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HomeMy WebLinkAbout1990 05-07 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 MAY 7, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:01 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Assessor Mark Parish, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, City Engineer Mark Maloney, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Ted Willard of the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted the Council had received one request to use the open forum session this evening. He noted this request pertains to an item already scheduled for the agenda and asked the applicant if he would be willing to wait until that agenda item. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested items removed from the consent agenda. Councilmember Pedlar requested item 9d be removed from the consent agenda. MAYORAL APPOINTMENT There was a motion by Councilmember Scott and seconded by Councilmember Pedlar t to appoint Kathleen Carmody to the Brooklyn Center Human Rights and Resources Commission. The motion passed unanimously. RESOLUTIONS , RESOLUTION NO. 90 -89 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) BLACKTOP ROLLER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 5/7/90 -1- A II I RESOLUTION N0. 90 -90 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -91 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -92 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND TO THE ECONOMIC DEVELOPMENT AUTHORITY FUND The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: CIGARETTE (OVER THE COUNTER SALES) Brooklyn Center American Legion 4307 70th Ave. N. Earle Brown Bowl 6440 James Circle FOOD ESTABLISHMENT Duke's Amoco 6501 Humboldt Ave. N. Jerry's NewMarket 5801 Xerxes Ave. N. Korean Presbyterian Church 6830 Quail Ave. N. Leeann Chin, Inc. 6800 Shingle Ck. Pkwy. Spiritual Life Ministries 6500 Shingle Ck. Pkwy. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Department 6301 Shingle Ck. Pkwy. Brooklyn Center Park and Recreation 6301 Shingle Ck. Pkwy. MECHANICAL SYSTEMS C & M Heating & A/C 12970 Arrowwood Lane Carver Heating & A/C P. 0. Box 123 Randy Lane & Sons 1501 West Broadway P & H Services Company, Inc. 208 73rd Ave. N. Rouse Mechanical, Inc. 11348 K -Tel Drive SIGN HANGER 5/7/90 -2- Nordquist Sign Company, Inc. 312 West Lake Street Signcrafters Outdoor Display 7775 Main Street NE Venus Sign Company 10695 Johnson Street NE SWIMMING POOL Fun Services 3701 50th Ave. N. The motion passed unanimously. PRESENTATION - MINNESOTA WATER SKI ASSOCIATION Mayor Nyquist recognized Hank Longo, representing the Minnesota Water Ski Association. Mr. Longo stated he would like to thank g the Mayor and Councilmembers for allowing the water ski team to practice on Upper Twin Lake. He noted he is sending a letter to all residents on Upper Twin Lake to inform them of the accomplishments of the water ski team and other information pertaining to the team. Councilmember Cohen inquired if Mr. Longo has contacted the residents regarding their feelings to his team practicing on the lake. Mr. Longo stated he has spoken with a number of the residents and noted most of them come to watch the team practice. Councilmember Cohen inquired if there were any set hours for operation on the lake. Mr. Longo stated the team practices two to three hours every evening. He added the team is touring on the weekends and does not use the lake at that time. Councilmember Cohen inquired if the City has ever spoken with the residents. The City Manager noted there has not been any formal discussions regarding this but noted he has spoken with a couple of people over the years. He added the lake is not governed by the cities. Mr. Longo stated the DNR requires him to appear each year before the City to ask the City's approval. Councilmember Cohen stated it seems there may be some residents who may be concerned with the operation on the lake who are not present this evening. He added maybe the Council should set some type of guidelines for hours of operation so the residents know what times the team will be practicing. Councilmember Paulson inquired if there are any regulations regarding hours of boat operation on the lake. The City Manager stated he did not believe there were any regulations regarding hours of operation. Councilmember Paulson stated he did not believe the City could set limits on one individual and not on anyone else. Mayor Nyquist pointed out the City does not have any authority to do anything with regard to this lake. Councilmember Pedlar inquired if Mr. Longo and the City Manager could work together to settle any differences. The City Manager stated basically he has not received any specific complaints regarding this issue. Councilmember Pedlar noted possibly r there are other people on the lake who are really causing the problems. Mr. Longo stated his team does contribute