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HomeMy WebLinkAbout1992 02-10 CCM Regular Session r 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 FEBRUARY 10, 1992 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Peggy McNabb. OPENING CEREMONIES The Council and staff observed a few moments of silence and self - reflection. OPEN FORUM Mayor Paulson noted the Council had received one request to use the open forum session this evening and invited Diane Johnson to address the Council. DIANE JOHNSON, RESIDENT OF BROOKLYN CENTER Ms. Johnson advised the Council she had attended a Council meeting back in September of 1991 and expressed her concern over the proposed waterslide. In response, the City Manager had sent her a 100 -page packet of information in January which supposedly provided the basis for the Council's approval of the waterslide construction. She stated that while her questions last September were from a lap- swimmer's point of view, tonight's questions were from a taxpayer's point of view. She felt both the construction figures in the budget as well as the projected revenues were totally unrealistic and highly unlikely. She then asked each Council member who voted for approval of the waterslide to state on what he or she based that decision. Mayor Paulson suggested a copy of the minutes of the Council meetings would provide each Council member's position on the waterslide, and another good way to address specific issues would be to contact Council members individually. 2/10/92 - 1 - Mayor Paulson also recalled an agreement had been reached with staff to have lap- swimming lanes open and available at all times the pool is open. In response, Ms. Johnson stated she had been dealing unsuccessfully with staff on that issue for the past five years. She questioned why the Council and staff would address the issue now, when the waterslide has been approved, but would not address it over the past five years. Mayor Paulson then asked if any of the Council members would like to offer a response to Ms. Johnson's request. Councilmember Cohen stated his support of the waterslide was based on research and figures presented by staff. He expressed confidence in the staff reports and projections and stated he would continue to support the waterslide. The City Manager stated the figures in the projected revenue report had been carefully prepared and had gone through a number of review processes. He said staff would continue to stand by those projected figures as being attainable. Councilmember Pedlar stated approval of the waterslide had not been a hasty decision for the Council. The swimming pool had not been self supporting for many years, and the Council had to respond to that by either increasing revenues to cover the operating costs or close the pool. He stated it was important to him that residents continue to have use of the swimming pool, and waterslides historically do generate revenue. He also continued to support his approval of the waterslide. Ms. Johnson raised the issue of the current low usage of the pool, as well as competition with outdoor water -park facilities. In response, Mayor Paulson stated he had been to the Shoreview Community Center and had observed very high usage by families. He emphasized "family usage" and felt community swimming pools and waterslides provide an excellent, much needed form of both recreation and exercise. Mayor Paulson acknowledged Bo Scout y g y Troop #154 from Hope Lutheran Church in the audience. He asked for a show of hands as to how many scouts had used the Brooklyn Center Community Swimming Pool in the past month. One scout responded. He then asked how many thought they would try the waterslide during the summer months. The response was unanimous; each scout raised his hand. In closing, the Mayor stated the Council had gone through the process carefully with the Park and Recreation Commission, City staff, as well as with citizen input; and would continue to support the waterslide. He thanked Ms. Johnson and invited her to address the Council anytime again or to contact Council members individually. 2/10/92 -2- Ms. Johnson felt the Brooklyn Center City Council needs to look at all perspectives of issues it addresses; every angle needs to be looked at and fully considered before decisions are made. The Mayor inquired if there was anyone else present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS BOY SCOUT TROOP #154 Mayor Paulson again acknowledged Boy Scout Troop #154 from Hope Lutheran Church, and thanked the scouts for participating in the waterslide issue during open forum. CABLE CASTING THE MEETING Mayor Paulson stated this was the first Council meeting to be cable cast live and welcomed the cable audience. He asked that Council, staff, and citizen remarks and positions be kept brief and to the point this evening, to provide an opportunity for everyone to be heard and to keep things both interesting and moving along. STATE OF THE CITY MEETING The Mayor advised the Council that on March 19, at 12 noon, at the Brooklyn Center Holiday Inn, an annual state of the city meeting will be held with the Brooklyn Center Chamber of Commerce. The Mayor will be scheduling some additional meetings around that time to get moving on some of the things the Council has been talking about, i.e., a vision of the City, housing, commercial development, and citizen participation. He stated there are specific goals and agenda items he wants to place forward in that manner. He asked the Council members to mark their calendars and to contact him with anything they would like incorporated into those meetings. The Mayor will check into having media coverage of the state of the city meeting with the local newspapers and cable television. BROOKLYN CENTER HOCKEY ASSOCIATION Councilmember Pedlar asked that the recent request from the Brooklyn Center Hockey Association for financial assistance be put on the next Council agenda to be considered and finalized. NATIONAL MIDDLE LEVEL EDUCATION WEEK Councilmember Scott thanked the City Manager and Council for including a proclamation of the week of March 15 through 21, 1992, as Middle Level Education Week on the Council agenda. She noted the high amount of media coverage and the emphasis being placed on education from the presidential candidates, and stated education is finally becoming a forefront in our society. She acknowledged the changes taking place in the middle level of our school systems with junior high schools being changed to middle schools, and noted the importance of acknowledging the hard work of the educators in the Brooklyn Center community. She expressed appreciation in seeing the proclamation on the Council agenda. 