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HomeMy WebLinkAbout1981 08-10 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF j HENNEPIN AND -THE STATE OF MINNESOTA k REGULAR SESSION AUGUST 10, 1981 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:30 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public' Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ran Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, Public Utility Superintendent Craig Hoffman, Engineering Intern Steve 'Barg, and Administrative Assistant Tom Bublitz. INVOCATION �. The invocation was offered by Councilmember Fignar. APPROVAL OF MINUTES - JULY 27, 1981 There was a motion by Councilmember Scott and seconded by Councilmember as submitted. Kuefler to approve the minutes of the City Council meeting of July 27, 1981 as Voting in favor: Mayor Nyquist, Councilmembers Fignar, Kuefler, Lhotka, and Scott. Voting against: none, the motion passed unanimously. t OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council, there being none, he proceeded with the regular agenda items. PRESENTATION RECOGNIZING THE PUBLIC SERVICE OF AL LINDMAN AND FRANK "CAP" SMITH, JR. In recognition of over two decades of public service for both Al Lindman and Cap Smith, Mayor Nyquist read and presented separate resolutions to Al Lindman and Cap Smith, expressing the recognition of and appreciation for their dedicated public service to the City of Brooklyn Center as employees. The Council applauded and thanked Al Lindman and Cap Smith for their dedicated service to the City and wished them a long and happy retirement. FINAL PLAT APPROVAL - HOWE ADDITION The Director of Public Works explained the preliminary plat of the Howe Addition had been approved with five conditions which he reviewed for Council members. He noted all five conditions of the preliminary plat had been met and the staff is recommending approval of the plat. He stated Mr. Tom Howe was present at this evening's meeting to answer any questions the Council may have. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve the final plat of the Howe Addition. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Kuefler, Lhotka, and Scott. Voting against: none, the motion passed unanimously. 8 -10 -81 -1- RESOLUTION NO. 81 -147 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ENDORSING THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL'S REPORT OF RECOMMENDATIONS FOR THE 1982 COMMUNITY SERVICES DEPARTMENT BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -148 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (STREET IMPROVEMENT PROJECT NO. 1981 -18, SIDEWALK IMPROVEMENT PROJECT NO. 1981 -19, STORM SEWER IMPROVEMENT PROJECT NO. 1981 -20 -- FREEWAY BOULEVARD: CONTRACT 1981 -H) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -149 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1980 -H The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -150 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO SUPPLEMENTAL AGREEMENT NO. 1, IMPROVEMENT PROJECT NO. 1980 -24, CONTRACT 1980 -P The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the 'following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -151 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING EXERCISE STATION IMPROVEMENT PROJECT NO. 1981 -25 The motion for the adoption of the foregoing'resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution 8 -10 -81 -2- was declared duly passed and adopted. The Director of Public Works noted a correction in the next resolution on the agenda and explained that in the paragraph prefaced with the No, 2, the date of September 14, 1981 should be changed to September 24, 1981. 1 RESOLUTION NO. 81 -152 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR CENTRAL PARK /GARDEN CITY PARK PEDESTRIAN TRAIL IMPROVEMENT PROJECT NO. 1981 -15 AND EXERCISE STATION IMPROVEMENT PROJECT NO. 1981 -25 (CONTRACT 1981 -L) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -153 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A PORTABLE SWIMMING POOL VACUUM CLEANER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -154 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENT TO HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL BYLAWS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -155 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SALE OF FORFEITED LANDS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CONSIDERATION OF SPECIAL ASSESSMENTS FOR STREET IMPROVEMENTS WITHIN THE NORTH INDUSTRIAL PARK ASSESSMENT DISTRICT 8 -10-81 -3- RESOLUTION NO. 81 -156 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CONSOLIDATING BRIDGE IMPROVEMENT PROJECT NO. 1978 -06, GRADING IMPROVE- MENT PROJECT NO. 1978 -45A, STREET GRADING, BASE, AND SURFACING IMPROVEMENT PROJECT NO. 1978 -45B, CURB AND GUTTER AND SIDEWALK IMPROVEMENT PROJECT NO. 1978 -46, STREET IMPROVEMENT PROJECT NO. 1979 -06 (SHINGLE CREEK PARKWAY) AND STREET IMPROVEMENT PROJECT NO. 1981 -18 (FREEWAY BOULEVARD), DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -157 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NOS. 1978 -06, 