HomeMy WebLinkAbout1979 11-19 CCP Regular Session CITY COUNCIL AGENDA
City of Brooklyn Center
0 November 19, 3.979
7 :00 p.m.
Call to Order
Roll Call
Invocation
N0 ✓,
Approval of Minutes - , 1979 (regular session) .S
--November 6, 1979 (special session)
Open Forum
Final Plat Approval:
- Brookdale 2nd Addition, located between Brooklyn Boulevard & Xerxes
Avenue north of County Road 10 and Northway Drive. The City Council
approved the preliminary plat on July 25, 1979 under Application
No. 79033.
Subdivision Bond Releases /Reductions:
- Reductions 21
a. The Ponds, Plat II, Unity Avenue North
b. Linder's lst Addition, 73rd Avenue North and Camden Avenue Northw��_
- Releases
a. Robert Barr Addition, Lakeside Avenue and Twin Lake Avenue North
b. Faith Community Church of God, south of 67th Avenue between Bryant
and Colfax
Performance Bond Releases /Reductions
Reduction
a. The Ponds, Plat II, III, IV, and VII, Unity Avenue North
- Releases
a. Emerson Chalet, 1200 - 67th Avenue '
b. Brookdale Towers Apartments, 6915 Humboldt Avenue North
Fire Relief Association Actuary Presentation (7:30 p.m.)
Resolutions:
/� Calling for a Public Hearing on an Industrial Revenue Bond Proposal
"l ✓ 6 b from Swenson Carriage House
Z r� Appropriating $19,690 in the Capital Projects Fund as the City's Matching
(/ Funds for the Shingle Creek Trailway LAWCON Project No. 2 5 - r-
Appropriating $7,815 in the Capital Projects Fund as the City's Matching
Funds for the Central Park LAWCON Project No. 2 Fl L
Authorizing the Purchase of 4,000 Gallons No. 2 Diesel Fuel
- It is recommended the quotation of Rollins Oil Company in the amount
of $3,556 be accepted. + 5
CITY_COUNCIL AGENDA -2- November 19, 1979
e. Authorizing the Purchase of 11,000 Gallons No. 2 Heating Oil
-It is recommended the quotation of Rollins Oil Company in the amount
of $9,119 be accepted.
f. Authorizing the Issuance of Temporary Improvement Notes
11. Planning Commission Items (8:30 p.m.):
a. Application No. 79055 submitted by Edwin Kauffman /Village Builders
The applicant requests to rezone from Cl to R3 a .9 acre parcel at
the southeast corner of Logan and 58th Avenues North. The Planning
Commission recommended approval of the application at the November 8, 1979
Planning Commission meeting.
b. Application No. 79056 submitted by Edwin Kauffman/Village Builders
-The applicant seeks site and building plan approval for an eight unit
townhouse complex at the corner of 58th and Logan Avenues North.
The Planning Commission recommended approval of the application at
the November 8, 1979 Planning Commission meeting.
c. Application No. 79063 submitted by Lawrence Rudenick
-The applicant seeks preliminary plat approval to create three lots
out of two existing lots at the corner of 69th and Oliver Avenues North.
The Planning Commission recommended approval of the application at the
November 8 1979 Planning Commission meeting.
d. Application No. 79066 submitted by Darrell A. Farr Development Corporation/
Jay Joyner
-The applicant seeks an appeal from a ruling by the Building Official that
the Beach Apartment complex is not entitled to freestanding promotional
signery to advertise its conversion to condominiums. The Planning
Commission recommended that the Building Official's interpretation of the
Sign Ordinance be upheld at the November 8, 1979 Planning Commission meeting.
12. Authorization for Independent Audit Agreement c0
-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.
13. Approval of Fire Relief Association Investment
-It is recommended that a motion be made by the City Council approving the Fire-
Relief Association 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.
14. Discussion Items:
a. Emergency Rehabilitation Loan Procedure
b. Preliminary Approval of Year Two Community Development Projects
c. Recommendations for Shelter Locations for the MTC's 1980 Passenger Waiting
Shelter Program
d. Appointment to Northwest Hennepin Human Services Council Advisory Commission
CITY COUNCIL AGENDA -3- November 19, 1979
e. Expiration of Commissioners' Terms and Appointments or Reappointments
-This item involves a discussion of City Commissions with regard to
Commissioners whose terms are nearing expiration and the consideration
of reappointments or new appointments to the Commissions.
f. Report on Park Bond Issue - Councilman Kuefler
15. Licenses
16. Adjournment
I I
Ij
j 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 5, 1979
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to
order by Mayor Dean Nyquist at 7:05 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, Park and Recreation Director Gene
Hagel, City Attorney Richard Schieffer, and Administrative Assistants
Brad Hoffman and Tom Bublitz.
INVOCATION
The invocation was offered by Pastor Malakoff of the Brooklyn Center
V
Baptist Church.
APPROVAL OF MINUTES - SEPTEMBER 17, 1979, SEPTEMBER 26, 1979 & OCTOBER
22, 1979
There was a motion by Councilmember Lhotka and seconded by Councilmember
Fignar to approve the minutes of the special City Council meeting of
September 17, 1979 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 Scott and seconded by Councilmember
Kuefler to approve the minutes of the special City Council meeting of
September 26, 1979 as submitted. Voting in favor: Mayor Nyquist, Council-
members Kuefler, Lhotka Voting Scott. Votin against:
none. The motion
passed. Councilmember Fignar abstained from voting as he was not present
at the September 26, 1979 meeting.
There was a motion by Councilmember Fignar and seconded by Councilmember
Lhotka to approve the minutes of the City Council of October 22, 1979 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 not received any requests to use
the Open Forum session. 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.
PERFORMANCE BOND RELEASES AND REDUCTIONS
The City Manager introduced the performance bond .releases and reductions
as the next agenda item. He noted that the performance bond reductions
included the Holiday Inn, located at 1501 Freeway Boulevard; Northbrook
•
Shopping in Center , located at 1912 57th Avenue North, the Smoke H
aus ,
located
at 5001 Drew Avenue North; Ewing Square, located at 61st and France Avenue
North; and Real Estate 10, located at 7240 Brooklyn Boulevard. He also
noted the performance bond releases which included Brookdale Towers Apart-
11-5-79 -1-
ments, located at 6915 Humboldt Avenue North and Denny's Restaurant,
located at 3901 Lakebreeze Avenue. The City Manager explained that the '
City staff has recommended that the performance bond release for Brook
dale Towers Apartments be withdrawn since the sodding has not been
completed on this project.
There was a motion by Councilmember Kuefler and seconded by Councilmember
Scott to approve the reductions of the performance bonds at Holiday Inn,
1501 Freeway Boulevard; Northbrook Shopping Center, 1912 57th Avenue
North; - Smoke -Haus, 5001 Drew Avenue North; Ewing Square, 61st and France
Avenue North, Real Estate 10 7240 Brooklyn Boulevard, and the performance
bond release at Denny's Restaurant, 3901 Lakebreeze Avenue. 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 authorizing an additional $20,OOfl
in funding for CEAP. He also noted that a representative from CEAP was
present in the audienbe.
In discussion of the resolution, Councilmember Lhotka stated that he could
not justify, in his mind, the spending of an additional fi$20 000 for LEAP.
He explained that the original dollars appropriated for CEAP were hard to
justify in his estimation and that he could not justify additional funding,
for the program. He explained other City programs may have to be put aside
because of the $20,000 appropriation for CEAP. He also noted that, after
a discussion with the CEAP staff, he feels that the new building will be
built with or without the additional $20,000.
Mayor Nyquist recognized Mr. Ed. Theisen, a member of the CEAP board of
directors, who was present in the audience Mr. Theisen expressed his
appreciation to the City staff and the City Council over the past two
years for their support of the CEAP organization.
Mayor Nyquist explained the Council had previously discussed the ending
of CEAP in its present structure and the change of the organization to a
strictly volunteer organization. He stated this was his understanding,
that the CEAP organization would become completely volunteer, The City`
Attorney explained it was his understanding the language the Council
desired in the agreement with CEAP was that CEAP would not return to the
City Council to ask for additional funding during the five year period
covered by the agreement. He also noted the Council may add a statement
to the resolution authorizing an additional $20,000 in funding for CEAP
which would state the City Council does not intend to appropriate any
additional funding for CEAP for the next five years. He also added this
period could be extended to ten or fifteen years depending on the desires
of the City Council. Mayor Nyquist expressed his concern that after the
five year period, CEAP could possibly come back and request additional
funding from the City. He explained it was his understanding that CEAP
would continue as a strictly volunteer organization. The City Manager
noted that even as a volunteer organization CEAP may wish to seek addi-
tional funding from the City at some time in the future. The Council
could consider a statement to be included in the resolution to the effect
it was the Council's intention not to fund CEAP beyond the five year
period covered by the agreement between CEAP and the City of Brooklyn'
Center. Councilmember Kuefler agreed such a statement, indicating that
it is not the intention of the Council to appropriate funding to CEAP
beyond the five year contract, be added to the resolution.
11 -5 -79 -2-
RESOLUTION NO. 79 -256
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY
OF BROOKLYN CENTER AND THE COMMUNITY EMERGENCY ASSISTANCE PROGRAM
INCORPORATED FOR THE PROVISION OF SERVICES
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, and
Celia Scott; and the following voted against the same: Gene Lhotka,
whereupon said resolution was declared duly passed and adopted.
The City Manager introduced a resolution authorizing the execution of
a contract for work at Unity Avenue culvert. Councilmember Kuefler
inquired whether the culvert was originally installed by the developer
with the City's design. The Director of Public Works explained the City
had an agreement with the developer to design all improvements including
streets, sewers and culverts. He added, under the agreement the developer
would pay for all improvements and be responsible for the initial installa-
tion. He explained two designs for the culvert were originally developed.
He added the shortcoming of the choice in design is now apparent. He
stated the original project was installed at the developer's cost and
the City staff feels it is reasonable for the City to pay for the correction
in this instance. Councilmember Kuefler questioned how the cost of
correcting the.culvert installation would be obtained. The Director of
Public Works explained that the funding for the-project would come from
state aid money.
RESOLUTION NO. 79 -257
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID FOR INSTALLATION OF STEEL SHEET PILING DIKE
AT UNITY AVENUE CULVERT
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 L a S g ainst the same: none, g
whereupon said resolution was declared duly passed and adopted.
The City Manager introduced a resolution approving Supplemental Agreement
No. l to Contract 1979 -D for Shingle Creek Parkway. Councilmember Kuefler
inquired what the total cost of the project would be. The Director of
Public Works explained the original cost was $894,000 and that the addi-
tional cost would be $305,000, bringing the total project cost to $1.28
million. He added that 70% of the original project cost would be assessed
to the developer and 300 of the project cost would be obtained from municipal
state aid funds. He noted the City would pay the major share of the addi-
tional cost with state aid funds and indicated that there are presently
$891,000 in unencumbered state aid funds available. The City Manager
explained that the alternative would be to rehear the entire project.
The Director of Public Works explained that the 20 feet of peat soil in
the area resulted in the additional project expense. Councilmember
Lhotka questioned the City Manager's memo on the project regarding a
statement that City costs would not be increased. The City Manager
explained that, the error in the specifications resulted in the additional
11 -5 -79 -3-
cost of $305,000, but that the City could not obtain a lower cost for the
additions to the project even if the entire project were rebid. He noted
that the City will be paying approximately the same amount as would have.
been paid had the specification quantities been correct.
RESOLUTION NO.
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION PERTAINING TO A SUPPLEMENTAL AGREEMENT FOR BRIDGE AND ROADWAY
CONTRACT 1979--D (SHINGLE CREEK PARKWAY)
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.
Mayor Nyquist noted the presence of several students from Park Center High
School in the audience and was informed by them that they were in attendance
at the meeting in conjunction with a high school class`.
RESOLUTION NO. 79 -259
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID FOR CONSTRUCTION OF SUPPORTS FOR AND INSTALLATION
OF PEDESTRIAN /BICYCLE BRIDGE(S) ('CONTRACT 1979 -I)
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.
RESOLUTION NO. 79 -.260
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) 50,000 BTU :GAS FIRED
UNIT HEATERS FURNISHED AND INSTALLED AT #7 PUMPHOUSE - 7101 CAMDEN
AVENUE NORTH
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.,
The City Manager introduced a resolution authorizing the purchase of one
rotary camera for microfilming and explained that the present rent paid
for the camera now used by the City has been applied to the purchase, price.
RESOLUTION NO. 79 -261
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF ONE ROTARY CAMERA FOR MICROFILMING
The motion for the adoption of the foregoing resolution was duly seconded
by member Bill Fignar, and upon vote being taken thereon, the following
11 -5 -79 -4-
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 a contract to obtain
topographic mapping for the golf course study.- He explained that the
mapping procedure must begin immediately before the heavy snowfalls
which interfere with the mapping procedure. He added that funds will be
expended for the mapping out of the 1980 Budget even though the work will
begin before 1980.
