HomeMy WebLinkAbout1976 10-18 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
OCTOBER 18, 1976
CITY HALL
Call to Order The Brooklyn Center City Council met in regular
session -and was called to order by Mayor Philip
Cohen at 7:30 p.m.
Roll Call Mayor Cohen, Councilmen Britts, Kuefler, Fignar,
and Jensen. Also present were City Managzr'Donald
Poss, Director of Public Works James Merila, City
Attorney Richard Schieffer, Director of Finance Paul
Holmlund, Director of Planning and Inspection Blair
Tremere, and Administrative Assistants Leon Beasley
and Ronald Warren.
Invocation The invocation was offered by Pastor Roy Lindquist
of Brookdale Covenant Church.
Approval of Minutes Motion by Councilman Kuefler and seconded by
9 -15 -76 Councilman Jensen to approve the minutes of the
September 15 1976 City Council meeting as sub -
mitted. Voting in favor were: Mayor Cohen,
Councilmen Britts, Kuefler, Fignar, and Jensen.
Voting against: none. The motion passed unanimously.
Brooklyn Center Garden The City Manager introduced the first item of business,
Club Commendation that of a proposed resolution commending the Brooklyn
Center Garden Club for the decorative' floral and plant
displays in the Civic Center plaza area. He reported
that this annual Garden Club project results in one of
the finest plaza area displays in the Twin Cities area.
He explained that the Garden Club is responsible for
planning and installing the flower and plant arrange-
ments, and noted that a number of visitors to the City
Hall have commented on this year's Bicentennial
flower arrangement.
The Director of Public Works showed a number of slides
depicting the garden area planter and the Bicentennial
floral arrangement.
Mayor Cohen complimented the Garden Club for their
efforts over the years. Councilman Kuefler expressed
his appreciation, on behalf of the Bicentennial
Commission, for the fine Bicentennial plant arrangement
RESOLUTION Member Bill Fignar introduced the following resolution
NO. 76 -147 and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND
APPRECIATION FOR THE DEDICATED PUBLIC SERVICE
OF THE BROOKLYN CENTER GARDEN CLUB
The motion for the adoption of the foregoing' resolution
was duly seconded by member Maurice Britts, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
Bill Fignar, and Robert Jensen; and the following voted
against the same: none, whereupon said resolution was
declared duly passed and adopted.
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The Mayor announced that the meeting was convened for General Obligation
the consideration of the bids which had been received Improvement Bonds
for the purchase of $980,000 General Obligation
Improvement Bonds of 1976, as advertised for sale. The
City Clerk presented affidavits showing publication of
notice of sale in the official newspaper and in
Commercial West, a financial paper published in
Minneapolis, Minnesota, which affidavits were
examined and found satisfactory and ordered placed on
file.
The City Manager presented the sealed bids which had
been received by him prior to the time specified in the
notice of sale, which were then opened and tabulated.
Such bids were as follows:
Net Interest
Bidder Coupons Price Cost & Rate
BANCNORTHWEST 4.50% 1978 -79 $980,000.00 $359,828.13
Cronin & Marcotte, Inca 4.75% 1980 -83 (5.0396 %)
Paine, Webber, Jackson & Curtis, Inc. 5.00% 1984 -87
5.10% 1988
5.20% 1989
5.30% 1990
5.40% 1991
DAIN, KALMAN & QUAIL, INC. 5.50% 1978 -79 $980,000.00 $361,278.75
Piper, Jaffrey & Hopwood, Inc. 5.00% 1980 -82 (5.05392 %)
Allison- Williams Company 4.60% 1983
4.70% 1984
4.80% 1985
4.90% 1986
5.00% 1987
5.10% 198$
5.20% 1989
5.30% 1990
5.40% 1991
WHITE, WELD & CO. INCORPORATED) 4.75% 1978 -82 $980,000.00 $366,027.50
E. J. PRESCOTT, A DIVISION OF }joint 5.00% 1983 -85 (5.12643 %)
CARLETON D. BEH CO. )Mgrs. 5.10% 1986 -87
Marquette National Bank 5.20 % 1988
5.30% 1989
5.40% 1990
5.50% 1991
THE FIRST NATIONAL BANK OF SAINT PAUL 4095% 1978 -84 $980,000.00 $367,001.87
First National Bank of Minneapolis 4.90% 1985 (5.140 %)
Robert W. Baird & Company 5.00% 1986
5.10% 1987
5.20% 1988
5.30% 1989
5.40% 1990
5.50% 1991
Member Robert Jensen introduced the following RESOLUTION
resolution and moved its adoption: NO. 76 -148
RESOLUTION AWARDING" THE SALE OF $980,000 GENERAL
OBLIGATION IMPROVEMENT BONDS OF 1976, FIXING
THEIR FORM AND SPECIFICATIONS, DIRECTING THEIR
EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR
PAYMENT
10 -18 - 6 -2
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: Philip Cohen, Maurice Britts, Tony Kuefler,
Bill Fignar, and Robert Jensen; and the following voted `
against the same: none, whereupon said resolution
was declared duly passed and adopted.
