Loading...
HomeMy WebLinkAbout1991 10-07 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 7, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:00 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 Public Works Sy Knapp, Public Works Coordinator Diane Spector, Director of Planning and Inspection Ron Warren, City Engineer Mark Maloney, Director of Recreation Arnie Mavis, City Attorney Charlie LeFevere, and Council Secretary Peggy McNabb. I OPENING CEREMONIES Jim McCloskey offered the invocation. OPEN FORUM Mayor Paulson noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson announced and congratulated the $50 winners of the August and September recycling contests. Councilmember Pedlar advised the Mayor and Council that the Financial Task Force is moving along well and will begin meeting with department heads on October 16, 1991. He thanked Councilmember Cohen for a very helpful presentation made at a recent meeting. The Mayor advised the Council that, with the exception of the Planning Commission, he has met with the various city commissions and expressed appreciation and support on behalf of the Council and residents for the work they do, and in addition offered any assistance the Council may be able to provide. 10/7/91 - 1 - APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. No requests were made. APPROVAL OF MINUTES SEPTEMBER 23 1991 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of September 23, 1991, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 91 -235 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED ON WEST RIVER ROAD, IMPROVEMENT PROJECT NO. 1988 -18, CONTRACT 1989 -I The motion for the adoption of the foregoing resolution was duly seconded b member Jerry e o P g g Y Y Pedlar, and the motion passed unanimously. l i RESOLUTION NO. 91 -236 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED ON CONTRACT FOR TELEVISION INSPECTION OF SANITARY SEWERS, IMPROVEMENT PROJECT NO. 1991 -08 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -237 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1 TO WATER DISTRIBUTION SYSTEM IMPROVEMENT, IMPROVEMENT PROJECT NO. 1990 -03, CONTRACT 1991 -C The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 10/7/91 -2- RESOLUTION NO. 91 -238 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1991 -22, CODE CORRECTIONS AT COMMUNITY CENTER, PROVIDING FUNDING THEREFORE AND ACCEPTING PROPOSAL FOR ARCHITECTURAL SERVICES RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -239 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 10/7/91) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -240 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF CHARITABLE GAMBLING LICENSE FOR BROOKLYN CENTER LIONS CLUB AT LYNBROOK BOWL The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -241 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF CHARITABLE GAMBLING LICENSE FOR BROOKLYN CENTER LIONS CLUB AT EARLE BROWN BOWL The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 10/7/91 -3- RESOLUTION NO. 91 -242 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY -- WRIGHT LINE MODEL P5650 CARD PUNCH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. FINAL PLAT APPROVAL There was a motion by Councilmember Scott and seconded by Councilmember Pedlar approving the final plat of Howe Inc. 2nd Addition. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lioness 6500 Humboldt Avenue N Brooklyn Center Lions 6500 Humboldt Avenue N NONPERISHABLE VENDING MACHINES Minnesota Vikings Food Service 5200 West 74th Street Graco 6820 Shingle Creek Parkway PERISHABLE VENDING MACHINES Minnesota Vikings Food Service 5200 West 74th Street Graco 6820 Shingle Creek Parkway RENTAL DWELLINGS Renewal: David and Carolyn Wagtskjold 6845 Willow Lane N Jim Stalberger /Al Juhnke 3135 - 49th Avenue N Nell Davis 3827 - 69th Avenue N SWIMMING POOL Gittleman Management Corp. 7900 Xerxes Avenue S Beach Condominiums 4201 Lakeside Avenue N The motion passed unanimously. 10/7/91 -4- PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 91018 -- PDO FOOD STORES, INC. The City Manager presented Planning Commission Application No. 91018 submitted by PDQ Food Stores, Inc., requesting site and building plan and a special use permit approval to construct a 2,400- square -foot gas station /convenience store /car wash on the parcel of land at the southeast quadrant of 66th Avenue North and T.H. 252. The application was first considered by the Planning Commission during a public hearing on September 12, 1991, at which time the Planning Commission directed staff to prepare a resolution recommending denial of this application on the grounds that the standards for special use permits could not be met. Therefore, the Planning Commission, at its September 27, 1991, meeting, adopted Planning Commission Resolution No. 91 -5 recommending denial of Planning Commission Application No. 91018. The Director of Planning nd Inspection reviewed the details of the Planning Commission's g P g consideration, noting at its September 12, 1991, meeting the Planning Commission sought to encourage the applicant to modify the plans particularly with respect to: 1) suggested improvements to the proposed access to the site from the frontage road; 2) suggested improvements to the layout of the site, particularly the position of the gas pumps, to better lead patrons to access the property from a shared access to the east and to flow through the property with minimal congestion; 3) other suggested improvements to minimize traffic congestion on the public streets in the immediate vicinity; 4) a masonry wall rather than the proposed 6' wood screening fence to provide better screening of headlights, a stronger noise buffer, and also for durability and maintenance factors; and 5) suggested modifications to the types and intensity of the proposed lighting and canopy. The applicants were unwilling to consider the suggested modifications of the plan; and, therefore, the recommended denial. The property owner is Howard Atkins; the site currently houses the offices of Atkins Mechanical, Inc. The property has been approved for C2 zoning (subject to filing of the replat of this property). The area surrounding the property is C2 and R5 -- 66th Avenue North on the north, vacant Cl zone land (again, subject to filing of the plat) on the east, the Brookdale Motel on the south, and the West River Road frontage road on the west. Notices of the City Council's consideration of this application have been sent to residents in the affected vicinity. The application does include a request for a special use permit as gas stations and car washes are special uses in C2 zoning districts. The Director of Planning and Inspection presented an overhead transparency of the proposed site layout and reviewed recommended modifications. The proposed plan calls for three accesses to the site, two 30' wide driveways off the West River Road frontage