RESOLUTION NO. 79 -262
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR TOPOGRAPHIC MAPPING
FOR GOLF COURSE STUDY
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 authorizing participation in the
Minnesota Shade Tree Program and approving the 1980 Shade Tree Program
Budget. He explained that the resolution is required by the new Department
of Agriculture Guidelines regulating the Shade Tree Program. He added
that all of the dollar amounts stated in the Shade Tree Program Budget
have been approved in the 1980 City Budget. Councilmember Lhotka questioned
how this year's Budget compares with last year's Budget. The Park and
Recreation Director explained that the Budget is down from 1979 since the
incidents of Dutch elm disease have been reduced in the City.
RESOLUTION NO. 79 -263
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING PARTICIPATION IN THE MINNESOTA SHADE TREE PROGRAM
AND APPROVING THE 1980 SHADE TREE PROGRAM BUDGET
\i
The motion for the adoption of the foregoing resolution was duly seconded
member i Fignar, on vote being taken thereon the following
b Bill ar and u
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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.
Mayor Nyquist noted that the resolution calling for a public hearing on an
industrial revenue bond proposal from Commercial Partners, Inc. would be
considered as a discussion item on the agenda.
RESOLUTION NO. 79 -264
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO $1,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS
(MEDTRONIC, INC. PROJECT), SERIES 1979; AUTHORIZING THE ISSUANCE THEREOF
PURSUANT TO MINNESOTA STATUTES, CHAPTER 474
11 -5 -79 -5-
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 -2.65
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING AGREEMENT WITH OPTIMUM SYSTEMS INCORPORATED FOR
PROTECTION OF TRADE SECRETS
The motion for the adoption of the foregoing resolution was duly seconded
5 g
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.
In discussion of the foregoing resolution, Councilmember Kuefler questioned
whether or not the City has any nondisclosure agreements with employees
to protect the City. The Director of Finance indicated that these agreements
had as yet, not been obtained but he added that the City will look into
obtaining such agreements with City employees.
Mayor Nyquist noted the addition of a resolution, amending the 1979 General
Fund Budget to provide for wage and salary adjustments, which was not
included on the agenda. The Director of Finance indicated that the resolu-
tion was essentially a bookkeeping procedure.
RESOLUTION NO. 79 -266
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FOR WAGE
AND SALARY ADJUSTMENTS
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 bean 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.
APPROVAL OF PURCHASE OF PIANO FOR COMMUNITY CENTER
The City Manager introduced the next agenda item stating that the City
staff recommends the approval of the purchase of.a piano for the Community
Center and the transfer of appropriations from the Community Center Repair
and Maintenance Supplies Account #4230 to Community Center Furniture and
Fixtures Account #4550. He explained- the - original piano in the Community
Center was purchased in 1971 and has experienced considerable wear in particular
due to the temperature conditions present in the 'Community Center. He added
that the repair cost of the piano would be approximately $600 to $700 and
that in consideration of this cost it is the staff's recommendation that the
purchase of a new piano is more economical. Councilmember Lhotka questioned
how the transfer of funds out of the Maintenance Budget would affect that
Budget. The City Manager explained that the repair cost was already
antieipated*in the Maintenance Budget. .
11 -5 -79 -6-
✓ There was a motion by Councilmember Scott and seconded by Councilmember
Fignar to approve the purchase of a piano for the Community Center and
to transfer the appropriations from the Community Center Repair and
Maintenance Supplies Account #4230 to the Community Center Furniture and
Fixtures Account #4550. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion
passed unanimously.
INDUSTRIAL REVENUE BOND PROPOSAL FROM COMMERCIAL PARTNERS, INC.
The City Manager reviewed the proposal from Commercial Partners, Inc.
and noted that the industrial revenue bond proposal was $7.2 million
which is over the $6.8 million limit set on industrial revenue bonds
by the City Council. Administrative Assistant Brad Hoffman noted that
because the proposal from Commercial Partners, Inca surpassed the limit
established by the Council it necessitated a discussion of the City's
industrial revenue bond policy.
Mayor Nyquist recognized Mr. Dick Riley, Mr. John Utley, and Mr. Allen
Gustafson who represented Commercial Partners, Inc. Mr. Gustafson stated
that Commercial Partners, Inc. currently has the property under option and
that plans for development include a theater, a restaurant, which he
described as a large family oriented restaurant or a bar with meeting
facilities, and retail stores which would include national or regional
tenants who can draw large numbers of shoppers. He added that construction
of the proposed center would be brick and earth tone colors with considerable
landscaping. He noted that it is not the intention of the Commercial Partners,
Inc. to syndicate the development but rather Commercial Partners, Inc. will'
retain control of the center. He explained that Commercial Partners, Inc.
feels industrial revenue bonds are necessary to make the project work and
that he hopes the City Council will reconsider the established limits on
industrial revenue bonds. He stated that Commercial Partners, Inc. has
similar projects in Burnsville and at Ridgedale and also in Utah and
Aspen, Colorado. Mayor Nyquist inquired whether industrial revenue bonds
were used in the other projects including the ones in Burnsville and Ridge-
dale. Mr. Gustafson replied that industrial revenue bonds were not used
in any of these projects but that they were smaller than the project planned
for Brooklyn Center. He also indicated that the projects were completed
approximately two years ago.
Mr. Dick Riley, representing Dougherty, Dawkins, Strand and Ekstrom, the
underwriting firm for Commercial Partners, Inc., stated that his firm
wants to place the financing of the project with real estate lenders and
not with the bond market. He stated that the potential tenants in this
project demand a lower rent because of their high name recognition.
Mr. John Utley of Holmes and Graven, the firm acting as bond counsel to
Commercial Partners, Inc. stated that his firm has made a preliminary
review of the project and he feels that the City of Brooklyn Center has
complete authority to undertake financing in the project. Councilmember
Kuefler asked what is the difference between the various types of financing
for the project as outlined by Mr. Riley. Mr. Riley replied by stating
that the financing for this project would be privately placed and would
not be a public sale. He indicated that his firm would not approach the
same buyers as in, for example the Medtronics project currently underway
in the City. He indicated that his firm would seek buyers interested in
retail mortgages not credit mortgages as in the case of Medtronics.
11 -5 -79 -7-
Councilmember Fignar questioned what the projection was for the number
of jobs which would be created by the project. Mr. Gustafson explained
that approximately 150 to 160 new jobs would be created and that the
payroll would be approximately $1.5 to $1.6 million annually.
The City Manager noted that any economic or design discussions of the
project are secondary to the discussion of the policy established by
the Council on industrial revenue bonds. He explained that commercial
property generally results in a high cost to the City such as the increased
police services necessary for commercial enterprises. He explained that
industrial or office uses are less costly than commercial property, in terms
of City services.
Councilmember Fignar inquired as to the size of the project area. Mr.
Gustafson stated that the project would encompass approximately 16.2 to
16.5 acres. Councilmember Lhotka stated that he was not in favor of
removing the limits in light of the time that the Council has spent in
developing the current policy on industrial revenue bonds. He stated that
removing the limits would defeat the purpose originally established by
Council Councilmember Fignar stated the land in the proposed project
area is of a particularly important nature to the City and that it is
crucial that the land be properly developed. He explained the area is
in a highly visual spot and that the City should be careful concerning
the development of this area. He added that he would like to look at
the Commercial Partners, Inc project further.
Councilmember Kuefler questioned what the limit for the current industrial
revenue bond limit was based on. The City Manager explained that the
current general obligation bond limit of the City is $9 million and that
it was decided to choose 2/3 of this limit to establish the 'current limit
for industrial revenue bonds. Councilmember Kuefler asked the representa-
tives from Commercial Partners, Inc. whether or not they would pursue the
project without the City changing its current limit and by using only the
$2.6 million of industrial revenue bonds left before reaching the established
limit. Mr. Gustafson replied that his firm is willing to look at alternatives
but that the $2.6 million seems to be uneconomic at this point. Council-
member Kuefler stated that he does not want to abandon either the project
or the established bond limits at this point. Mayor Nyquist indicated
that he is impressed with the proposal but is not prepared to consider
revised limits at this point. He asked whether the City Manager, could
present other proposals which were presented to City staff as industrial
revenue bond projects. The City Manager stated that he could present
these proposals to the Council and that he would continue to present other
proposals as they come in. Mayor Nyquist indicated that it appeared to
be the consensus of the Council not to change the established limits on
industrial revenue bonds. Mr. Riley requested an explanation of the 5%
limit used to establish the dollar limit on industrial revenue bond pro-
jects. The Director of Finance indicated that the 5% guideline is used
by several other cities as a standard in developing limits.
JOINT MEETING.WITH PLANNING COMMISSION TO DISCUSS COMPREHENSIVE PLAN
The City Manager explained the Planning Commission felt that a joint meeting
to discuss the Comprehensive Plan would be beneficial to both the Council
and the Planning Commission. The Director of Planning and Inspection indi-
cated that the meeting would most likely involve a walk through of the plan
and that it would be an informational meeting and not a public hearing.
After a discussion of the most advantageous times to hold a joint meeting
with the Planning Commission, Mayor Nyquist noted that the consensus of
11 -5 -79 -8-
the Council was to set a tentative date for the joint meeting of
December 10, 1979.
BROOKDALE TEN APARTMENTS
The City Manager requested the Council consider an additional item which
was not included in the agenda. The Director of Planning and Inspection
referred the Council to a memorandum from the City Building Inspector.
He explained the memorandum referred to several deficiencies regarding
the Brookdale Ten Apartments which Brookdale Ten is required to correct.
He added that the attorney for Brookdale Ten Apartments has asked for an
extension of time to correct some of these deficient items. The City
Attorney noted that he has drafted an amendment to the contract with
Brookdale Ten regarding the correction of these deficiencies and that
the amendment would allow an extension of time to make the corrections.
He noted the amendment would approve the extension of the agreement to
screen the rubbish containers to December 5, 1979 and that the amendment
would also allow the extension of time required to complete the sodding
to June 1, 1980. Councilmember Fignar asked whether there were any
, improvements yet to be made inside the apartments. The Director of
Planning and Inspection stated that most of these improvements have been
made relating to the life safety problems of the apartments and that these
are generally being taken care of.
There was a motion by Councilmember Scott and seconded by Councilmember
Fignar to amend the agreement between the City and Brookdale Ten Apart-
ments to allow an extension of the time limit required to complete the
screening of rubbish containers to December 5, 1979 and to extend the
time limit for the completion of sodding at Brookdale Ten Apartments to
June 1, 1980. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,
Fignar, Lhotka, and Scott. Voting against: none. The motion passed
unanimously.
LITTLE LEAGUE TAX EXEMPTION
Mayor Nyquist. introduced an item for discussion regarding the tax exempt
status of the Little 'League. Councilmember Kuefler stated that the Little
.League does not qualify as an organization eligible for tax exempt property
and that the Little League must make the effort to change its status to
become eligible for the tax exempt classification. He noted that some
Little League organizations have the status and Some do not and that it is
apparently up to individual Little League organizations to pursue the tax
exempt status. The City Manager stated he would research the question and
find out the current status of the Little League regarding the tax exempt
classification.
BROOKLYN BOULEVARD TRAFFIC
Mayor Nyquist introduced an item for discussion regarding the traffic tie
ups on Brooklyn Boulevard which were brought to his attention recently.
He asked whether or not there was any existing policy in the Police Depart-
ment which would allow them to direct traffic on Brooklyn Boulevard in
such instances. The City Manager explained that current policy requires
that police officers direct traffic only in situations where there is an
accident.
LICENSES
Motion by Councilmember Fignar and seconded by Councilmember Lhotka to
approve the following list of licenses:
11 -5 -79 -9-
w
MECHANICAL SYSTEM'S LICENSE
D. J.'s Heating & Air Conditioning 6060 Labeaux Avenue
NONPERISHABLE VENDING MACHINE LICENSE
Coca -Cola Bottling Co. 1189 Eagan Industrial Rd.
Holiday Inn 1501 65th Ave. No.
RENTAL DWELLING LICENSE
Initial:
Thomas Howe & Bill Howe 3112 49th Ave. No.
Renewal:
Donald P. Foster 5100 Brooklyn Blvd.
Charles & Linda Sabatke 6306 Brooklyn Dr.
Wilfird & Lillian Hollenbeck 5406 Bryant Ave. No.
Alfred & Myrtle Herltz 7037 Drew Ave. No.
Dale C. Wegner 5935 Dupont Ave. No.
Rafael Rocha 5324,26 James Ave. No.
Lewis & Vivian Hedlund 5316,20 Russell Ave. No.
Robert Nechal 5332,36 Russell Ave.. No.
Fred & Judie Swenson 5340,44 Russell Ave. No.
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 Kuefler and seconded by Councilmember
Fignar 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
9:08 P.M.
City Clerk Mayor
11 -5 -79 -10-
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL SESSION
NOVEMBER 6, 1979
CITY HALL
CALL TO ORDER
The City Council met in special session as an election canvass board
and was called to order by Mayor Dean Nyquist at 8:05 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka,
and Celia Scott. Also present was City Manager Gerald Splinter and City
Clerk Allen Lindman.