1978 -45A, 1978 -45B, 1978 -46, 1979 -06, AND 1981 -18 (SHINGLE CREEK PARKWAY) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CONSIDERATION OF SPECIAL ASSESSMENTS FOR STORM SEWER PROJECT NO. 1979 -05 (INSTALLATION OF STORM SEWER ON SHINGLE CREEK PARKWAY FROM CITY GARAGE TO SHINGLE CREEK AND ON SHINGLE CREEK PARKWAY FROM XERXES AVENUE TO SHINGLE CREEK) RESOLUTION NO. 81 -158 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1979 -05 (SHINGLE CREEK PARKWAY STORM SEWER) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -159 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1979 -05 (SHINGLE CREEK PARKWAY) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia 8 -10 -81 -4- Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CONSIDERATION OF SPECIAL ASSESSMENTS FOR STORM SEWER PROJECT NO. 1981 -20 (INSTALLATION OF STORM SEWER ON FREEWAY. BOULEVARD BETWEEN XERXES AVENUE AND SH CREEK PARKWAY RESOLUTION NO. 81 -160 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1981 -20 (FREEWAY BOULEVARD STORM SEWER) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Director of Public Works noted there was a correction in the next resolution on the agenda explaining that in the first paragraph the date of the 24th day of August should be changed to the 14th day of September. RESOLUTION NO. 81 -161 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1981 -20 (FREEWAY BOULEVARD) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CONSIDERATION OF SPECIAL ASSESSMENTS FOR SIDEWALK PROJECT NO. 1981 -19 (INSTALLATION OF SIDEWALK ON SOUTH SIDE OF FREEWAY BOULEVARD BETWEEN XERXES AVENUE AND SHINGLE CREEK PARKWAY) RESOLUTION NO. 81 -162 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1981 -19 (FREEWAY BOULEVARD SIDEWALK) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -163 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED.ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1981 -19 (FREEWAY BOULEVARD) 8 -10 -81 -5- { The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES ORDINANCE NO. 81 -13 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING ACCESSORY STRUCTURES IN THE R -1 AND R -2 DISTRICTS The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. ORDINANCE NO. 81 -14 Member Bill Fignar introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ASSEMBLY OF ELECTRIC POWERED VEHICLES IN THE R -1 AND I -2 ZONES The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced an ordinance amending Chapter 17 of the City Ordinances relative to personnel policies and explained the ordinance would amend the Layoff, Discipline, and Dismissal sections of the personnel ordinance and is offered for a first reading this evening. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve for first reading an ordinance amending Chapter 17 of the City Ordinances relative to personnel policies. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. LIQUOR STORE LEASE RENEWAL FOR NORTHBROOK LIQUOR STORE There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to authorize the Mayor and City Manager to enter into an agreement to renew the lease on the Northbrook Liquor Store for three years at $20,000 per annum. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:55 p.m. and reconvened at 8 :16 p.m. RESOLUTIONS CONTINUED 8 -10 -81 -6- MOLUTION' 'N0. 81 =16 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR BROOKLYN CENTER MUNICIPAL LIQUOR STORE #2 REMODELING ' The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -165 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A NEW BICYCLE FOR THE POLICE DEPARTMENT FROM THE CONTINGENCY ACCOUNT APPROPRIATION IN THE UNALLOCATED DEPARTMENTAL EXPENSE BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION APPLICATION NO. 81047 SUBMITTED BY MEL BOYD /ERLMAR PROPERTIES TO REZONE FROM C -1 TO R -4 THE SOUTH 40' OF LOT 3, (ADDRESSED AS 6123 BEARD AVENUE NORTH) PBC 1ST ADDITION The Director of Planning & Inspection explained the Council tabled consideration of Application No. 81047 at its July 27, 1981 meeting to allow the staff and the applicant time to resolve the access issue on the project. The Director of Planning & Inspection proceeded to review the applicant's new submittal regarding the issue of shared access on the site. He stated the main concern of the Council and staff was the "cut through" traffic from Brooklyn Boulevard to Beard Avenue. He explained the applicant's solution is to build concrete barriers to discourage the "cut through" traffic. He added the solution has been proposed because two of the leases on the site are tied to accesses onto the site. The City Attorney commented that the best solution to resolving the access issue is to attach the requirements pertaining to access, to the plat and that the second choice would be to attach them to the rezoning. He noted a future site plan might present the same problem with regard to access. Councilmember Kuefler stated he would support the applicant's proposal for solving the access problem. The City Attorney inquired of the applicant if there was any objection to amending the preliminary plat with the applicant's access proposal. In response to the City Attorney's question, the applicant, Mr. Melvin Boyd, stated he would have no problem with adding his access proposal as a condition of the plat approval. The City Attorney suggested the final plat should be amended to accommodate the applicants access proposal and be attached as a condition to the final plat approval. 