2/10/92 -3- APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Council members requested any items be removed from the consent agenda. Councilmember Cohen requested the minutes of the January 27, 1992, meeting be removed from the consent agenda. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar approving the agenda and consent agenda as amended. The motion passed unanimously. PROCLAMATION DECLARING MARCH 15-21,1992, AS NATIONAL MIDDLE LEVEL EDUCATION WEEK There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve a Proclamation Declaring March 15 -21, 1992, as National Middle Level Education Week. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 92 -24 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR WELL NO. 3 SAND REMOVAL, IMPROVEMENT PROJECT NO. 1992 -05, CONTRACT 1992 -A The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. RESOLUTION NO. 92 -25 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, TRUNK SEWER REPLACEMENT UNDER I- 94/694, IMPROVEMENT PROJECT NO. 1992 -03, CONTRACT 1992 -D The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. 2/10/92 _ 4 RESOLUTION NO. 92 -26 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AN APPROPRIATION FROM THE CAPITAL IMPROVEMENTS FUND FOR THE CITY'S SHARE OF THE COST OF CONSTRUCTION OF A JOINT FACILITY FOR PETS UNDER POLICE SECURITY (P.U.P.S.) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. RESOLUTION NO. 92 -27 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING REPLACEMENT OF DAMAGED POLICE VEHICLE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: BULK VENDOR D & G Vending, Inc. 4313 NE Washington Street Vendall Bulk Vending Co. 1820 East 38th Street GASOLINE SERVICE STATION SuperAmerica #4160 6545 West River Road U.S. West, 6540 Shingle Creek Parkway LODGING ESTABLISHMENT Brookdale Motel 6500 Lyndale Avenue N MECHANICAL SYSTEMS P & D Mechanical Contracting Co. 4629 - 41st Avenue N Palen/Kimball Company 550 Vandalia Street NONPERISHABLE VENDING MACHINES A.R.A Services 2830 N Fairview Avenue Northwestern National Life 6200 Shingle Creek Parkway American Vending Company P.O. Box 511 Sears Automotive Brookdale Bro- Midwest Vending Company 9110 Grand Avenue S 2/10/92 -5- Duoos Bros. American Legion 4307 - 70th Avenue N Beacon Bowl 6525 Lyndale Avenue N Days Inn 1501 Freeway Blvd. Pilgrim Cleaners 5748 Brooklyn Blvd. Brooklyn Center Service "76" 6245 Brooklyn Blvd. Consumer Vending 2714 East 33rd Street Target Stores 6701 Parkway Circle Earle Brown Bowl 6440 James Circle Thomas M. Hogan 2732 Xylon Avenue N General Litho Services, Inc. 6860 Shingle Creek Parkway HUB Vending, Inc. 6123 Aldrich Avenue N Johnson Controls 1801 - 67th Avenue N N.S.I. /Griswold Corporation 8300 - 10th Avenue N Lynbrook Bowl 6357 North Lilac Drive Travelers North 6601 Shingle Creek Parkway Northern States Power Co. 4501 - 68th Avenue N Twin Cities Vending Company, Inc. 1065 East Highway 36 Sears 1297 Brookdale Center PERISHABLE VENDING MACHINES A.R.A Services 2830 N Fairview Avenue Northwestern National Life 6200 Shingle Creek Parkway American Vending Company P.O. Box 511 Sears Automotive Brookdale Bro- Midwest Vending Company 9110 Grand Avenue S Beacon Bowl 6525 Lyndale Avenue N Consumer Vending 2714 East 33rd Street Target Stores 6701 Parkway Circle C.D. Flodstrom 5200 - 77th Avenue N Firestone 5445 Xerxes Avenue N N.S.I. /Griswold Corporation 8300 - 10th Avenue N Travelers North 6601 Shingle Creek Parkway Twin Cities Vending Company, Inc. 1065 East Highway 36 Sears 1297 Brookdale Center RENTAL DWELLINGS Initial: Sherry Ward 6915 Indiana Avenue N Ivan and Hazel Vetterick 4010 - 65th Avenue N Renewal: Byron and Nancy Mach 4708 -12 Twin Lake Avenue 2/10/92 -6- SIGN HANGER Topline Outdoor Advertising, Inc. 1471 - 92nd Lane NE SPECIAL FOOD HANDLING ESTABLISHMENT Best Products Co., Inc. 5925 Earle Brown Drive Cole's Gift Shop 2200 Freeway Blvd. M & S Drug Emporium 5900 Shingle Creek Parkway F & M Distributors 5951 Earle Brown Drive Fun Services 3615 - 50th Avenue N Gift Shop, Too 1501 Freeway Blvd. Kay -Bee Toy & Hobby 1320 Brookdale Center Main Street Video 6800 Humboldt Avenue N T.J. Maxx 5900 Shingle Creek Parkway Total Petroleum, Inc. 6830 Brookyn Blvd. Toys "R" Us 5425 Xerxes Avenue N TOBACCO RELATED PRODUCT Jerry's NewMarket Brookdale 5801 Xerxes Avenue N APPROVAL OF MINUTES JANUARY 27, 1992 - REGULAR SESSION Following a brief discussion with the City Manager, there was a motion by Councilmember Cohen and seconded by Councilmember Rosene tabling approval of the January 27, 1992, minutes until comments from Mr. Edward Noble could be included on page ten prior to the closing of the public hearing. MAYORAL APPOINTMENTS PARK AND RECREATION COMMISSION AND PLANNING COMMISSION Mayor Paulson introduced Mr. Charles Rickart, thanked him for his interest in the Park and Recreation Commission, and appointed him to serve on the Park and Recreation Commission. He appointed Barbara Kalligher and Jill Sherritt to the Planning Commission. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar approving the Mayoral appointments to the Park and Recreation Commission and Planning Commission. The motion passed unanimously. The City Manager noted the Planning Commission is currently without a chair, as the chair has resigned and the vice -chair passed away in December. The Director of Planning and Inspection suggested the most senior member of the Commission be appointed interim chair until a recommendation can be made for a chair at the next Council meeting. The Mayor concurred. 