CANVASS OF ELECTION RETURNS
The City Council proceeded to canvass the City election returns at the
various City precincts, reporting ballots cast in the City of Brooklyn
Center contests as follows:
Office of Mayor Ballot Count
Dean Nyquist 515
write -ins:
Maurice Britts 5
Dolores Hastings 1
Jack Boldischar 1
Office of City Councilman Ballot Count
Gene Lhotka 523
write -ins:
Karla Fawbush 1
RESOLUTION NO. 79 -267
-Upon completing the election canvass member Bill Fignar introduced the
following resolution and moved its adoption:
RESOLUTION REGARDING CANVASS OF NOVEMBER 6, 1979 CITY ELECTION
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.
ADJOURNMENT
Motion by Councilmember Kuefler and seconded by Councilmember Scott to
adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion
passed unanimously. The Brooklyn Center City Council adjourned at 8:50 p.m.
Clerk Mayor
11 -6 -79 _1_
h Member Bill Fignar introduced the following resolution
and moved its adoption:
RESOLUTION NO. 79 -267
RESOLUTION REGARDING CANVASS OF NOVEMBER 6 1979
CITY ELECTION
BE IT RESOLVED that it is hereby determined upon official
L canvass that Dean Nyquist is declared to be the successful candidate
for the office of Mayor and Gene Lhotka is declared to be the
successful candidate for the office of City Councilman of the City
of Brooklyn Center.
November 6, 1979
Date Mayor
• ATTEST:
Clerk
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.
•i
# CITY
OF 6301 SHINGLE CREEK PARKWAY
r ',�' BROOKLYN CENTER, MINNESOTA 55430
.._ a .`. l
TELEPHONE 561 -5440
.6. T T7 EIR, EMERGENCY— POLICE —FIRE
b61 -5720
TO: Sy Knapp
�:
FRtk Z: Ji
Noska
DATE: November 15, 1979
RE: Subdivision Bond Reductions in the Ponds
The fallowing is the current status c 1,t-- remaining work in the Ponds. Included
is the rocomrended amounts for bond x. ase.
Phase I
Ori �iixal bond an - cunt: $13,500.00 (signed 6/9/77)
Items of work covered by bond: Bituminous street, concrete curb and gutter,
boulevard sodding, required landscapincr, street name signs, street
I lighting, survey monuments.
Item. s of eork remaininc;: Survey monm
Bond amount previously eleased: $12,500.00
Y
Date of previous bond release(s): December 12, 1977 (Res. No. 77 -241)
Amount currently recaTmended for release: $0.00
Remarks: None
Phase II
6 T - 1 9 37 n — al pond amunt: $35,000.00 (signed 7/7/78)
Items of work covered by bond: Bituminous street, concrete curb and gutter,
street name signs, bituminous driveAays, survey monuuments.
Items of work remaining: Survey monuments
Bond amount previously released: $0.00
Date of previous bond release --
Amunt currently ecarnm
erxled for release:
Y
$32,500.00
Remarks: Revisions at Unity Avenue culvert to be performed at City expense
Pha se I II_ , Its
Original botrl amount: $62, 000.00 (signed 11/10/78)
Items of work covered by bond: Bituminous street, concrete curb and gutter,
boulevard sod, required landscaping, street name signs, storm sewer,
bituminous driveways, survey monuments.
Items of work rerniiining: All of the aLove
Bond amount previously relmsed: $0.00
A -ite of previous bond release(s): --
Annunt currently recommended for release: $0.00
Remarks: Certain items of work Il�ve been completed but either contracts for same
have not been firvillcd or L-uynxont for work has been billed but not yet received.
I
"'7te �n�frets<ur� ill a ye �ry "
NoveTJXx 15, 1979
Page 2 of 2 Pages
MFImw to Sy Knapp
Phase V (formerly Phases V & VI)
Original bord amunt: $40,000.00 (not yet received)
Items of work covered by bond: Bituminous street, concrete curb and gutter,
street name signs, survey monuments.
Items of work remaining: All of the above
Bond amount previously released: $0.00
Date of previous bond release(s): --
Arrount currently recommended for release: $0.00
Remarks: tbrk just presently commencing,
Phase VI (formerly Phases VII & VIII)
Original bond amount: $78,000 (signed 10/26/78)
Items of vx>rk covered b -
bond: Bi
' ou
y tumin s street, concrete curb and gutter,
boulevard sod, required landscaping, street name signs, storm sewer,
bituninous driveways, survey monuments.
Items of 'work remaining: All of the above.
Bond amount P reviousl Y released: $0.00
Date of previous hord release(s): --
Arrbunt currently recommended for release: $0.00
Remarks: Certain items of work have been completed but either contracts for same
have not been finalled or payment for cork has been billed but not yet received.
cb
CITY
OF 6301 SHINGLE CREEK PARKWAY
yt RU
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
EMERGENCY- POLICE -FIRE
561 -5720
Sy Knapp
FR94: Jim Noska .�
DATE: November 15, 1979 •
RE: Subdivision Bond Releases /Reductions
Bond releases are hereby recommerded on the following plats:
ROB ERT BARR ADDITION
Original b6r arrount: $1,870.00 (signed 4/15/77)
Items of work N,
coy er
ed b bond: Boulevard 1 var sod required landscaping, lot drainage,
g �,
p
bituminous drive� survey mnuments, structure removal.
Items of work remaining: None
Bond an - aunt previously released: $1,370.00
Date of previous bond release(s): January 8, 1979
Amount currently recorm)ended for release: $500.00
.Remarks: None
FAITIi C g , ' ?UNI ADDITIOiQ
Original bond amount: $1,400.00 (signed 8/23/76)
Items of vork covered by bor_d: Boulevard sod, required landscaping, bituminous
driveways, survey monuments.
Iter of work rem fining: None
Bond aiTount previously released: $0.00
Date of previous bond release(s): --
Amount currently recommended for release: $1,400.00
Remarks: None
Bond reductions are hereby recommended on the following, plats:
LINDER'S F IRST ADDITION
Original bSiTd amount: $9,800.00
Items of work covered by bond: Boulevard sod, required landscaping, lot drainage,
bituminous driveways, survey nxonL�ments, subdrair. system.
Itesla of trork renLiinim: (Note: Bong is apportionod on a per lot basis. Three
(3) lots remain to be completed - -I -ot 2 of Block 1 and Lots 3 and 4 of Block 2.)
Bond anxoturt previously relaiso -1: $2,550.00
Date of previous bc�rk� : April 24, 1978: $1,700.00; August 8, 1978: $850.00
lulrxunt currently rcti for release: $4,700.00
Remarks: IncluJod in recommended release is an for subdrai.n system ($3,000.00)
cb
"'7fce noealcgq '/7101e t
MEMORANDUM
TO: Ronald A. Warren, Director of Planning and Inspection
FROM: Will Dahn, Building Official
SUBJECT: Performance Bonds Recommended for Release or Reduction
DATE: November 15, 1979
The following performance guarantees are recommended for release or reduction
as specified:
1. The Ponds Plat 2
70th Circle
Planning Commission Application No. 76041 -A
Amount of Guarantee - $42,000.00 Bond
Obligor - Meadow Corporation
All paving, curb and gutter and lighting installed. Most of the
scheduled plantings and sod installed. Channel under Unity Avenue
North still being dredged.
Recommend reduction from $42,000.00 to $12,000.00.
2. The Ponds Plat 3
7000 Block of Unity Avenue North
Planning Commission Application No. 78049
Amount of Guarantee - $25,000.00 Bond
Obligor'- Meadow Corporation
Paving and landscaping fairly complete on the east side of Unity Avenue
North, but incomplete on the west side. Recommend reduction from
$25,000.00 to $12,000.00.
3. The Ponds Plat 4
71st Circle
Planning Commission Application No. 78050
Amount of Guarantee - $50,000.00 Bond
Obligor - Meadow Corporation
9 P
Paving and curbing 80% completed. South half of 71st Circle sodded and
landscaped. No 6 inch trees planted in this plat. Recommend reduction
from $50,000.00 to $25,000.00.
4. The Ponds Plat 7
Ponds Drive North
Planning Commission Application No. 78029
Amount of Guarantee - $85,000.00 Bond for paving, curb and gutters.
$55,000.00 Bond for landscaping.
Obligor Meadow Corporation
Paving, curbing, lighting, and striping of parking spaces 90% complete.
Very much landscaping yet to be installed. Recommend reducing bond for
paving work from $85,000.00 to $15,000.00 and hold the $55,000.00 landscape
bond as is.
5. Emerson Chalet
1200 - 67th Avenue North
Planning Commission Application No. 76029
Amount of Guarantee - $5,000.00 Cash Escrow
Obligor - Olympic Investments
All site improvements installed in accordance with the approved plan.
Recommend Total Release
6. Towers Management
Brookdale Towers Apartments
6915 Humboldt Avenue North
Planning Commission Application Nos. 67072 and 69025
Amount of Guarantee - $3,500.00 Cash Escrow (authorized for reduction to
$1,000.00 on 12- 4 -78).
Obligor - Towers Management
All site improvements installed as per approved plans. Sodding along
Irving Avenue North boulevard area has been completed.
Recommend Total Release.
Approved by
Ronal A. Warren, Director of Planning and Inspection
IM
Member introduced the followin g resolution
and moved its adoption:
RESOLUTION NO.
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
WHEREAS,
(a) Chapter 474, Minnesota Statutes, known as the
Minnesota Municipal Industrial Development Act (the
"Act ") gives municipalities the power to issue revenue
bonds for the purpose of the encouragement and develop-
ment of economically sound industry and commerce to
prevent so far as possible the emergence of blighted
and marginal lands and areas of chronic unemployment;
(b) The City Council of the City of Brooklyn Center
(the "City ") has received from S & S Real Estate Company,
a general partnership consisting of Duane M. Swenson and
Dale M. Swenson, organized under the laws of the State
of Minnesota (the "Company ") a proposal that the City
assist in financing a project hereinafter described,
through the issuance of its industrial revenue bonds
(which may be in the form of a single debt instrument)
(the "Note ") pursuant to the Act;
(c) Before proceeding with consideration of the
request of the Company it is necessary for the City to
hold a public hearing on the proposal pursuant to
Section 474.01, Subdivision 7b, Minnesota Statutes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, as follows:
1. A Public Hearing on said proposal of, the Company will be held
at the time and place set forth in the Notice of Hearing hereto attached.
2. The general nature of the proposal and an estimate of the principal
amount of the Note to be issued to finance the proposal are described in the
form of Notice of Hearing hereto attached.
3. The Notice of said Public Hearing shall be in substantially the
form contained in the Notice hereto attached.
4. A draft copy of the proposed application to the Commissioner of
Securities, State of Minnesota, for approval of the project, together with
proposed forms of all attachments and exhibits thereto, is on file in the
office of the City Manager.
5. The City Manager is hereby authorized and directed to cause said
hearing to be given one publication in the official newspaper and in another
newspaper of general circulation available in the City, not less than 15 days
nor more than 30 days prior to the date fixed for said hearing, as shown in
the notice of hearing hereto attached.
RESOLUTION NO.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and
moved its adoption:
RESOLUTION N0. Ob
l
RESOLUTION TO APPROPRIATE $19,690 IN THE CAPITAL
PROJECTS FUND AS THE CITY'S MATCHING FUNDS FOR
THE SHINGLE CREEK TRAILWAY LAWCON PROJECT II
WHEREAS, the Capital Projects Fund was created to provide funds,
and to account for the expenditure of such funds, for major capital outlays
(which shall include, but not be limited to, construction or acquisition of
major permanent facilities having a relatively long life); and /or to reduce
debt incurred for capital outlays; and
WHEREAS, the sources of revenue for said Capital Projects Fund
consists of ad valorem taxation, transfers by the City Council of surpluses
of other City Funds, issuance of bonds, interest earnings of the Fund, and
from other sources of revenue which from time to time the City Council deems
to be available for transfer to the Fund; and
WHEREAS, the City Council has approved Shingle Creek Trailway LAWCON
Project II, and has committed the amount of $19,690 as the City's matching
share for federal and state grants for the project; and
WHEREAS, funds are available in the Capital Projects Fund in the
amount of at least $19,690.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to appropriate the amount of $19,690 in the Capital Projects
Fund for the City's matching share of the Shingle Creek Trailway LAWCON
Project II.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and ;
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
M & C No. 79 -30
November la, 1979
FROM THE OFFICE
OF THE CITY MANAGER
CITY OF BROOKLYN CENTER
Subject: Resolutions Appropriating Capital
Projects Funds
To the Honorable Mayor and City Council:
I have attached two resolutions which, if adopted by the Council,.
will
Project appropriate funds from the Capital Fund in the combined amount of u
$27,505. The appropriations represent the City's matching share for Federal
and State grants on projects which have already been approved by the Council.
Respectfully submitted,
Q
Paul W. Holmlund
Director of Finance
CITY OF BROOKLYN CENTER
Approved:
1r
'eral G punter
City Man er
CITY OF BROOKLYN CENTER
PWH:pk
cc: Tom Bublitz
Attachments
i
i
CORRECl'ION . I ..