8 -10 -81 -7- 5 There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve Application No. 81047, a request for rezoning of the south 40' of Lot 3, PBC Ist Addition, from C -1 to R -4 on the grounds that the rezoning is consistent with the rezoning policy and review guidelines of Section 35 -208 of the zoning ordinance. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 81052 SUBMITTED BY DOMINION DEVELOPMENT FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 62,6 2 SQUARE FOOT RETAIL SHOPPING CENTER AT THE SOUTHWEST CORNER OF EARLE BROWN DRIVE AND SUMMIT DRIVE The Director of Planning & Inspection presented and reviewed for Council members pages 6 through 7 of the Planning Commission minutes from the July 30, 1981 Planning Commission meeting and also the Planning Commission information sheet prepared for Application No. 81052. He proceeded to review the location of the project and reviewed a transparency of the site plan for the project. He noted the.property is zoned C -2 and that retail shopping centers are permitted uses in C -2 zone. The Director of Planning & Inspection stated the Planning Commission recommended approval of Application No. 81052 at its July 30, 1981 Planning Commission Y meeting subject to eleven conditions which he reviewed for Council members. He stated Condition No. 11 of the Planning Commission recommended conditions can be deleted from Council consideration since the revised plan has been submitted. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler { to approve Application No. 81052 subject to the following conditions: t i 1. Building plans are subject to review and approval by the Building official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior } R to the issuance of permits to assure completion of approved site improvements. i 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. i 5. 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. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance 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. 8 -10 -81 -8- 9. The property shall be replatted into a single parcel in accordance with Section 35 -540 and the final plat shall be filed at the county prior to the issuance of building permits. 10. Plan approval acknowledges a "proof of parking" that meets ordinance requirements. If it is determined that the installed parking is inadequate the City shall require installation of any or all of the deferred parking indicated on the site plan. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 81054 SUBMITTED BY SHOWBIZ PIZZA PLACE, INC. The Director of Planning & Inspection stated the application is an appeal.from the determination of the Planning Director that additional land for parking over and above the restaurant formula must be provided for the 10,350 square foot ShowBiz Pizza Restaurant. He noted the application and appeal was denied by the Planning Commission at its July 30, 1981 meeting. Mayor Nyquist stated that Mayor Pro tem Scott would preside over the meeting during the discussion of Application No. 81054 due to a possible conflict of interest with the application. Mayor Nyquist left the table at 8 :55 p.m. The Director of Planning & Inspection stated the essential consideration in this application is that the applicant is making an appeal from the parking require- . ment for the project. He pointed out the Planning Commission considered the site and building plan approval for the project along with a special use permit at its July 30, 1981 meeting. The Director of Planning & Inspection presented and reviewed for Council members pages 8 through 12 of the July 30, 1981 Planning Commission meeting minutes and also the information sheet prepared for Application No. 81054. The Director of Planning & Inspection reviewed the rationale for the parking requirements noting that the parking formula should include the possible future use of the gaming area as a restaurant. He noted the applicant has stated that the parking requirement should be one stall for every 200 square feet of space. \ He also reviewed a table prepared by the Planning Department staff indicating parking requirements for seven existing restaurants in Brooklyn Center and also the parking requirements for ShowBiz Pizza. He explained the ordinance amendment proposed with this application would provide a back -up formula to the existing requirements which are based on the number of seats in a restaurant. He explained the ordinance which has been proposed requires one stall for every 60 square feet of gross floor area. He pointed out the staff is recommending ,a change in the ratio as stated in the proposed ordinance from 1 to 60 to 1 to 65; this would provide that no hardships are placed on any existing restaurants. He noted if the 1 to 60 ratio were required, deficiences would result with existing parking in some restaurants in the City. He noted the crux of the matter in this application is the consideration of parking and the future re -use of the building. He stated the applicant is essentially contending that the City does not have the right to require parking spaces based on the future. 