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HomeMy WebLinkAbout1991 07-08 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 JULY 8, 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 7:05 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, and Philip Cohen. Councilmember Jerry Pedlar was absent. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Public Works Coordinator Diane Spector, and Council Secretary Carla Wirth. OPENING CEREMONIES The invocation was observed with a moment of silence. 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. Dave Grass, 6919 Halifax Avenue, expressed his concern with the traffic situation which would result if 69th Avenue was widened. He submitted a traffic count conducted by area residents of weekend traffic entering and exiting St. Alphonsus Church. Mr. Grass pointed out that about three - fourths of cars using Indiana Avenue turn right. Halifax Avenue residents felt it would be unfair to cul -de -sac or close Indiana Avenue and requested Indiana Avenue remain open to 69th Avenue with a closed median to allow right turns onto 69th Avenue. Mayor Paulson thanked Mr. Grass for the survey. The City Manager pointed out that this matter would be discussed further as agenda item 12c. No one else wished to address the Council, and Mayor Paulson continued with the regular agenda items. 7/8/91 _ 1 _ COUNCIL REPORTS Councilmember Rosene reported on a meeting held with the Brooklyn Center Historical Society regarding their interest in the house and garage at 4014 -69th Avenue North which was the second oldest house in Brooklyn Center (built in 1880). The Historical Society was requesting the opportunity to look into moving this house to property adjacent to the Earle Brown Farm Heritage Center. This matter would be discussed further as Agenda Item 12c. Councilmember Rosene informed the Council about the Maple Grove 'Pierre Bottineau" community parade. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. None were removed. APPROVAL OF MINUTES JUNE 24 1991 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of June 24, 1991, regular session. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 91 -166 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET AND AWARDING CONTRACT FOR ALGAE TREATMENT The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -167 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JOHN VOGEL The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 7/8/91 -2- i RESOLUTION NO. 91 -168 Member Celia Scott introduced the following resolution and moved its adoption: F RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR PARKING LOT LIGHTING SYSTEM IMPROVEMENTS AT CIVIC CENTER, IMPROVEMENT PROJECT NO 1991 -18 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -169 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS FOR REPLACEMENT OF SIDEWALKS ON BROOKLYN BOULEVARD, IMPROVEMENT PROJECT NO. 1991 -04, CONTRACT 1991 -E The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -170 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR SANITARY SEWER REPAIR ON WOODBINE LANE AT CAMDEN AVENUE NORTH, IMPROVEMENT PROJECT NO. 1991 -12A The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -171 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR SANITARY SEWER REPAIR ON 5TH STREET NORTH, IMPROVEMENT PROJECT NO. 1991 -12B The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 7/8/91 - 3 - RESOLUTION NO. 91 -172 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL AND AWARDING 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 Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -173 Member Celia Scott introduced the following resolution and ' moved its adoption: RESOLUTION APPROVING CONTRACT WITH THE UNIVERSITY OF MINNESOTA FOR CANADA GOOSE POPULATION MANAGEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -174 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 07/08/91) The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. PERFORMANCE GUARANTEE RELEASE JOHNSON CONTROLS, INC. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve release of the performance guarantee for Johnson Controls, Inc., 1801 67th Avenue North. The motion passed unanimously. HOFFMANN ENGINEERING There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve release of the performance guarantee for Hoffmann Engineering, 6530 James Avenue North. The motion passed unanimously. i 7/8/91 - 4 - CONSIDERATION OF SPECIFIED LICENSE There was a motion by Councilmember Scott and seconded by Councilmember Rosene I to approve a three -day On -Sale Intoxicating Liquor License for St. Alphonsus Catholic Church for July 26, 27, and 28, 1991. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Beacon Bowl 6525 Lyndale Ave. N. Earle Brown Bowl 6445 James Circle N. K -Mart 5930 Earle Brown Drive Scoreboard Pizza 6816 Humboldt Ave. N. AMUSEMENT DEVICE - VENDOR C.D.L. Co. 1317 N. Highway 169 Mark John Haider 3630 Admiral Lane GARBAGE AND REFUSE COLLECTION Darling & Co. /Gordon Rendering P.O. Box 12785 Mengelkoch Company 119 NE 14th Street Midwest Grease Buyers, Inc. P.O. Box 26 T & L Sanitation 8201 Logan Ave. N. Walz Bros. Sanitation, Inc. P.O. Box 627 ITINERANT FOOD ESTABLISHMENT Market Source Brookdale Center Metz Baking Company 4215 69th Ave. N. MECHANICAL SYSTEMS NewMech Companies, Inc. 1633 Eustis Street NONPERISHABLE VENDING MACHINES Minnesota Vikings Food Service 5200 West 74th Street Zubaz 6707 Shingle Ck Pkwy PERISHABLE VENDING MACHINES Minnesota Vikings Food Service 5200 West 74th Street Zubaz 6707 Shingle Ck Pkwy 7/8/91 - 5 - RENTAL DWELLINGS Initial: Timothy and Mary Hofstad 4201 Lakeside Ave. N. #203 Michael/Rosella/Joseph Korman 5321 Morgan Ave. N. Renewal: Irvin and Ruth Schloff 4819 Azelia Ave. N. Saw - Mchone Tebedge 5511 Emerson Ave. N. Amos Levang 4816 Lakeview Ave. N. LeRay and Keith Mortensen 4110 Lakebreeze Ave. N. Michael and Jane Danielson 4216 Lakebreeze Ave. N. John and Elizabeth Hass 4201 Lakeside Ave. N. #306 Gary and Nancy Clark 4207 Lakeside Ave. N. #239 Robert Baltuff 5930 Xerxes Ave. N. Outreach Group Homes, Inc. 507 69th Ave. N. The motion passed unanimously. PRESENTATION TWIN LAKE WATER SKI ASSOCIATION Richard Brix, representing the Upper Twin Lakes Ski Club, stated they appreciated the City's past support and requested permission to keep the ski jump on Upper Twin Lake again this year. He informed the Council that the Upper Twin Lakes Ski Club membership ' included a Minnesota State Jump Champion and a Junior National Champion. Mayor I Paulson thanked Mr. Brix. I PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 91008 SUBMITTED BY WELSH COMPANIES INC REQUESTING APPROVAL OF A SIGN VARIANCE FOR THREE FREESTANDING REAL ESTATE SIGNS AT 2700 FREEEWAY BOULEVARD. 6601 SHINGLE CREEK PARKWAY AND 5951 EARLE BROWN DRIVE The City Manager reviewed the staff report on this item, noting the Planning Commission recommended denial of the variance request on the grounds that the standards for a sign ordinance variance were not met. The Planning Commission recommended approval of an ordinance amendment which would modify the current sign regulations for space for lease signs. The Director of Planning and Inspection presented details of the Planning Commission's recommendation. He then reviewed the existing ordinance requirements and the difficulty involved with enforcement due to the complex formula for determining the size of signs based on the size of a building wall and its distance from the public right -of -way. 7/8/91 - 6 - Currently, free standing signs were not allowed. The recommended ordinance amendment established 32 square feet as the maximum size for these signs and allowed either a wall or freestanding sign per street frontage. The proposed amendment would also prohibit signs on commercial vehicles which were parked at a commercial premises and used as static display for a business, product or service. Councilmember Rosene questioned setback and height restrictions. The Director of Planning and Inspection responded that currently there was no setback requirement except that the sign be located on private property and not on boulevard or right -of -way area. A height limit could be included, but he did not feel it would be an issue since wall signs could only be as high as the building. The proposed amendment would allow a freestanding sign in lieu of a wall sign. Councilmember Cohen suggested a time limit be set for signs. The Director of Planning and Inspection pointed out that lease signs were usually considered temporary since they were only needed when a vacancy occurred. Councilmember Cohen expressed concern about the proposed ordinance amendment resulting in a high number of signs since buildings had at least one vacancy most of the time. Councilmember Scott agreed the existing sign ordinance was difficult to enforce. She asked if the ordinance provided for replacement /repair of deteriorating signs. The Director of Planning and Inspection stated he was not aware that this was a problem. Currently property owners were notified about a violation and given 30 days to correct the situation. With regard to Planning Commission Application No. 91008, the Director of Planning and Inspection explained that Welsh Companies, Inc. had requested approval of a sign variance for three freestanding real estate signs at 2700 Freeway Boulevard, 6601 Shingle Creek Parkway and 5951 Earle Brown Drive. These signs were all 4 feet by 8 feet which exceeded the limits allowed for real estate signs. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to deny Planning Commission Application No. 91008, sign variance submitted by Welsh Companies, Inc., based on the rationale that the standards for a variance were not met. The motion passed unanimously. ORDINANCE AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING THE ALLOWABLE SIZE OF SPACE FOR LEASE REAL ESTATE SIGNS Councilmember Scott suggested a percentage of vacancies be established rather than allowing freestanding signs to remain indefinitely. 