2/10/92 -7- PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATIONS NOS. 92001 92002 AND 92003 -- PHILLIPS 66 COMPANY The City Manager presented Planning Commission Application Nos. 92001, 92002, and 92003 submitted by Phillips 66 Company. Planning Commission Application No. 92001 is a request for site and building plan and special use permit approval to construct an 1,831 square -foot gas station /convenience store /car wash on the site of the existing Union 76 station at 6901 Brooklyn Boulevard. The application had been reviewed by the Planning Commission at its January 16 and January 30, 1992, meetings and denial was recommended through Planning Commission Resolution No. 92 -1. Planning Commission Application No. 92002 is a request for preliminary plat approval to redraw the boundary line between the service station site at 6901 Brooklyn Boulevard and the single family residence to the north. This application had been reviewed by the Planning Commission at its January 16 and January 30, 1992, meetings and was recommended for approval. Planning Commission Application No. 92003 is a request for variance approval from Section 35 -400 of the Zoning Ordinance to allow construction of a gas station/convenience store /car wash approximately 28' from Brooklyn Boulevard instead of the 50' required by ordinance from all major thoroughfares. This application had been reviewed by the Planning Commission at its January 16 and 30, 1992, meetings and denial was recommended through Planning Commission Resolution No. 92 -1. The City Manager recommended all three applications be discussed in conjunction with one another. The Director of Planning and Inspection advised the Council the minutes of the January 16 and January 30, 1992, Planning Commission meetings contained the Planning Commission's consideration of these applications. He presented a transparency of the site, which is on the northwest corner of Brooklyn Boulevard and 69th Avenue. It is in a C2 zoning district which allows gas stations, car washes and convenience stores as special uses. Public hearings would be required for both the special use permit and the variance request. The proposal is to demolish the existing building and construct a new gas station, convenience store and car wash on the site. The applicant has proposed to transfer a small triangle of land from the northwest corner of the existing service station to the site of a Cl zoned residence to the north, which would eliminate an R1 abutment nonconformance. The Director of Planning and Inspection reviewed the access /parking, landscaping, grading/drainage /utilities, building, and lighting/trash proposals; and stated the applicant has either met or agreed to meet the City's requirements in these areas. 2/10/92 -8 - The Director of Planning and Inspection pointed out the main issue with these applications was the request for setback variance off of Brooklyn Boulevard. The Planning Commission did not believe the standards for variance were met in this case, and consequently recommended denial of the variance request. The Planning Commission's major finding was the standards for a variance had not been met on the following grounds: 1. The applicant has not demonstrated that it is economically infeasible to develop the property without a car wash and thereby meet the required setbacks. A gas station/ convenience store was developed approximately two years ago by another company at 66th Avenue N and Highway 252. 2. The circumstance of a shallow lot depth off Brooklyn Boulevard is not unique. Many, if not most, lots along Brooklyn Boulevard are of insufficient depth to accommodate certain types of commercial development. It is necessary to either fit the development to provide greater lot depth from Brooklyn Boulevard. 3. The hardship experienced by the applicant is self- imposed by the applicant's requirement to have a car wash as part of its development. 4. Granting a variance for this redevelopment project would set a precedent for other redevelopment in this area and all along Brooklyn Boulevard. If some relaxation of the setback along Brooklyn Boulevard is called for, it should be pursued with an ordinance amendment rather than with variance. The Director of Planning and Inspection stated that based on these four findings, Planning Commission Application Nos. 92001 and 92003 were recommended for denial through Planning Commission Resolution No. 92 -1. The Director of Planning and Inspection stated the Planning Commission recommended approval of Planning Commission Application No. 92002 which is the preliminary plat request. The transfer of the triangle of land to the neighboring site could be accomplished but approval should be subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The preliminary plat shall be revised, prior to consideration by the City Council, to indicate a dedication of right of way for future widening of 69th Avenue North of 18' in width. 