Planning Commission The City Manager introduced the next item of business
Application Nos. 76041 on the agenda, that of Planning Commission
and 76044 (Meadow Application Nos. 76041 and 76044 submitted by
Corporation) Meadow Corporation.
The Director of Planning and Inspection proceeded with
n a review of Planning Commission Application loos.
76041 and 76044 and the Planning Commission action
at their July 8 and October 14, 1976 meetings relative
to these applications. He stated that Application No.
76041 comprehends a special use permit and site and
building plan approval for a planned residential
development known as Fox Run, consisting of 320 units
on 64.4 acres of land in the vicinity of 69th and Unity
Avenues North. He explained that the proposed project
is to be built in eight separate phases and that the
application is actually comprised of two parts: the
total conceptual plan for the development; and the
site and building plans for the first phase, which is
located at the south end of the property near 69th
Avenue. He stated that the site and budding plan
consideration is only for Phase I and that the Planning
Commission has recommended that development of any
of the subsequent phases be subject to further review
and approval.
The Director of Planning and Inspection stated that the
Planning Commission on July 8, 1976 had tabled
Application No. 76041 to investigate whether an
environmental assessment or an environmental impact
statement was required for this project. He further
stated that it was determined that an environmental
assessment was required and that the applicant had
submitted one to the Environmental Quality Council
which on September 14, 1976 resolved the following:
1. That the environmental assessment on Fox
Run is adequate.
2. That the project is not a major private action
of more than local significance with a potential
for significant environmental effects.
3. That no environmental impact statement is
required.
The Director of Planning and Inspection next reviewed
Application No. 76044 which consists of a- request for
preliminary plat approval for the development. He
stated that the subdivision consisted of twenty lots
on two blocks (Phase I of the development) and ten
outlots which includes roadway from 69th to 73rd
Avenues North.
The Director of Planning and Inspection then reviewed
a transparency and various slides showing the location
and configuration of the property in question.
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Mayor Cohen left the table at 8:25 p.m. and returned
at 8:27 p• m.
A brief discussion ensued with the Director of Planning
and Inspection explaining that the applicant has pro-
posed erecting a four foot high chain link fence and a
berm to buffer his property from the single family
residential property located directly east of the pro-
posed Phase I. He also discussed the applicant's
plans for a waterway system throughout the project.
Councilman Kuefler inquired if Shingle Creek would be
modified due to the applicant's proposals. The Director
of Public Works responded that the proposed plans would
slow some of the drainage into Shingle Creek but would
not alter the creek He added that there would be some
holdup of drainage but that it would not cause flooding
or drying up of the area and that the waterway would be
a reflection of the water table for that area He com-
mented that the applicant's proposal would not
adversely alter the existing situation.
Further discussion ensued relative to the proposed
fencing and berming. Councilman Britts inquired if
there had been any meetings between the applicant
and affected property owners relative to the fencing
and berming. The Director of Planning and Inspection
responded that the applicant had proposed this
buffering at the October 14 Planning Commission
meeting in response to some concerns that were
expressed by residents at the July 8 meeting. He
stated that the affected property owners were notified
of the October 14 Planning Commission meeting, but
that none were in attendance. He further stated that
he was not aware of any other meeting between the
applicant and the affected property owners.
The Director of Planning and Inspection next reviewed
the proposed site and building plans for the two and three
bedroom multifamily dwellings. He explained that the
applicant plans to plat the property so that each unit
can be individually sold. He added that the applicant
has also -expressed the opinion that the current ordinance
should be amended to allow all units in the development
to be two unit single family attached dwellings rather
than the current requirement for a certain percentage of
townhouse type units. He noted that the ordinance
defines a townhouse as three or more attached units.
He also stated that the density of the project would be
less than the maximum permitted by the ordinance.