7/8/91 - 7- Councilmember Rosene expressed support of the business community's need to advertise vacancies. He suggested staff not rigidly enforce the ordinance with these signs until a determination was made on the ordinance amendment. Councilmember Rosene agreed the ordinance should be written to mitigate a profusion of these signs in Brooklyn Center. Jeff Hegg, Senior Property Manager of Welsh Companies, Inc., informed the Council that four of the buildings they manage in Brooklyn Center were fully occupied and not in need of signage. He indicated that boulevard signs for industrial properties were critical since prospective tenants drove through areas they wanted to be located in to see what was available. Over twenty percent of lease space was sold this way. Mr. Hegg agreed that wall signs blended in well, which was not as helpful in attracting new tenants. He agreed with Mayor Paulson's comment that too many open space /vacancy signs in a particular area would result in a detrimental effect. The Director of Planning and Inspection reviewed the ordinance provision for signs announcing a project which were allowed for a period of two years or 80% occupancy. Kent Warden, Executive Director of the Building Owners and Managers Association, stated he supported staff's recommendation since it was easier to enforce and was a fair compromise. Mr. Warden explained the leasing market was extremely difficult at this time as well as more competitive with areas in adjacent cities. He felt this condition would prevail for up to five years. Since freestanding signs have become the norm in advertising, restricting them would place Brooklyn Center properties at a disadvantage. He informed the Council that their signs were installed by professional sign companies and were well maintained. In response to Councilmember Cohen's question, Mr. Warden indicated removal of a sign after 80% occupancy would have a devastating effect because the best prospecting was done in selling the last 20 %. Councilmember Rosene stated he supported setback requirements since it would help mitigate additional signs which could detract from the community. The Director of Planning and Inspection explained that most parking lots were located in the front of a commercial building. Some office buildings had a thirty-five foot green strip, but usually there was only a fifteen foot green strip from the edge of the property line to the parking lot. Because of this, it would be difficult to locate a sign further back without having it inside the parking lot. Councilmember Rosene indicated he would support regulations to keep the sign in proportion with the building (larger buildings could support a larger sign, etc.). 7/8/91 - 8 Councilmember Cohen stated he felt the ordinance needed to contain a triggering device for removal of a sign. The City Attorney supported including the statement that the signs were temporary in nature and that in a specific length of time the sign must be removed. Councilmember Cohen also supported including an expiration on the ordinance so Council had the opportunity of reviewing leasing economics to determine whether the ordinance was still needed. Councilmember Scott expressed concern that passage of the ordinance would result in a proliferation of signs. While larger commercial sites could support this type of sign, she felt aesthetics of smaller apartment and townhouse sites would be diminished. This was also a concern because townhouses were scattered throughout residential areas. The City Manager suggested, and Council agreed, that staff should work with the applicant to address the Councils concerns regarding length of time the sign was allowed, maintenance, occupancy percentage, proliferation, proportional sizing, setbacks, height, aesthetics and blocking visibility. Councilmember Cohen asked that they also research establishing an ordinance expiration date in several years so the matter could be reviewed. The City Manager indicated staff would continue a moratorium on sign ordinance enforcement until a decision was made. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table consideration of an Ordinance Amending Chapter 34 of the City Ordinances Regarding the Allowable Size of Space for Lease Real Estate Signs to allow time for further staff research and recommendations. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 90013 SUBMITTED BY PETER HOUSER REQUESTING PRELIMINARY REGISTERED LAND SURVEY APPROVAL TO SUBDIVIDE INTO TWO TRACTS THE LAND OCCUPIED BY CARSON'S AND THE MIDAS MUFFLER SHOP AND THE PARKING IN BETWEEN AT BROOKDALE The City Manager briefly reviewed the staff report on this item. The Director of Planning and Inspection presented details of the Planning Commission's recommendation for approval of the proposed preliminary registered land survey subject to three conditions. He pointed out that Tract A would be 1.22 acres, include the Midas shop and 71 parking stalls. Since City Code requires 45 stalls he expressed concern that providing additional parking spaces may imply the ability to expand. Staff had indicated to the petitioner that future expansion was not implied unless Brookdale Shopping Center expanded as a whole since their current parking area was deficient. In response to Councilmember Rosene's question, the Director of Planning and Inspection stated he spoke with the Brookdale Shopping Center management about the possibility 7/8/91 - 9- of their expanding and the need to add parking as well. This would probably necessitate a parking ramp or tiered parking configuration. Currently Brookdale has not submitted any plans. The applicant pp nt indicated he had nothin g to add. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the R.L.S. requested in Planning Commission Application No. 90013 submitted by Peter Houser subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinance. 