road, and one 30' wide access onto a driveway to be constructed on the parcel to the east which will access onto 66th Avenue North at the median opening. The driveway on the east will become a joint access when that parcel is developed; and staff have recommended to the 10/7/91 -5 - applicant the access to this joint driveway be further north as was the case when the Fina plan was approved. Staff have also recommended that no access off the frontage road should be closer to 66th than the current access to Atkins Mechanical; the northerly proposed access is about 25' closer. The proposed station would have nine pump islands, six to the north and three to the south of the building. The proposed detached car wash is not consistent with Section 35 -414.6 of the zoning ordinance which requires that facilities for washing "must be enclosed within the principal building." Therefore, the applicant has requested the City consider an ordinance amendment to allow separate facilities for car washes which is included and will be addressed later in the Council's agenda. The Planning Commission felt it was necessary to revise the plans submitted by PDQ Food Stores, Inc. in the following manner as a means of meeting the five standards for special use permits. The main points of contention are: 1. Consideration of an access off the frontage road no closer to 66th Avenue North I than the existing access serving the Atkins Mechanical site. 2. Consideration of a site design that clearly leads patrons to exit the site via a shared access leading to the existing median opening on 66th Avenue North. 3. Consideration of a site design that might lead to the elimination of some gasoline dispensing pumps which would lead to better circulation on the site. 4. Consideration of only one access point from the frontage road serving this site. 5. Modification of the plans for the canopy to provide recessed lights to avoid light glare to the neighboring property. 6. Elimination of the neon band on the canopy. 7. Modification to the lan to include a minimum 6' high masonry wall to provide P g appropriate screening of the site to the residential property to the east. At the September 12, 1991, Planning Commission meeting, the applicants were present and indicated it is not their desire at this time to provide any modifications to the design plans. The Planning Commission, therefore, directed staff to draft a resolution recommending denial on the basis of the standards for the se special permit had not been met and most P likely would not be met because the applicants had indicated it was not their desire to do SO. 10/7/91 -6- Specifically, the Commission found the standards are not or will not be met on the basis of the following: 1. The arrangement of the access drives on the proposed site plan does not lead motorists to exit the site via the joint driveway to the median opening in 66th Avenue North. The result of this arrangement will be for many cars exiting the site onto the frontage road and creating traffic congestion at the intersection of the frontage road and 66th Avenue North immediately east of Highway 252. An appropriate access design for this site would have only one access onto the frontage road no closer to 66th Avenue North than the existing access to Atkins Mechanical. 2. The establishment, maintenance and operation of a gas station /convenience store /car wash will not promote and enhance the general public welfare since there is already a gas station/convenience store at the same intersection across Highway 252. 3. The presence of another 24 -hour gas station/convenience store in the neighborhood may attract more crime in the area similar to what has been experienced recently at SuperAmerica on the west side of Highway 252. 4. The lighting of the canopy and the noise and fumes from the service station will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted. It is also believed that property values in this area may suffer if the service station be built as proposed. 5. The establishment of the proposed gas station /convenience store /car wash will be a disincentive for property owners in the area to maintain and upgrade their property because of its negative impact. The Director of Planning and Inspection also pointed out the Councilmembers had in their agenda packets a copy of a letter from Evan Green, Project Manager, Minnesota Department of Transportation, reviewing the proposed plan as it relates to T.H. 252 from their perspective, in which several traffic congestion concerns were raised on the proposed site as presented. Mayor Paulson opened the meeting for the purpose of a public hearing regarding Planning Commission Application No. 91018 submitted by PDQ Food Stores, Inc. at 7:25 p.m. He inquired if there was anyone present who wished to address the Council. Jim Merila, Merila and Associates, the engineering firm hired by PDQ Food Stores, Inc., began his address to the Council by stating he didn't feel there was a debate here as to whether or not a gas station should be at this location since that was determined approximately two years ago when, after extensive discussions and studies, the Council approved a similar request from Fina. 10/7/91 -7- Mr. Merila presented three renderings and reviewed the differences of opinion as to the design factor of the proposal and the standards for a special use permit. In response to the issue regarding the access from the parcel and driveway access onto the frontage road area, Mr. Shelton advised the Council the proposed site plan has the driveway moved 25' farther to the south than to the existing driveway to provide for good ingress and egress at the service station site. PDQ felt due to the elevation difference between 66th Avenue and the site, it is too steep to have the access at that location. Mr. Merila added PDQ desires the building at the same elevation as West River Road. The proposed building elevation is 6" higher than existing building, primarily for maximum /impressionable visibility from West River Road. Mr. Merila presented an overhead transparency showing the proposed traffic configuration of the site, and stated PDQ would like to have double access in the event the first access is congested, traffic can continue on to the second access. He further stated the car wash is in back of the station so cars can come through the service station area and then go straight on back to the car wash. He added PDQ figures indicate only 10% of the service station traffic goes on to use the car wash. In response to the relative proximity of the driveway to the pumps, Mr. Merila pointed out currently the distance from the driveway to the property line is 75', and once the property is subdivided as proposed the distance will be 90' from the driveway location to the property line, both of which are well within the 40' required in section 35 -414, subd. 4 of the City ordinances. In