Mayor Cohen recognized Mr. Duane Dietrich, represent-
ing the applicant. Mr. Dietrich briefly reviewed his
plans for the development of the Fox Run project, pointing
out that two bedroom units would contain approximately
924 square feet on one level while three bedroom units
would be 1 024 to 1 , 044 square feet. He explained that .
the design comprehends a split entry design with
` A expansion allowable on the lower level. He stated that
although he is prepared to build a certain percentage of
townhouses, he would prefer the flexibility of providing
predominantly two family dwellings. He asked that the
Council consider modification of the zoning ordinance to
so permit. -
In response to a question by Councilman Jensen
regarding preference for two family rather than town-
house units, Mr. Dietrich stated that the two family
units are more marketable because of the present -
preference of buyers to buy a unit that is as close to
being a single family detached home as possible-.
In response to an inquiry by Councilman Fignar,, Mr.
Dietrich stated that the projected cost for a two
bedroom unit without embellishments is $3q,, 000 while
approximately $37,200 is projected for the three
bedroom units. A brief discussion ensued relative to
the economics and marketability of the planned
development and the need for moderate cost housing.
Public Hearing Mayor Cohen opened the meeting for purposes of
public hearing. He noted that the residents of 6937,
6913, 6919, 6918, and 6843 Toledo Avenue North and
7043 Regent Avenue North were in attendance.
Mayor Cohen then recognized Mr. Miller, 6919 Toledo
Avenue North, who expressed his concern that the
project may cause drainage problems for residents
abutting the property. He also stated that traffic
on nearby streets would be increased causing more
problems. He noted there were a number of multiple
family dwellings within the immediate area that were
not being occupied and stated that there is presently
more housing in the area than is needed. He further
stated that the Fox Run development would cause the
demise of a he
area that is appreciated by many
of the neighboring residents.
The Director of Public Works commented that drainage
of the abutting property was such that with the addition
of a swale there generally should be no problems to
the abutting property owners and that any isolated
drainage problems could be resolved.
Mayor Cohen next recognized Mr, Ken Lundgren, 693
Toledo Avenue North, who stated that he had not
received an official notice of this evening's meeting.
He also commented relative to the aesthetics and
smell of the drainage ditch and his concern for the
loss of wildlife and green spaces in the area He
stated that it would have been desirable to have had
discussion with the developer relating to the recently
proposed berming and fencing prior to this evening's
meeting.
Mayor Cohen then recognized Mr. Rhatigan, 6913
Toledo Avenue North, who noted the number of schools
in the immediate vicinity of the proposed project. He
stated that the project would cause an increase in
traffic and may very well cause safety problems for
children in the area. He inquired as to when the
roadway through the project to 73rd Avenue North was
anticipated to be completed. He also commented as
to the marketability of units on the north side of the
project near an already existing large apartment
complex,
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Mr. Dietrich responded that the roadway would be com-
pleted to 73rd Avenue during Phase V of the project,
which is approximately the half way point in the number
of units to be developed. He stated that it is antici-
pated that it will take approximately two years to reach
Phase V.
Mayor Cohen recognized Mrs. Rhatigan, 6913 Toledo
Avenue North, who stated that a number of her neighbors
could not be in attendance at this evening's meeting
because they had not received notice of the meeting
until this morning. She commented that the proposed
project would increase the traffic volume and that the
traffic situation in the immediate area, especially in the
mornings, is already a problem. She inquired if the City
of Brooklyn Park had commented relative to the proposed
project. She added that even if the project is bermed,
abutting residents will still have to look at the townhouse
development. She also commented that she was concerned
about the loss of wildlife in the area due to the develop -
ment of Fox Run. Councilman Jensen inquired of Mrs.
Rhatigan if she would object if the area was proposed to
be developed with single family detached dwellings.
She responded that she would not object as much if the
area was to be used for single family homes.
Mr. Meyer, 6843 Toledo Avenue North, commented
relative to the amount of pedestrian and vehicular traffic
on 69th Avenue and added that the proposed development
would cause additional traffic and safety problems,
Tracy Tyler, 7043 Regent Avenue North, stated that he
has had problems with water in his basement and inquired
if the area in question has an effect on the water table
and if the proposed development would adversely affect
his already existing problem. The Director of Public
Works responded that the water level of the drainage
ditch in the Fox Ruiz area is five to six feet below the
level of Mr. Tyler's basement. He explained that there
is peat material between Mr. Tyler's home and the
drainage ditch that may have something to do with his
water problems. He stated that the proposed project
would not affect the current water level or drainage
status in the area.