3. No separate development rights accrue to either parcel apart from the collective development rights of the Brookdale Shopping Center. The property owners were referred to the Brookdale owners association for settlement of the apportionment of development rights within the complex. The motion passed unanimously. ORDINANCES The City Manager noted a public hearing was required for the second reading of an Ordinance Vacating a Water Main Easement in Twin View Meadows. The City Manager briefly explained that the City obtained a water main easement across a portion of Section 10, T.118N, R.21W., then owned by Tri -State Land Company. This property was recently purchase b Rick k Hartmann and re Tatted as Twin View Meadows. adows. A portion of the p p watermain was relocated as art of the subdivision in order er to accommodate a new lot. The relocated watermain was contained in an easement which was dedicated via the new plat. Mr. Hartmann had requested vacation of the portion of existing watermain easement which was within the plat of Twin View Meadows. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Vacating a Water Main Easement in Twin View Meadows at 8:07 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Mayor Paulson and seconded by Councilmember Rosene to close the public hearing at 8:07 p.m. The motion passed unanimously. ORDINANCE NO. 91 -09 Member Philip Cohen introduced the following ordinance and moved its adoption: 7/8/91 - 10- AN ORDINANCE VACATING THE WATER MAIN EASEMENT IN TWIN VIEW MEADOWS The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager noted a public hearing was required for the second reading of an Ordinance Amending Chapter 19 of the City Ordinances Regarding Public Nuisances. The City Manager pointed out this matter was tabled on May 13, 1991, until the June 10, 1991, Council meeting, at which time Council approved first reading after hearing comments I from the associate principal at Brooklyn Center High School. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 19 of the City Ordinances Regarding Public Nuisances at 8:08 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to close the public hearing at 8:08 p.m. The motion passed unanimously. ORDINANCE NO. 91 -10 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGARDING PUBLIC NUISANCES The motion for the adoption of the foregoing ordinance was duly seconded by member David Rosene, and the motion passed unanimously. The City Manager noted a public hearing was required for the second reading of an Ordinance Amending Chapter 35 of the City Ordinances to Allow a Lesser Buffer Where an Industrial Use Abuts an Institutional Use. He explained that consideration of this amendment resulted from a request by Sunlite Properties to have a 15 foot buffer strip between a parking lot at 1601 67th Avenue North and the site of the Berean Evangelical Free Church at 6625 Humboldt Avenue North. This application was denied; however, the Planning Commission believed there was merit in the proposal and recommended the Council consider an ordinance amendment to allow parking in the buffer strip where an I -1 or I -2 use abuts an institutional use such as a church or school in an R1, R2 or R3 zoning district provided that it does not extend to within 15 feet of the property line. The Council concurred with this recommendation and approved first reading of the ordinance amendment on June 10, 1991. 7/8/91 Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances to Allow a Lesser Buffer Where an Industrial Use Abuts an Institutional Use at 8:09 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing at 8:09 p.m. The motion passed unanimously. ORDINANCE NO. 91 -11 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW A LESSER BUFFER WHERE AN INDUSTRIAL USE ABUTS AN INSTITUTIONAL USE The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager noted a public hearing was required for the second reading of an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Hamm's Second Addition). Since the plat had not yet been filed and the necessary legal descriptions established, staff recommended the Council table this amendment until the plat has been filed. The City Manager explained this matter was considered a housekeeping type of zoning ordinance amendment needed for a proper description of the land rezoned. The adoption of this ordinance amendment was dependent on the filing of the plat which would transfer the 30 foot by 100 foot strip of land from 6501 Brooklyn Boulevard to 4010 65th Avenue North. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Hamm's Second Addition) at 8:10 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 8:10 p.m. The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table further consideration of an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Hamm's Second Addition) until the plat was filed. The motion passed unanimously. 7/8/91 - 12- The City Manger presented an Ordinance Vacating Easements in Olson's Island View Terrace. He explained that Howard Atkins was replatting Olson's Island View Terrace as E & H Properties Addition. Because of this, he had requested the vacation of the drainage and utility easements along the existing lot lines of Olson's Island View Terrace and would dedicate similar easements adjacent to replatted lot lines. All utility companies would be notified prior to second reading. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve for first reading An Ordinance Vacating Easements in Olson's Island View Terrace and setting a public hearing date of August 12, 1991, at 7:15 p.m. The motion passed unanimously. Mayor Paulson suggested that agenda items 11c and 11d be discussed at this time since people were in attendance for them. The Council concurred. DISCUSSION ITEMS PROPOSED OFFICE BUILDING AT NORTH LYN APARTMENTS SITE The City Manager explained that Chazin Properties, owner of North Lyn Apartments, had requested Council consideration of a proposal to subdivide a .7 acre parcel of the North Lyn Apartments to create a parcel capable of an office development. He pointed out that currently the entire 6.3 acre parcel was needed to support the 102 apartments on the site, so this request would result in increasing the density requirement of apartments. David Sellergren, attorney representing Chazin Properties, Inc., reviewed the location of the 102 unit North Lyn Apartments and adjacent uses. Chazin Properties would like to split off the .7 acre vacant nonfunctional parcel for infill development. The proposed 9,300 square foot office building would provide 50 jobs and $35,000 to $50,000 in property taxes. He presented a color rendition of the proposed building. Mr. Sellergren submitted to the Council proposed language for an ordinance amendment. He explained that they did not want to consider an office building as a nonconforming use due to repair and financing restrictions. He agreed with staff that it would be difficult to meet required variance criteria. Councilmember Cohen questioned the proposed office use since Welsh Companies, Inc. had indicated a high vacancy rate existed. Allen Chazin, Chazin Properties, responded that they were considering a professional medical building and clinic similar to one located at Valleyview Road and Highway 18. Mayor Paulson pointed out this proposal might establish a precedence that affected the Garden City Court Apartments. The Director of Planning and Inspection agreed and clarified that the "open space" being referred to was the Brooklyn Center High School, not a City park. In the event the school consolidated, this property might be considered for a different type of zoning and use. 7/8/91 - 13 - In response to Mayor Paulson's question, the City Attorney explained that while the property appeared "vacant" it was actually a fully developed R5 site and all the square footage had been used to justify the North Lyn Apartment's density. The area in question could have been used for parking or other amenities. He added that a variance was not appropriate because the shape of the lot did not create a hardship. The Planning Commission considered the possibility of a PUD, but the proposal was not an integrated unified development as handled via a PUD. The City Attorney pointed out the petitioner's proposed language for an ordinance amendment to be drafted only for this particular site. The proposal would result in increasing the density from 16 to 18.2 units per acre. Therefore, the Council would need to determine if the existing density requirement was too restrictive and should be increased. Another option was to create a new zoning district which allowed a higher density, but this option would then be open to other apartment owners as well. Councilmember Cohen stated he appreciated Chazin Properties wanting to maximize their property, but he still supported the density requirement established when the Comprehensive Plan was adopted 23 years ago. He felt the proposed language would affect the integrity of the ordinance and result in requests from other apartment owners hoping to benefit from increased density. Councilmember Scott concurred and suggested Chazin Properties develop this parcel for the tenant's use as originally proposed. Councilmember Rosene added his agreement and expressed concern with the apartment dweller's quality of life which would be adveresly affected if this property were developed as proposed. Councilmember Rosene pointed out that apartment tenants rarely spoke out about these issues, but he felt they had a right to a certain quality of life and space so he would be opposed to establishing a precedence which increased density or reduced open space. Mayor Paulson stated he would like to see this property used in some way rather than leaving it in its current unattractive state. Councilmember Rosene suggested Chazin Properties be asked to develop the land for the benefit of the tenants by providing recreational uses as originally intended in the Zoning Ordinance. Councilmember Cohen stated he felt the Council should respond to the applicant's request and suggested the City Attorney establish a written legal opinion outlining the Council's concerns about the proposal triggering increased density. Councilmember Cohen also suggested staff review past files to help the Council understand the rationale used in establishing zoning districts and density requirements when the Comprehensive Plan was adopted. 