response to promoting and enhancing the general public welfare of Brooklyn Center, Mr. Shelton maintained a store at this location would enhance the general public welfare by providing competitive pricing in the gas station /convenience store marketplace. He reiterated at this point this application is basically the same as was approved for both Fina at this specific location and SuperAmerica on the west side of T.H. 252. In response to the threat of increased crime rate, Mr. Shelton maintained this application is no different than the Fina application which was approved, and crime should not be a problem with proper enforcement. Mr. Shelton also felt T.H. 252 is a barrier which would divide the customer base; PDQ's customer base would be the east side of T.H. 252, and SuperAmerica's customer base would be the west side of T.H. 252. In addition, PDQ enforces a strict policy against loitering and has a good reputation of working well with local law enforcement agencies. In response to the lighting of the canopy, the neon band around the store, and the threat of reduced property values, Mr. Shelton indicated PDQ's proposed plans are in complete compliance with the City ordinances for C2 zoning requirements. The plan includes a 6' wood screening fence with more than the required amount of landscaping. He felt the lighting would be less than at SuperAmerica. In response to the City's concerns on the glare 10/7/91 -8- from the canopy lights, PDQ is in agreement to providing a shadow screen on the canopy that would keep the lights from shining over to the residential area, and all lighting intensity will be in compliance with the City ordinances. In response to the threat of declining property values of neighboring homes, Mr. Shelton felt there was no basis to substantiate this finding because the homes in this area are extremely well maintained. He added the rationale and justification at this location are again the same as at the proposed Fina and SuperAmerica. In response to Councilmember Cohen's comment that the comments and concerns of MNDOT had not been addressed by PDQ, Mr. Merila indicated he had just received a copy of MNDOT's letter earlier today, but he felt the 25' relocation of the driveway was merely a matter of opinion, and since the frontage road is already in place and the ordinance requirement is met, PDQ is not interested in relocating the driveway. From background information provided in the Planning Commission meeting minutes, Councilmember Rosene asked Mr. Shelton about PDQ's willingness to fund the construction of an acceleration lane to reduce traffic congestion at 66th Avenue North and T.H. 252, but yet an unwillingness to consider a masonry wall rather than a 6' wood fence. Mr. Shelton's response was PDQ felt a 6' wood fence is more attractive to a neighborhood and easier to maintain than a masonry wall; the cost factor was not a consideration when designing the plan. Following a brief address by Chris Jacobson, Director of Operations, PDQ Food Stores, Inc., on the rationale of the ingress, egress and traffic movement configuration issues, Councilmember Cohen directed staff to prepare a report addressing the traffic congestion issue and comparing the frontage road along West River Road at the subject site to the main arterial road immediately in front of SuperAmerica. The City Manager pointed out to the PDQ representatives the City's objective in relocating the access is to keep traffic moving for safety considerations, and while it may appear to be inconvenient to patrons, safety is by far more important than perceived convenience. The Mayor inquired if there was anyone else present who wished to address the Council. The following residents responded: Rod Snyder, 6408 Willow Lane, advised the Council he had been attending the Planning Commission's sessions and open hearings for quite some time. He asked if the Council is bound to its decision that previously granted a special use permit to Fina. He added he and several neighbors felt very strongly that decision two years ago was made in error, and they are hopeful the Council will not be bound to this application based on that approval. Mr. Snyder next pointed out the differences between the areas that surround the SuperAmerica site and the subject site. SuperAmerica is buffered by a freeway on the east, 10/7/91 -9- i businesses on the south, and rental buildings to the west and north, noting it is quite some distance before individual residences can be found. This proposed PDQ would mean a 24- hour lighted station within a few feet from peoples' homes, which would adversely affect the property values because of the additional traffic congestion and the threat of increased crime. He pointed out the intersection has already been re- engineered once because of the heavy traffic and expressed concern of increased danger with this type of development. Mr. Snyder said he and his neighbors feel they are struggling to maintain a quality neighborhood because of both the heavy traffic on T.H. 252 and the increased crime rate since SuperAmerica opened. On behalf of the residents in his neighborhood, Mr. Snyder expressed pride in being a Brooklyn Center resident and felt it would not be in the best interest to develop another 24 -hour gas station. He added the competition factor Mr. Shelton raised is not a good argument because SuperAmerica is already very competitive. Mr. Snyder concluded his address by asking the Council to deny this application for a site and building plan and special use permit. Philip Delane, 6518 Willow Lane, addressed the Council and stated a great deal has changed since the Fina application was approved, and expressed a great concern over the safety aspect relative to the significant amount of traffic congestion at this intersection. He further added the MTC bus stop near that intersection complicates the exit off the freeway, and re- engineering has already been required once to accommodate the traffic exiting off the freeway. Mr. Delane also pointed out that the wood fence built by the Highway Department as a barricade for the bicycle path has already been damaged by vandals, and he felt a masonry wall would be stronger and much more sound absorbent. He is also concerned about the increased crime rate and believed there is no reason to believe crime would be an less ss at a PDQ station than at a SuperAmerica station. Arvid Kuutti, 6400 Willow Lane, addressed the Council and indicated his main concern is safety. He believes this intersection is the most dangerous in the greater metropolitan area as it is not uncommon for cars and trucks to go through the intersection at speeds up to 70 miles per hour. He suggested a petition recommending the overpass be moved to 69th Avenue to eliminate some of the traffic congestion and to provide more safe movement of traffic and pedestrians. Richard Cameron, 6620 Willow Lane, addressed the