2/10/92 -9- Public hearings have been scheduled for all three applications, and notices have been sent to surrounding property owners. Councilmember Cohen asked the Director of Planning and Inspection if there had been discussion at the Planning Commission meeting about looking at the ordinance as a whole rather than granting variances. In response, the Director of Planning and Inspection stated there was discussion of that nature at the Planning Commission meeting, as well as at a joint meeting with the Council. The Planning Commission, however, had not pursued that avenue with this application. He felt the Planning Commission would be looking for some direction from the City Council for changing the setback standards through an ordinance amendment, Councilmember Cohen asked whether it was the setback or the 18' dedication that was creating the problem with this application. The Director of Planning and Inspection felt it was the setback itself creating the problem, and the 18' dedication requirement simply moved the development 18' to the north. Councilmember Scott questioned the drainage design and specifically the need for a catch basin to prevent ice buildup on the roadway in the winter months. In response, the Director of Planning and Inspection stated that while the City Engineer had reviewed the plans, detailed discussion had not taken place yet. He felt the City Engineer will be recommending the site not drain directly off the driveway onto Brooklyn Boulevard, and will be recommending some type of catch basin to catch that water. Councilmember Scott asked if allowing a developer to get around a condition by dedicating a section of land and creating outlot onto another piece of property would be setting g P P P tY g a precedent. The Director of Planning and Inspection stated the 20' triangle would be transferred in a manner where it would not be considered an outlot. Councilmember Rosene asked to what extent the applicant had tried to acquire additional land. The Director of Planning and Inspection stated he believed there had been some discussions on the possible acquisition of properties to the west and the north over the past year. Councilmember Rosene asked how the neighboring residents felt about the development. The Director of Planning and Inspection stated only one neighbor further to the north had been at the Planning Commission meeting, so it was not known what the other neighboring residents felt. The Director of Planning and Inspection stated another thing to keep in mind and what may at least lead to some justification for this application is the guidelines in the City's comprehensive plan which does recommend an expansion of the general commerce or 2/10/92 -10- C2 zoning district in the northwest quadrant of 69th Avenue and Brooklyn Boulevard. He pointed out that entire triangular area has been recommended for redevelopment, so it is likely those residences may be removed from that area at sometime. Councilmember Rosene emphasized the need for proper drainage design to prevent ice buildup on the roadway, and also the need for the proposed fence to be acceptable to the neighboring residents. He further cautioned that an additional hazard may be created with water running off the cars as they pull out onto the roadway. The Director of Planning and Inspection stated the operators would certainly have to address those issues. The City Manager pointed out that purchasing the property to the north would not solve the abutment problem, and the major problem is the 50' setback requirement. He further stated modern car wash technology includes drying devices to eliminate water running off the cars. JON BACCUS, PHILLIPS 66 COMPANY Mayor Paulson invited Jon Baccus, Phillips 66 Company, to address the Council. Mr. Baccus stated he had personally worked on the redevelopment of this site for the past one and one -half years. He presented some drawings of the proposal, and briefly addressed the comments of the Council. He felt the plan does meet the setback requirements, and the need for the variance is because of the 18' dedication requirement. Mr. Baccus took exception to the statement in Planning Commission Resolution #92 -1 stating the applicant has indicated no willingness to alter its plans to meet setback requirements. He further stated a car wash is vital to the gasoline service station. The main business is gasoline sales and car wash services; the convenience store is a very small portion of the business. In closing, Mr. Baccus stated Phillips 66 Company has eleven facilities in the Twin Cities, and the company maintains very high standards. Councilmember Scott noted the application indicates a 24 -hour operation, and asked Mr. Baccus if he was aware the City Council recently approved for first reading an ordinance that would prohibit a 24 -hour operation at this location. In response, Mr. Baccus said he was aware of the ordinance. DAVE NELSON Mr. Nelson advised the Council he has been working closely with Mr. Baccus on the redevelopment of this site. He felt the City Council may have to review and revise its ordinances for effective redevelopment of the City. He briefly reviewed the site plan, and stated he felt the proposal represents good redevelopment of the area which is consistent with the comprehensive plan. In closing, he asked the Council to carefully consider the proposal. 2/10/92 RANDY RAU, OWNER OF HOLIDAY STATION 6849 BROOKLYN BOULEVARD Mr. Rau advised the Council he has built two stations in the past five years, one with a car wash and one without. He has experienced problems with his station/car wash in New Hope, and he felt Phillips 66 would experience the same problems at this site. He felt the site is far too small for such development in that it would not allow for an adequate drainage system. Another problem would be the noise created by the blowers used to dry the cars. The residents surrounding his gas station/car wash in New Hope complained of the noise. As a result of these problems, the City of New Hope recently placed some restrictions on his car wash facility. In closing, Mr. Rau invited the Council members to visit his station at 36th Avenue and Highway 169 in New Hope to view the area to see how these problems can arise. The Director of Planning and Inspection emphasized that staff and the Planning Commission certainly are not opposed to this type of development, and they have met off and on with Phillips 66 and Mr. Nelson for quite some time to discuss the problems with the setback requirements and the nonconforming use problem due to the residential abutment. He felt redevelopment of this site will be difficult because of the size of the parcel. The Director of Planning and Inspection pointed out to the Council Mr. Rau went through this same process five or six years ago when he