7/8/91 - 14- Mayor Paulson asked staff to also research other possible uses for this parcel. The City Manager explained that this had already been researched, and there were no other uses unless the Council wanted to amend the zoning ordinance to increase density. The City Attorney informed the Council that staff did talk with the applicant about the possibility of expanding the property to include another parcel and develop a PUD to allow some additional use of the property. Another option was for the Council to consider creating a new zoning district for higher density and then rezone this property. This would not necessitate rezoning every property but would result in some ramifications. Councilmember Scott stated she felt the simplest solution was for Chazin Properties to develop the property for recreational use as it should have - been when the apartments were built. She suggested they sod or seed the area, plant shrubs, etc. so tenants could make use of the land, which would also increase the rental appeal of the project. Mr. Sellergren stated he understood the Council's concerns and need to adhere to density standards established in the Comprehensive Plan. He agreed that the net result of his proposal would increase density to 18.2 units per acre. Councilmember Rosene restated that he felt development of this parcel as being proposed would be a burden to the tenants, and he would support it only if restrictions could be developed to allow a portion of the profits to be used by the tenants in some manner such as a Tenant's Union. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to table further consideration of a proposed office building at North Lyn Apartments site, directing the City Attorney to address density issues, and directing staff to prepare a resolution of statement based on past consideration, legal opinion, and Council's concerns for disposition at the next meeting. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:03 p.m. and reconvened at 9:16 p.m. JUVENILE SMOKING AND TOBACCO USE CONTROL ORDINANCES The City Manager presented to the Council a draft ordinance for discussion regarding measures to reduce juvenile cigarette and tobacco use. He provided an explanation of the areas the draft ordinance would modify, including the penalty section for licensees violating the ordinance, prohibiting self -serve sales of tobacco and cigarette machines, and limiting the sale of tobacco products by clerks who were 18 years and older. The City Manager informed the Council that the Grocer's Association has requested notification of any changes to the City's regulations. 7/8/91 - 15 - Dave Johnson, Association of Nonsmokers, Minnesota, expressed support of the draft ordinance. He felt the sale of cigarettes and tobacco products was a dangerous situation, especially when involving minors. Mr. Johnson distributed pamphlets to the Council containing study information regarding the problem of shoplifting tobacco products. This study recommended all tobacco products be kept behind sales counters. In response to Mayor Paulson's question, Mr. Johnson reviewed sales statistics showing an increase in vending machine usage after their location was restricted. Mr. Johnson indicated he would supply a copy of this data to the Council. With regard to educational grant monies, Mr. Johnson explained that ANSWER had received a ant to provide training and informa to educate merchants on how to �' i P g prevent shoplifting and selling to minors as well as the consequences juveniles suffer from long -term tobacco use. Mr. Johnson then reviewed the penalty provisions of the State law, noting that ANSWER favored civil rather than criminal penalties. Mayor Paulson stated he favored this program since it would place Brooklyn Center in the forefront of protecting minors and fit in well with the DARE Program. Councilmember Scott agreed the courts might prefer license revocation to imposing fines P g or sentencing. She suggested the revocation section be clarified to indicate the number of days. The City Manager explained the difficulty involved with including this type of restriction since it limited the Council's flexibility to handle someone who consistently violated the ordinance. Councilmember Cohen questioned the need to provide an appeal or hearing process and whether this would be handled administratively or through the Council. The Personnel Coordinator reviewed Section 104.040, License Revocation, of the draft ordinance. The City Attorney clarified that violators would have the right to a hearing. The draft ordinance established a mandatory five -day license suspension which could be handled administratively as long as an appeal process was available. Councilmember Cohen suggested the cigarette license fee be increased to cover additional administrative costs. The Personnel Coordinator informed the Council that merchants have contracts with cigarette companies to display their products outside of the counter area. Federal law states you cannot impede a company from advertising their product. Councilmember Cohen suggested this be taken into consideration by increasing the penalty for violation. Mr. Johnson agreed that tobacco companies have used this Federal preemption against proficiency of advertising in the past, but he felt it was a "stretch" to say their advertising was impeded by restricting the location of single packs to behind - the - counter. 7/$/91 - 16- There was a motion by Councilmember Scott and seconded by Councilmember Rosene to direct staff to prepare an ordinance with the three areas proposed by staff as well as increased cigarette license fees to cover administrative costs, adding all tobacco products to the definition section and notification of the Grocer's Association. The motion passed unanimously. BUSINESS ETHICS POLICY The City Manager presented the Business Ethics Policy for discussion, noting the two sections that were amended. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to approve the amended Business Ethics Policy. The motion passed unanimously. REFORESTATION OPPORTUNITIES The Public Works Coordinator reviewed the proposed 1991 program for reforestation of private property. She proposed a "voucher" program ($3,000 of the $6,000 budgeted in 1991 for reforestation on public property) be utilized for subsidizing planting on private property. This proposal would provide 60 vouchers each worth $50. The City would reach an agreement with two to three nurseries to provide a discount to residents, which would limit the administrative burden. In response to Mayor Paulson's question she further explained the budget source. The Public Works Coordinator noted staff would like to suggest the variety of tree with the resident determining the location. A staff survey determined 110 trees were lost last year. The proposed 1991 Reforestation Program would replace about one -half of them. The City Manager suggested these residents be notified of the program. Names of 60 interested residents would then be "drawn." Councilmember Cohen asked whether trees could be purchased at the City's discount price. The City Manager explained this would be difficult to administer and it was not possible to guarantee that a certain number of trees would be purchased. It was noted the City would remove trees from private property for placement in City parks. In response to Councilmember Scott's question, the Public Works Coordinator suggested the City issue vouchers that contain an expiration date. If the voucher became void it would be reissued to a different resident. She I noted the nursery would then bill the City for any vouchers used. RESOLUTION NO. 91 -175 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A 1991 REFORESTATION PROGRAM 7/8/91 - 17 - The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The Public Works Coordinator reviewed the SBA Grant Program, applications of which must be submitted to the State by July 10, 1991. The State would then notify communities of grant status by August 31, 1991. Grants were required to be matched by the communities. Another requirement was designation as a Tree City USA. The SBA hoped to encourage and develop the capacity of small business concerns. The Public Works Coordinator then provided an in -depth review of the program design, noting that plantings would be done in one or two parks for ease of maintenance and to maximize impact. Councilmember Scott pointed out this would also aid security to protect the trees from vandalism. The Public Works Coordinator stated all residents who lost a boulevard tree in 1990 or 1991 would be invited to participate. About 90 trees could be planted if residents were asked to contribute one -half of the tree cost. Councilmember Scott suggested staff provide residents with a list of suggestions including the need to locate utility lines before digging. She added that she disliked boulevard trees located under utility lines since they become unattractive due to excessive trimming. The Public Works Coordinator explained that to meet grant requirements, Brooklyn Center would need to be designated as a Tree City USA. A tree ordinance must also be adopted which designates the tree board or department responsible for trees on public property, delineate responsibilities for public trees, and recommend species for boulevard plantings. Councilmember Scott asked if more than an eight -foot setback was necessary for tree boulevards so visibility was not restricted. The City Manager suggested this requirement be reviewed once the ordinance was drafted. The Public Works Coordinator indicated she would research setbacks in other communities. The Public Works Coordinator then reviewed the Community Forestry Program of $2 or more per capita and the requirement of Arbor Day observance. The Global ReLeaf Program, which supplied educational and organizational materials, was then briefly discussed. Councilmember Cohen commented that adoption of this program would result in budgetary commitments. The City Manager explained the commitment would be about one -half last year's level. Mayor Paulson stated the proposed Reforestation Program would preserve home values, provide shade and save energy. He added that it allowed the Council to act locally to counter global issues including deforestation. The City Manager indicated that Global 7/8/91 - 18- ReLeaf addressed this issue, and their educational materials could be included in the City's newsletter and forwarded to the schools. Councilmember Cohen thanked staff for their work on this matter and stated he hoped the program would stimulate community groups to become involved. There was a motion by Councilmember Scott and seconded by Councilmember Cohen authorizing the City to pay for one -half of the cost of boulevard trees. The motion passed unanimously. RESOLUTION NO. 91 -176 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SUBMISSION OF A REFORESTATION GRANT PROPOSAL, PURSUIT OF DESIGNATION AS A TREE CITY USA, ENROLLMENT AS A GLOBAL RELEAF COOPERATOR AND DECLARING AN ARBOR DAY OBSERVANCE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager explained the proposed resolution complies with Council consensus reached after the June 24, 1991, public informational hearing. He reviewed the Administrative Traffic Committee's (ATC) comments on the "consensus plan." Councilmember