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HomeMy WebLinkAbout1979 11-19 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 REGULAR SESSION NOVEMBER 19, 1979 l CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka; and Celia Scott. Also present was City Manager Gerald Splinter, Director of Public works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bublitz.' INVOCATION The invocation was offered by Councilmember Tony Kuefler. APPROVAL OF MINUTES - NOVEMBER 5, 1979 & NOVEMBER 6, 1979 There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the minutes of the November 5, 1979 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against none. The motion passed unanimously. " There was a motion by Councilmember Lhotka and seconded by Councilme:ber Xuefler to approve the minutes of the November 6, 1979 special session as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, - Lhotka, and Scott. Voting against: none. The motion passed unanimously. OPEN FORUM _Mayor Nyquist noted that the Council had received a request to use the Open Forum session from Mr. Everett Carlson of 5905 Ewing Avenue North. Mayor Nyquist noted that Mr. Carlson was not present at tonight's meeting. He inquired-of the audience if anyone was.present who wished to address the Council. There being none, the Mayor proceeded with the regular agenda items. APPOINTMENTS The Mayor noted he would like to consider an item which was not on the agenda, that being an appointment to the Park and Recreation Commission.- Mayor Nyquist recommended the appointment of Harry Bradford of 4701 Lakeview Avenue North to the Park and Recreation Commission. He noted that Mr. Bradford has lived in the City for six years and will be representing the southwest park service area. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to appoint Mr. Harry Bradford as a commissioner to the Park and Recreation Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. FINAL PLAT APPROVAL The City Manager introduced the final plat'of Brookdale 2nd Addition and noted that the City Council had approved the preliminary plat on July 25, 1979 under Application No. 79033. The Director of Public Works reviewed the plat and noted that all improvements were in and that no subdivision 1I -19 -79 -1- agreement was 'necessary. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the final plat of Brookdale 2nd Addition, located between Brooklyn Boulevard and Xerxes Avenue, north of .County Road 10 and Northway Drive. Voting in favor: ,Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. SUBDIVISION BOND REDUCTIONS /RELEASES ' The City Manager referred the Council to a memorandum regarding subdivision bond reductions and releases. He recommended a reduction of the subdivision bond in the amount of $32,500 for The Ponds, Plat II, and a reduction of $4,700 for Linder's 1st Addition. He also recommended a release of the performance bond for the Robert Barr Addition and also of the Faith Community Church of God. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve a subdivision bond reduction for The Ponds, Plat II, located at Unity Avenue North in the amount of $32,500, a subdivision bond reduction for Linder's 1st Addition, located at 73rd Avenue North and Camden Avenue North in the amount of $4,700, a subdivision bond release for the Robert Barr Addition, located at Lakeside Avenue North and Twin Lake Avenue North, and a subdivision bond release for the Faith Community Church of God;. located south of 67th Avenue between Bryant and Colfax -Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, PERFORMANCE BOND RELEASES /REDUCTIONS The City Manager referred the Council to a memo which recommended the reduction of performance bonds for The Ponds, Plat II in the amount of $30,000, Plat III in the amount of $13,000, Plat IV in the amount of $25,000, and Plat VII in the amount of $70,000, all located at Unity Avenue North. He'also recommended release of the performance bond for Emerson Chalet, located at 1200 67th Avenue and Brookdale Towers Apartments, located at 6915 Humboldt Avenue North. There was a by Councilmember Kuefler and ,seconded by Councilmember Fignar to the performance bond reductions for The Ponds,; Plat II in the amount of $30,000, Plat III in the amount of $13,000, Plat IV in the amount of $25,000, and Plat VII in the amount of $70,000 and to appr�ve performance bond releases for Emerson Chalet and Brockdale Towers Apartments. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution calling for a public hearing on an industrial revenue bond proposal from Swenson Carriage House. He noted the proposal involved a $1,000,000 industrial revenue bond for a retail sales operation. He noted that the site was adjacent to the east side of Schmitt Music north of Freeway Boulevard. He pointed out that if the owner of the property has not paid taxes on the property one year prior to the request for industrial revenue bonds, then the applicant is not eligible for industrial revenue bonds. He also noted that Swenson Carriage House is not the current owner of the property. The City Manager pointed out that the back taxes must be paid before any building permits can be issued. RESOLUTION NO. 79 -268 Member Bill Fignar introduced the following resolution and moved its adoption: 11 -19 -79 2 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING 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, Tony Kuefler, 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 appropriating $19,690 in the Capital Projects Fund as the City "s Matching Funds for the Shingle Creek Trailway LAWCON Project No. II. He pointed out that, for federal auditing purposes, it is necessary to transfer the money into the Project Funds. He explained the money in the Project Funds will be transferred back out to pay for