I MINUTES OF THE PROCEEDINGS OF THE PLANNING COMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
NOVEMBER 8, 1979
CITY HALL
CALL TO ORDER
The lan nin g Commission met in regular session and was called to order by Chairman
Hal Pierce at 7:36 p.m.
ROLL CALL
Chairman Pierce, Commissioners Malecki, Theis, Hawes, Manson, Lucht and Erickson.
Also present were Director of Planning and Inspection Ronald Warren, Superintend-
ent of Engineering James Noska, Building Official Will Dahn and Planning Assist-
ant Gary Shallcross.
APPROVAL OF MINUTES October 25, 1979
..Motion by Commissioner Malecki seconded by Commissioner. Hawes to approve the
minutes of the October 25, 1979 meeting as submitted -. Voting in favor: Chair -'
man Pierce, Commissioners Malecki, Theis, Hawes, Ma.nson;.Lucht and Erickson.
Voting against: none. The motion passed unanimously.
APPLICATION NO. 79055 (Edwin Kauffmann /Village Builders)
Following the Chairman's explanation, the Secretary introduced the first item of
business, a request to rezone from C1 (Service /Office) to R3 (Townhouse /Garden
Apartments) a tract of land located at the southeast corner of Logan and 58th
Avenues North. The Secretary explained that the application -was brought before
the Planning Commission at its September 13 meeting and that a public hearing
was held at that time. He explained that the rezoning application had been
tabled at that meeting and referred to the Southeast Neighborhood Advisory Group
for review and comment. The Secretary stated that the advisory .group met on
October 15, 1979 and advised the Planning Commission to favorably recommend the
rezoning.
The Secretary stated that there does not seem to be any conflict with the
Rezoning Evaluation Guidelines nor with the present Comprehensive Plan. The
only concern that occurs to staff, he said, is the possible negative impact
which the Northbrook Shopping Center might have.on the new development. He
noted that the City has no prerogative to require site improvements at the
Shopping Center as a condition of approving the rezoning application. However,
he added, since the Shopping Center and the land to be rezoned are owned by
the same party, the developer.should certainly be encouraged to pursue the
matter in his private negotiations for the property. The Secretary emphasized
that reducing the impact of the Shopping Center on. this development is a valid
concern of both the developer and the City. The Secretary concluded his remarks
by stating that he had not received a written recommendation from the Neighbor-
hood Advisory Group, but had been informed verbally by Louis Sullivan, the
Advisory Group Chairman, that the Group favored the proposal.
" Commissioner Hawes asked Commissioner Luchtwho had attended the Neighborhood
Advisory Group meeting, what the sentiment of the Neighborhood Group had been
toward the rezoning. Commissioner Lucht stated that the Neighborhood Group
was strongly in favor of the rezoning, but that concern was expressed that the
appearance of the Shopping Center across Logan Avenue from the site should be
improved. He noted that some work to improve the Shopping Center had been
done. Commissioner Eriokson asked how the meeting was attended.
11 -8 -79 -1-
Commissioner Lucht stated that only.one resident in the area appeared at the
meeting and he spoke in favor of the proposal.
Commissioner Hawes commented that the trash enclosure at the Shopping Center is
not screened. The Secretary responded that under the City's Zoning Ordinance,
it should be. Chairman Pierce - expressed confidence that new residents would
put pressure on the Shopping Center to improve its appearance and asked whether
"no parking" could be designated along that block of Logan Avenue. The Secretary
answered that the City could consider such designation, but felt that it was
not warranted at this time.
In response to a question about curb and gutter along Logan Avenue from Chairman
Pierce, the Superintendent of Engineering explained that Logan Avenue is a
Minnesota State Aid street and can be improved with State funds. Chairman Pierce
suggested that the upgrading of Logan Avenue be accomplished in conjunction with
the new development.
The Secretary 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 R4 zoning to the south, the R5 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 Center.School District which is losing
housing to.right -of -way acquisition by the Minnesota Department
of Transportation.
Commissioner Theis took issue with. the statement that adding residents and
children would help the fiscal situation of the school district. He argued
that the Cl zoning would be better from a cost revenue standpoint than the
addition of eight townhouse units. He argued that the townhouses, insofar as
the school district is concerned, only helped to preserve a district that is too
small. A brief discussion ensued relative to the benefits to be derived by -
the school district from the rezoning.
'Chairman Pierce asked whether anyone was present to speak on the application.
No one spoke relating to the application.
ACTION RECOMMENDING APPROVAL OF APPLICATION N0.- 79055•(Edwi.n Kauffmann /Village
Builders)
Following further discussion, there was a motion by Commissioner Erickson seconded
by Commissioner Manson to recommend approval of Application No. 79055 submitted
by Edwin Kauffmann to rezone Lot 1, Block 1, Northbrook Center Addition to R3
from Cl, 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.
11 -8 -79 -2-
3. The subject property can bear fully the development restrict-
ions for the proposed zoning districts.
4. The subject property is considered generally unsuited for
uses permitted in the C1 zoning district because of its
location.
5. The proposed zoning will allow for development of the property
in a way which will benefit both the City and the Brooklyn
Center School District.
Voting in favor: Chairman Pierce, Commissioners Malecki, Hawes, Manson, Lucht
and Erickson.. Voting against: Commissioner Theis. The motion- passed. Commis-
sioner Theis stated that he was not opposed to the rezoning as such, but could
not vote in favor of the motion with the inclusion of Point No. 5 concerning
the benefits to the Brooklyn Center School District.
APPLICATION NO. 79056 (Edwin Kauffman /Village Builders)
The Secretary introduced the next item of business, site and building plan
approval for an eight unit townhouse complex at the corner of 58th and Logan
Avenues North, the site the Commission had recommended for rezoning under Appli
•cation No. 79055. The property, he pointed out, is located on the east side of
Logan Avenue across from the Northbrook Shopping Center and is bounded on the
north by 58th Avenue, on the east by single family homes facing > Knox Avenue and
on the south side by a 75 foot wide private utility easement. He commented that
preliminary plans for this development were considered by the Commission'at' the
September 13, 1979 regular meeting and tabled along with the accompanying
rezoning application.
The Secretary stated that the proposed plan contemplates four two -unit
structures, with each unit having its own private lot All units will be 24' x
46' with interior lots of 34' x 96' and the two corner lots 29' x 96'. The
Secretary noted that the applicant plans to submit a preliminary plat to sub -
divide the property and establish a Homeowners Association so the units can be
individually sold. The eastern portion of the site would be designated as a
common area. The Secretary stated that each structure will be served by two
two -car driveways separated by a green area. He stated that the dimensions of
the driveway and green area . have not been determined. The Secretary explained
that the entire driveway area would be blacktopped from the sidewalk line to
the street, it being felt that the open driveway and the boulevard will better
handle the turning movements of vehicles entering and leaving and that maint-
enance of the'small boulevard islands would be difficult. He commented also
that-all setback requirements are met.
The Secretary- explained that the applicant wishes to take advantage of an
optional density credit of 500 square feet per tuck -under garage stall as
provided under Section 35 -400, footnote number 1 c of the City's Zoning
Ordinance. Since the plan calls for two tuck -under stalls per unit, he said,
the total credit sought is 1,000 square feet per unit, which reduces the required
land area from 5400 square feet to 4400 square feet per unit. At that rate,
the Secretary explained, the 39,052 square foot site can accommodate up to 8.9
units. Without the density credit, he noted, the total number of units allowed
would be 7.23. The Secretary recommended that since the density credit is
optional, at the discretion of the City Council, the Commission should ack-
nowledge that the proposed density of eight is, or is not, warranted in light
of the aesthetic benefits obtained from the tuck -under garages and the addi-
tional off - street parking it will provide. He pointed out that the plan
provides forfour off- street parking stalls per unit and that the requirement
under the Zoning Ordinance is only two per unit.
11 -8 -79 -3
The Secretary briefly reviewed the landscape plan, noting that the applicant
has proposed to provide the required screening from the RI use to the east
with a fairly dense row of trees and shrubs. Plantings; include Green Ash,
Russian Olives, Norway Maples, American Arborvitae, and Pfitzer Juniper. The
plan also indicates two 6° diameter Green Ash along Logan Avenue as required
by the Zoning Ordinance.
The Secretary stated that the proposed drainage patternfor the site is
generally from east to west. He added that the City Engineer has expressed
some concern that the higher elevations on the east side of the site may
create pockets on some of the residential property to the east. He explained
that each unit will have a separate one inch, water line running down to the
edge of the property where they will be connected to a single one and one -half
inch line coming off the main. He also pointed out that the utility plan
indicates separate four inch cast iron pipe sewer lines connected to the
lateral in the street. The Secretary concluded by stating that the uncertainty
over the location of the monument at the southeast and northeast corners of
the property has been resolved. He explained that an error was made in a
previous survey which placed the property line three feet inside of the fences
serving the residents to the east along the south side of the site. The east'
property line has thus been established at 'just westerly of the fence line
serving the residences to the east.
In answer to a question from Commissioner Hawes regarding trash disposal, the
Secretary admitted the subject had not been discussed at length with the appli-
cant. He assumed that each unit would have their own individual trash can
but added that any outside trash disposal facilities would be required to be
screened. Commissioner Hawes also asked about sidewalks for the area. The
Building Official answered that sidewalk is already in place. Chairman Pierce
asked how wide an MSA street is. The Superintendent of Engineering answered
that in this case, it was 30 feet.- Chairman Pierce asked whether curb
and gutter would be installed on such a street. The Superintendent of Engineer-
ing answered that curb and gutter is generally provided with a 44 foot wide
street.
Chairman Pierce asked how many units would be allowed without the density
credit.. The Secretary answered that 7.23 units would be allowed at 5,400
square feet per unit. He explained that the credit would have the effect of
reducing the required land area per unit by 1,000 square feet per unit to
4,400 square feet; per unit. The Secretary went on to explain that the screen -,
ing requirement between R3 and Rl uses calls for either a 4 foot high opaque
fence or wail or a Council approved substitute to be provided by the R3 use.
He explained that because of the circumstances on the east side of the site,
the applicant prefers to use plantings rather than the four foot high fence.
Commissioner Hawes asked whether any water settles on the east side of the
site. Building Official Will Dahn responded that there is no water problem.
Commissioner Erickson asked whether there was any precedent in denying the
density credit. The Secretary answered that he was not aware of any, pointing
to the case of DeWitt Enterprises which recently received approval to build
eight townhouse units with tuck -under garages on a site that is zoned R5.
Chairman Pierce, however, recalled a case where the credit, was denied.
Commissioner Erickson expressed concern about the amount of blacktop associated
with the 40 foot wide driveway openings. Chairman Pierce asked what the City
policy is on the width of curb cuts. The Superintendent of Engineering
answered that curb cuts are limited to 30 feet in'the multi -ple residential,
commercial, and industrial zones, but that no express limit applied to the 'Rh _
R2, and R3 zones.
11 -8 -79 -4-
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
l
RESOLUTION TO APPROPRIATE $7,815 IN THE CAPITAL
PROJECTS FUND AS THE CITY'S MATCHING FUNDS FOR
THE CENTRAL PARK LAWCON PROJECT II
WHEREAS, the Capital Projects Fund was created to provide funds,
and to account for the expenditure of such funds, for major capital outlays
(which shall include, but not be limited to, construction or acquisition of
major permanent facilities having a relatively long life); and /or to reduce
debt incurred for capital outlays; and
WHEREAS, the sources of revenue for said Capital Projects Fund
consists of ad valorem taxation, transfers by the City Council of surpluses
of other City Funds, issuance of bonds, interest earnings of the Fund, and
from other sources of revenue which from time to time the City Council deems
to be available for transfer to the Fund; and
WHEREAS, the City Council has approved Central Park LAWCON
Project II, and has committed the amount of $7,815 as the City's matching
share for federal and state grants for the project; and
WHEREAS, funds are available in the Capital Projects fund in the
amount of at least $7,815.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to appropriate the amount of $7,815 in the Capital Projects
Fund for the City's matching share of the Central park LAWCON Project II.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof
and ;
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF 4,000 GALLONS
#2 DIESEL FUEL
WHEREAS, Chapter 471.345 of the Minnesota Statutes provides
for the purchase of merchandise, materials or equipment, or any kind
of construction work by informal quotations when the amount of such
contract is less than ten thousand dollars ($10,000); and
WHEREAS, the City Manager has obtained quotations on the
purchase of _4,000 gallons of #2 diesel fuel and has determined that
the quotation of Rollins Oil Company in the amount of $3,356.00
'(83 -9/10 per gallon) is the best quotation submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center that the City Manager be authorized to contract
for the purchase of 4,000 gallons of #2 diesel fuel in the amount of
$3,556.00 from Rollins Oil Company. v
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member , and upon vote being taken thereon the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
QUOTATIONS FOR 4,000 GALLONS #2 DIESEL FUEL
Rollins Oil Company 83 -9/10 per gallon
Midland Corporation 85 per gallon
Barton Enterprises 87 per gallon
p
Member introduced the following resolution
and moved its adoption:
RESOLUTION N0.