towards maintenance of the lake and stated they are all responsible boaters. Councilmember Scott stated in the last three years she only recalls two phone calls regarding the team practicing on Upper Twin Lake. She noted she referred the calls to Mr. Longo and told the callers to contact her if they were not satisfied. She noted she never received any second calls regarding the issue. ALL- AMERICA CITY Mayor Nyquist noted he had been notified this afternoon that Brooklyn Center is in the top 30 finalists for the All- America City award. RECESS TO CONTINUED BOARD OF EQUALIZATION MEETING 5/7/90 -3- The Brooklyn Center City Council recessed at 7:20 p.m. and reconvened at 7:25 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Purchase of Property for Minnesota Department of Transportation. He noted this resolution accepts the offer from MNDOT for the sale of the house and property located at 6626 West River Road to the City. He added purchase of this property is necessary to allow realignment of the West River Road connection to 66th Avenue. The Director of Public Works stated MNDOT has had the property appraised, and the value of the tract is $80,000. Councilmember Pedlar inquired if there are any negotiations which the City can use. The City Manager stated generally when working with MNDOT there is very little chance to negotiate. He noted it has taken six - months to get this far and negotiating would only delay the project. He noted by negotiating MNDOT would still most likely not change the price. RESOLUTION NO. 90 -93 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE OF PROPERTY FROM MINNESOTA DEPARTMENT OF TRANSPORTATION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Accepting Proposals for Professional Services Relating to Acquisition of Right -of -Way for 69th Avenue Improvement Project No. 1990 -10. Mayor Nyquist recognized David Joelson, 4001 69th Avenue North. Mayor Nyquist noted Mr. Joelson had requested to speak at the open forum regarding this issue. Mr. Joelson stated he would like to sell his property which is located on the south side of 69th Avenue. He stated he feels he will have some difficulties selling the property due to the Council's consideration of purchasing the homes on the south side of 69th Avenue. He stated he would hope the Council would consider this issue with expediency. The City Manager explained the Council has chosen the development which would require acquisition of the homes on the north side of 69th Avenue. He noted at this time the City is investigating the possibility of purchasing some of the homes along the south side of 69th Avenue. However, there are certain financial limitations with regard to this option. Councilmember Cohen inquired why Mr. Joelson's home could not be put on the market at this time. Mr. Joelson explained his home is zoned R3 and his real estate agent has said his property value will decrease because of this new development. He noted before this proposed road improvement project, he had the opportunity to sell his property as residential but now he has been led to understand he cannot sell his property as a residential lot. There was a motion by Councilmember Cohen and seconded by Councilmember Scott directing staff to prepare a report regarding the rezoning which will occur in this area; directing staff to prepare a report on property acquisition for this area; and directing staff to review the past Council actions with Mr. Joelson with regard to his issue. The motion passed unanimously. RESOLUTION NO. 90 -94 5/7/90 _4_ Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS FOR PROFESSIONAL SERVICES RELATING TO ACQUISITION OF RIGHT -OF -WAY FOR 69TH AVENUE IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Providing for the Negotiated Purchase of Real Property for Project No. 1990 -10. The Director of Public Works stated the City is required to follow established procedures and offering just compensation to the owners of properties to be acquired. He noted this resolution establishes the process for final approval of all purchases by the City Council. RESOLUTION NO. 90 -95 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE NEGOTIATED PURCHASE OF REAL PROPERTY FOR PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager y g presented a Resolution Establishing Parking Restrictions on MSAP 109 - 125 -03, 69th Avenue North between Brooklyn Boulevard and Shingle Creek Parkway. Councilmember Pedlar inquired when the parking restrictions would take effect. The Director of Public Works stated it would be effective upon completion of the project. RESOLUTION NO. 90 -96 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON MSAP 109 - 125 -03, 69TH AVENUE NORTH BETWEEN BROOKLYN BOULEVARD AND SHINGLE CREEK PARKWAY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land. He noted this ordinance amendment describes the land the City Council rezoned from I -1 to C2 under Planning Commission Application No. 89003 on March 12, 1990. He noted this item was offered for a first reading on April 9, 1990, published in the City's official newspaper on April 18, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. 