redeveloped the Holiday Station on Brooklyn Boulevard. The same standards were applied to his application. Mr. Rau had acquired some additional property, combined land, and also dedicated right of way property along 69th Avenue. The City Manager stated the 50' setback requirement pushes the buildings back toward the residential area, and generally the preference is to keep the activity toward Brooklyn Boulevard so the 50' setback requirement really isn't working well for this area. The City Manager further pointed out the current guide plan basically hasn't produced much redevelopment in the City. He felt the Council needs to address these problems. As the community is aging, the Council may have to evaluate and alter its setback requirements in order to promote redevelopment. He suggested the Council may want to have the staff and Planning Commission examine these issues and asked for some direction. Mayor Paulson stated he would like to see the City move forward with a request for proposals for a consultant to provide assistance in creating character for the community, and determining the type of redevelopment the City should proactively pursue to create that character. In response, the City Manager will draft a request for proposals within the next two weeks. Councilmember Scott stated this plot of land is under the same setback restrictions as all the other plots. She does not want to see the City reduce the setback requirements which would allow businesses to develop close to the roadways. She felt it is unattractive and creates traffic congestion. She is proud of the way Brooklyn Center looks and she wants to maintain that look. She also stated she is very concerned about having a car wash at this particular 2/10/92 - 12- site because of the likelihood of ice buildup on the roadway. She has seen many car accidents as a result of ice buildup from car washes, and consequently she could not support a car wash at this location. Councilmember Pedlar stated that although there is a great deal of opportunity for redevelopment along Brooklyn Boulevard, certainly nothing had been done to date. He felt the Council needs to look into the future and address redevelopment of Brooklyn Boulevard. He felt redevelopment of this particular site as proposed would not be a problem if the 18 dedication requirement did not apply. He felt this proposal is a good redevelopment opportunity, and would like to see something worked out to move ahead with it. Councilmember Cohen provided some information from a real estate journal indicating Brooklyn Center is not doing well in the area of redevelopment. In addition, he presented a 1965 map which showed very little development along Brooklyn Boulevard since that time. He noted Phillips 66 has come forward with a plan and the financial capability to redevelop a vacant, deteriorating site. He felt the City should take advantage of it and work it out with Phillips 66. He suggested the City Ordinances be amended to either offer some type of credits for the taking of right of way to compensate for the land that would be required for the setbacks or to develop a Brooklyn Boulevard zoning program. Councilmember Cohen suggested sending the plan back to the Planning Commission for them to review it and work out some options for ordinance amendments with whatever it takes to try to accommodate this particular development, and to look at how it fits in with the land space from 69th Avenue North to 73rd Avenue North. Councilmember Scott asked Councilmember Cohen how he would justify only the segment north of 69th Avenue and not the segment south of 69th. Councilmember Cohen suggested possibly because the area between the freeway and 69th Avenue is more commercial. Councilmember Cohen further stated he felt the Planning Commission is looking for direction from the Council, and it is up to the Council to set the tone for desired redevelopment. He stated the City does not have the money to offer financial assistance to businesses for development and redevelopment, and therefore needs to somehow encourage businesses to come into the community on their own. Councilmember Cohen asked about the 30 -day time clock running on the Phillips 66 applications. In response, the City Attorney stated the Council had 30 days to respond to the special use permit and variance request, and possibly a bit longer on the plat approval. The City Attorney stated further that the applicant could choose to waive the compliance requirement which would provide the Council additional time. Cohen asked Mr. Baccus if Phillips 66 would agree to extend the time on these applications to allow time for the Council to explore the suggested options. Mr. Baccus stated Phillips 66 would be willing to extend the time. 2/10/92 - 13- The City Manager stated the way this has been done in the past is that the applicant has simply waived the 30- daytime limit, and when the applicant wishes to reinstate the 30 days and start the clock running again, the applicant would write a letter to the City to that effect. In response, the City Attorney stated a good approach might be to request the applicant to waive compliance to the 30 -day time limit in writing, subject to the applicant's right to reinstate it by giving written notice to the City. Councilmember Rosene stated that although he has some concerns with the possibility of ice buildup and crowded conditions, he would prefer to see the site developed rather than left vacant. He concurred with Councilmember Cohen's recommendation that the Planning Commission work on options for ordinance amendments addressing this issue. Mayor Paulson stated he would like to see the Council address ordinance amendments separately rather than in the context of this particular applicant/land situation. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to table Planning Commission Application Nos. 92001, 92002 and 92003 with the concurrence of the applicant, and request the Planning Commission to work on possible ordinance amendments that would encompass both sides of Brooklyn Boulevard redevelopment from 69th Avenue to 73rd Avenue and explore the concept and legality of offering setback credits to developers. Councilmember Pedlar stated that in addition to the specific area indicated in Councilmember Cohen's motion, the area at 63rd and Brooklyn Boulevard is ideal for redevelopment. He felt the City needs to move forward in the redevelopment of Brooklyn Boulevard, and asked for the Mayor's support of the motion. The City Manager noted the Council had been in similar situations on a number of occasions, wherein the Council's desire was to address ordinances as a whole rather than toward one specific application. He felt the Council should pass this motion to keep the application process moving. He stated staff will then automatically include these suggestions and options in examining a policy amendment plan. He will provide the Council with an estimate of the cost and time frame involved for obtaining assistance in examining a policy amendment plan. Mayor Paulson felt businesses are in fact approaching Brooklyn Center for development, as this was the second application for a gas station in just a couple of months. He emphasized the need, however, for the City to first decide on the type of community it wants to create, and then make some determinations, for example how many and in what areas of town gas stations should be developed. In addition, he felt the City does need to proactively seek redevelopment 2/10/92 -14- Councilmember Cohen felt the City does not have the money to go with a grandiose plan for redevelopment and needs to seek development tools from the legislature. He felt developers want incentives or hot spots in which to build. The motion passed unanimously. The City Manager suggested Phillips 66 submit a letter addressing the 30 -day time limit, as suggested by the City Attorney. RECESS The Brooklyn Center City Council recessed at 9:06 p.m. and reconvened at 9:20 p.m. ORDINANCES AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING WALL AND FREESTANDING SIGNS IN THE C -2 I -1 AND I -2 ZONING DISTRICTS The City Manager presented an Ordinance Amending Chapter 34 of the City Ordinances Regarding Wall and Freestanding Signs in the C2, I1 and I2 Zoning Districts. The City Council had discussed this ordinance amendment proposal at its December 2, 1991, and December 16, 1991, meetings. The amendment reduces the amount of allowable wall signs in the stated zoning districts from the current 30% of the wall area to 11%. The ordinance also establishes a provision to allow additional freestanding signs in these zoning districts provided the establishments agree to forego all other permitted wall signs and comply with various standards established. This ordinance amendment was offered for a first reading on January 13, 1992, published in the City's official newspaper on January 22, 1992, and was offered this evening for a second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 34 of the City Ordinances Regarding Wall and Freestanding Signs in the C2, I1 and I2 Zoning Districts at 9:20 p.m. He inquired if there was anyone present who wished to address the Council. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing at 9:21 p.m. The motion passed unanimously. ORDINANCE NO. 92 -3 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING WALL AND FREESTANDING SIGNS IN THE C -2, I -1 AND I -2 ZONING DISTRICTS The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene. The motion passed unanimously. 2/10/92 - 15 - DISCUSSION ITEMS COMMUNICATIONS TASK FORCE UPDATE The City Manager advised the Council the Communications Task Force has met and reviewed the issues it will be addressing as directed by the Council. He stated the Task Force felt the lighting for the cable casting of Council meetings, however, should definitely be a decision of the Council. He briefly reviewed the lighting options that had been presented at the February 10, 1992, meeting, and asked the Council for some direction. The Mayor recommended the Council members make a decision after viewing tonight's broadcast on television to see what the quality was like. Councilmember Pedlar agreed with the Mayor, and stated it would provide an opportunity for the Communications Task Force members to view tonight's broadcast as well. In response to Councilmember Cohen's request for comment on the viewing of the video of the different types of lighting in the various council chambers, Councilmember Scott felt the drop cone lighting with the cones recessed all the way across the Council. table provided the best lighting scenario and was less obtrusive and created less shadows. She emphasized the need for a good quality product. The City Manager said staff will look at the least expensive way to get the best non -glare lighting, above eye level, and comparable to Golden Valley lighting. He will report back to the Council at the next meeting. AGREEMENT FOR CABLE CASTING SERVICES The City Manager presented an agreement for cable casting services between the City of Brooklyn Center and Northwest Community Television for the provision of professional staffing services for cable casting of all regular City Council meetings, and a resolution amending the 1992 general fund budget to provide cable casting services. Councilmember Scott felt the costs in the Northwest Community Television agreement were 100% reasonable, and that it is clear they do very competent work. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar approving the agreement for cable casting services between the City of Brooklyn Center and Northwest Community Television for the provision of professional staffing services for cable casting of all regular City Council meetings. The motion passed unanimously. RESOLUTION NO. 92 -28 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO PROVIDE CABLE CASTING SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. 