RESOLUTION AUTHORIZING THE PURCHASE OF 11,000 GALLONS
#2 HEATING OIL
WHEREAS, Chapter 471.345 of the Minnesota Statutes provides
for the purchase of merchandise, materials or equipment, or any kind`
of construction work by informal quotations when the amount of such
contract is less than ten thousand dollars ($10,000); and
WHEREAS, the City Manager has obtained quotations on the
purchase of 11,000 gallons of #2 heating oil and has determined that
the quotation of Rollins Oil Company in the amount of $9,119.00
(82 -9 /10 per gallon) is the best quotation submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center that the City Manager be authorized to contract
for the purchase of 11,000 gallons of #2 heating oil in the amount of
$9,119.00 from Rollins Oil Company.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
QUOTATIONS FOR 11,000 GALLONS #2 HEATING OIL
Rollins Oil Company 82 -9/10 per gallon
Midland Corporation 85 per gallon
Barton Enterprises 87 per gallon
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY
IMPROVEMENT NOTES
WHEREAS, there is a need for interim financing prior to the
selling of bonds to finance certain improvement project costs which
are to be assessed against benefited properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center, Minnesota, to authorize the issuance and
sale by Special Assessment Construction Fund No. 58, Temporary Improve-
ment Notes in the amount of $70,000. These notes shall be dated
November 19, 1979, and shall be payablse out of proceeds of the final
bond issue for the projects. These notes shall bear an interest rate
of 6% per annum in accordance with Resolution No. 74 -32, dated
February 25, 1974, which established an interest rate on loans from
the Investment Trust Fund to other City Funds.
T
BE IT FURTHER RESOLVED that the City of Brooklyn Center
Investment Trust Fund be authorized to purchase these notes.
BE IT FURTHER RESOLVED that the Mayor and City Manager be
authorized to execute the aforementioned notes.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMISSION /
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
_ NOVEMBER 8, 1979
CITY HALL
CALL TO ORDER
The Planning Commission met in regular session and was called to order by Chairman
Hal Pierce at 7:36 p.m.
ROLL CALL
Chairman Pierce, Commissioners Malecki, Theis, Hawes, Manson, Lucht and Erickson.
Also present were Director of Planning and Inspection Ronald Warren, Superintend-
ent of Engineering James Noska, Building Official Will Dahn and Planning Assist-
ant Gary Shallcross.
APPROVAL OF MINUTES - October 25, 1979
Motion by Commissioner Malecki seconded by Commissioner Hawes to approve the
minutes of the October 25, 1979 meeting as submitted. Voting in favor: Chair-
man Pierce, Commissioners Malecki, Theis, Hawes, Manson, Lucht and Erickson.
Voting against: none. The motion passed unanimously.
APPLICATION NO. 79055 (Edwin Kauffmann /Village Builders)
Following the Chairman's explanation, the Secretary introduced the first item of
business, a request to rezone from Cl (Service /Office) to R3 (Townhouse /Garden
Apartments) a tract of land located at the southeast corner of Logan and 58th
Avenues North. The Secretary explained that the application was-brought before
the Planning Commission at its September 13 meeting and that a public hearing
was held at that time. He explained that the rezoning application had been
_tabled at that meeting and referred to the Southeast Neighborhood Advisory Group
for review and comment. The Secretary stated that the advisory group met on
October 15, 1979 and advised the Planning Commission to favorably recommend the
rezoning,
The Secretary stated that there does not seem to be any conflict with the
Rezoning Evaluation Guidelines nor with the present Comprehensive Plan. The
only concern that occurs to staff, he said, is the possible negative impact
which the Northbrook Shopping Center might have on the new development. He
noted that the City has no prerogative to require site improvements at the
Shopping Center as a condition of approving the rezoning application. However,
he added, since the Shopping Center and the land to be rezoned are owned by
the same party, the developer should certainly be encouraged to pursue the
matter in his private negotiations for the property. The Secretary emphasized
that reducing the impact of the Shopping Center and this development is a valid
concern of both the developer and the City. The Secretary concluded his remarks
by stating that he had not received a written recommendation from the Neighbor-
hood Advisory Group, but had been informed verbally by Louis Sullivan, the
Advisory Group Chairman, that the Group favored the proposal.
Commissioner Hawes asked Commissioner Lucht who had attended the Neighborhood
Advisory Group meeting, what the sentiment of the Neighborhood Group had been
toward the rezoning. Commissioner Lucht stated that the Neighborhood Group
was strongly in favor of the rezoning, but that concern was expressed that the
appearance of the Shopping Center across Logan Avenue from the site should be
improved. He noted that some work to improve the Shopping Center had been
done. Commissioner Erickson asked how the meeting was attended.
11 -8 -79 -1-
Commissioner Lucht stated that only one resident in the area appeared at the '
meeting and he spoke in favor of the proposal.
Commissioner Hawes commented that the trash enclosure at the Shopping Center is
not screened. The Secretary responded that under the City's Zoning Ordinance,
it should be. Chairman Pierce expressed confidence that new residents would
put pressure on the Shopping, Center to improve its appearance and asked whether
"no parking" could be designated along that block of Logan Avenue. The Secretary
answered that the City could consider such designation, but felt that it was
not warranted at this time.
In response to a question about curb and gutter along Logan Avenue from Chairman
Pierce, the Superintendent of Engineering explained that Logan Avenue is a
Minnesota State Aid street and can be improved with State funds.' Chairman Pierce
suggested that the upgrading of Logan Avenue be accomplished in conjunction with
the new development.
The Secretary 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 R4 zoning to the south, the R5 to the
north and single family homes to the east.'
Is a more appropriate use at this location than a service /office
use.
4 Benefits the Brooklyn Center School District which is losing
housing to right -of -way acquisition by the Minnesota Department
of Transportation.
Commissioner Theis took issue with the statement that adding residents and
children would help the fiscal situation of the school district. He argued
that the C1 zoning would be better from a cost revenue standpoint than the
addition of eight townhouse units. He argued that the townhouses, insofar as
the school district is concerned, only helped to preserve 'a district that is too
small. A brief discussion ensued relative to the benefits to be derived by
the school district from the rezoning.
Chairman Pierce asked whether anyone'`was present to speak on the application.
No one spoke relating to the application.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79055 (Edwin Kauffmann /Village
Builders)
Following further discussion,' there was a motion by Commissioner Erickson seconded .
by Commissioner Manson to recommend approval of Application No. 79055 submitted
by Edwin Kauffmann to rezone Lot 1, Block 1, Northbrook Center Addition to R3
from Cl, 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
11 -$ =79 -2-
3. The subject property can bear fully the development restrict-
ions for the proposed zoning districts.
4. The subject property is considered generally unsuited for
uses permitted in the C1 zoning district because of its
location.
5. The proposed zoning will allow for development of the property
in a way which will benefit both the City and the Brooklyn
Center School District.
Voting in favor: Chairman Pierce, Commissioners Malecki, Hawes, Manson, Lucht
and Erickson. Voting against: Commissioner Theis. The motion passed. Commis-
sioner Theis stated that he was not opposed to the rezoning as such, but could
not vote in favor of the motion with the inclusion of Point No. 5 concerning
the benefits to the Brooklyn Center School District.
APPLICATION NO. 79056 (Edwin Kauffman /Village Builders)
The Secretary introduced the next item of business, site and building plan
approval for an eight unit townhouse complex at the corner of 58th and Logan
Avenues North, the site the Commission had recommended for rezoning under Appli-
cation No. 79055. The property, he pointed out, is located on the east side of
Logan Avenue across from the Northbrook Shopping Center and _is- bounded on the
north by 58th Avenue, on the east by single family homes facing Knox Avenue and
on the south side by a 75 foot wide private utility easement. He commented that
preliminary plans for this development were considered by the Commission at the
September 13, 1979 regular meeting and tabled along with the accompanying
rezoning application.
The Secretary stated that the proposed plan contemplates four two -unit
structures, with each unit having its own private lot. All units will be 24' x
46' with interior lots of 34' x 96' and the two corner lots 29' x 96'. The
Secretary noted that the applicant plans to submit a preliminary plat to sub-
divide the property and establish a Homeowners Association so the units can be
individually sold. The eastern portion of the site would be designated as a
common area. The Secretary stated that each structure will be served by two
two -car driveways separated by a green area. He stated that the dimensions of
the driveway and green area have not been determined. The Secretary explained
that the entire driveway area would be blacktopped from the sidewalk line to
the street, it being felt that the open driveway and the boulevard will better
handle the turning movements of vehicles entering and leaving and that maint-
enance of the small boulevard islands would be difficlult. He commented also
that all setback requirements are met.
The Secretary explained that the applicant wishes to take advantage of an
optional density credit of 500 square feet per tuck -under garage stall as
provided under Section 35 -400, footnote number l c of the City's Zoning
Ordinance. Since the plan calls for two tuck -under stalls per unit, he said,
the total credit sought is 1,000 square feet per unit, which reduces the required
land area from 5400 square feet to 4400 square feet per unit. At that rate,
the Secretary explained, the 39,052 square foot site can accommodate up to 8.9
units. Without the density credit, he noted, the total number of units allowed
would be 7.23. The Secretary recommended that since the density credit is
optional, at the discretion of the City Council, the Commission should ack-
nowledge that the proposed density of eight is, or is not, warranted in light
of the aesthetic benefits obtained from the tuck -under garages and the addi-
tional off- street parking it will provide. He pointed out that the plan
provides for six off - street parking stalls per unit and that the requirement
under the Zoning Ordinance is only two per unit.
11 -8 -79 -3-
The Secretary briefly reviewed the landscape plan, noting that the applicant
has proposed to provide the required screening from the Rl use to the east
with a fairly dense row of trees and shrubs. Plantings include Green Ash,
Russian Olives, Norway Maples, American Arborvitae, and Pfitzer Juniper. The
plan also indicates two 6" diameter Green Ash along Logan Avenue as required
by the Zoning Ordinance.
The Secretary stated that the proposed drainage patternfor the site is
generally from east to west. He added that the City Engineer has expressed
some concern that the higher elevations on the east side of the site may
create pockets on some of the residential property to the east. He explained
that each unit will have a separate one inch water line running down to the
edge of the property where they will be connected to a- single one and one -half
inch line coming off the main. He also pointed out that the utility plan
indicates separate four inch cast iron pipe sewer .lines connected to the
lateral in the street. The Secretary concluded by stating that the uncertainty
over the location of the monument at the southeast and northeast corners of
the property has been resolved. He explained that an error was made in a -
previous survey which placed the property line three feet inside of the fences
serving the residents to the east along the south side of the site. The east
property line has thus bedn established at just westerly of the fence line
serving the residences to the east.
In answer to a question from Commissioner Hawes regarding trash disposal, the
Secretary admitted the subject had not been discussed at length with the appli-
cant. He assumed that each unit would have their own individual trash can,
but added that any outside trash disposal facilities would be required to be
screened. Commissioner Hawes also asked about sidewalks for the area. The
Building Official answered that sidewalk is already in place. Chairman Pierce
asked how wide an MSA street is. The Superintendent of Engineering answered
that in this case, it would be 35 feet. Chairman Pierce asked whether curb
and gutter would be installed on such a street. The Superintendent of Engineer-
ing answered that curb and gutter is generally provided with a 44 foot wide
street
Chairman Pierce asked how many units would be allowed without the density
credit. The Secretary answered that 7.23 units would be allowed at 5,400
square feet per unit He explained that the credit would have the effect of
reducing the required land area per unit by 1,000 square feet per unit to
4,400 square feet per unit. The Secretary went on to explain that the screen-
ing requirement between R3 and Rl uses calls for either a 4 foot high opaque
fence or wall or a Council approved substitute to be provided by the R3 use.
He explained that because of the circumstances on the east side of the site,
the applicant prefers to use plantings rather than the four foot high fence.
Commissioner Hawes asked whether any water settles on the east side of the
site. Building Official Will Dahn responded that there is no water problem.
Commissioner Erickson asked whether there was any precedent in denying the
density credit. The Secretary answered that he was not aware of any, pointing
to the case of DeWitt Enterprises which recently received approval to build
eight townhouse units with tuck -under garages on a site that is zoned R5.
Chairman Pierce, however, recalled a case where the credit was denied.
Commissioner Erickson expressed concern about the amount of blacktop associated
with the 40 foot wide driveway openings Chairman Pierce asked what the City
policy is on the width of curb cuts. The Superintendent of Engineering
answered that curb cuts are limited to 30 feet in the multiple residential
commercial, and industrial zones, but that no express limit applied to the Rl,
R2, and R3 zones.
11 -8 -79 -4-
The Secretary explained that the Planning Commission had the option to recommend
revising the plan to show 30 foot wide openings at the street with driveways
tapering outward to the two garages; or, to recommend the plan as is which will
ensure more green area between the individual driveways.
Commissioner Hawes and the Building Official briefly discussed the parking
problem on Logan Avenue. The Building Official suggested that the Chuck Wagon
be encouraged to tell their patrons to park in the Shopping Center parking lot.