rental on City equipment and for City labor costs which will comprise the City's Soft Match for the Project. He emphasized that the appropriation of money in the Capital Projects Fund is necessary so that federal auditors can track the Funds. RESOLUTION NO. 79 -269 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO APPROPRIATE $19,690 IN THE CAPITAL PROJECTS FUND AS THE CITY'S MATCHING FUNDS FOR THE SHINGLE CREEK TRAILWAY LAWCON PROJECT II The motion for the adoption of the foregoing resolution was duly 'seconded by member Tony Kuefler, and upon vote being taken thereon, the 'following voted in favor thereof: Dean Nyquist, Tony Kuefler, 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 -270 Member Bill Fignar introduced the following resolution and moved its adoption:. RESOLUTION TO APPROPRIATE $7,815 IN THE CAPITAL PROJECTS FUND AS THE CITY'S MATCHING FUNDS FOR THE CENTRAL PARK LAWCON PROJECT II 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the g g voted against a nst the same: none whereupon said 'resolution P was declared duly passed an y p d d adopted. The City Manager introduced a resolution authorizing the purchase of 4,000 gallons of #2 diesel fuel. He stated it is recommended the a_uotation of Rollins Oil Company in the amount of $3,556 be- accepted. RESOLUTION NO. 79 -271 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 4,000 GALLONS #2 DIESEL FUEL 11- -19 -79 -3- 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, Tony Kuefler, 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 purchase of 11,000 gallons of #2 heating oil. He stated it is recommended the quotation of Rollins Oil Company in the amount of $9,119 be accepted. RESOLUTION NO 79 -272 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 11,000 GALLONS OF #2 HEATING OIL The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Ficjnar, 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 issuance of temporary improvement notes. In discussion of the resolution, Council- member Kuefler questioned whether the interest rate on the improvement notes was realistic. The City Manager explained it is an inter -fund charge for interim periods and that it is not possible to obtain a 9% or 10% rate for short -term financing. Councilmember Kuefler noted if, the loan was not an inter -fund loan, the City could invest at a higher rate of interest. The City Manager explained that the rate has been set by resolution at 6 %. Councilmember Kuefler requested further information regarding how the 6% rate was established. RESOLUTION NO. 79 -273 Member Tony Kuefler introduced the following resolution and moved its adoption RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT 'NOTES 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same:, none, whereupon said resolution was declared duly passed and adopted. AUTHORIZATION FOR INDEPENDENT AUDIT.AGREEMENT The City Manager explained it is recommended that a motion be made by the City Council authorizing the Mayor and City Manager to enter into an agreement for the independent audit of all City funds for the calendar year 1979 as submitted by Moen & Penttila, Certified Public Accountants. There was a motion by Councilmember Scott and seconded by Councilmember' Lhotka to authorize the Mayor and City Manager to enter into an agreement for the independent audit of all City funds for the calendar year 1979 as submitted by Moen & Penttila, Certified Public Accountants. Voting in favor: Mayor Nyquist, Councilmember Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 11- 19 -79' -4- APPROVAL OF FIRE RELIEF ASSOCIATION INVESTMENT I The City Manager referred the Council to a letter from the Brooklyn Center Fire Department Relief Association requesting approval of the purchase of certain investment bonds. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the Fire Relief Association's purchase of Montana Power Company bonds at the interest rate of 9 -7/8% with a maturity date of January 1, 2009 and Dayton Hudson Corporation bonds at the interest rate of 9 -3/4% with a maturity date of June 1, 1995. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka and Scott. Voting against: none. The motion passed unanimously. PRELIMINARY APPROVAL OF YEAR TWO COMMUNITY DEVELOPMENT PROJECTS The City Manager explained that Administrative Assistant Brad Hoffman has met with the Community Development Advisory Board and the Board has concluded that the elevator planned for installation in City Hall did not provide the necessary access for handicapped persons The Board recommended, instead of the elevator, a TV camera should be installed to monitor handicapped access into the Community Center. He noted that the approximate cost for the camera monitor would be $20,000. He also noted the Community Develop- ment Advisory Board recommended a solar demonstration project which would provide solar heating for six homes to be selected from income eligible volunteers. He noted the approximate cost of this project would be $40, 000. Councilmember Fignar inquired what the time line would be for these projects. Administrative Assistant Hoffman explained the time frame for the ro•ects would be P � approximately three years. _. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the year two Community Development Projects as "recom- mended by the Community Development Advisory Board. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Mayor Nyquist recognized several Park Center High School students who f were present in the audience and commented that he was pleased to see them in attendance at tonight's meeting and invited them to ask any questions of the Council that they might have regarding the meeting. FIRE RELIEF ASSOCIATION ACTUARY PRESENTATION The City Manager introduced Mr. Thomas J. Kuhlman and noted he would be presenting an actuarial report to the Council regarding the Fire Relief Association. The Director of Finance noted that State law requires that an actuarial study be undertaken every four years. Mr. Kuhlman began his presentation by presenting a number of items which comprised the cost of the benefit program. He noted the following as cost items in the benefit program: 1. Benefit provisions (monthly payments for retirement) 2. Disability benefits 3. Spouses' benefit ($150 per month) 4. Surviving children's benefits 5. Vesting provision 6. Lump sum death benefit He noted the average entry age for the Fire Department Relief Association Program to be 28.9 years and the average retirement age to be 36 years. He also noted the following items which affect.the cost of a pension plan: 11 -19 -79 -5- 1. Mortality 2. Disability 3 Withdrawal , 4. Retirement Age 5. Interest Mr. Kuhlman explained that if assets do not pay for future costs, then future normal costs (i.e. annual payments) will be required. He noted that there is an unfunded liability in the plan of $6,842 which he anticipates will be eliminated in the next year. Councilmember Fignar inquired as to what the annual cost of the program was. Mr. Kuhlman replied that the total normal cost of the program is $25,937 which is an annual amount. He explained it is not related to salary and should not, therefore, increase substantially. He explained this cost is rela- tively stable unless benefits are increased. He noted that contributions coming into the plan exceed the statutory minimum requirements established ' by the State of Minnesota. He stated that the State requires a four year experience study to test the actuarial assumptions; against the real experi- ence of the plan. He explained the period examined for the experience study was 1975 through 1978. Mr. Kuhlman explained that the investment return for this period has been over 7% for each of the four years. He noted that the State requires that a 5% return assumed and explained that Brooklyn Center's plan exceeds that 5% minimum. Mr. Kuhlman made the following two recommendations regarding Brooklyn Center's Fire Relief Association benefit plan: 1. A more conservative and current mortality table which allows for increased longevity. 2. A more liberal withdrawal rate. Mr. Kuhlman explained that the above two items are offsetting features and in summary, feels that the cost of the benefit plan may increase approxi- mately 10% to 15% in the next year. Councilmember Kuefler inquired whether the tire insurance residuals, which amounted to $43,000, went directly into the fund. He also questioned whether it was correct to assume that the current cost of the program is $25,937. Mr. Kuhlman stated that both of Councilmember Kuefler's observa- tions were correct. Councilmember Kuefler questioned what the unfunded liability in the amount of $6,842 entailed. Mr. Kuhlman explained that . the $6,842 of unfunded liability is arrived at by comparing assets to the unpaid future normal costs. He explained thew c liability c rued in this instance is very low. He noted the unf nd is i ' Y u ed.l b lit is an accumu - Y lation of past costs in the plan and that the State requires the slowest rate it be paid off is 20 years. Councilmember Lhotka questioned why the actuarial assumptions should be changed. Mr. Kuhlman explained that the two recommended changes are based on the experience study. He also noted that in dealing with these issues a considerable amount of probability or "guess work" is involved in developing the actuarial assumptions. _ The City Manager noted actuarial assumptions are based on a large nation -wide group and that experience of a small group may not parallel the statistical averages of the larger group. 11 -19 -79 -6- Mr. Jim McClure, President of the Fire Relief Association, addressed the Council and noted that the Relief Association manages its own plan. He noted the success of the plan is due to in part to the contributions of previous and present members of the Fire Relief Association who have been involved in the financial management of the plan. RECOMMENDATIONS FOR SHELTER LOCATIONS FOR THE MTC'S 1980 PASSENGER WAITING SHELTER PROGRAM The City Manager referred the Council to a memo from the Metropolitan Transit Commission which requested that the City recommend up to three shelter locations to be considered for the MTC's 1980 Passenger Waiting Shelter Program. He noted that the MTC had provided a potential list of shelter sites which had been previously identified by the MTC. He noted that the potential sites were listed along with the load counts for each site and that the City staff would recommend that the site at 57th and Logan be placed first on the priority list of shelter locations. He noted that the MTC is requesting the City to prioritize the list of potential shelter sites which the City will submit to the MTC. Council - member Fignar questioned where the existing shelters are located in the City. The City Manager explained that he would prepare a -list of all existing waiting shelters in the City. Councilmember Kuefler stated that he would recommend the City prioritize the list of potential shelter sites by load counts There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to recommend the following three sites for the MTC's 1980 Passenger Waiting Shelter Program and to prioritize the sites by their respective load counts: 1. 57th and Logan Avenue North - load count 45 2 65th and Dupont Avenue North =Toad count 40 3. 65th and Xerxes Avenue North load count 30 to 40 Voting in favor: - Mayor- Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION The City Manager noted both Brooklyn Center's members of the advisory com- mission of the Northwest Hennepin Human Services Council have been very active on the commission. He also noted that Dorothy Buckingham, whose position expires on December 31, 1979, was present in the audience. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to extend the appointment of Dorothy Buckingham to the Northwest Hennepin Human Services Council for another full two year term. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Ms. Buckingham explained that she would like to address the Council regarding the establishment of a Community Action.Agency for suburban and rural Hennepin County. She noted that the three Human Services Councils in the metropolitan area have prepared a plan to administer the proposed Community Action Agency for suburban and rural Hennepin County. She expressed a concern over the possibility that the Community Action Agency may be set up as a metro -wide agency with no local control. She noted that she feels cities need input in how funds will be spent in the CAA. She explained these are two conflicting plans for the administration of the Community 11 -19 -79 -7- Action Agency, one being the recommendations of the Human „.services Councils and the other being implementation of one central agency to administer the Community Action Agency. She noted that on December 11, 1979 from 4:00 p.m. to 8:00 p.m. a public hearing will be held on the establishment of a Community Action Agency for suburban and rural Hennepin County at the Crystal City Hall. She again expressed her concern that local control and -local input is necessary J in the administration of the Community Action Agency and that she would request the Council support in this matter. Councilmember Fignar questioned where the plan for the centralized agency originated. Ms. Buckingham replied that the information she had, indicated that it originated with Hennepin County, possibly with the Welfare Department. Councilmember Kuefler explained that it was his understanding that $200,000, an amount determined by federal formula, would be available to the Community Action Agency which would in turn run programs not in conflict with North - west Human Services Council's programs. Ms:_Buckingham explained that the Northwest Human Services Council does not administer funds but only advises local municipalities on programs. She explained that the Northwest Human Services Council proposal for the administration of the Community Action Agency meets the federal requirements for administering federal funds through the CAA. The City Manager noted that the competition and conflict between the Metropolitan Human Services Councils and Hennepin County agencies have been a long - standing issue. Councilmember Lhotka questioned who would ultimately decide which plan for the administration of the Community Action Agency would be adopted. Ms. Buckingham replied that the final decision would be made by the County Board. The City Manager explained he would attempt to obtain copies of Hennepin County's plan for the administration of the Community Action Agency and present a summary of the problems regarding this matter to the Council.* He also added that he would research the Council's actions on the Community Action Agency taken at past Council meetings RECESS The Brooklyn Center City Council recessed at 8:30 p.m. and reconvened at 8:50 p.m. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 79055 submitted by Edwin Kauffman /Village Builders. He explained the applicant requests to rezone from C -1 to R -3 a .9 acre parcel at the southeast corner of Logan and 58th Avenues North. He noted Application No. 79055 was submitted in conjunction with Application No: 79056 in which the applicant, Edwin Kauffman /Village Builders, seeks site and building plan approval for an eight unit townhouse complex at the corner of 58th and Logan Avenues North. The Director of Planning and Inspection proceeded to review Application No. 79055 in which the applicant is seeking rezoning from C -1 (service /office) to R -3 (townhouse /garden apartments) of a tract of land, slightly less than an acre in size, located at the southeast corner of Logan'and 58th Avenues North. He noted that the application was tabled at the September 13, 1979 Planning Commission meeting and that the rezoning request was referred to the Southeast Neighborhood Advisory Group for review and comment. He noted 11 -19 -79 -8- i -_ the advisory group met on October 15, 1979 and advised the Planning Commission to favorably recommend the rezoning. The Planning Commission recommended approval of the application at the November 8, -1979 Planning Commission meeting. The Director of Planning and Inspection stated that there does not seem to be any conflict with the rezoning evaluation guidelines, nor with the present Comprehensive Plan.. He explained the only concern that occurs to the staff, is the possible negative impact which the Northbrook Shopping Center will have on the new development. The Director of Planning and Inspection then reviewed the ways in which the proposal meets the rezoning evaluation guidelines. He stated that the proposed townhouse development: 1. Is consistent with the Comprehensive Plan in that it serves as a buffer in accordance with the plan and that the planning consultant, with respect to the revised Comprehensive Plan, had recommended changing the zoning of this property to residential. 