2/10/92 - 16 - PRIORITIZATION PROCESS FOR UNIT 111 -- CITY COUNCIL BUDGET The City Manager advised the Council members they will have an opportunity to participate in the prioritization process for the City Council's budget. A sampling of the questionnaires being sent to every department was provided to the Council members, and they were asked to indicate some ideas for modifications and reductions to the City Council budget. The deadline for submitting these ideas is February 19. On February 24 the Council will be asked to assign priorities to each of the items and return the rankings to the Personnel Coordinator by March 4 for a presentation of the composite results at the March 9 Council meeting. The Personnel Coordinator briefly reviewed the questionnaire, and responded to questions and comments from the Council on specific items in the Unit 111 Budget. APPOINTMENT OF COUNCIL MEMBER TO TRI CITY AIRPORT COMMISSION The City Manager advised the Council a Council member had not yet been appointed to the Tri City Airport Commission. There was a motion by Mayor Paulson and seconded by Councilmember Scott appointing Councilmember Pedlar to the Tri City Airport Commission. The motion passed unanimously. Councilmember Pedlar accepted the appointment. FEASIBILITY OF JOINT MEETING BETWEEN CITY COUNCIL AND FOUR SCHOOL DISTRICTS The City Manager acknowledged the Council had recently met with the Brooklyn Center School District, and asked if the Council members want to meet with the other three school districts separately or in one joint meeting. Councilmember Scott stated she often gets calls from various members of the school boards, and it seems there has not been a lot of discussion or communication among the City and the four school districts. She felt a joint meeting with the four school districts would be an excellent way to address and resolve mutual problems, and would most likely result in some cost savings for all. Councilmember Cohen suggested individual meetings at the various school board meeting rooms and then a joint meeting with a representative of each school board spaced out over one year. The Council and staff discussed the scheduling and priority of the meetings. There was a motion by Councilmember Scott and seconded by Councilmember Rosene directing staff to schedule individual meetings with the four school districts within Brooklyn Center and then a joint meeting with a representative of each school district over a one -year period of time. The motion passed unanimously. 2/10/92 -17- ENFORCEMENT POLICY FOR VEHICLE EMISSION STANDARDS VIOLATION IN BROOKLYN CENTER The City Manager stated Councilmember Rosene had called with some concerns regarding the City's method of enforcing emission standards on vehicles which ` appear to be in violation of State emission standards. He distributed and reviewed a memo from the Police Chief outlining the City's enforcement methods and 1991 citation figures. The City Manager advised the Council that while Minnesota Statutes do not authorize the City to require a suspected violator to have his vehicle checked at a public inspection station, there may be a way to address that wherein the City could have the suspected violator report back to the police department for a recheck, or else issue a tag instructing the suspected violator to return some type of repair certification. Councilmember Rosene felt the City should establish a policy of not wanting these cars polluting Brooklyn Center. The City Manager advised the Council the police department staff are checking to see if the City can require suspected violators to go to the public inspection station. He will report back to the Council at the next meeting. FIVE -CITY JOINT DISPATCH FACILITY FEASIBILITY STUDY The City Manager presented a resolution Authorizing Participation in a Five -City Joint Dispatch Feasibility Study and Transferring Funds, and stated the joint effort is on behalf of five cities, Brooklyn Center, Crystal, Golden Valley, New Hope, and Robbinsdale, to determine the feasibility, the quality, and the cost savings of a joint dispatching stem. P g s Y He advised the Council the five cities felt the concept of one central dispatch for the group would be beneficial in terms of reduced operating costs because of the combined labor plus increased efficiency and effectiveness of a centralized dispatch station. He stated the feasibility study will provide an objective evaluation of the existing public safety radio and telephone communications used by the five cities. He recommended the Council adopt the resolution. In response to Councilmember Pedlar's question as to the positions of the police and fire chiefs of the cities included, the City Manager stated all of the police and fire chiefs supported the idea with the exception of one fire chief who, while not opposed, had expressed a concern. RESOLUTION NO. 92 -29 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PARTICIPATION IN A FIVE CITY JOINT DISPATCH FEASIBILITY STUDY AND TRANSFERRING FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed unanimously. 2/10/92 - 18 - ACQUISITION OF HOUSE AT 706 - 53RD AVENUE NORTH The City Manager advised the Council the house at 706 - 53rd Avenue North, which borders the south end of Bellvue Park, has been returned to HUD. He stated several years ago the Housing Commission and Park and Recreation Commission had discussed the possibility of the City acquiring the homes on this particular block as they became available to possibly design a parkway entrance at that point. This is the first home to become available since those discussions, and he felt the Council should discuss and provide some direction to staff. The EDA Coordinator reviewed the information, and advised the Council members he would develop some options to finance the purchase if in fact the Council desired. Councilmember Cohen expressed support of the acquisition, and stated it is an entry point to the City and certainly a parkway entrance would be more appealing than the existing