Commissioner Theis asked whether the approval of the landscape treatment as
screening from the Rl use to the east would weaken the City's ability to require
opaque fencing in other cases. The Secretary answered that the provision for
a substitute opaque treatment is optional; has been used in other instances,
and should not affect the City's ability to require opaque fencing in other
instances. Chairman Pierce noted that an R2 development would not have to
screen itself from the single family homes and observed that the landscaping
provided on the plan is abundant.
Commissioner Theis asked whether the proposed development would fit into the
R2 zoning requirements. The Secretary answered that the proposal does not fit
the R2 zoning requirements because the R -2 zone requires individual lots to be
no less than 75 feet wide. The Secretary also commented that the Homeowners
Association would be responsible for maintenance of the site and that the
units could be rented if there were no new plat.
The Commission then discussed the proposed development with the applicant, Mr.
Kauffmann and his representative Mr. Merila. Mr. Kauffmann stated that he
expected to get financing for the project from some traditional HUD source
such as FHA, GNMA, or FNMA. He stated that most of the customers he has for
other units he has built are in their 50's who make large down payments. Mr.
Merila stated that although the plan shows three structures with side entries
and one structure with an entry out the front, he would prefer to retain the
flexibility to build each unit as ordered by the customer and that the mix of
units might be different from that shown on the plan. Mr. Merila also stated
that the applicant was willing to cut the individual driveways down to 16 feet
in width with an 8 foot green area in between. In response to Chairman Pierce's
query, the Planning Commission concurred in preferring the 40 foot wide drive-
way option.
The Building Official commented that a representative of the Northbrook Shop -
ping Center mentioned to him recently that he is willing to provide more land-
scape treatment on the east side of the Shopping Center if the developer asks
for it on behalf of the neighborhood. Mr. Kauffmann stated that he was willing
to send a letter requesting such screening. The Secretary recommended that a
record of the minutes be sent to the owner in conjunction with such a letter.
He stated that such screening or even such a communication about the screening
could not be added as a condition of approval of the site and building plans.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79056 {Edwin Kauffmann /Village
Builders}
Following further discussion there was a motion by Commissioner Lucht seconded
by Commissioner Manson to recommend approval of Application No. 79056 submitted
by Edwin Kauffmann 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:
11 -8 -79 -5-
1. Building plans are subject to review and approval by the
Building Official with respect to applicable codes prior
to the issuance of permits,
2. Grading, drainage and utility plans are subject to review
and approval by the City Engineer prior to the issuance
of permits.
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 1 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 -resi-
dential 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: Chairman Pierce, Commissioners Malecki, Hawes, Theis, Manson_
Lucht and Erickson. Voting against: none. The motion passed unanimously,
APPLICATION NO. 79063 (Lawrence Rudenick)
The Secretary next reviewed 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. The Secretary
pointed out that the existing lots are each roughly 75' x 250' facing Oliver'
Avenue. The preliminary plat, he explained, 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. All
the new lots, he said, would meet the area standards for single .family, interior
and corner lots.. He noted, however, that the presently substandard corner lot
at 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. The
Secretary explained that the major thoroughfare setback requirement was in-
stituted in 1968 and that the house was built in 1952.
The Secretary stated 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.
In other instances of replatting along 69th Avenue, where it has been possible,
the City has asked for, and received, the additional, seven feet of right =of -way
by dedication. However, in the case of 6900 Oliver Avenue, the dedication of
an additional seven feet of right -of -way would cause substantial problems by
creating an even more substandard corner lot and further setback encroachments.
11 -8 -79 -6-
The Secretary 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
right -of -way. The Secretary stated 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. `
The Secretary went on explain, however, that in the case of the newly created
lot to the east, there appears to be no substantial damage caused by the dedi-
cation of seven additional feet for right -of -way purposes. He therefore recom-
mended 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 Shimshock 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 Secretary pointed out that the new plat relocates an existing 10 foot utility
easement along the east 100 feet of the old property line separating 6900 and
6906 Oliver Avenue North. The new plat places the easement along the west
property line of Lot 2 (the new lot) for a distance of 81.4 feet from the
present right -of -way line. He explained that the easement is presently used by
Northern States Power and that the power lines will be relocated. He added that
there are no City or other public utilities to be relocated.
In response to a question from Commissioner Hawes, the Secretary stated that
the County prefers that the City pick up the seven feet of right -of -way dedic-
ation along the entire distance of the plat. Commissioner Theis commented that
if the City does not pick up the land by dedication, it will require that the
County condemn the land. Commissioner Lucht pointed out that if the County
condemns the property, the lot would still wind up being unbuildable. The
Secretary acknowledged these points, but responded that if the County were
forced to condemn the property, they would have to buy the entire lot on the
corner if it left it in an unbuildable condition. He explained that the City
has taken land for right -of -way purposes by dedication only in cases where it
has
not caused an reap dam a he 50 foot
damage. The Secretary commented that t
Y 9 y
setback from 69th Avenue North would be applied to the new lot and would allow
enough space between the house and the street for a turn- around which would be
helpful in entering major thoroughfare traffic.
The Superintendent of Engineering showed the Planning Commission a profile of
the right -of -way along 69th Avenue North and noted that the County intends to
take seven feet from each side of the roadway. He also noted that the traffic
from Shingle Creek Parkway to Brooklyn Boulevard along 69th Avenue is fairly
heavy, but that east of Shingle Creek Parkway traffic is lighter. A brief
discussion ensued concerning regional traffic patterns with the addition of a
north crosstown expressway. Commissioner Manson asked whether the lot to the
east has been developed. The Secretary answered that it was built on in 1968.
Chairman Pierce observed that the 50 foot setback revision from a major
thoroughfare is intended to benefit the resident by separating him from a
busy street. The Secretary commented that in this case, the new lot is not
damaged by the taking, but that the existing lot at 6900 Oliver Avenue North
would be damaged by making it essentially unbuildable with the application of
the 50 foot setback. Commissioner Theis noted that the approval of the plat
does not create any problems for compliance with City Ordinances and yet does
not preempt a condemnation by the County. In response to a question by Com-
missioner Erickson, the Superintendent of Engineering explained that if the
road were not widened, the vacation proceedings to deed the land back to the
original property would be initiated by the City.
11 -8 -79 -7-
PUBLIC HEARING
airman ilierce then opened the public hearing. Seeing no one present to
comment on the plat, he called for a motion to close the public hearing.
CLOSE PUBLIC HEARING
Motion by Commissioner Erickson seconded by Commissioner Lucht to close the
public hearing. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis,
Hawes, Manson,.Lucht and Erickson. Voting against: none. The motion passed
unanimously.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79063 (Lawrence Rudenick
Motion by Commissioner Manson seconded by Commissioner Lucht to recommend
approval of Application No. 79063 submitted by Lawrence Rudenick for 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.
I
4. The 10 foot wide utility easement running through the
middle of Lot 2 shall be formerly vacated prior to final
plat approval. p pp val. 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.
Voting in favor: Chairman Pierce, Commissioners Malecki Theis, Hawes, Manson,
Lucht and r'
E ickson. Voting t o against: none.:. The motion passed unanimousl
9 9
p
RECESS
The Planning Commission recessed at 9:28 p.m. and resumed at 10 :02 p.m.
BOARD OF ADJUSTMENT AND APPEALS
APPLICATION NO. 79066 (Jay Joyner /Darrell Farr Development Corporation)
Following the recess, the Secretary introduced the last item of business,
Application No. 79066 submitted by Jay Joyner for Darrell Farr Development
Corporation. He stated that the applicant is appealing a ruling by the
Building Official and the Director of Planning nd Inspection regarding the
g p
9 9
interpretation of the City Sign Ordinance, particularly, Section 34 -140, 2 k
regarding real estate signs. The Secretary noted that Sign Ordinance appeals
are provided for in Section 34-170, "in order to secure the relief where it is
alleged that an administrative officer of the City has committed an error in
interpretation or judgment in issuing an order or making a determination.
11 -8 -79 -8-
Tickler Date
MEMO; CITY OF BROOKLYN CENTER
To Date
From
U - , -e / t 55 6iW.✓cce ®� Ct `c�� `F'�t 'K r ' �G�"h Z,,
44 AI s Ai f // G /ft v,Pc
�a I' l✓ e /it d eS �; � � n'Ci h aCA IV L1 dr �! /O
Z4 C f (9A/
� d
AVOID VERBAL MESSAGES
The Secretary stated that the applicant has submitted a written appeal in which
it is pointed out that the Farr Corporation is in the process of con -
verting the Beach Apartments into condominiums and that a substantial amount of
work is necessary to improve the property so that they are attractive to indivi
dual purchasers. The appeal, he said, 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, there
fore, entitled to the temporary signery provided for by that.section of the
ordinance.
The Secretary explained that the interpretation of 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. He went on to
state that the Building Official's interpretation is based on several factors
including:
1, The conversion is not considered q new residential project
development because the work referred to by the applicant
is not considered substantial, but rather "cosmetic"
internal modificiations, most of which do not require
building permi
2. The conversion process does not require site and building
plan review and approval by the Planning Commission and
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 involves a change of 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
building permit for determining the time period for the
temporary sign which also seems to imply a newly constructed
project development.
6. A broad interpretation of Section 34 -140, 2, k (2), as the
as the appellant proposes, could leave open the possibili
that other changes or conversions involvi 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. Finally, here seems to be no on i in h
Y� c flict n treating the
condominium conversion process as an example of the
activity contemplated by Section 34- 140, 2, k (3)..
11 -8 -79 -9-
The Secretary also pointed out that The Beach is entitled to other signery such
as identification signery and directional signery in accordance with the
I He noted that The Beach can have a 36 square foot freestanding
identification sign plus one 10 square foot wall identification sign per build-
ing in addition to any necessary directional signs. He concluded by urging the
Planning Commission to uphold the interpretation of the Building Official.
Chairman Pierce then called on the applicant to speak to the issue. Mr. Joyner
stated that Darrell Farr Development Corporation wants a sign that can be seen
from Highway 100. He stated that under a broad interpretation of the term
"new residential project, this first offering of condominiums qualifies as such.
He maintained that under the 14th Amendment to the Constitution, his client is
entitled to equal treatment with other new developments. He compared the sale
of The Beach Apartments for condominiums for the first time with the sale of
as few as six residential lots involving no construction which, under Section
34 -140, 2, k (2), would -be entitled to the promotional signery sought by Darrell
Farr. He also stated that he considered Section 34 -140, 2, k`(3), to apply to
the resale, not the initial sale, of residential, commercial or industrial
units.
Chairman Pierce asked what signs The Beach Apartments presently has Mr. Foy,
also representing Darrell Farr and the person in charge of marketing The Beach
Condominiums, answered that the sign in question simply adds the words "for
sale to a previous sign stating "The Beach Condominiums".' Chairman Pierce
asked where the sign would be located. Mr. Foy explained that it would be
placed at a location where it could be seen from the Highway 100 and Indiana
Avenue intersection. He also stated that he considered the project to be
"substantial" since it involved the expenditure of over $300,000.00 for re-
modeling. Chairman Pierce then asked how the sale of the units was progressing,
Mr. Foy responded that a number of the apartments had been sold. He said that
when the previous sign was still up, approximately 60% of the inquiries re-
ceived about the condominiums mentioned that they had seen and responded to
the sign. As to the sign that is remaining, he said, only about 1% now say
they responded to the sign. In response to another question from Chairman
Pierce, Mr. Foy stated that he hoped to have a closing date sometime between
December 1 and February 1. He attributed a slow down in recent sales to the
rise in interest rates and also because of the removal of the sign.
Chairman Pierce acknowledged that the situation of The Beach Apartments is
probably unique. He expressed his feeling that Subsection k, 2 is probably
too liberal to be applied in this case, but that k, 3 seems to be too re-
strictive. He suggested that an amendment to the Sign Ordinance might be
needed.
Commissioner Hawes commented that he did not feel that a $300,000.00 remodeling
job should be considered substantial in light of a 5.7 million dollar resi-
dential project. Commissioner Theis commented that the State Building Code
Division is not requiring that buildings be brought up to code. Commissioner
Lucht reflected that he could not see the need to change the Sign Ordinance and
_added that he did not believe people who are interested in buying condominiums
go looking for signs. Commissioner Erickson stated that the time to take
advantage of Section k, 2 was when The Beach was originally built, not now.
Chairman Pierce concurred stating that he considered Section k, 2 to be too
liberal for the situation at hand.
11 -9 -79 -10-
Mr. Foy suggested a compromise of allowing a smaller sign for nine months. The
Secretary interjected stating that the issue is the appeal from the interpretation
of the Sign Ordinance, not negotiating a compromise that is not spelled out in
the ordinance. He pointed out that the Sign Ordinance allows for a 36 square
foot identification sign and that much of the traffic on Highway 100 is repeat
traffic. He suggested that perhaps the market to be reached by the sign has
already been reached. He stated again that he did not consider this a new
residential project.
Mr. Joyner disagreed with the Secretary stating that he considered the con-
version a new opportunity for sale. He noted that the sale of six residential
lots does not have to involve any construction and that the sale of the condo-
minium units is a sale of "lots," so to speak.