2. Is consistent with the R -4 zoning to the south, the R -5 to the north and single family homes to the east_ 3. Is a more appropriate use at this location than a service/ office use. 4. Benefits the Brooklyn School District which is losing housing to right -of -way acquisition by the Minnesota Depart- ment of Transportation._ Mayor Nyquist questioned how the project will benefit the School District. The Director of Planning and Inspection explained that the project would potentially increase school enrollment. Councilmember Kuefler inquired whether R -3 and C -1 are normally compati -- ble zones without a buffer. The Director of Planning and Inspection explained that the two zones were generally compatible without a buffer area. Councilmember Lhotka requested an explanation of the impact of the North- brook Shopping Center on the project. The Director of Planning and Inspection explained that there is a potential for a negative impact from the shopping center. He noted the shopping center on the west side of Logan Avenue is built on the right -of -way but that the manager of the shopping center stated he is willing to plant trees as a buffer between the shopping center and the proposed project. The Director of Planning and Inspection noted that the planting of trees as a buffer cannot be placed as a contingency on the rezoning request. Councilmember Fignar questioned whether the Northbrook Shopping Center would have room to plant the trees as a buffer. The Director of Planning and Inspection explained that it would be possible to plant the trees in the boulevard area. Councilmember Kuefler inquired whether there would be any government subsidized housing units in the project. The Director of Planning and Inspection explained it is not a government subsidized housing project and that it is the applicant's intent to subdivide the area into eight lots subject to a homeowners' association. 11 -19 -79 -9- Mayor Nyquist requested a review of the site and building plan for the ` project before any action ;is considered on Application No. 79055. The Director of Planning and Inspection proceeded to review Application No. 79056 in which the applicant, Edwin Kauffman /Village Builders, seeks site and building plan approval for an eight unit townhouse complex at the corner of 58th and Logan Avenues North if the rezoning contemplated under Application No. 79055 is given a favorable recommendation. He explained the proposed ,plan contemplates four two unit structures, with each unit having its .own private lot. All units will be 24'' x 46 six with entrances on the side and,two with entrances out the front. He. noted interior lots are proposed to be 34' x 96` and the two corner lots 29' x 96'. The Director of Planning and Inspection explained the applicant wishes to take advantage of an optional density credit of 500 square feet of tuck under garage stall as provided under Section 35 -400 1(c). He explained that, since the plan calls for two tuck under stalls per unit, the total credit sought is 1,000 square feet per unit, reducing the required land area from 5,400 square feet to 4,400 square feet. He noted that at 4,400 square feet per unit, the 39,052 square foot site can accommodate up to 8.9 units. He explained that without the density credit, ,'the total number of units allowed would be 7.23. The Director of Planning and Inspection explained that the applicant has proposed to provide the required screening from the R -1 use to the east with a fairly dense row of trees and shrubs. He noted the plantings include green ash, Russian olives, Norway maples American arborvitae, and pfitzer juniper. He noted the plan indicates two six inch diameter green ash along Logan Avenue as required by the Zoning Ordinance. Mayor Nyquist- opened the meeting for purposes of a public hearing on Planning Application No. 79055. The applicant was present. There was no one to speak on the application. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to close the public hearing on Planning Commission Application No. 79055.- Voting in favor: Mayor Nyquist, Council= members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve Planning Commission Application No. 79055 submitted by Edwin Kauffman /Village Builders to rezone Lot 1, Block 1, Northbrook Center Addition to R -3 from C -1, in that it is consistent with.the rezoning'. evaluation policy and review guidelines for the following reasons: 1. The proposed zoning is consistent with the Comprehensive Plan. 2. The proposed zoning is consistent with and compatible with surrounding land uses. 3. The subject property can bear fully the development restric- tions for the proposed zoning districts, 4. The subject property is considered generally unsuited for uses permitted in the C -1 zoning district because of its location. 5. The proposed zoning will allow for development of the property in a way which will benefit the City and the Brooklyn Center 11 -19 -79 -10 School District. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. voting against: none. The motion passed unanimously. -There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve Planning Commission Application No. 79056 submitted by Edwin Kauffman /Village Builders for site and building plan approval for- eight - townhouse units at the southeast corner of Logan and 58th Avenues North 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 9 g Y P 7 and approval by the City Engineer prior to the issuance of permits. 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 improvements. 4. Any outside trash disposal facilities shall be appropriately screened from view. 5. Plan approval comprehends a total of eight dwelling units by allowing the minimum land area to be reduced by 500 square feet for each tuck under garage as comprehended by Section 35 -400 l(c) of the City Ordinances. 6. Plan approval acknowledges that the landscape treatment on the east side of the property is in harmony with the residen- tial neighborhood, provides sufficient screening of the multiple dwelling area and is an appropriate screening substitute in lieu of a four foot high opaque fence or wall. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced Application No. 79063 submitted by Lawrence Rudenick. He noted the applicant seeks preliminary plat approval to create three lots out of two existing lots as the corner of 69th and Oliver Avenue North. He noted the Planning Commission recommended approval of the application at the November 8, 1979 Planning Commission meeting. The Director of Planning and Inspection proceeded to review Application No. 79063'submitted by Lawrence Rudenick for preliminary plat approval to create three lots (Lots 1, 2 and 3, Block 1, Rudenick Maahs Addition) on the land presently described as Lots 7 and 8, Halek's Addition commonly known as 6900 and 6906 Oliver Avenue North. He noted that the existing lots are each roughly 75' x 250' facing Oliver Avenue. He explained that the preliminary plat proposes to create a third lot (Lot 2, Rudenick Maahs Addition) roughly 75' x 146', facing 69th Avenue North, a major thoroughfare as defined by Section 35 -900 of the Zoning Ordinance. He explained that all the new lots, would meet the area standards for single family, interior and corner lots. He noted, however, that the presently substandard lot at 11 -19 -79 -11- 6900 Oliver Avenue North would continue to be substandard as to width at 75 feet. He added that as -built surveys show that no setback violations occur with the creation of.the new lot, but that existing structures at 6900 Oliver Avenue North are located slightly less than the normal side corner setback of 25 feet and far less than the 50 foot setback required from major thoroughfares. .He explained that the major thoroughfare set - back requirement was instituted in 1968 and that the house was built in 1952. The Director of Planning and Inspection explained that a complicating factor in the creation of the plat is the fact that Hennepin County is considering widening 69th Avenue from a 66 foot right -of -way to an 80 foot right -of -way, picking up 7 feet from each side. He noted that in other instances of'replatting along 69th Avenue, where it has been possible, the City has asked for, and received,, the additional 7 feet of right -of- way by dedication. He noted, however, in the case of 6900 Oliver Avenue, the dedication of an additional 7 feet of right -of -way would cause sub- stantial problems by creating an even more substandard corner lot and further setback encroachment. He pointed out that the owner would be left with a 68 foot wide corner lot and structures set back roughly 15 feet from major thoroughfare sight -of -way. The Director of Planning and Inspection recommended that the creation of such a substandard lot with extremely deficient setbacks should not be approved because the application of current setbacks would render the property:unbuildable. Councilmember Fignar left the table at 9:20 p.m. and returned at 9:29 p.m. The Director of Planning and Inspection explained that in the case of the newly created lot to the east, there appears to be no substantial damage caused by the dedication of seven additional feet for right -of -way purposes. He suggested that.a condition of approving the plat be a change in the survey document showing the seven feet dedication along 69th Avenue from Lot 2, but not from Lot 3. He added that although the proposed plat leaves a substandard corner lot in tact, there is no need for a variance since (as with the 5himshock resubdivision), this is an existing condition which cannot be mitigated by replatting and the creation of the new lot does not make 6900 Oliver Avenue substandard as to area or any other aspect. The City Manager suggested that a turn- around strip for the driveway area be included as a condition for approval so that cars do not back out onto 69th Avenue North which is a relatively busy street. The Director of Planning and Inspection explained that with the seven foot dedication a new property line is established, and that no hardship is created on an undeveloped parcel by taking seven feet of dedication for future roadway expansion. Councilmember Kuefler requested the Director of Planning and Inspection to comment on the City Manager's suggestion for a turn - around in the driveway area. The Director of Planning and Inspection stated he felt the County would require a turn - around since the County must approve access to 69th Avenue North,, Mayor Nyquist questioned whether the right -of -way dedication is required. The Director of Planning and Inspection explained that he feels the dedi- cation would influence the County's decision to upgrade the roadway. The City Attorney explained that the County makes it appear that a seven foot dedication,is necessary. He explained that some cities are complying with the -County request but that there is no authority for Brooklyn Center to 11 -19 -79 -12- require additional dedication, and that it the City would not be ?_ creating problems by adding a seven foot dedication of one of the parcels. He noted that a problem would be created by taking the seven foot dedica- tion off.the other parcel. Mayor Nyquist opened the meeting for purposes of a public hearing on Planning Commission Application No. 79063. The applicant was present. There was no one else to speak on the application. •There was a motion by f Councilmember Lhotka and seconded by Councilmember Fignar -to close the public hearing on Planning Commission Application No. 79063. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve Planning Commission Application No. 79063 submitted by Lawrence Rudenick for a preliminary plat approval to create Lots 1, 2 and 3 of Rudenick Maahs Addition out of the property presently described as Lots 7 and 8, Halek's Addition subject to the following conditions: 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 plat shall be amended to show an additional dedication from Lot 2 of seven feet for right -of -way purposes along 69th Avenue North prior to final plat approval.' 