does not prohibit people from participating. Councilmember Lhotka asked Ms. Moran what activities the community action agency would be involved in. Ms. Moran stated that the community action agency is not a referral program, it is an outreach and advocacy program for the poor. RESOLUTION NO. 79 -209 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING THE DEVELOPMENT OF A CAA FOR SUBURBAN AND RURAL HENNEPIN COUNTY The motion for the adoption of the foregoing resolution was duly seconded by member_ Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: Dean Nyquist, whereupon said resolution was declared duly passed and adopted. SOLID WASTE REPRESENTATIVE The City Manager stated that the Department of Environment and Energy of Hennepin County required that a solid waste representative be designated for the City of Brooklyn Center as a contact person between the City and the Department of Environ- ment and Energy. He explained that this contact person may be the City Manager or his designee and in this case he indicated that either Sy Knapp, the Director of Public Works or Tom Heenan, the City Sanitarian would be appointed to this position. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the appointment of a solid waste representative as designated by the City Manager. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ADJOURNMENT Motion by Councilmember Lhotka and seconded by Councilmember Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:10 p.m. Clerk f s yo 9 -10 -79 -13-