8 -10 -81 -9- re -use of a building. He noted the applicant contends that the requirement for parking should be one stall for every 200 square feet of space. He stated the staff believes it is not unreasonable to anticipate that in the future a restaurant with up to 350 seats could occupy the building. He pointed out the applicant is currently proposing a restaurant with only 240 seats. A discussion ensued among Council members regarding the parking requirements and the possible re -use of the building proposed for ShowBiz Pizza. The Director of Planning & Inspection stated it is the staff's contention that a restaurant would not normally be converted to a retail use and that the logical use for a building constructed as a restaurant would be to continue as a restaurant in the future. Councilmember Kuefler inquired if the parking requirements are met by the applicant would these requirements then meet any future potential needs for parking? The Director of Planning & Inspection stated that the 148 spaces required would be the bare minimum and could still result in a future re -use problem. Councilmember Lhotka stated he believes the Director of Planning & Inspection is pointing cut that a much denser use could be realized for the building in the future. The Director of Planning & Inspection suggested that two options for the applicant might be to purchase additional land for parking or to shrink the building size. He pointed out that an 8,500 square foot building rather than the 10,000 square feet as proposed would meet the requirements of the proposed ordinance amendment. The Director of Planning & Inspection stated the Planning Commission recommended denial of the appeal request from the applicant and pointed out this was not a unanimous decision on the part of the Planning Commission. He added that the Planning Commission did not take any action on the proposed ordinance amendment. Mayor Pro tem. Scott recognized Mr. Dick Nowlin of the Larkin, Hoffman, Daly and Lindgren law firm. Mr. Nowlin stated that he is representing the applicant and introduced Mr. Craig Sweeney, vice President of Real Estate Development of ShowBiz Pizza. Mr. Sweeney stated that ShowBiz Pizza is really more than a restaurant explaining that ShowBiz Pizza is a mini indoor theme park and family entertainment center, a coin operated amusement room, and a large game and TV room and sports room. He stated he believes the staff analysis is sound for a restaurant but that ShowBiz Pizza is not a restaurant_ Mr. Nowlin stated that ShowBiz Pizza does not have all its floor space occupied for food services and that the ShowBiz standard number of seats is 240 and he assured the Council that this would not be increased to 300 or 350. He pointed out that 30% of the revenues from ShowBiz Pizza comes from the entertainment portion of the operation. He explained if patrons used the game room at the same time they use the restaurant seats, then in effect they are "double counted if square footage is used as the requirement for parking spaces. He stated because of this, he believes the City would be justified in using the lower commercial standard for parking requirements, noting that he believes 136 parking spaces are adequate. Mr. Nowlin explained that ShowBiz Pizza has explored the possibility of joint parking, pointing out that Northwestern Bell has indicated spaces would be available, but that this is not the point of the appeal. 8 -10 -81 -10- He stated he believes ShowBiz Pizza will succeed and there will not be a need to convert the building into a 350 seat restaurant adding that it could not be converted L to a larger restaurant since only 136 parking spaces would be provided. He _added that the building is open.and would be easy to convert to a retail commercial operation in the event of*a change in use. Mr. Nowlin stated that ShowBiz Pizza is no different than a mixed commercial retail use. Mr.'Nowlin then proceeded to review the parking requirements for a similar ShowBiz Pizza operation in other cities, pointing out that in Edina 100 parking spaces would be required, Bloomington would require 117, 86 spaces would be required in Minnetonka, Plymouth would require 114 spaces and in St. Paul 7 spaces would be required. He added that the building, in its proposed location, would be marketable for many other kind of , uses other than a restaurant. He stated the long range concern of the City is valid but he believes the use will be in existence for some time and because the parking requirement is 136 spaces he would urge approval of the appeal at 134 spaces. Councilmember Kuefler inquired why the City's parking requirement is more stringent than other cities. The City Manager stated he believes Brooklyn Center's parking requirements