In response to an inquiry by Councilman Britts relative
to the notifications sent to neighboring property owners,
the City Manager stated that the Planning Commission
met relative to Planning Commission Application No.
76041 on Thursday, October 14, and recommended
approval of the application. He explained that notices
were sent to the affected property owners on Friday,
October 15, informing them of this evening's meeting,
The Director of Planning and Inspection reviewed a
chronology of notices sent to affected property owners
dating back to July 8, 1976 Planning Commission meeting,
A brief discussion ensued relative to the notification of
property owners. The resident of 6913 Toledo Avenue
North stated that the only notice he had received was
the one for the July 8 Planning Commission meeting.
10 -18 -76 -6-
Mayor Cohen commented that the developer seems to
be willing to communicate and added that he would
like to see further communication relative to the
project between the developer and the neighboring
property owners. He further stated that it would be
nice to leave the land in its present undeveloped
state, which would provide an area for wildlife but
that the applicant has a right to develop his land
provided it meets ordinance requirements.
Mayor Cohen again recognized the resident of 6913
Toledo Avenue North who stated that the proposed
development with its abundance of open water may
well create a breeding area for mosquitoes.
Close Public Following further discussion there was a motion by
Hearing Councilman Britts and seconded by Councilman Fignar
to close the public hearing. Voting in favor were:
Mayor Cohen, Councilmen Britts, Kuefler, Fignar,
and Jensen. Voting against: none. The motion
passed unanimously.
A lengthy discussion ensued relative to the application.
Mayor Cohen suggested that the developer meet with
abutting property owners prior to the final plat
approval for the development to discuss and review
the plans for the development with the affected
property owners. The City Manager corrected an
earlier statement by explaining that building permits
for large condominium projects such as this one have
been issued prior to final plat approval by the Council.
He stated that this is done because of the need for
the precise location of a structure at the time of
platting.
A brief discussion ensued relative to extending an
opportunity for further communication between the
concerned parties. Councilman Kuefler suggested a
stipulation be added to the action approving this
application requiring the developer to meet with
abutting property owners to review the plans prior
to building permits being issued. Mayor Cohen
stated that he would like the staff to establish a
meeting and report the results of this meeting to the
Council. Councilman Britts commented that the best
way to proceed may be to table the application giving
the developer and the affected property owners the
opportunity to meet and review the matter.
Councilman Fignar favored approving the application -
subject to a meeting being held prior to the issuance
of permits.
Councilman Jensen summarized the arguments put
forth in opposition to the development and stated that
these matters can be addressed to. He further stated
that he favors approving the application provided the
applicant meets with the neighboring property owners
to review the plans for possible minor modification.
Action Approving Following further discussion there was a motion by
Planning Commission Councilman Kuefler and seconded by Councilman' Fignar
Application No. 76041 to approve Planning Commission Application No. 76041
(Meadow Corporation) submitted by Meadow Corporation subject to the
following:
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r
1 . Drainage grading and utility plans are subject
to approval by the City Engineer prior to the
issuance of building permits.
2. Building plans are subject to the approval of the
Building Inspector with respect to applicable
building codes prior to the issuance of building
permits.
3. A performance agreement and supporting financial
guarantee (in an amount to be determined by the
City Manager) shall be submitted to assure com-
pletion of approved site improvements for each
phase.
4. All required easements shall be documented and
filed with the City prior to occupancy of the
constructed units.
S. Site and building plans approval comprehends
Phase I, and subsequent phases shall constitute
amendments to the special use permit and shall
be subject to review by the Planning Commission
and City Council prior to issuance of permits for
those phases.
6. All roadways, utilities, and street lighting shall
conform to City standards for public facilities.
7. The entire site shall be platted according to the
requirements ,of the City Ordinances.
8. The ownership, management and maintenance of
all outside common areas and common facilities,
including roadways, utilities and street lighting
shall be under the jurisdiction of one homeowners'
association.
9. Homeowners' association agreements and bylaws
shall be submitted to the City; shall be subject
to review and approval by the City Attorney; and
shall include:
a. Provisions for the City to provide maintenance
and revitalization of roadways, utilities and
other common use facilities in the event the
City Council deems such maintenance and
revitalization necessary; with the cost of
such expense which might be incurred to be
assessed to the property owners;
b. Provisions for water and sewer main and fire
hydrant maintenance and inspection agree -
ments pursuant to Section 35 -410 (5) of the
City Ordinances.