4. The ten foot wide utility easement running through the middle of Lot 2 shall be formally vacated prior to final plat approval. The owner(s) of Lot 2 shall be responsible for all reasonable costs associated with relocation of existing utilities due to the vacation of said utility easement. 5. The final plat shall be approved prior to the issuance of building permits for the proposed Lot 2. 6. Prior to the issuance of the building permit for Lot 2, a plan shall be submitted and approved.by the City Engineer showing a driveway on the easterly portion of the site that includes a turn - around area to be used so that cars do not have to back out on 69th Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The ; City Manager introduced Application No. 79066 submitted by Jay Joyner for Darrell A. Farr Development Corporation. He noted the applicant seeks an appeal from the ruling by the Building Official that the Beach Apartment complex is not entitled to freestanding promotional signery to advertise its conversion to condominiums. He added that the Planning Com- mission recommended that the Building Official's interpretation of the Sign Ordinance be upheld at the November 8, 1979 Planning Commission meeting. 11 -19 -79 -13- The Director of Planning and Inspection reviewed Application No. 79066 submitted by Jay Joyner for Darrell Farr Development Corporation and stated that the applicant is appealing a ruling by the Building Official and the Director of Planning and Inspection regarding the interpretation of the City Sign Ordinance, particularly Section 34 -140, 2 k regarding real estate signs. He noted that Sign Ordinance appeals are provided for in Section 34 -170, "in order to secure the relief where it is alledged that an administrative office of the City has committed an error in interpretation or judgment in issuing an order for making a determination ". The Director of Planning and Inspection stated the applicant has submitted a written appeal in which it is pointed out that the Darrell Farr Corpora - tion is in the process of converting the Beach Apartments into condominiums and that a substantial amount of work is necessary to improve the property so that they are attractive to individual purchasers. He noted the appeal contends that because there is a substantial amount of new work and because the units are being offered for sale for the first time, the conversion should be considered a "new residential project development ".within the meaning of Section 34 -140, 2, k, (2) and, therefore, entitled to the temporary signery provided for by that section of the Ordinance.` The Director of Planning and Inspection explained that the interpretation of the staff is that the Beach is in the process of selling dwelling units in buildings containing two or more units as comprehended by Section 34 -140, 2, k, (3) and is, therefore, entitled_ to the signery comprehended by that section of the Ordinance. The Director of Planning and Inspection pointed out that the Beach is entitled to other signery such as identification signery and directional signery in accordance with the Ordinance. He noted that the Beach can have a single 35 square foot freestanding identification sign plus one 10 square foot wall identification sign per building in addition to any necessary directional signs. The Director of Planning and Inspection explained that the Planning Commission recommended the Building Official's interpretation of the sign Ordinance be upheld at the November 8, 1979 Planning Commission meeting. The Director of Planning and Inspection noted that Mr. Joyner has indicated - the Darrell Farr Corporation desires a sign visible from Highway 100 and that under the 14th amendment claims' that his client is entitled to equal treatment, that being the same treatment as is given to new development. The Director of Planning and Inspection noted that Mr. Jay Joyner is present at the meeting tonight. - Mayor Nyquist inquired whether or not the Beach condominium complex complies with current building codes. The Director of Planning and Inspection explained that it does not comply with current energy codes. Mayor Nyquist inquired as to the cost of the conversion project. The Director of Planning and ns ection h approximate cos is I saedtea rxm t $300j000. stated $ P PP Councilmember Fignar made an inquiry as to how temporary the signery would be as proposed by Darrell Farr Corporation. The Director of Planning and Inspection explained that it would be a two year period or until the project is 90% complete whichever comes first. Councilmember Scott questioned the purposes of the billboards previously erected in the highway right -of -way along Highway 100 by the Darell Farr -'- Corporation. The Director of Planning and Inspection stated that the 11 -19 -79 -14 billboards did not comply with the directional sign requirements of the City Sign Ordinance and were required'to be removed. Mr. Jay Joyner requested to address the Council and explain it is his contention the City Ordinance states that as few as six lots can qualify for signery and that the Beach Apartments project should be entitled to 48 square 'feet of signery. Councilmember Lhotka questioned how the sale of the condominium units is promoted. Mr. Joyner responded by explaining that the sales of the units are promoted through news ads and by direct mailing. He_noted that, according to the information available to him, a high percentage of inquiries concerning condominium units originated from people driving by the complex. He requested that a 36 square foot sign be retained along with a temporary promotional sign for the project. Councilmember Scott stated that she felt a considerable portion of the $300,000 project cost has been for maintenance type items which are not related to any kind of new development on the project. She also expressed an objection.to the erection of any more billboards promoting the Beach condominium project_ Where was a motion by Councilmember Lhotka and seconded by Councilmember Eignar to deny Planning Commission Application No. 79066 submitted by Darrell Farr Development Corporation and uphold the Building Official's interpretation of Section 34 -140, 2, k of the Sign Ordinance regarding zeal estate signs for the Beach condominium complex on the basis of the following factors: 1. The conversion is not considered a new residential project - development because the work referred to by the applicant is not considered substantial, but rather "cosmetic "'. Internal modifications, most of which do not require building permits. 