do not harm business, since we have used a "proof of parking" approach stating that the City would relax the parking requirement if an applicant can prove he can supply additional parking if it is needed in the future. He stated he believes the Citys approach to parking requirements is working. Councilmember Kuefler then inquired that if the future re -use of the building is not considered and if we apply the most lenient parking requirements, what then would be the minimum number of spaces required? The Director of Planning & Inspection stated that with a 230 seat restaurant, 16 seats for employees, and the retail formula plugged into the game room the minimum number of parking spaces would be 144. Mr. Nowlin then discussed the rationale for the parking proposed by the applicant pointing out that he would require one -half of the parking to comply with the restaurant formula and the other half under the office retail formula because of the unique concept of ShowBiz Pizza. The City Attorney stated he would like to address Councilmember Kuefler's question. He explained he had discussed the appeal with the Planning Director and noted that the Planning Director felt the area designated for amusement games in the proposal by the applicant does fit into the retail use formula for parking. He stated he does not however see any rationale for calling the use a retail office use for determining parking requirements. He stated the City's ordinance is not designed for a double use concept and that this new concept proposed by ShowBiz Pizza does not fit anywhere in the ordinance. He stated he agrees the use is unique and does not fit into any part of the ordinance and pointed out that this is why the staff is recommending the ordinance be changed as per the ordinance amendment before the Council this evening. He pointed out there are essentially two issues before the Council this evening, one of them being the appeal and the other being the, ordinance amendment. He pointed out that if the ordinance amendment is pursued he would recommend the appeal be tabled and that if the appeal is considered this evening the question then becomes what standard is used for the parking requirements retail or service office. He emphasized he believes there is no basis for the service office use to be considered for parking requirements and that Mr. Nowlin's appeal uses part of one parking formula and part of another which is not appropriate under the zoning ordinance. Councilmember Kuefler stated he would like to work on an ordinance language to 8 -10 -81 -11 accommodate the new concept proposed by ShowBiz Pizza and that he would like to also compare our ordinance requirements to parking requirements in other cities. Councilmember Fignar stated that he concurs with Councilmember Kuefler's suggestions and pointed out that he believes the use proposed by ShowBiz Pizza Place is a unique, family oriented business and that he would like to find a compromise to encourage this business in Brooklyn Center. Councilmember Lhotka stated he would support the City staff and their recommendations on this application in that the City's zoning ordinance requirements have made Brooklyn Center a better community and he believes it will do more so in the future. He stated he is comfortable with the current requirements as they are but has no problem in sending the application back for further study. Mr. Nowlin stated he would like to work out some solution based on a mixed use and the acknowledgment that ShowBiz Pizza is not simply a restaurant use. The City.Attorney stated that the game area proposed by ShowBiz Pizza in this application seems to fit closest with the requirements for retail uses. He stated the applicant has stated this is not correct and that the City should use some other requirement. He stated this decision should be decided or tabled at this evening's meeting. There was a motion by Councilmember Lhotka to deny the appeal by the applicant. The motion was seconded by Councilmember Fignar for purposes of discussion. Councilmember Fignar stated he would like to handle the application as a unique use in this situation. The City Manager stated the key issue appears to be whether the present requirements in the zoning ordinance are reasonable with regard to parking. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to table consideration of Application No. 81054 for two weeks to allow the staff time to determine whether the requirements in the present ordinance with regard to parking are reasonable. Voting in favor: Councilmembers Kuefler, Fignar Lhotka, and Scott. Voting against: none, the motion passed. Councilmember Lhotka and Councilmember Fignar left the table at 11:03 p.m. f DISCUSSION ITEMS OPERATIONAL CHANGES IN THE WATER SUPPLY SYSTEM The Public Utility Superintendent stated the Utility Department will attempt to reduce periodic problems with taste, odor, and discoloration of the City's water supply by initiating a hydrant flushing program and returning to the use of polyphosphates. He stated the program is designed to assure the quality of water in Brooklyn