Council and expressed complete agreement with the previous residents. He advised the Council PDQ has a very nice- looking store in Plymouth which is built in a depressed land site with not nearly the amount of lights. Mr. Cameron added he is also in agreement with at least two of the Planning Commission members who felt this type of development is not appropriate for this site even if all the conditions could be met. He felt the site is too close to a residential area to be zoned C2 and property values would be adversely affected by this type of development. Victoria Snyder, 6408 Willow Lane, told the Council she experiences a great deal of difficulty in making a left -hand turn going south on T.H. 252. At times it takes her as many 10/7/91 _10- as three lights to pull out. She added the crime situation is also a great concern to her and asked the Council to deny the special use permit. Chris Jacobson, Director of Operations, PDQ Food Stores, Inc., stated a PDQ would assist SuperAmerica in servicing the 54,000 cars on T.H. 252 each day and would reduce the traffic congestion at the SuperAmerica side of the highway. In addition, having service stations on both the east side and west side of T.H. 252 would eliminate the need for current SuperAmerica patrons to have to cross over T.H. 252 in either accessing or exiting the service station. In response to Councilmember Rosene's request for a description of the PDQ store in Plymouth, Mr. Jacobson indicated the main difference is that it does not have a canopy. He added, however, PDQ is now installing canopies at all its stores in order to protect patrons from the weather elements as are most oil companies. Richard Jewitt, 6552 Willow Lane, addressed the Council on his concern about the increased number of cars coming down on Willow Lane to turn around. Currently three to four cars come down Willow Lane daily to turn around, and he felt this number would certainly increase. He added he is familiar with the PDQ in Plymouth and advised the Council it is completely surrounded by commercial property and appears to be a lot smaller than this proposed station. He concluded by saying he is also very concerned about potential crime. Jim McCloskey, 8534 Riverview, Brooklyn Park, addressed the Council and stated he was a past member of the Planning Commission. He advised the Council he did not think a 24- hour service station is good for the site, and added his main concern is the safety of people getting off the bus at this intersection. He felt PDQ would have to assume all liability for any injuries from all cars turning onto T.H. 252. The Director of Planning and Inspection pointed out the Fina plan submitted two years ago was approved by the Council after a great deal of careful review and deliberation. He added that the layout and configuration proposed by Fina were quite a bit different than this one being proposed by PDQ Food Stores, Inc. He indicated the City's main concern is to maintain the current effective engineering design of T.H. 252 and 66th Avenue North, and added the comments submitted by the Highway Department point that out quite well. The Director of Planning and Inspection advised the Council the canopy and lighted panels at SuperAmerica were not in the plan that was approved and is on file in the City offices. He said the City has made contact with SuperAmerica and will pursue this discrepancy. The Director of Public Works reviewed engineering concerns on the traffic flow and congestion: 1. The proposed driveways are wide enough to be two -way driveways. 10/7/91 2. The pump islands are two- sided. It is misleading to say all the traffic will be encouraged to all go through the site in the same direction. Experience indicates it just doesn't work that way when the pumps are two- sided. 3. All proposed parking on the site is at 90- degree angles which is conducive to two -way traffic rather than one -way. 4. Regarding the proposed shared driveway with future development, PDQ has objected to designing two hard left -hand turns coming in to the site, however, the hard left- . hand turns going out of the site are much harder than the two hard left -hand turns coming nto the site to which the objected. g Y J 5. Staff have attempted to suggest eight to ten configuration modifications that would make the site plan more acceptable to the City and probably more accommodating to its patrons, but the applicant has rejected them all Thus, the basis for the denial recommendation. Mr. Shelton responded to those comments by saying that PDQ felt the layout as proposed does lend itself very well to good traffic movement. He added PDQ would be willing to construct a masonry wall rather than a 6' wood fence. L.T. Merrigan, representing the property owner, addressed the Council and stated he felt the major point of contention is the location of the access points. He pointed out the plan does conform to the City ordinances as far as distances are concerned. He suggested if the Council is of the opinion that a service station is an appropriate use for this site similar to what has been proposed, this request be approved as submitted by PDQ subject to the condition that the concerns of the Council and staff be worked out with PDQ Food Stores, Inc., to mutual satisfaction. He further recommended as an alternative, any Council action on this request be deferred until these issues can be further addressed. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing. In response to Mr. Snyder's request for clarification as to what degree the Council is in fact bound by the five criteria established in section 35 -220 on standards for special use permits, the City Attorney stated the City is bound by the ordinance to the degree that if the criteria are met, a special use must be granted; if the criteria are not met, a special use permit can be denied. He added, however, these particular criteria can become a matter of opinion, and expert planners would be needed to testify in a court as to whether or not these standards were met. He pointed out this property has historically been a service station site. A service station is a conditional use of a C2 zone, and if a court were to find that the standards for a special use permit had been met, the City would be compelled to issue a special use permit. He added service stations have very different characteristics than other 10/7/91 - 12 - C2 permitted uses such as retail stores. Some examples are more litter, more noise, more traffic, more mechanical noises of the car wash in operation, and longer hours of operation. These would be rational bases for the City to consider this type of use different from other permitted uses in a C2 zone. The City Attorney advised the Council the question before them is whether this property use with the layout as proposed and with the characteristics of the site meet the standards for a special use permit. He