The Secretary countered that Subsection k, 3 provides for the sale of "dwelling
units in buildings containing two or more units." This, he said, appears to
cover the sale of condominium units. Mr. Joyner responded that the sale of
condominiums at The Beach is a new offering of those units as opposed to a
continual offering.
Commissioner Theis offered the example of a commercial operation in a single
building making minor alterations amounting to ten percent of the value of the
building and seeking a new occupant and asked the Secretary whether he con-
sidered this to be a comparable situation. The Secretary answered that he did.
Chairman Pierce then discussed the ordinance with the Building Official. Chair-
man Pierce no that Subsection k, 3 speaks of "two or more units" while k, 2
speaks of "six dwelling units." He suggested that perhaps Subsection k, 2 is
for larger sales. The Building Official answered that he considered that the
ordinance covers all situations although perhaps not according to people's
wishes. Chairman Pierce stated that the signs described in Subsection k, 3
appears to be a permanent sign (thereby indicating provision for ongoing sales).
The Building Official answered that all real estate signs are temporary._ Com-
missioner Hawes cautioned that the decision of the Planning Commission would
set a precedent. Chairman Pierce stated that he did not feel the present
ordinance covers the situation of converting from a rental to a "owner - occupied
.situation. The Building Official compared the present situation with the
conversion of a rental townhouse project to owner - occupied. Chairman Pierce
stated that he considered the situation to be different if people sell
individual units.
The subject of a temporary banner to advertise the condominium conversion was
then raised. The Secretary explained that the permit allowing the banner was
issued in error. The Building Official added that Administrative Land Use
Permits are to be used only for commercial promotions and not residential.
Chairman Pierce stated that he felt there was a need for some kind of Grand
Opening sign. The Secretary suggested that the applicant make use of the 36
square foot identification sign entitled to him by the Sign Ordinance. Mr.
Joyner stated that potential customers will be looking for the logo they have
seen in the literature about The Beach, and they will, therefore, not recognize
a directional sign that does not make use of that promotional device.
Commissioner Erickson stated that he agreed with the Building Official that
the conversion process is a new utilization of an existing facility. Chairman
Pierce concurred saying that although the present ordinance may not be perfect,
the interpretation of it is correct. He added, however, that perhaps a
temporary permit for a different sign is warranted.
11 -9 -79 -11-
ACTION RECOMMENDING DENIAL OF APPLICATION NO. 79066 (Darrell Farr Development
Corporation) '
Motion by Commissioner Erickson seconded by Commissioner Theis to recommend
denial of 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 real estate signs for The Beach Condominium
complex on the basis of the seven factors outlined as a basis for this
interpretation.
Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Hawes, Manson,
Lucht and Erickson. Voting against: none. The motion passed unanimously.
After the vote, Commissioner Theis stated that he felt a -gap did exist between
the two subsections of the Sign Ordinance and that some middle ground should
be found for allowing a temporary Grand Opening sign.
DISCUSSION ITEMS
a. Joint Meeting with the City Council to Discuss the Comprehensive Plan.
The Secretary informed the Commission that the City Council had decided at its
last regular meeting that it would tentatively set December 10 1979 as the
date for the joint meeting with the Planning Commission to review recommend -
ations on the Comprehensive Plan. Commissioner Hawes stated that he had a
conflict with that date.
The Commission then discussed the points made at the last Planning Commission
meeting. The Secretary stated that the Police Department was reviewing the number
of accidents over the past few years in the area by the car dealership at 69th
Avenue North and Brooklyn Boulevard and that a report will be prepared.
With regard to the addressing problem between 7000 Quail Circle and 7000 Quail
Avenue North, the Secretary stated that the cure might be worse than the
problem since many personal means of identification would have to be changed as
a result.
Commissioner Theis stated that he would like more information on the need for
expanding the retail node at 63rd and Brooklyn Boulevard. The Secretary stated
that no changes have been made as yet in the recommendation for land uses along
Brooklyn Boulevard. Commissioner Theis stated he was having trouble with the
piecemeal approach to changing uses along the Boulevard. The Secretary stated
that the increased lot width and the normal criteria of how a development
affects a surrounding neighborhood would always be vehicles for controlling
development on the Boulevard in a direction that would be most beneficial The
Secretary briefly discussed with Commissioner Hawes the ways of dealing with
houses left between two large new commercial developments on the Boulevard.
b. Replanting of Trees Taken from the Highway Right -of -way.
The Administrative Assistant 'explained to the Planning Commission that he had
raised the issue of replanting trees from highway right -of -way with the
Director of Public Works and the Director of Parks and Recreation. It was
determined in that discussion that trees greater than four or five inches in
diameter are not economically feasible to relocate, partly because the equip-
ment is not adequate to relocate trees any larger than this with any assurance'
of viability. The Director of Parks and Recreation made a review of the right-
of-way area and found no trees of a size that could be removed feasibly that
also fit into the landscape plan for Central Park.
11 -8-79 -12-
• Commissioner Theis asked whether factored into the figures on the cost of tree
relocation was a 50% reimbursement from the State which makes relocated trees
much cheaper. The Superintendent of Engineering stated that trees that have
been in the ground for some years are different than trees grown in a nursery,
that they are less likely to be viable after replanting:
ADJOU RNMENT
Motion �byy — Commissioner Theis seconded by Commissioner Hawes to adjourn the
meeting of the Planning Commission. Voting in favor: Chairman Pierce, Com-
missioners Malecki, Theis, Hawes, Manson, Lucht and Erickson. Voting against:
none. The motion passed unanimously. The Planning Commission adjourned at
11:29 p.m.
Chairman
11 -8 -79 -13-
M & C No. 79-
November 7, 1979
FROM THE OFFICE
OF THE CITY MANAGER
CITY OF BROOKLYN CENTER
Subject: 1979 Audit Agreement
To the Honorable Mayor and City Council:
I have attached the agreement for the independent audit of all City funds
for the calendar year 1979 as submitted by our Auditors, Moen and Penttila,
Certified Public Accountants.
If it meets with the Councils' approval, please authorize the Mayor and
City Manager to enter into the agreement.
The hourly rates proposed reflect a 62% increase in rates over last years
rates. It is the Finance Department's intent to offset the increase by
reducing the hours necessary to conduct the audit. The comparative hourly
rates are;
1979 Audit 1978 Audit % Increase 1977 Audit 1976 Audit
Principal $20.75 $19.50 6.4% $16.20 $16.20
Senior 18.65 17.50 6.6% 15.80 15`.60
Junior 16.50 15.50 6.5% _ 13.50 12.10
Clerical 6.50 5.25 23.8% 4.90 4.75
The 1978 total audit cost was $20,830 of which $14,532 was allocated to the
General Fund.
Respectfully submitted,
Paul W. Holmlund
Director of Finance
CITY OF BROOKLYN CENTER
Approved
Gerald G. Splinter
City Manager
CITY OF BROOKLYN CENTER
PH:pk
cc: Tom Bublitz
Attachments
.. 1
C ITY FIRE DEPARTMENT
OF
®gj� 6250 BROOKLYN BLVD.
IZZ �1 BROOKLYN CENTER, MINNESOTA 55429
C ENTER OFFICE: 561 -5443
EMERGENCY: 561 -5720
November 7, 1979
City Council
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minn. 55430
Gentlemen:
A Special Board Meeting of the Brooklyn Center Fire Department
Relief Association was held on November 6, 1979. The following
recommendations were made and approved.
Authorization was given to Treasurer Jay Hruska to purchase the
following:
Montana Power Company bonds at the interest rate of 9 -7/8/
and matures January 1, 2009. The cost is $50,760.42.
Dayton Hudson Corporation bonds at the interest rate of
9 -3/4/, with a maturity date of June 1, 1995. The cost is
$15,473.44.
We feel this is a wise decision and hope you will approve this
action.
Respectfully submitted,
9
James J . Kelly,' retary
Brooklyn Center Fire Department
Relief Association
"'7�i So rctticacg N eu �.,
- v
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Brad Hoffman, Administrative Assistant
DATE: November 16, 1979
SUBJECT: Emergency Procedures For Home Rehabilitation Grants
With the City's involvement in the administration of home rehabilitation
grants, it can be anticipated that we will encounter situations of an
emergency nature. To date, we have not formalized a procedure to deal
with such situations.
As a routine, Brooklyn Center will receive applications for its rehab
grant program on a continual basis. On a monthly basis the grant applica-
tions will be reviewed, verified and ranked and submitted to the Brooklyn
Center HRA for final approval. I would anticipate that the entire process
from the point of application to the approval of the grant would take
between four (4) and six (6) weeks.
It has been our experience under the MHFA program that emergency requests
are likely to occur. Emergency requests can involve items of a health
and safety nature or items that require prompt repair because of seasonal
considerations. An example of the health and safety problem would be
faulty wiring that constitutes an extreme fire hazard. An example of
seasonal considerations would be a leaky roof in the late fall._ The repair
of the roof would require prompt action and a delay could lead to more
serious problems.
It would be my recommendation that the administrative staff be given the
authority to approve grant applications contingent upon the following:
1. An emergency situation exists involving either seasonal consid-
erations or life /safety considerations as determined by the
Building Inspector.
2. That a preliminary income verification has been completed to
assure the applicant's eligibility under the program.
Such applications would then be submitted to the HRA along with other
application considerations for their formal approval.
In order to keep the Council informed of possible emergency situations, it
would be my recommendation that one Council member be designated as a con-
tact person to review emergency situations with. An alternate could also
be designated in case of the unavailability of the first.
BH:ln
MEMORANDUM
TO: Gerald G. Splinter, City Manager
p , Y g
FROM: Brad Hoffman, Administrative Assistant
DATE: November 19, 1979
SUBJECT Recommended Community Development Grant Projects
Two public hearings have been held by the Brooklyn Center Community Develop-
ment Citizens Advisory Group to receive public comment on potential uses of
Community Development grant funds in Brooklyn Center for year two. The first
meeting was held October 24 and the second was held November 14. It should
be noted that a quorum was not present at either meeting._ However, citizen
comment was received and recorded.
Last year the Council approved a three year Community Development Program.
Projects slated for year two included $90,000 for a rehab grant loan program,
$12,000 for the completion of the City's curbcut and ped ramp program and
$180,000 for park accessibility projects The committee, through their dis-
cussions, have recommended some amendments of the year two proposal.` It is
their recommendation that the housing rehabilitation .grant program be 'continued
and that it be funded in the amount of $90,000, the sidewalk curbcut program
be continued in the amount of $12,000 and administrative costs be programmed
in the amount of $20,000, that the park accessibility project be continued
in the amount of $143,000 and that two new projects be added.
First, it is recommended that the civic center's pool and sauna area be
made accessible to handicapped individuals with the installation of a TV
camera, speaker and electronic door on the north end of the building. It
is proposed that handicapped individuals having memberships in the pool or
desiring to use the pool facility could check in through an intercom and TV
system with the clerks on the upper level. They in turn could verify if
the applicant was a member or handicapped and then access could be controlled
with an electric door similar to the door currently used in the police depart-
ment. It is a belief of the committee that this is a more suitable approach
to providing accessibility to such individuals as opposed to the proposed
elevator for the community center. The committee is recommending that $20,000
be allocated for this activity.
The second project being recommended is a solar heating demonstration project.
It is the recommendation of the committee that six (6) homes belonging to
Low or moderate income individuals be selected for retrofitting for passive
solar applications. It is the intent of the project to demonstrate the
feasibility of retrofitting existing residential structures in Brooklyn
Center to take advantage of their solar heating potentials. It is the goal
of the project to demonstrate that the use of passive solar heating tech -
niques is economically feasible and available: to most homes in Brooklyn Center
as well as other parts of the country. The program contemplates the use of
technicians involved in solar heating in the selection and design of passive
solar techniques. Six (6) homes would be selected that offered different
Gerald G. Splinter -2- November 19, 1979
heating problems for solar adaptation. The committee is recommending that
$40,000 be made available for this project and that the project be staged
over a period of years to determine the exact impact of the solar applica-
tion.
Barb Jensen, Chairperson of the Citizens Advisory Group, will be available
to answer any of the Council's questions relative to their proposed projects.
BH:ln
Metropolitan Transit Comm
801 American Center Building St. Paul, Minnesota 55101 612/221 -0939
November 9, 1979
Mr. Donald G. Poss
City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: 1980 Passenger Waiting Shelter Program
Request for Site Recommendations
Dear Mr. Poss:
During the past seven years, the Metropolitan Transit Commission has
installed approximately 600 passenger waiting shelters throughout the
metropolitan area. Many of the shelter sites were identified and
recommended by the cities in which they are located. The input from
the cities has been valuable in assisting the MTC to locate the shelters
where they would best serve the needs of the cities and their residents.
At this time, the MTC is initiating work on a passenger waiting shelter
program for 1980. Unlike earlier programs which each included from
75 to 130 passenger waiting shelters, the 1980 Passenger Waiting
Shelter Program will include 20 shelters. The size of the program
has been reduced because of the ongoing maintenance and repair costs
of the approximately 600 passenger waiting shelters previously installed
by the MTC.