.10. The waterway indicated on the approved plans
shall be appropriately designed and maintained
as an amenity to the site, with water freestanding
at all times as climatic conditions permit.
11 . Approval is subject to all provisions and conditions
of the special use permit for planned residential
developments in the R -3 district.
10 -18 -76 -8-
12. The specific design of an access onto 73rd
Avenue North shall be subject to consultation
with Brooklyn Center City Engineer and
appropriate negotiation with the City of
Brooklyn Park.
13, The City Manager shall initiate a meeting with
the developer and neighboring residents to
review the project as it abuts and affects the
neighboring property. No building..permits for
Block One are to be issued until the results
of this meeting with area residents are sub-
mitted to the City Council at the November 8,
1976 City Council meeting for any possible
modifications and subsequent amendments that
may be included in the plan approval.
Voting in favor were: Mayor Cohen, Councilmen
Britts, Kuefler, Fignar, and Jensen. Voting against:
none. The motion passed unanimously.
Recess The Brooklyn Center City Council recessed at 10:40 p.m,
and resumed at 10:55 p.m.
Action Approving Following a brief discussion there was a motion by
Planning Commission Councilman Britts and seconded by Councilman Fignar
Application No. 76044 to approve Planning Commission Application No.,
(Meadow Corporation) 76044 submitted by Meadow Corporation subject to
the following conditions:
1. Final plat is subject to approval by the City
Engineer.
2. Final plat is subject to the requirements of
Chapter 15 of the City Ordinances.
Voting in favor were: Mayor Cohen, Councilmen Britts,
Kuefler, Fignar, and Jensen, - Voting against: none.
The motion passed unanimously.
Planning Commission The City Manager introduced the next item of business,
Application No: 76052 that of Planning Commission Application No. 76052
(W, J. Dale) submitted by W. Jo Dale:
The Director of Planning and Inspection proceeded with
a review of Planning Commission Application No.
76052 and the Planning Commission action at their
October 14, 1976 meeting. He stated that the applicant
was seeking preliminary plat approval for the property
located north and west of Trunk Highway 100 south
of Lakebreeze Avenue, He explained that the proPerty
was that portion of the Lakebreeze addition which had
been included in the rezoning action under
Application No, 76009, approved July 26, 1976 He
further explained that a condition of the rezoning
approval was that the property be replatted prior to
development and that when the final plat is filed,
rezoning from I -2 to C -2 would take effect. He next
reviewed a transparency showing the location and
configuration of the property in question. A brief
discussion ensued relative to the application.
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Following he discussion her w
there as a
motion g t on b - A Action Approving
Y A o
Pp g
Councilman Britts and seconded by Councilman Fignar Planning Commission
to approve Planning Commission Application No. Application No. 76052
76052 submitted by W. J. Dale subject to the (W. J. Dale)
following conditions:
1. Final plat is subject to approval by the City
Engineer.
2. Final plat is subject to the requirements of
Chapter 15 of the City Ordinances.
Voting in favor were: Mayor Cohen, Councilmen
Britts, Kuefler, Fignar, and Jensen. Voting against:
none. The motion passed unanimously.
The City Manager introduced the next item of business Planning Commission
on the agenda, that of Planning Commission Application No. 76055
Application No. 76055 submitted by J. Y. J. (J. Y. J. Corporation)
Corporation.
The Director of Planning and Inspection proceeded with
a review of Planning Commission Application No. 76055
and the Planning Commission action at their October 14,
1976 meeting. He stated that the applicant is seeking
a special use permit to allow commercial retail activity
at the former Kennedy -Cohen Building, 2400 Freeway
Boulevard. He explained that commercial uses were
special uses in the I -1 Industrial Park District. He
commented that the applicant at this time had a short
term lease with the owner, Fa B. S. Financial, Inc.,
and was considering purchasing the building. He
further stated that since Kennedy -Cohen had vacated
the premises the site improvements had deteriorated
substantially and virtually all of the sodding had died.
He noted that the Planning Commission had recom-
mended that, not withstanding the short term occupancy
proposed by the applicant, the status of site improve -
ments should be reviewed with the intent of assuring
upgrading during the next construction season. He
explained that the applicant was in the process of
occupying the premises as a permitted wholesale
distribution use and that the proposed retail com-
mercial activity would be an additional related
activity involving general merchandise.
He next reviewed slides showing the location and
configuration of the property in question, pointing out
various deteriorated site improvements that must be
addressed to A brief discussion ensued relative to the
application.