added it would be difficult to find a credible appraiser to substantiate that property values would diminish because of the service station, and the SuperAmerica on the west side of T.H. 252 and the fact that this site has formerly been a gas station would definitely not be in the City's favor. He recommended the Council make an honest judgement in accordance with the criteria in the ordinance, and he felt a court could not substitute its judgement for that of the Council. The motion to close the public hearing passed unanimously at 8:48 p.m. Councilmember Pedlar advised the Council he did not support the Fina request and could not support this request from PDQ Food Stores, Inc., mainly for two reasons. He supported the residents' concern about an adverse effect on property values, and recalled residents' same concern two years ago when Fina submitted a proposal. He also discussed the current crime situation at SuperAmerica, and stated police records would certainly indicate the SuperAmerica station is experiencing a great deal of serious confrontation problems. With due respect to Mr. Atkins' right to sell his property, he felt the Council needs to look at what would be in the best interest of the community when considering development of this site. In response to Councilmember Cohen's question as to where the City would stand if the applicant were to meet the standards as set forth for the special use permits as far as traffic movement, lighting, etc., the Director of Planning and Inspection said that if the site plan were revised as suggested, the critical standard as to whether this development would promote and enhance the general welfare and not be detrimental to or endanger the public health, safety, morals, or comfort, would have been addressed. Councilmember Scott reported she had driven to the intersection over the weekend to observe the traffic congestion. She agreed with Mr. Snyder that the intersection is very dangerous, and it is extremely difficult to make a left -hand turn onto T.H. 252. She expressed concerns about both the traffic congestion and the layout as proposed. She further questioned PDQ's lack of interest in trying to work out the concerns and recommendations by the City Planning Commission and staff. Councilmember Rosene felt the general welfare of Brooklyn Center may not be best served by this sort of commercial use at this site. 10/7/91 - 13 - In response to Mayor Paulson's request for a comparison of this ingress and egress to the similar situation on Brooklyn Boulevard addressed by the Council several weeks ago, the Director of Planning and Inspection and the Public Works Director indicated several significant differences, including the requirement of a special use permit for this use, a much higher volume of vehicles at this location over the Brooklyn Boulevard location, and a much higher rate of speed of the cars travelling on this highway. CounciImember Cohen suggested the Council consider tabling this request for further review, and asked the City Attorney about the legality and time frame of such action. The City Attorney responded by saying that tabling it for an indefinite period of time should be at the request of the applicant. The Council could defer action for 30 days from this evening in order to make a final determination. He added the City does have some time either with or without the acceptance of the applicant; however, given the history of this issue it seems that approving it subject to the parties working out the concerns and standards to mutual satisfaction probably would not be effective. Councilmember Cohen suggested a resolution be drafted addressing specifically the standards for special use permits and the City Attorney's concerns with respect to those standards as applied to this particular application. A resolution such as this would ensure any action taken by the City Council would be warranted. In response to Councilmember Rosene's question as to why PDQ objects to recessed lighting, Mr. Shelton said they desire the same exposure SuperAmerica enjoys on the west side of T.H. 252. In response to Councilmember Rosene's question as to what ways the welfare of the City of Brooklyn Center would be enhanced by a PDQ service station, Mr. Shelton reiterated Mr. Jacobson's earlier comments that it would assist SuperAmerica in servicing the 54,000 cars on T.H. 252 each day, and would reduce the traffic congestion at the SuperAmerica side of the highway. In addition, having service stations on both the east side and west side of T.H. 252 would eliminate the need for current SuperAmerica patrons to have to cross over T.H. 252 in either accessing or exiting the service station. He further suggested while it may not necessarily enhance the general welfare of Brooklyn Center, he felt it would not take away from it. He felt it would be well landscaped and attractive, and may well be better than some other type of business that may go at this site if PDQ does not. The City Attorney cautioned the Council about relying on that particular clause in standard (a) of section 35 -220 regarding enhancement of the general welfare on a denial of this request because it could in fact enhance the City's welfare by creating jobs and providing a service. It would be difficult to defend because doing so would also imply that any C2 business here would not meet that specific standard criterion. 10/7/91 - 14 - Councilmember Pedlar asked the City Attorney to more clearly define standards (a) and (b) of section 35 -220 at the next meeting. He further asked the City Manager to compile information on the number and types of police calls currently occurring at SuperAmerica. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to direct staff to prepare a resolution of denial of Planning Commission Application No. 91018 based upon the Planning Commission's findings and conclusions that the application does not meet the provisions for standards for a special use permit, and to further direct staff and the City Attorney to elaborate on the provisions for standards for special use permits to ensure any action taken by City Council is warranted. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:35 p.m. and reconvened at 9:53 p.m. DISCUSSION ITEMS WATER SLIDE OPERATIONS AND SCHEDULING The City Manager presented information on the water slide operations as requested by the Council at its September 23, 1991, meeting. The information included a report from North Star Risk Services, Inc., relating to loss prevention, as well as a response to that report from Mjorud Architecture; and a copy of the Minnesota Department of Health's regulations regarding flume water slides. The City Manager also presented an overhead transparency of the modified plan, and reviewed the new "double" loop which was designed after discussions with and recommendations from other architects, as well as the recommended lap swimming lanes. He added the State health staff have recommended minimum swimming activity near the water slide discharge and exit area. The Recreation Director distributed the proposed swimming and swimming - related activities seasonal schedules and advised the Council the schedules have been designed to provide both maximum use of the swimming pool and a fair amount of time for every type of swimming activity. The Mayor, Council and staff discussed the proposed schedules and the different groups of swimming pool users and activities. In response to the Mayor's question as to how the schedules are provided to residents, the Recreation Director said the schedules are published in local newspapers and the City Manager's newsletters, as well as distributed through brochures prepared by the Recreation Department. He reported staff have been successful in continually promoting use of the pool and added a home school group recently utilized the swimming pool in order to fulfill a physical education requirement. 10/7/91 - 15- i In response to the Mayor's suggestion that the pool should be large enough to accommodate every type of swimming activity without any type of restrictive scheduling, the City Manager and staff indicated many swimming activities don't seem to mix well, and lap swimmers strongly prefer the pool to themselves as it is difficult to swim laps when there are other swimming activities occurring. The City Manager added several lap swimmers repeatedly call prior to coming in to ensure the pool is void of swimmers. Councilmember Scott reviewed the swimming schedules and pointed out the lap swimmers will continue to be able to swim lengthwise laps regularly during lap swimming hours, and in addition will be able to swim laps across the width of the pool when the water slide is in use. Councilmember Rosene invited Diane Johnson, 67th and Bryant Avenues, to address the Council. Ms. Johnson advised the Council she has been an avid lap swimmer at the Community Center pool since 1982, and the August 19, 1991, publication announcing the construction of a water slide took her by surprise since she has been at the pool regularly. She raised several concerns regarding the operation, promotion, and management of the swimming pool, and advised the Council that several suggestions and recommendations she has offered to the staff from an experienced user's point of view over the years have been impolitely received and then completely disregarded. She further questioned the costs of operation, additional liability, special one -night events, and increasing membership fees. She felt there is a need for several more lap swimming lanes in order to reduce the number of lap swimmers in the swimming lane at the same time. She advised the Council that lap swimmers need to swim consistently every day in order to meet their objective and added every consideration and accommodation the Community Center pool can offer lap swimmers is important and greatly appreciated. She concluded by saying she felt very discouraged by what has been happening with the swimming pool and is hopeful to see some communication with swimmers result in improved conditions. The Mayor, Council and staff discussed Ms. Johnson's concerns and questions, and concurred that all types of swimmers need to be accommodated as much of the time as possible, the water slide should help the swimming pool bring in additional revenue, and staff need to work on creative ways to promote use of the pool. Councilmember Cohen suggested perhaps the City Council is not the best source to be making swimming pool decisions and possibly a study should be done to obtain some valid opinions and figures. Councilmember Pedlar reviewed the objective of the swimming pool operation and stated the pool and water slide will need content customers in order to bring in money. He felt the problems of communication have now been identified, and can be successfully resolved. There was a motion by Councilmember Pedlar and seconded by Mayor Paulson directing staff to obtain clear input from the regular lap swimmers as to how they can best be 10/7/91 -16- accommodated, and to then develop a swimming pool program and schedule which will facilitate maximum use of the pool and accommodate all the different types of swimming groups /customers to be brought back to the Council for further consideration. The motion passed unanimously. RESOLUTION RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 91017 SUBMITTED BY DENNIS AND GLORIA CARDINAL The City Manager presented a resolution regarding the disposition of Planning Commission Application No. 91017 submitted by Dennis and Gloria Cardinal, pointing out the Council had considered the application on September 21, 1991, and had at that time requested staff to prepare a resolution outlining the history and facts of this application and setting forth the reasoning and rationale for denial. The application was a request for an appeal of a determination made by the Director of Planning and Inspection that parking a tow truck in a residential zone is a nuisance as defined by section 19 -103 of the City ordinances and is not a land use eligible for a special use permit. The Mayor asked if anyone present wished to address the Council. Bob Wilson, attorney at law representing Dennis and Gloria Cardinal, came before the Council and expressed disappointment that the Council would adopt this resolution denying the application which will result in the City facing a lawsuit. Mr. Cardinal also expressed disappointment in the Council's decision and questioned why other owners of tow trucks had not been ticketed. The Director of Planning and Inspection responded he is unaware of any violators at this time, and would in fact pursue any violations that may be occurring. RESOLUTION NO. 91 -243 Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 91017 SUBMITTED BY DENNIS AND GLORIA CARDINAL The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. ORDINANCES AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING GAMBLING REGULATIONS The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances Regarding Gambling Regulations for a first reading. A criterion established by the State's Gambling Board for city liquor licenses is that charitable organizations may only pay the 10/7/91 - 17 - liquor establishment a rent which cannot be based on the proceeds. Brooklyn Center originally set this rent limit at $100 per week, which at the time was the maximum allowed by the State's Gambling Board. The State, however, has since raised this limit, first in 1989 to $600 and just recently to $1,000 per month. This amendment is in response to a request from the Brooklyn Center Lions Club for the City to review its rate and increase it to $700 per month as the Lions Club was unaware of the City's $100 per week limit, and has been paying $600 per month since the State increased its limit. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve for first reading An Ordinance Amending Chapter 11 of the City Ordinances Regarding Gambling Regulations. The motion passed unanimously. AN ORDINANCE VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT IN EARLE BROWN 1ST ADDITION The City Manager presented An Ordinance Vacating a Portion of a Drainage and Utility Easement in Earle Brown 1st Addition for a first reading. The owner of Lot 4, Block 1, Paul Horarik, has requested that the City vacate a portion of the easement adjacent to his easterly lot line, as it is his desire to build a garage next to the house into the area currently dedicated as public easement. The ordinance is provided for consideration and a first reading by the City Council, and if the first reading is conducted, the proposed ordinance will be published along with a notice of public hearing, prior to final adoption of the ordinance. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to approve for first reading An Ordinance Vacating a Portion of a Drainage and Utility Easement in Earle Brown 1st Addition and setting a public hearing for November 4, 1991, at 7:15 p.m. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY'S ORDINANCE TO ALLOW DETACHED CAR WASHES AT SERVICE STATION SITES The City Manager presented An Ordinance Amending Chapter 35 of the City's Ordinance to Allow Detached Car Washes at Service Station Sites for a first reading. The Planning Commission considered the above entitled ordinance amendment during its review of Planning Commission Application No. 91018 involving the proposed PDQ gas station/convenience store /car wash. Detached car washes are not permitted under the current ordinance which requires facilities for washing vehicles to be enclosed within the principal building. If approved, a date and time for public hearing will be established. In response to Councilmember Cohen's request for explanation as to why it would be beneficial for the City to amend the ordinance, the City Manager advised the Council the original intent of the ordinance was basically to ensure an acceptable type of structure /exterior. He added, however, being able to provide either an attached or detached facility will provide greater flexibility in designing for good traffic circulation and appropriate stacking, and by requiring the building materials and exterior treatment of a detached facility 10/7/91 - 18- be of the same level of quality as the principal building should address any concerns regarding the appearance of such a building on the site. The Director of Planning and Inspection advised the Council that owners of service stations need a special use permit in order to either install a car wash at a service station without one, or to detach an existing attached car wash. Councilmember Rosene raised a concern that a portion of the Planning Commission's recommendation may have been lost in the proposed amendment to the ordinance, and recommended the ordinance should include that the exterior of the car wash should match that of the primary building. The Director of Planning and Inspection responded that may be difficult because of availability of the same types of supplies years after original construction. In response to Councilmember Pedlar's suggestion that the Council may want to consider limiting the hours of operation of car washes, Councilmember Cohen suggested including the restricted hours of operation in the special use permit. The City Attorney advised the Council if it can be substantiated that the hours need to be restricted in order for an application to meet standards of the special use permit, then the hours can in fact be restricted. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 of the City's Ordinance to Allow Detached Car Washes at Service Station Sites and setting a public hearing for November 4, 1991, at 7:15 p.m. The motion passed unanimously. �I DISCUSSION ITEMS -- CONTINUED i STAFF REPORTS REGARDING PUBLIC UTILITY SYSTEM FINANCING The City Manager presented the staff reports regarding public utility system financing and advised the Council it is at this time of year the Council generally addresses utility rate schedules. REVIEW OF WATER UTILITY RATES The Public Works Coordinator briefly reviewed a schedule of the water utility anticipated capital improvements, and advised the Council that staff had reviewed the currently scheduled water rates to determine their continued adequacy. While the existing 1992 rate established in resolution No. 90 -247 is expected to adequately support the expected 1992 expenditures, with the anticipated capital outlays, cash and investment reserves will fall below the $3.7 million minimum balance retained as a restricted reserve for purposes of partial funding of a future water treatment plant. The scheduled rate increases would assist in both avoiding operating losses and maintaining cash reserves. 10/7/91 - 19- The Public Works Coordinator presented the anticipated usage activity for the next two years and pointed out the projected deficit in 1991 is a result of decreased water use due to the excessive rainfall the City has experienced this year. She further advised the Council that while the fund balance has covered capital improvements over the past few years, the balance is going to continue to fall because of the many improvements the Public Works Department anticipates over the next few years. The Public Works Coordinator presented a staff review of possibly phasing out the use of interest earnings to subsidize the water utility rates. The review was in response to a recommendation from the City's financial auditors to avoid the practice of passing on the costs of today's services to tomorrow's taxpayers. The Public Works Coordinator reviewed the performance expected over the next two years and recommended the interest rate subsidy be phased out at a rate of 20% each year to provide additional reserves for capital outlay and to move toward making the utility operations self- sustaining. A study of the long -term effect of this subsidy shows by the year 2000, the subsidy results in a ten -cent differential in the rate per 1,000 gallons of water. However, phasing out the subsidy could increase cash reserves for capital projects by as much as $1 million by year 2000. Maintaining a restricted reserve for a future treatment plant would reduce the impact of a rate increase to retire a bond issue by reducing the amount the utility would need to borrow. In response to Councilmember Pedlar's question as to what effect increased water rates have on usage and consumption rates, the Public Works Director stated based on Brooklyn Center's past experience and discussions with other cities, unless the rates are increased substantially, they really don't noticeably impact the usage. Councilmember Cohen asked if Brooklyn Center offers a senior citizen rate, and the