condition of the homes in that area. Councilmember Scott agreed the homes in the area are not in good condition and continue to deteriorate rapidly. She felt it would be good for the City to buy the land as it becomes available, and to develop larger buildable lots for some nice homes which would provide a nice entry point into the City. She expressed concern on the costs of expanding an already good -sized park that currently has little usage, and she felt an entrance on the south end would not be desirable. Councilmember Rosene felt combining the lots and putting up new homes would be more beneficial to the City than an extended park. The Council and staff continued to discuss several options that could be considered for this area such as a combination of new housing and a park entrance. Councilmember Scott again emphasized an entrance on the south side of the park would not be desirable for several reasons. The park is in the middle of a block and it is difficult for police to patrol it. Vandalism has been a problem; the park is full of broken glass; and the neighbors bordering the park have experienced vandalism. She felt the park should be designed to serve more of the younger children of the area, rather than unsupervised teenagers from the south area and from Minneapolis. She advised the Council she would not support a parkway entrance. Mayor Paulson felt the City should determine exactly what it will do with the property before committing to the purchase. In response, Councilmember Rosene stated the Housing Commission and Earle Brown Neighborhood Group already have that vision of what they would like to see done with this area, and he encouraged the Mayor to discuss it with those groups. There was a motion by Councilmember Scott and seconded by Councilmember Cohen directing the EDA Coordinator to ask HUD to put the sale of this property on hold, and to refer this possible purchase to the Housing Commission and to the Earle Brown Neighborhood Group to see if they would be interested in this type of property acquisition in the southeast neighborhood. The motion passed unanimously. 2/10/92 _19- AN ORDINANCE AMENDING CHAPTER 5 REGARDING THE FIRE DEPARTMENT AND FIRE PREVENTION The City Manager presented a proposed Ordinance Amending Chapter 5 Regarding the Fire Department and Fire Prevention and a resolution Approving Amendments to the Fire Department Bylaws. He advised the Council the staff report outlines the major changes, and it is presented this evening for discussion only. He invited the Fire Chief and Personnel Coordinator to present the information. The Personnel Coordinator advised the Council the resolution should be passed only after the ordinance has been amended. The Fire Chief stated the changes basically clean up the language such as deleting fire marshal, adding the safety officer position which is required by OSHA, and changing the auditing committee to the financial planning and audit committee. He advised the Council the members of the fire department have had input, have agreed to the proposed changes, and have agreed the amendment provides a comprehensive fire code for the City of Brooklyn Center. Councilmember Pedlar congratulated the Fire Chief and City Manager for their work on the City's comprehensive fire code. The Fire Chief responded to questions from the Council on the proposed changes. Mayor Paulson asked the Fire Chief for a brief overview of what has transpired in the Fire Department during 1991. In response, the Fire Chief stated the department has been working on ventilation inspections; a program of ensuring ventilation hoods are being cleaned regularly and properly; inspecting sprinkler systems; getting into the apartment Y P g P Y � g g P buildings once per year; and training staff to become certified in handling hazardous materials. Councilmember Scott also noted the Fire Department's first female volunteer has recently joined the Brooklyn Center Fire Department. Mayor Paulson asked for clarification of Section 5 -108 on the process of appointing a fire chief, and raised a discussion on where the authority lies in the City for appointment of such positions. Following a lengthy discussion, the Personnel Coordinator stated she will provide the language from both the City Ordinance and the City Charter which clearly outlines that authority and process. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene approving the Ordinance Amending Chapter 5 Regarding the Fire Department and Fire Prevention for a first reading. The motion passed unanimously. 2/10/92 - 20 - CULTURAL DIVERSITY COMMITTEE I The City Manager advised the Council a number of agencies in the northwest suburban area, including the Northwest Hennepin Human Services Council, the cities of Brooklyn Center, Brooklyn Park, New Hope, Crystal, Robbinsdale, and the school districts have been discussing a joint effort in recognizing the need for training and creating awareness concerning cultural diversity issues. He briefly reviewed the information contained in the agenda packet, and asked for Council input/direction on the issue. Councilmember Rosene stated he would be interested in being Brooklyn Center's representative on the Cultural Diversity Committee. The City Manager responded to Councilmember Rosene's concerns on meeting times and dates by stating the Committee would certainly have to take into consideration working schedules in arranging the meeting times and dates. C There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen appointing Councilmember Rosene as Brooklyn Center's representative on the proposed Cultural Diversity Committee and directing staff to prepare a resolution endorsing the proposed program. The motion passed unanimously. I ADJOURNMENT There was a motion by Councilmember Pedlar, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City l i Council adjourned at 10:42 .m. J P Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Peggy McNabb Northern Counties Secretarial Service 2/10/92 -21-