Scott expressed concern regarding the large amount of Sunday traffic and the possibility of resulting gridlock. A discussion was held regarding St. Alphonsus Church traffic. The City Manager estimated five Police officers would be needed to manually direct traffic in this neighborhood. Councilmember Rosene supported Alternative 3 as well as a three way stop sign at 70th and Halifax Avenues, and perhaps at Indiana and 70th Avenues, and June and 70th Avenues. With regard to a sharper "fish hook" configuration, the City Manager explained that a sharper angle resulted in poor visibility. Councilmember Scott stated she understood resident's concerns and also supported Alternative 3. Mayor Paulson commented that traffic congestion was only a problem for about 45 minutes each week, and a lot of money was being spent to develop a parkway. He suggested traffic be temporarily blocked off at June and Indiana Avenues to determine the result before permanent construction took place. 7/8/91 - 19- Councilmember Scott pointed out the additional expense of having to hire five Police officers every Sunday to direct traffic. She felt this would result in an added expenditure for Brooklyn Center. Councilmember Cohen stated that a consensus was arrived at after holding public informational meetings, but he would have no problem reconsidering since additional information has been brought forward and needed to be considered. However, he felt residents of Indiana Avenue should be so informed. The City Manager indicated these residents could be notified that the matter would be reviewed at a subsequent meeting. RESOLUTION NO. 91 -177 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ALIGNMENT GEOMETRIC LAYOUT LAN / P FOR THE IMPROVEMENT OF 69TH AVENUE NORTH BETWEEN BROOKLYN BOULEVARD AND SHINGLE CREEK PARKWAY, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager requested clarification of the improvement project so the engineers could proceed with plans. In response to Councilmember Cohen's question, Glen VanWormer, an engineer with SEH, Inc., indicated that traffic constraints on Indiana Avenue would not necessitate redesigning other roads. g g There was a motion by Councilmember Scott and seconded by Councilmember Cohen to eliminate the construction of a cul -de -sac on Indiana Avenue, north of 69th Avenue at this time. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to direct staff to notify Indiana Avenue residents that the City Council would be reconsidering the alignment /geometric layout plan of Indiana Avenue at the next meeting. The motion passed unanimously. The City Manager explained that additional storage was needed for the Police Department's specialized equipment used to patrol the Twin Lakes area. Staff recommended that the park shelter building at Twin Lake Beach be remodeled to provide this storage. RESOLUTION NO. 91 -178 Member Celia Scott introduced the following resolution and moved its adoption: 7/8/91 - 20- RESOLUTION AMENDING THE GENERAL FUND BUDGET, APPROPRIATING FUNDS, AND AUTHORIZING REMODELING OF PARK SHELTER BUILDING AT TWIN LAKE BEACH The motion for the adoption of the foregoing resolution was duly seconded by member David Rosene, and the motion passed unanimously. The City Manager explained that the Council approved specifications and authorized advertisement for bids to remove the remaining structures within the 69th Avenue North corridor. Phase III of this project included the removal of five houses and one garage. The Historical Society had recently indicated interest in moving the Hahn house to a new location by the Earle Brown Heritage Center. The City Manager stated he felt the cost to move this house would be exceptionally high since it was quite tall and would necessitate moving overhead wires. Councilmember Scott added that the house has been extensively remodeled and all historical significance may have been removed already. The Public Works Coordinator informed the Council that Mr. Ernst, Ernst Machinery & Housemovers Corp., indicated he would not attempt to move this house. Councilmember Cohen supported removal of this house from the proposed resolution to allow the Historical Society the opportunity to research viable options. Councilmember Rosene explained that the Historical Society hoped to negotiate the sale or donation of a plot of land adjacent to the Earle Brown Heritage Center. He commented that the house might not be moveable, but he would like to give the Historical Society the needed time to make that determination. Also, the State Highway Patrol was looking for a site to begin their own museum and this may be an ideal structure since Earle Brown began the State Patrol. Council consensus was reached to eliminate the Hahn house from the proposed resolution. RESOLUTION NO. 91 -179 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REMOVAL OF HOUSES ON 69TH AVENUE NORTH, PHASE III, IMPROVEMENT PROJECT NO. 1991 -14 AS AMENDED The motion for the adoption of the foregoing resolution was duly seconded by member David Rosene, and the motion passed unanimously. 7/8/91 - 21- OTHER The City Manager reminded the Council of the work session scheduled for Jul 11th at g y 7:00 p.m. ADJOURNMENT There was a motion by Councilmember Scott, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:51 tm. Deputy Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Service f 7 / 8 / 9 1 - 22-