5/7/90 -5- There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land. The motion passed unanimously. There was a brief discussion regarding the location of this property. ORDINANCE NO. 90 -11 Member Todd Paulson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING OF CERTAIN LAND The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 7 of the Brooklyn Center City Ordinances Regarding Collection of Yard Waste. He noted this item was offered for a first reading on April 9, 1990, published in the City's official newspaper on April 18, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 7 of the Brooklyn Center City Ordinances Regarding Collection of Yard Waste. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on An Ordinance Amending Chapter 7 of the Brooklyn Center City Ordinances Regarding Collection of Yard Waste. The motion passed. unanimously. ORDINANCE NO. 90 -12 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 7 OF THE BROOKLYN CENTER CITY ORDINANCES REGARDING COLLECTION OF YARD WASTE The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 90010 SUBMITTED BY BROOKLYN UNITED METHODIST CHURCH REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO MAKE SOME ADDITIONS TO THE BROOKLYN UNITED METHODIST CHURCH TO USE THE RESIDENCE AT 7204 BROOKLYN BOULEVARD FOR CHURCH MINISTRIES AND TO EXPAND THE PARKING LOT NORTH OF THE CHURCH AND PLANNING COMMISSION APPLICATION NO. 90011 SUBMITTED BY BROOKLYN UNITED METHODIST 5/7/90 -6- _CHURCH REQUESTING PRELIMINARY PLAT APPROVAL TO COMBINE INTO A SINGLE PARCEL THE EXISTING BROOKLYN UNITED METHODIST CHURCH SITE AND THREE RESIDENTIAL LOTS TO THE NORTH BEING ACQUIRED BY THE CHURCH FOR EXPANSION OF THE PARKING LOT The City Manager noted both Planning Commission applications were recommended for approval by the Planning Commission at its April 26, 1990, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages three through thirteen of the April 26, 1990, Planning Commission minutes and the attached information sheet. He went on to review the various aspects of the two Planning Commission applications. He explained the Administrative Traffic Committee has reviewed the plan and the neighborhood requests for parking restrictions on Noble Avenue and Wingard Lane. He noted at the Planning Commission meeting there was a lengthy discussion regarding placement of the fence between the parking lot and the existing homes on Wingard Lane. He stated he believes an agreement has been reached regarding this fencing, noting a gate would be installed at each end of the fence section to allow for maintenance. He then went on to discuss the proposed uses for the existing home at 7204 Brooklyn Boulevard. The Director of Planning and Inspection stated staff does not recommend the off -site parking lot be bound to this church site by parcel but that an encumbrance be placed on the use. He stated the Planning Commission recommended approval of Planning Commission Application No. 90010 subject to 17 conditions which he reviewed for the Council. He added Planning Commission f Application No. 90011 was also recommended for approval subject to three conditions which he reviewed for the Council. Councilmember Pedlar inquired if the buffer between the homes and the north end of the parking lot is a requirement. The Director of Planning and Inspection stated the 15' buffer is required by staff. Councilmember Pedlar inquired if the residents could make a deal with the church to use and maintain the property. The Director of Planning and Inspection stated he feels the staff recommendation is the best solution because as years go by, the owners of the homes change and people will forget who owns what property and who should be maintaining the property. He added this would bring up a wide range of questions. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 90010 and 90011. Mayor Nyquist stated he would like to commend the neighbors on the approach they used for working with the church. He inquired if there was anyone present who wished to address the Council. He then recognized Mr. Mike Hoffman, 4715 Wingard Lane, who addressed the Council at some length and reviewed some of the concerns which the neighbors have regarding this issue. A discussion then ensued regarding the different options for placement of the fence. Mayor Nyquist then recognized Wally Szulga, 4707 Wingard Lane. Mr Szulga stated he was concerned regarding drainage problems from the berm. The Director of Planning and Inspection explained there would be curb and gutter along the north side of the parking lot, and there would be a storm sewer drain within the parking lot. Mr. Szulga pointed out if the snow is piled along the fence, when it melts it will drain down into the yards and possibly flood the garages and basements of the property owners. Mr. Twohig, the architect for the project, stated there would be two catch basins in the parking lot leading to the storm sewer. 