Mayor Cohen recognized Mr. Don Yablonsky, repre-
senting the applicant, who briefly reviewed the activity
proposed for the site. He explained that the business
buys large lots of goods from financially troubled
businesses and periodically offers these items for
retail sale. He stated that basically the business is
a wholesale distribution operation but occasionally needs
the capability of offering merchandise through a retail
commercial activity. In response to an inquiry by the
City Manager, Mr. Yablonsky stated that when the
business has a large volume of merchandise, such as
women's leather coats, they would advertise as to the
10 -15 -76 -10-
date and time of their proposed retail sale. He
explained that the Kennedy -Cohen Building offers
them the right amount of access to freeways and the
visibility needed to make their sales successful.
In response to a question by Councilman Fignar,
Mr. Yablonsky stated that J. Y. J. Corporation has
a three month lease with a one month option on the
Kennedy -Cohen Building.
Mayor Cohen next recognized Mr. Tim Hamilton, who
represented F. B. S. Financial, Inc., `owners of the
building. He stated that F. B. S. has no objection
to making the necessary site improvements, but
objected to the requirement that F. B. S. submit a
performance agreement and financial guarantee to
assure completion of the required improvements.
Mayor Cohen responded that the City is concerned
that site improvements and upgrading be accom-
plished, thus the rationale for the performance
guarantee The City Manager stated that past
experience has shown the City that the best way to
assure site improvements is to make the owner of
the building responsible for thorn. He added that
the ordinance requires that the owner submit the
performance agreement and supporting financial
guarantee. A brief discussion ensued relative to the
required site improvements.
Public Hearing Mayor Cohen opened the meeting to notified property
owners. It was noted that no one spoke relating to
the application,
Action Approving Following further discussion there was a motion. by
Planning Commission Councilman Jensen and seconded by Councilman
Application No. 76055 Britts to approve Planning Commission Application
(J.Y. J. Corporation) No. 76055 submitted by J. Y. J. Corporation subject
to the following:
1. The permit is issued to the applicant as
operator and is not transferable.
2. A portion of the required parking spaces may
be deferred as indicated on the plans approved
under Application No. 74022 until such time
that the installation of the additional spaces
is deemed necessary by the City Council;
provided the deferred area is planted and
maintained with viable turf and vegetative
material.
3. A portion of the required underground irrigation
may also be deferred as indicated on the
approved plans for the area north of the
building and parking lot; provided that such
system shall be extended to the north
boundary greenstrip at such time that the.
deferred parking is installed.
4. The site lighting shall be repaired and /or
installed so that it will be functional prior
to issuance of the permit.
5. All landscaping and parking lot improvements
shall be rejuvenated, replaced or installed
consistent with the approved site plans.
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III r.
6. A performance agreement and supporting
financial guarantee (in an amount to be deter-
mined by the City Manager) shall be submitted
to assure completion of required improvements
prior to issuance of the permit.
Voting in favor were: Mayor Cohen, Councilmen Britts,
Kuefler, Fignar, and Jensen. Voting against: none.
The motion passed unanimously.
The City Manager inquired if the Council would be industrial /Commercial
receptive to developing a maintenance code for Maintenance Code
industrial and commercial properties. Councilman
Jensen commented that the City presently has a
maintenance code for residential properties and that it
would seem logical to also have a maintenance code for
industrial and commercial properties. Following a
brief discussion it was the consensus of the Council that
the City Manager prepare an industrial /commercial
maintenance code for the Council's consideration.
The City Manager introduced the next item of business Chippewa Park
on the agenda, that of a review of the rental dwelling Rental Dwelling
license for the Chippewa Park apartments. He stated- License Review
that the matter had been deferred at the October 4, 1976
City Council meeting to this evening's meeting in order
that the owner would be given an opportunity to address
the City Council. He explained that when the apart -
ments' license was reviewed for renewal a number of
concerns were put forth relative to the site work on
the property. He further explained that the owner of
the property has been notified of these concerns and
has been making an effort to improve the management
of the complex, The City Manager stated that the
number of police calls, an item that often indicates
the operation of an apartment complex, has gone down
in recent months.
The Director of Planning and Inspection proceeded to
review slides showing the condition of the Chippewa
Park apartments site and pointed out the areas where
trees were missing and the landscape had deteriorated.