Center. Councilmember Lhotka and Councilmember Fignar returned to the table at 11:05 P.M. Councilmember Scott stated she would request that proper notice be given to 8 -10 -81 -12- residents when the flushing program begins. The Public Utility Superintendent stated that it would be possible to use a midnight flushing.program where watermains are flushed from 10:00 p.m. to 6:00 a.m. Mayor Nyquist returned to the table at 11:06 p.m. I, SERVICE STATION SIGNERY The City Manager pointed out that the staff review and survey of requirements for service station signery in neighboring cities showed that the ordinances in neighboring municipalities are similar to Brooklyn Center in many requirements. Mayor Nyquist recognized Mr. Wes Reavely who stated that he believes a comparison of sign requirements in other cities is academic and that he believes we have to recognize that each city may have unique problems which must be faced. He proceeded to review several slides demonstrating the type of signery he would like to see permitted under Brooklyn Center's sign ordinance. He stated the City has total control and that he does not believe added signage would mean less control over businesses or result in damage to the aesthetics of the community. The Director of Planning & Inspection pointed out that many of the signs shown by Mr. Reavely in his presentation are not prohibited by the existing ordinance and that the options for signery are left to the individual businesses as to how they distribute the square footage of permitted signs. Councilmember Kuefler inquired if there is a problem in combining directional and advertising signs under the ordinance. The Director of Planning & Inspection stated there is a problem under the current ordinance and that it would be necessary to allow more free standing signs than are currently allowed since only one free standing sign is allowed now. He stated a pump island is considered a free standing sign. Councilmember Scott stated she would like to see industry standards used with regard to permitted signs. The City Manager stated that a problem occurs in that there are many standards used by various companies and there is no consistent standard used among the numerous companies. Mr. Reavely stated he would suggest that dealers be allowed to seek approval for individual promotions at various times throughout the year plus be allowed additional pump island signs with directional information and inserts with advertising. Councilmember Kuefler questioned why car washes for civic groups such as Boy Scouts, etc. would be charged against the service station as one of their promotional events. He pointed out this policy seems to prevent them from advertising throughout the year. The Director of Planning & Inspection stated it is his recollection that a number of years ago the number of car washes at various service stations got out of hand and that the permit was initiated as a means of controlling the numbers of car washes. Councilmember Lhotka stated he believes the sign ordinance provides for adequate signage for businesses, although the signs may not be in the exact shape or spot that individuals may desire. He stated he sees no problem with easing up on the promotional permits. He requested Mr. Reavely to show how he has 8 -10 -81 -13- prevented from advertising. He stated the problem is how to control signage across the board for all types of dealers and be fair to everyone. Mr. Reavely y stated he does not think his proposals are detrimental to the community. Mr. Duke Adelmann stated that essentially what he and Mr. Reavely want is the use of the pole signs and the relaxing of the permit procedures. Mr. Reavely suggested allowing a one year trial basis for pole signs, three 30 day permits for one year, and relaxing of the promotional permits for car washes. Mr. Adelmann stated that 30 days is the minimum amount of time necessary to conduct an effective promotion. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to direct the staff to prepare an ordinance amendment which would remove car washes from the allowed promotional permits for service stations, to allow service stations } four car washes per year, to allow one permanently fixed gas pump island sign per island, permitted ermitted size of such signs to be established with input from other ' station owners in the City, and to allow an extension of the IO day prom otion p eriod to three 30 day promotions. Voting in favor: Mayor Nyquist, Councilmembers- Kuefler, Fignar, and Scott. Voting against: Councilmember Lhotka. The motion passed. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: Licenses to be approved by the City Council on August 10, 1 9 81 - FOOD ESTABLISHMENT LICENSE Don Zakeer 5521 France Ave.. N. ITINERANT FOOD ESTABLISHMENT LICENSE Citizens Band Serving People 4637 Winnetka Ave. N. Earle Brown PTA 5900.Humboldt Ave. N. } MECHANICAL SYSTEM'S LICENSE Ryan Air Conditioning 9 240 Grand Ave. S. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to adjourn the meeting. The Brooklyn Center City Council adjourned at 12:15 a.m. ®rk Mayor I { B -10 -81 -14-