5/7/90 -7- Mayor Nyquist then recognized Eleanore Maegi, 4721 Wingard Lane, who stated her bedroom is 35' from the current fence. She noted she is concerned with the noise from the different activities which will be held at the house. She added she feels her privacy is being invaded, and she will not be able to sit in her back yard and have any privacy. Mayor Nyquist explained condition No. 15 limits the uses for the home to adult and youth meetings and educational classes. Mrs. Maegi stated if the classes and meetings are finished by 10 p.m., she would not have any objections. If they are going to be holding youth parties and other events which will run past 10 p.m., she feels it would be too noisy. She added if there are 80 cars parked in the parking lot idling and waiting to exit onto Noble Avenue, it would create a large amount of air pollution. Mayor Nyquist then recognized David Anderson, chairman of the building committee for the church, who noted the home at 7204 Brooklyn Boulevard is '100' away from Mrs. Maegi's home. He added the proposed site for the dumpster has been moved so it is now closer to the home at 7204 Brooklyn Boulevard than it is to any of the other homes. He then went on to discuss the on- street parking problem in the area. Mr. Anderson stated he wished the issue concerning the fence had an easier solution. He noted while it is not an ideal solution the church does feel two fences are best, and the church can maintain its own fence on its own property. Councilmember Pedlar noted the church had met with the neighbors last week. He inquired if the church had met with the neighborhood in the pasta Mr. Anderson stated the project had started approximately two years ago, but the fund drive fell short of its goal and it was delayed. He noted the neighborhood has been informed all along. He stated two of the residents which are here this evening refused to speak to the church. Mayor Nyquist recognized Bruce Erickson, Senior Pastor for Brooklyn United Methodist Church. Pastor Erickson stated there are so many things the church would like to do but cannot because of restrictions. He noted there have been many changes in the last 136 years which have affected the church, but these changes have not necessarily helped the church plan for the future. He added the City, County, and State took away land from the church for Brooklyn Boulevard. He pointed out the church is simply trying to buy property back from the owners who are willing to sell it at a reasonable price. Mayor Nyquist inquired if there was anyone else who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on Planning Commission Application Nos. 90010 and 90011 submitted by Brooklyn United Methodist Church. The motion passed unanimously. Councilmember Cohen inquired if it would be possible to place the fence 15' from the property line with a 15' buffer between the two fences. He noted the fences could be closed off at both ends and have an entrance in the middle for maintenance. The Director of Planning and Inspection stated the church will need room for snow storage and landscaping on the church side. He added it would be difficult to maintain the areas between the fences if you had to enter in the middle with a mower or tractor. Councilmember Pedlar stated there appears to be an opportunity for this to be a win /win situation. He stated 5/7/90 -8- there certainly must be compromises that can be made by both the church and the, neighbors. He stated he feels there is more work to be done between the two groups. Councilmember Pedlar made a motion to table consideration of these Planning Commission applications until further details are worked out. The motion died for lack of a second. The City Attorney noted there are a number of issues which would need to be dealt with concerning a contract or agreement for the fence between the neighborhood and the church. He stated the City should not be urging either party towards this type of agreement. He noted he has never seen a case where the City has required one property owner to dedicate use of its property to another property owner. He noted the owners could agree among themselves, but the City should not urge this type of agreement. Councilmember Scott pointed out if there were covenants attached to the properties, it could be a hindrance to one trying to sell this property. t There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Planning Commission Application No. 90010 submitted by Brooklyn United Methodist Church subject to e � the following conditions: 1. The special use permit is granted for a church and accessory uses. The use may not be altered or expanded beyond this specific approval without first securing an amendment to this special use permit. 2. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 4. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits and prior to construction of the new parking lot. 5. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 6. Subject to a final determination by the Building Official with regard to applicable codes, the building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 5/7/90 -9- 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance agreement. 10. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems prior to the issuance of permits. 11. The replat of the property shall receive final approval and be filed at the County prior to the issuance of permits. 12. Fire hydrants shall be installed and fire lanes designated in accordance with the requirements of the Fire Chief. 13. The barrier across the access to the off -site parking lot from Brooklyn Boulevard shall be improved in accordance with recommendations of the Director of Public Works. 14. The plans shall be modified, prior to consideration by the City Council to indicate: a) the addition of at least four shade trees in the greenstrip along Brooklyn Boulevard and the addition of two trees in the greenstrip along Noble Avenue North. b) the addition of a light pole at the entrance off Noble Avenue - North and the provision of lighting details including height and type of fixture and a photometric plan giving light intensities near property lines. C) the extension of a 4' high fence within the Noble Avenue North greenstrip to screen the parking lot north of the church from residences across Noble. 15. Subject to a final determination by the Building Official with respect to the requirements of the Building Code, the house at 7204 Brooklyn Boulevard shall be provided with handicapped access and bathroom facilities. The use of the house shall only be for accessory church ministry purposes such as adult and youth meetings and education classes. No other use by a nonchurch organization is acknowledged with this approval. 16. The wood fence along the east side of the off -site parking lot shall be repaired on or before May 5, 1990, as ordered by the Building Inspector. 17. If there are two fences, one belonging to the church and another belonging to residents abutting Wingard Lane, access to the area between the fences shall be closed off with a lockable gate at both ends. 5/7/90 -10- The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Paulson approving Planning Commission Application No. 90011 submitted by Brooklyn United Methodist Church subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The requirement to plat the parcels comprising the off -site lot is hereby waived. However, the church shall file a legal encumbrance with the title to the property at the County which will bind the use of the off -site parking lot to the principal site of the church. Said encumbrance shall be reviewed and approved by the City Attorney prior to filing. The filing of the encumbrance shall be concurrent with or prior to the filing of the plat at the County. The motion passed unanimously. Y RECESS The Brooklyn Center City Council recessed at 9:40 p.m. and reconvened at 9:56 p.m. PLANNING COMMISSION APPLICATION NO 90009 SUBMITTED BY KEITH STURM /RELIANCE REAL ESTATE REQUESTING VARIANCE APPROVAL TO ALLOW RETAIL USE OF THE GOLDS GYM BUILDING AT 2920 COUNTY ROAD 10 WITH FEWER PARKING STALLS THAN REQUIRED BY ORDINANCE The City Manager noted this application was recommended for denial by the Planning Commission at its April 26, 1990, meeting. He noted, however, an ordinance amendment regarding the retail parking formula was recommended for approval and is offered this evening for a first reading. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages 14 through 17 of the April 26, 1990, Planning Commission minutes. He then went on to review the location. He noted the applicant is seeking a variance to allow fewer parking spaces on the site. He noted there are four standards for a variance which must be satisfied in order to grant the variance. He stated the Planning Commission did not feel all standards for a variance were met. He explained the Planning Commission recommended denial of the variance. However, I after much discussion regarding the City's retail parking formula, they did recommend an ordinance amendment. He went on to review the proposed ordinance amendment and noted the principal affect will be for smaller retail businesses of 30,000 square feet or less. He stated a public hearing has been scheduled for this evening and notices have been sent. Councilmember Paulson inquired if the square footage requirement for office buildings should also be changed. The Director of Planning and Inspection stated the square footage for nonmedical office buildings of one space per 2,000 square feet of gross floor space works very well. The City Attorney explained granting a variance because of a hardship could be found arbitrary and capricious if a like case occurs in the future and the 5/7/90 -11- Council denies the application. He noted it would not be appropriate for the Council to grant this variance on the grounds that an ordinance amendment will occur. He noted there is always the possibility the ordinance amendment will not be approved. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90009 submitted by Keith Sturm /Reliance Real Estate. He recognized Pete Helger of Reliance Real Estate Services. Mr. Helger explained his client is a destination tenant which would be ideal for this building. He stated the City's parking requirements are excessive as compared to the standards of other communities. He noted this parking requirement creates a hardship for his client. He stated he is seeking a variance to complete the project and move the tenant into the building. He added he feels his client's request has met the four standards for a variance. He added his client does not have time to wait for an ordinance amendment and that is why they are asking for the variance. Councilmember Scott inquired when the ordinance amendment would become effective if approved. The City Manager stated it would become effective 30 days after publication. Mayor Nyquist then recognized George Vestrum, a real estate broker for JoAnn Fabrics. Mr. Vestrum stated JoAnn Fabrics is presently in Brookdale, and it is currently trying to be released from its lease so they can move into this new site. He noted at this point he is not sure if Brookdale has agreed to release JoAnn Fabrics from its lease. He noted JoAnn Fabrics has not officially signed a termination agreement at this point. The City Manager pointed out it would obviously not be a good process to grant the variance and then plan to make the ordinance amendment. Mayor Nyquist then recognized Israel Krawetz, owner of the Gold's Gym building. Mr. Krawetz briefly reviewed the minutes pertaining to the request from St. Paul Book and Stationery for its variance request. He asked the Council to follow the same practice which was used in the St. Paul Book and Stationery case to find its criteria for the standards of a variance. Councilmember Paulson inquired if it would be possible to grant a temporary variance which would carry the applicant over until the ordinance amendment takes effect. The City Attorney explained occasionally it would be appropriate to grant a temporary variance. He stated he is concerned there really is not any reason for a temporary variance other than the fact an ordinance amendment is in the works. He added if the ordinance amendment were not approved, then the Council and staff would face an enforcement issue. Mayor Nyquist inquired if there was anyone else who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 90009 submitted by Keith Sturm /Reliance Real Estate Services. The motion passed unanimously. Councilmember Cohen inquired of the City Attorney if the Council has the right to deny a variance since it has previously approved a variance in a similar case. The City Attorney explained this previous approval does not forever 5/7/90 -12- preclude the Council from denying a future variance application. He noted if we were taken to court the previous approval could set a precedent, but it is not binding. Councilmember Cohen inquired if any other variances have been granted since the St. Paul Book and Stationery application. The Director of Planning and Inspection responded negatively. Councilmember Cohen stated he would like to treat the applicant fairly and added he feels the ordinance amendment should be approved. He stated he does not foresee any problems with moving ahead with the ordinance amendment on the normal time frame. He added he would like to honor the applicant's request for a variance but feels he must be fair to future Councils. There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 of, the Zoning Ordinance Regarding the Retail Parking Formula and setting a public hearing date for June 11, 1990, at 7:30 p.m. The motion passed unanimously. Mr. Helger requested the Council table action on the variance request. He noted this would allow him to bring his request back to the Council if the ordinance amendment were not approved. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to table further action on Planning Commission Application No. 90009 submitted by Keith Sturm /Reliance Real Estate until June 11, 1990. The motion passed unanimously. PUBLIC HEARING The Director of Public Works explained a public hearing regarding the improvements to Freeway Boulevard /65th Avenue /66th Avenue between Shingle Creek and T.H. 252 and to Humboldt Avenue North between 65th and 69th Avenues North was originally held on April 9, 1990. He noted, however, the notice for the hearing incorrectly identified Constitution Hall rather than the City Council Chambers as the location of the hearing. He noted because of this the public hearing is being reconvened this evening. He went on to briefly review the location of the proposed improvements contained in this improvement project. He noted there would be no special assessments levied against R -1 properties. Councilmember Paulson inquired if the City would be extending the trailway up Humboldt Avenue. The Director of Public Works explained there should not be a problem extending the trail up to 67th Avenue. He noted, however, north of 67th Avenue it would be more difficult because the City would have to obtain an easement from the shopping center. He added this trailway would interfere with the amount of greenstrip in the area. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding proposed improvements to Freeway Boulevard /65th Avenue /66th Avenue between Shingle Creek and T.H. 252 and to Humboldt Avenue North between 65th and 69th Avenues North. 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 Pedlar to close the public hearing on proposed improvements to Freeway Boulevard /65th Avenue /66th Avenue between Shingle Creek and T.H. 252 and to Humboldt Avenue 5/7/90 -13- - North between 65th and 69th Avenues North. The motion passed unanimously. The Director of Public Works noted a roll call vote for the proposed resolution is necessary. RESOLUTION NO. 90 -97 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT PROJECTS 1988 -25, 1989 -26, 1990 -11 AND 1990 -12, FREEWAY BOULEVARD /65TH AVENUE /66TH AVENUE BETWEEN SHINGLE CREEK AND T.H. 252; AND IMPROVEMENT PROJECT 1989 -27, HUMBOLDT AVENUE NORTH BETWEEN 65TH AND 69TH AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager directed the Mayor and Councilmembers to the memorandum prepared for this item by the Director of Public Works. He explained, as noted in the memorandum, the material which was used on the streets in 1988 is somewhat different than those used in 1989 and what is being specified for 1990. He noted the resident who appeared at the open forum to discuss sealcoating materials lives in an area which was sealcoated in 1988. Councilmember Scott inquired if the crushed trap rock and crushed granite both achieve the final end product. The Director of Public Works stated they both achieve the same goal. However, staff would prefer trap rock over granite because the oil does not always adhere as well to the granite. Councilmember Scott stated she did go up to the area of 67th and Ewing and noted the rock in this area does seem coarser and different than the surrounding streets. The Director of Public Works stated r there is a definite difference between those streets sealcoated in 1988 and those done in 1989. He stated in the past the reasoning behind allowing both ` types of materials is when you specify only one material, then you end up dealing with only one vendor. Councilmember Paulson inquired if any of the roads in the 1990 sealcoating program would qualify for State aid funding. The Director of Public Works responded affirmatively and went on to review the State aid streets included in the program. Councilmember Paulson stated he felt the money should be used to install concrete curb and gutter where there currently is not any curb and gutter. The Director of Public Works went on to review the policy for installation of curb and gutter and noted this project must be initiated by a petition. There was a general consensus among Councilmembers that option B should be approved within the resolution. RESOLUTION NO 90 -98 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING ADDENDUM TO SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 1990 -08, 1990 SEALCOATING PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. 1990 INITIAL LEGISLATIVE REPORT The City Manager noted a complete review of the approved tax changes has not 5/7/90 -14- been completed at this time. He did note, however, the Finance Director has reviewed part of them and has noted $108,000 which the City would usually receive from the State has been cut. He added, unfortunately, the State has not discontinued its practice of ordering the City to follow certain policies without giving the City money in which to iimplement the policies. Councilmember Cohen pointed out the reductions were based on the State's overall budget problems. He noted this was not the worst case scenario, yet the City should continue to work with its legislators. REVIEW OF PLANNING SESSION The City Manager stated he would like to schedule a special work session in which the results of the 1990 Planning Session are discussed with Mr. Jim Bremeyer. He noted he would like to include the legislators in this process. ADJOURNMENT There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:34 p.m. 2hj2j� City Clerk May i 5/7/90 -15-