Mayor Cohen recognized Mr. Harold Liefschutz, owner
of the Chippewa Park apartments, who stated that he is
attempting to improve the quality of riving at the apart-
ment complex and to improve the site totally. He
explained that there were a number of problems when he
took over the ownership of the apartment, many related
to the quality of tenants living in the buildings. He
commented that he is attempting to attract a better
quality tenant by improving the physical appearance
of the complex. He stated that much of his effort has
been initially directed at improving the individual units
and that it is his intention to address the site problems
as soon as possible, and that it is a matter of economics
as to how much he can accomplish at one time. He
further stated that he plans to retain ownership of the
complex for a long time and asked the Ccuncil to be
patient with his efforts to improve the site.
10 -18 -76 -12-
A brief discussion ensued relative to the status of
improvements made to the apartment complex and to
the rental dwelling licensing process. Councilman
Kuefler stated that he was of the opinion that Mr.
Liefschutz was making a good faith effort to improve
the entire complex and agreed with the City
Manager's recommendation that the rental dwelling
license be approved.
Action Approving Following further discussion there was a motion by
Rental Dwelling Councilman Kuefler and seconded by Councilman
License Fignar to approve the rental dwelling license for the
Chippewa Park apartments. Voting in favor were:
Mayor Cohen, Councilmen Britts, Kuefler, Fignar,
and Jensen. Voting against none. The motion
passed unanimously.
Renovation of Old The City Manager reported that the City of Brooklyn
City Hall Park had recently approved a joint powers agreement
with the City of Brooklyn Center whereby they will
participate in the financing for the renovation of the
old City Hall at 7100 Brooklyn Boulevard to be
utilized by CEAP. He stated that an agreement
between the City of Brooklyn Center and the Brooklyn
Center Jaycees has been drawn up which provides
for the renovation of the old City Hall and estab-
lishes the responsibilities of both parties. He
briefly. reviewed the agreement, pointing out that the
Jaycees will agree to contribute the necessary labor,
skills, services and tools for the renovation of the
property, while the City will acquire and supply
the necessary materials and extraordinary services,
skills and labor items needed to 'refurbish the pro -
perty. He stated that it is anticipated that the
renovation project will be completed by July 1 1977
The City Manager next presented and reviewed the
plans for the renovation of the old City Hall and the
schedule of work tasks for the Council's considera-
tion. Mayor Cohen recognized Mr. Rich Higgins,
a member of the Brooklyn Center Jaycees, who
participated in a discussion relating to the plans
and the schedule of work tasks for the old City Hall
renovation project. Mr. Higgins stated that it is
hoped that enough of the renovation project can be
completed prior to Christmas so that CEAP may be
able to move in by that date. The City Manager
pointed out that the plans call for exterior ramps to
provide accessibility for handicapped persons making
use of CEAP services.
A discussion then ensued relative to the responsibility
of the City to assure that the building is in com-
pliance with various building and electrical codes
Action Approving Motion by Councilman Britts and seconded by
the Plans and Councilman Fignar to approve the plans and the
Schedule of schedule of work tasks for the renovation of old
Work Tasks City Hall located at 7100 Brooklyn Boulevard.
Voting in favor were: Mayor Cohen, Councilmen
Britts, Kuefler, Fignar, and Jensen. Voting against:
none. The motion passed unanimously.
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Motion by Councilman Jensen and seconded by Action Authorizing
Councilman Kuefler to authorize the Mayor and City the Execution of
Manager to execute an agreement: with the Brooklyn an Agreement
Center Jaycees to provide for the renovation of 7100
Brooklyn Boulevard for occupancy by Community
Emergency Assistance Program, Inc. (CEAP) . Voting in
favor were: Mayor Cohen, Councilmen Britts, Kuefler,
Fignar, and Jensen. Voting against: none. The motion
passed unanimously.
Member Tony Kuefler introduced the following resolution RESOLUTION
and moved its adoption: NO. 76 -149
RESOLUTION TO APPROPRIATE FUNDS IN THE CAPITAL
PROJECTS FUND FOR THE REMODELING OF THE CITY
OWNED STRUCTURE AT 7100 BROOKLYN BOULEVARD;
TO APPROVE EXPENDITURES FOR INDIVIDUAL WORK
TASKS; AND TO TRANSFER FUNDS FROM THE FEDERAL
REVENUE SHARING FUND TO THE CAPITAL PROJECTS
FUND
The motion for the adoption of the foregoing resolution
was duly seconded by member Robert Jensen, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
Bill Fignar, and Robert Jensen; and the following voted
against the same: none, whereupon said resolution
was declared duly passed and adopted.