Public Works Coordinator stated Brooklyn Center is still among the lowest in the metropolitan area and does not offer a reduced rate to senior citizens. The Public Works Coordinator advised the Council that approving and implementing the recommendation to phase out the interest rate subsidy would increase the established water utility rates in 1992 from 63 cents per 1,000 gallons to 64 cents per 1,000 gallons, and in 1993 from 71 cents per 1,000 gallons to 73 cents per 1,000 gallons, and further advised the Council a resolution has been drafted and is provided for consideration this evening. REVIEW OF SANITARY SEWER RATES The Public Works Coordinator briefly reviewed the sanitary sewer utility anticipated capital improvements and advised the Council that staff had reviewed the currently scheduled sanitary sewer rates to determine their continued adequacy. Staff determined that the 1992 rates established in resolution No. 90 -248 will not adequately support expected 1992 expenditures. The sanitary sewer utility is expected to have a net operating loss in 1991 greater than was anticipated at this time last year, primarily due to charges from the 10/7/91 -20- Metropolitan Waste Control Commission (MWCC) being slightly higher than expected and the overtime, contractual repair and other costs associated with the emergency repair of a collapsed main near lift station #1. She advised the Council that expenses for 1992 and 1993 are also expected to be higher than anticipated due to anticipated increased MWCC charges. The above - normal rainfall in 1991 has resulted in increased infiltration of storm water into the sanitary sewer system. This infiltration is metered along with the regular sewage flow and results in higher monthly bills from the MWCC. The City's MWCC charges represent about 75% of the utility's total operating expense. The Public Works Coordinator advised the Council the rate increases established in 1990 were scheduled to bring the utility back to operating solvency by 1993. Given current projections of operating expenses, a slightly accelerated rate of increase would be required to achieve this goal. She added that operating solvency is especially important to the sanitary sewer utility given the capital expenditures anticipated over the next decade and the need to maintain a cash reserve. She recommended at minimum the utility needs to return to its goal of operating expenses equals operating revenues. The Public Works Coordinator presented a staff review of also possibly phasing out the use of interest earnings to subsidize the sanitary sewer utility rates. She pointed out that a study of the long -term effect shows that by the year 2000 the subsidy would result in a $2 quarterly differential in the residential quarterly rate, which is eight cents per 1,000 gallons; and added, however, phasing out the subsidy could increase cash reserves by as much as $900,000 by year 2000. The Public Works Coordinator recommended the sanitary sewer rates be adjusted to continue to move the utility towards operating solvency by 1993. She further recommended the interest earning subsidy be phased out at a rate of 20% each year. She added these recommendations would result in an increase in the residential quarterly sewer rate of $4.25 (a 13% increase) rather than the rate of $3.25 (a 10% increase) already approved. The Public Works Coordinator advised the Council resolutions have been drafted covering the two options and are provided for consideration this evening. REVIEW OF STORM DRAINAGE UTILITY RATES The Public Works Coordinator briefly reviewed the proposed and estimated budgets of the storm drainage utility for the next five years as well as proposed and estimated rates to meet those budgets. She also reviewed the storm drainage utility current rate schedule as established in resolution No. 90 -246, and advised the Council that staff have conducted a study of those rates to determine their continued adequacy, and determined that the 1992 rates will not adequately support the expected 1992 expenditures. She pointed out the rate schedule made no provision for rate increases in 1992 or beyond, and revenue requirements are expected to double as the City begins a program of repair or replacement of defective 10/7/91 -21- sections of the drainage system and to construct new or upgrade the capacity of existing sections of the system. Two particular problem areas which have been brought to the Council's attention in the past year are drainage problems on 57th and 63rd Avenues. The Public Works Coordinator recommended the base rate be increased to $18 per acre in 1992 and to $24 per acre in 1993, and pointed out at the recommended rates are reasonable when compared to the rates of other metropolitan area cities. In response to concerns and questions raised by the Mayor and Council on this utility's rates and capital expenditures, the Public Works Director told the Council this utility is just one year old and staff has been working on improved project management and reporting of this utility. He further suggested the Council consider this utility on a year -by -year basis.:, The Public Works Coordinator added by this time next year the Council will be able to see exactly what the expenditures are year -by -year. She further pointed out most residents at public hearings, as well as those who call in regarding their statements, are very comfortable with explanations from the Public Works Department staff as to rates, capital expenditures, and reasons for repairs. The Public Works Coordinator advised the Council a resolution has been drafted and is provided for consideration this evening. The Mayor thanked the Public Works Coordinator for the presentations and information. The Director of Public Works recommended each utility rate schedule be acted upon separately. RESOLUTION NO. 91 -244 Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE WATER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 91 -245 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE SANITARY SEWER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 10/7/91 -22- RESOLUTION NO. 91 -246 Member Phil Cohen introduced the following resolution and moved its adoption with the provision that the 1993 rates be brought before the Council for consideration again in 1993: RESOLUTION ADOPTING THE STORM DRAINAGE UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. STREET MAINTENANCE AND IMPROVEMENT POLICIES The City Manager suggested, and the Council members concurred, this agenda item should be put on the October 21, 1991, agenda in view of both the importance of the issue and the current late hour. ADJOURNMENT There was a motion by Councilmember Cohen, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:18 a.m. (October 8). Q�� -DJ. pl'nc - Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Peggy McNabb Northern Counties Secretarial Service 10/7/91 -23-