2. The conversion process does not require site and building plan review and approval by the Planning Commission and the City Council because no major site work alterations were comprehended.- 3. When reviewing the preliminary plat for the conversion, the State Building Codes Division informed the City that conversions to condominiums do not constitute a change which would require bringing the subject building into compliance with current building codes that were not in effect at the time the building was originally constructed. The Building official, therefore, did not consider the building to be "new" in terms of current building code requirements 4. The conversion process involved a change in occupants based on unit ownership, not the initial occupancy of the premises which Section 34 -140, 2, k, (2) appears to recognize 5`. Section 34 -140, 2, k, (2) also refers to the issuance of the first building permit for determining the time period for the temporary sign which also seems to imply a newly 11 -19 -79 -is- i constructed project development. 6. A broad interpretation of Section 34 -140, 2, k, (2), as the applicant proposes, could leave open the possibility that other changes or conversions involving residential projects, or even commercial or industrial projects, such as change of ownership, cosmetic or minor alterations, a new name or marketing approach or any combination of the above might entitle that project to the same signery contained in this section of the Ordinance. 7. There seems to be no conflict in treating the condominium: conversion process as an example of the activity contemplated by Section 34 -140, 2, k, (3) Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. EXPIRATION OF COMMISSIONERS' TERMS AND APPOINTMENTS OR REAPPOINTMENTS The City Manager explained this item involves a discussion of City commissions with regard to commissioners whose terms are nearing expiration and a con sideration of reappointments or new appointments to the commission. He stated the staff is recommending that the Council liaisons with the various commissions review the expiration dates of their respective commission members and advise the Mayor at the first meeting in January as to the status of any reappointments or new appointments to the commissions. Councilmember Kuefler questioned the expiration dates of several commission members in the Park and Recreation Commission and indicated that he thought there may some error in the expiration dates as stated. The City Manager explained that he would research this matter and return to the Council with the verified expiration dates. Councilmember Fignar noted that most of the Planning Commission members are from the west side of the City and suggested a more balanced geographical distribution of commission members. REPORT ON PARK BOND ISSUE Councilmember Kuefler informed the Council of his recent research on previous bond issues within the City. He distributed several promotional brochures concerning past bond issues in the City and.suggested these as possible models for the park bond issue. He noted the City cannot fund the promotion itself but that the City can publish explanatory material regarding the referendum. He suggested that existing civic groups be utilized to promote the bond issue. Councilmember Kuefler outlined a tentative plan of action which would involve a steering committee composed of citizens in Brooklyn Center who would in turn contact and enlist civic groups for their support of the bond issue. He suggested a March or April 1980 target date for the bond issue. He suggested that it would be advisable to enlist citizens and civic groups along with input from the Park and Recreation Commission to promote the bond issue. He requested Council members to return to the i' i with names December 3 1979 City Council meeting w Y g of potential residents who might serve on a steering committee to promote the park bond Councilmember Kuefler noted a general consensus of the City Council to move forward on the park bond issue. LICENSES There was a motion•by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: 11 -19 -79 - -16- MECHANICAL SYSTEM'S LICENSE Comfort Heating 3111 California St. N.E. Faircon, Inc. 80 2nd Ave. S.E. Maple Grove Heating and � Air Conditioning 11440 Lakeland Dr. f RENTAL DWELLING LICENSE Initial: Gary Scherber 4708 Lakeview Ave No. William & Dorothy Goins 6331 Noble Ave. No. Harold Dripps 3612 54th Ave. No. Renewal: Ralph C. Johnson 5440,44 Bryant Ave. No. J. G. Strand 5329 Penn Ave. No. Ernest W. Gertzen 5347,49 Penn Ave. No. Carin Lee Rudolph 5318,20 Queen Ave. No. Dennis Tollefson 5328,30 Queen Ave. No. Gene & Anna Gullord 5337,39 Queen Ave. No. Robert Messersmith 5338 Queen Ave. No. Harold & Howard Swanson 7240 West River Road SIGNHANGER'S LICENSE Scenic Sign Company Box 881, St. Cloud Voting in favor: Mayor,Nyquist, Councilmembers Kuefler, Fignar, Lhotka, -and Scott. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember - Kuefler to adjourn the meeting. Voting . in - favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:17 p.m_ _ Clerk Mayor 11 -19 -79 -17-