Motion by Councilman Britts and seconded by Licenses
Councilman Fignar to approve the following licenses:
GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE
G &. H Sanitation, Inc. Gypsy Lane
Hollies Rubbish Service 5533 Logan Ave. N.
Waste Control 95 W. Ivy St.
MECHANICAL SYSTEMS LICENSE
Kleve Heating & Air
Conditioning 13075 Pioneer Trail
RENTAL DWELLING LICENSE
Renewal:
Harold Liefschutz Chippewa Park Apts.
Isolda Gilles 4715 France Ave. N.
Fred M. Seed Twin Lake North Apts.
Voting in favor were: Mayor Cohen, Councilmen
Britts, Kuefler, Fignar, and Jensen. Voting against:
none. The motion passed unanimously.
Member Bill Fignar introduced the following resolution RESOLUTION
and moved its adoption: NO. 76 -150
RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE TRAFFIC CLASSIFICATION
AGREEMENT NO. 58401 WITH THE STATE OF
MINNESOTA, DEPARTMENT OF HIGHWAYS
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: Philip Cohen, Maurice Britts, Tony Kuefler,
Bill Fignar, and Robert Jensen; and the following voted
against the same: none, whereupon said resolution
was declared duly passed and adopted.
10 -18 -76 -14-
Clarification of The City Manager requested a clarification regarding
Moratorium on a motion passed at the October 4, 1976 City Council
Variances meeting relating to a sixty day moratorium on side
yard setback variances. He stated that the minutes
of that meeting reflect that the moratorium was for
all side yard setbacks while it was his understanding
that the moratorium applied only to side yard setback
variances involving attached garages.
Following a brief discussion there was a motion by
Councilman Jensen and seconded by Councilman
Britts to clarify the motion passed at the October 4,
1976 City Council meeting to explicitly establish a_
sixty day moratorium on the consideration of side
yard setback variances for single family dwellings
with attached garages. Voting in favor were: Mayor
Cohen, Councilmen Britts, Kuefler, Fignar, and
Jensen. Voting against none. The motion passed
unanimously.
LOGIS Request The City Manager introduced the next item of business,
that of a request by the Local Government Information
Systems Association ( LOGIS) to enter into an agree-
ment with the City of Brooklyn Center whereby LOGIS
would utilize the City's personnel payroll system on
a reimbursement basis. The City Manager explained
that LOGIS will be moving its office spaces from its
present location at the Metropolitan Council to the
Brooklyn Center Industrial Park within the near future
and is faced with a payroll problem. He stated that
it has been proposed that the City make its payroll
system available for paying LOGIS employees. He
further stated that the City would be reimbursed on
a monthly basis and that the providing of this service
would not be a burden on the City's present payroll
operation. He explained that LOGIS tentatively
proposes to accept the .City's personnel practices
and procedures such as those for vacation, sick
leave, and holiday leave to make the operation, of
this service uniform. He further explained that this
agreement is for payroll services only and that LOGIS
employees will not be construed as employees or
agents of the City of Brooklyn Center. He commented
that if LOGIS had located in another City which is
a member of the joint powers agreement, that this
same request, to provide payroll services, would
have been made to that City's Council.
Action Authorizing Following a brief discussion there was a motion by
the Execution of Councilman Kuefler and seconded by Councilman
an Agreement Jensen to authorize the Mayor and the City Manager
to execute an agreement with the Local Government
Information Association ( LOGIS) to provide certain
payroll /personnel administration services Voting
in favor were: Mayor Cohen, Councilmen Britts,
Kuefler, Fignar, and Jensen. Voting against none.
The motion passed unanimously.
City Council /Planning The City Manager announced that Saturday,
Commission Bus Tour November 6, 1976, has been tentatively set as the
and Meeting day for the Council requested bus tour of the City
with members of the Planning Commission. He
stated that either November 10 or November 18 has
been tentatively set for a joint City Council /Planning
Commission meeting to discuss the side yard setback
question for single family dwellings with attached
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garages. He explained that final dates and times of
these events would be confirmed in a memo which will
be sent within the next few days.
Motion by Councilman Fignar and seconded by Adjournment
Councilman Britts to adjourn the meeting. Voting in
favor were: Mayor Cohen, Councilmen Britts, Kuefler,
Fignar, and Jensen. Voting against: none. The
motion passed unanimously. The Brooklyn Center
City Council adjourned at 12 :20 a.m.
Clerk Mayor