Although the 1980 shelter program will be smaller than those of
previous years, we feel it is important to have the cities recommend
sites for the MTC's consideration. Therefore, we are requesting that
you provide a list of up to three shelter locations to be considered
for the MTC's 1980 Passenger Waiting Shelter Program. It is doubtful
that more than one shelter in any given city will be installed; there-
fore, we are requesting that your shelter recommendations be prioritized
so that the MTC staff may initiate work on the highest priority site
first. Should this site not receive the adequate approvals, the MTC
staff would then initiate work on the second and third priority sites.
Enclosed is a list of potential shelter sites previously identified
by the MTC for your city. This list may assist you in establishing
your priority list.
If possible, please provide us with your shelter site recommendations
by December 15, 1979. Should you wish to discuss further the MTC's
1980 Passenger Waiting Shelter Program and potential shelter sites
within your city, please feel free to call.
Sincerely,
Davi R. Jessup
Project Meager
bRJ /n j h
Brooklyn Center
Location Load Count Direction Remarks
65th & Xerxes No. 30--40 Eastbound
57th & Logan No. 45 Eastbound
65th & Humboldt 35 Eastbound
65th & Dupont 40 Eastbound
55th Ave.'No. & Brooklyn Blvd. 30 --
City participation is required for sites with load counts less than 40.
I � Advisory Commission Roster
Conservation Commission - Chairman & 6 Members
1. Mary Ellen Vetter, Chairman 5. Bernard Wesloh
6913 Oliver Avenue North (30) 6401 Major Avenue North (29)
561 -1761 (Office 425 -3292) 537 -7295 (Office 561- 2120)
3 yr. term Dec. 31, 1980 3 yr. term - Dec. 31, 1981
2.. Henry Dorff 6. Fred Albright
6400 Willow Lane North (30) 5344 Irving Avenue North (30)
561 -4441 (Office 789 -3511) 561 -1708 (Office 646 -2868)
3 yr. term - Dec. 31, 1980 3 yr. term - Dec. 31, 1981
3. William Price 7. Dan Lutenegger
5555 Dupont Avenue North (30) 6918 Indiana Avenue North (29)
560 -0031 (Office 373 - 3731) . 560 -1366 (Office 332 -0421)
3 yr. term - Dec. 31, 1981 3 yr. term - Dec. 31, 1981
I .
4. Barbara Jensen
6539 Drew Avenue North (29) Cecilia Scott, City Council Liaison
561 -3071 4104 Lakeside Avenue-.North (29)
3 yr. term - Dec. 31, 1979 Brad Hoffman, Secretary
Human Rights Commission - Chairman & 6 Members
1. Al Weyrauch, Chairman 5. Jayne Kuhar
6407 Orchard Avenue North (29) 7235 West River Road (30)
533 -7298 (Office 330 -5577) 560 -1327 (Office 333 -3225)
3 yr. term - Dec. 31, 1979 3 yr. term - Dec. 31, 1979
2. Joyce Tolve 6. Diane Lemke
7012 Oliver Circle (30) 5307 Northport Drive (29)
561 -0193 (Office 755 -9450) 537 -8000 (Office 537 -5061)
3 yr. term - Dec. 31, 1979 3 yr. term - Dec. 31, 1980
3. Michael Miller 7. Ember Reichgott
7203 Fremont Avenue North (30) 4510 58th Avenue North (30)
566 -7090 (Office 588 -5788) 533 -2015 (Office 835 -3800)
3 yr. term Dec. 31, 1980 3 yr. term - Dec. 31, 1981
4. Edith Johnson
2818 Northway Drive, #302 (30) Gene Lhotka, City Council Liaison
560 -1086 (Office 935 -8474) 6035 Lyndale Avenue North (30)
3 yr. term - Dec. 31, 1981 Tom Bublitz, Secretary
Advisory Commission Roster (continued)
Park and Recreation Commission - Chairman & 5 Members
1. Gerald Johnson, Chairman 5. Jacqueline Albright
6448 Noble Avenue North (29) P.S.A. I
537 -9214 5344 Irving Avenue North (30)
3 yr. term - Dec. 31, 1981 561 -1708
3 yr. term - Dec. 31, 1981
2. , Dawn Kiefer
P.S.A. IV 6. Arvid (Bud) Sorenson
6218 Kyle Avenue North (29) P.S.A. III
537 -6515 6901 Toledo Avenue North (29)
3 yr. term - Dec. 31,.1979 566 -4524
3 yr. term Dec., 31, 1981
3. Leahnell Hickman
P.S.A. II
7024 Emerson Avenue North (30)
561 -4181
3 yr. term - Dec. 31, 1979
4. Michael Streitz - At Large
2006 Brookview Drive (30) Tony Kuefler, City Council Liaison
560 -0034 5943 Abbott Avenue North (29)
3 yr. term - Dec. 31, 1981 Tom Bublitz, Secretary
Housing Commission - Chairman & 8 Members
1. Phyllis Plummer, Chairman 6. Ronald Turner
6520 Brooklyn Boulevard (29) 2819 Nash Road (30)
561 -6520 561 -3571 (Office 296 -5145)
3 yr. term - Dec. 31, 1980 3 yr. term - Dec. 31, 1979
2. Dolores Hastings, Vice- Chairman 7. Clifford Williams
5813 Aldrich Avenue North (30) 5736 June Avenue North (29)
561 -3956 533 -5977
3 yr. term - Dec. 31, 1981 3 yr. term - Dec. 31, 1979
3. Ray Haroldson 8. Rev. Robert Cilke
1207 72nd Avenue North (30) 3307 Mumford Road (29)
561 -2092 566 -8583
3 yr. term - Dec. 31, 1979 3 yr. term - Dec. 31, 1980
4. Patricia Weitzel 9. Lowell Ainas
4418 66th Avenue North (29) 7043 Perry Avenue North (29)
533 -8384 560 -7805 (Office 830 -5998)
3 yr. term - Dec. 31, 1981 3 yr. term - Dec. 31, 1981
5. Karen Duenow
6824 Ewing Avenue North (29) Bill Fignar, City Council Liaison
566 -8784 (Office 291 -6240) 6025 Abbott Avenue North (29)
3 yr. term - Dec. 31, 1981 Brad Hoffman, Secretary
Advisory Commission Roster (continued)
Planning Commission - Chairman & 6 Members
1. Harold Pierce, Chairman 5. William Hawes
3313 Lawrence Road (29) 3612 53rd Avenue North (29)
566 -4228 537 -0788
2 yr. term - Dec. 31, 1980 2 yr. term - Dec. 31, 1980
2. Dan Erickson 6. George Lucht
5324 Boulder Lane (29) 5105 Brooklyn Boulevard (,29)
537 -0486 535 -6270
2 yr. term - Dec. 31, 1980 2 yr. term - Dec. 31, 1980
3. Richard Theis 7. Nancy Manson
3006 Thurber Road (29) 7100 Dupont Avenue North (30)
561 -8738 561 -7179
2 yr. term - Dec. 31, 1980 2 yr. term Dec. 31, 1980
4. Molly Malecki
4207 Joyce Lane (29)
535 -1928
2 yr. term - Dec. 31, 1980 Ron Warren, Secretary
Northwest Hennepin Human Services Advisory Commission - 2 Members
1. Dr. Duane Orn
Northport Clinic (29)
2 . yr. term - Dec. 31, 1981
2. Dorothy Buckingham
6143 Lee Avenue North (29)
2 yr. term - Dec. 31, 1979
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northwest a ne in human services council
¢ 3915 adair avenue north, crystal, minnesota 55422 ® (612) 536 -0327
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November 5, 1979
Gerry Splinter, City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center MN 55430
30
Dear Mr. Splinter:
The City of Brooklyn Center is eligible for two seats on the
Advisory Commission of the Northwest Hennepin Human Services
Council. The appointment of Dorothy Buckingham for one of those
positions expires on December 31, 1979. The other position, which
is held by Dr. Duane Orn, expires on December 31, 1980.
The regular term of an Advisory Commission members is two years.
Commissioners are eligible for reappointment. Upon expiration
of a member's term of office, s /he continues to serve until his /her
successor is appointed. A copy of the Advisory Commission Job
Description is enclosed for your reference.
Ordinarily, the Commission meets the third Thursday of each month
from 7:00 to 10:00 P .m.
We will be happy to supply any additional information you might
need in filling this position. Thank you.
Sincerely,
Linda J. Terrell
Executive Secretary
Enclosure: Advisory Commission Job Description
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ADVISORY COMMISSION JOB DESCRIPTIO14
The scope of activity of the Advisory Commission shall consist of
advising the 'Board of Directors of the Northwest Hennepin Human Services
Council regarding human service matters and performing various duties and
assuming the responsibilities delegated by the Board of Directors.
The Advisory Commission shall consist.of two members appointed by the
governing body hereinafter called the appointing party, of each party having a
current population of at least 7500 and one member from each of those parties
having less than 7500.
Advisory Commissioners shall be appointed for terms of two years except
that any person appointed to fill a vacancy occurring prior to the expiration .
of the term for which his her redecessor was a ointed.shall be appointed
P PP PP
only for the of such term. Upon expiration of his /her term of
office a member shall continue to serve until his /her successor is appointed
and shall have qualified. Advisory Commissioners shall service without compensatiG
Advisory Commissioners * resign voluntarily and other than the Chairman
may be removed from office a majority vote of the governing body of the
appointing party. Vacanci, shall be filled in the manner the original
appointments were made.
'Each member of the Advisory Commission shall be. entitled to one vote..
The appointing party will be notified by the Advisory Commission Chairman
if their appointee misses three consecutive meetings of the Advisory Commission
or task force to which s /he has been assigned or volunteered. Absences from
the Advisory Commission, task force, or committee meetings shall be noted
j as "notified absence" or unnoiified absence ".
It shall be the responsibility of each Advisory Commissioner to voluntarily
serve upon at least one committee or task force. Task force membership
should correlate with an Advisory Commissioner's interests and abilities.
In fulfillment of its purpose and as authorized by the Board of Directors,
the general duties and responsibilities of the Advisory Commission shall be to:
(1) recommend service goals, policies, program priorities, objectives
and standards for the service area;
. (2) promote area agency coordination, communication and role
clarification;
(3) review area program proposals and recommend to the Board of
Directors;
(4) monitor and guide task forces appointed to provide in -depth
study of specific programs or social problems;
Advisory Commission Job Description
_._ Page Two of Two Pages
(5) advise the Board of Directors on the annual work plan and budget
requirements and.participate in decisions related to the operation
of-the Northwest Hennepin Human Services Council; and
(6) publicize the availability of services.
In•addition to.the above.:duties and responsibilities, each Advisory
Commissioner should attempt to report to their city-councils from time`to
time on needs and issues, areas the Northwest Hennepin Human Services Council
has been involved in, etc.
Each Advisory Commissioner.should become aware of the unique needs of his /
her community and "accept respobsibility for bringing cognizance of these
needs to the Northwest'Hennepin•liuman Services Council. Also, each Advisory
Commissioner should formulate positions on human service issues consistent.
with the needs of the—northwest—','are'a bringing them to the.attention of the
participating municipal•and county goyernnients.
All Advisory Commissioenrs should assist in edu , 6ational. ' programs which
will benefit, and enlighten the lives of northwest community residents.
Each Advisory Commissioner should make himself /herself available, if'possible,
to attend any governmental meetings at which issues. vital , .to.our geographical
human services area would'be considered.
Each Advisory Commissioner will avail himself /herself -to` orientation—
opportunities provided.to familiarize' himself/herself with the. purposes•
.and activities -pf this organisation. _ ers ;,..
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Licenses to be approved by the City Council on November 19, 1979
MECHANICAL SYSTEM'S LICENSE
St. N.E. �Q�C
mf r Heating 3111 California
Co o f e in
g
Faircon, Inc. 80 2nd Ave. S.E. L � J
Maple Grove Heating and
Air Conditioning 11440 Lakeland Dr.
Buil�Official
RENTAL DWELLING LICENSE
Initial:
Gary Scherber 4708 Lakeview Ave. No. -Z h
William & Dorothy Goins 6331 Noble Ave. No. d (b -U_s�
Harold Dripps 3612 54th Ave. No. (UCL4 �._�_ eL--
Renewal:
Ralph C. Johnson 5440,44 Bryant Ave. No. x ff-!
J. G. Strand 5329 Penn Ave. No. Cj - (L�lL �/✓
Ernest W. Gertzen 5347,49 Penn Ave. No. AA I
Carin Lee Rudolph 5318,20 Queen Ave. No. C1 . U
1
Dennis Tollefson 5328 30 Q ueen Ave. No.
Gene & Anna Gullord 5337,39 Queen Ave. No.
Robert Messersmith 5338 Queen Ave. No. A J
Harold & Howard Swanson 7240 West River Road
Director of Planning
and Inspection
SIGNHANGER'S LICENSE
M Scenic Sign Company Box 881, St. Cloud
Building Official