HomeMy WebLinkAbout1982 03-25 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN
AND THE STATE OF MINNESOTA
STUDY SESSION
MARCH 25, 1982
CITY HALL
CALL TO ORDER
Tie Planning Commission met in study session and was called to order
by Chairman George Lucht at 7:35 p.m.
ROLL CALL
Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson,
Mary Simmons, Carl Sandstrom and Donald Versteeg. Also present
were Director of Planning and Inspections Ronald Warren, Assistant
City Engineer James `Grube and Planning Assistant Gary Shallcross.
Chairman Lucht explained that Commissioner Ainas had called pre-
viously to say that he would be unable to attend the evening's
meeting because of a business trip.
Chairman Lucht then presented Commissioner Simmons with a certificate
of appreciation from the Rotary Club.
ADMINISTER OATH OF OFFICE
The Secretary then administered the oath of office to Commissioner
Versteeg to serve as a Planning Commission member in the place of
Richard Hager.
APPROVAL OF MINUTES March 11, 1982
Motion by Commissioner Sandstrom seconded by Commissioner Malecki
to approve the minutes of the March 11, 1982 Planning Commission
Meeting as submitted. Voting in favor: Chairman Lucht, Commis-
sioners Malecki, Simmons, Sandstrom and Versteeg. Voting against:
none. The motion passed.
APPLICATION NO. 82008 (Bergstrom Realty Company)
Following the Chairman's explanation, the Secretary introduced the
next item of business, . a requtist to rezone a 7.5 acre tract of land
lying east of the ;Humboldt Square Shopping Center from C2 to R3.
The Secretary reviewed the contents of the staff report- (see
Planning Commission Information Sheet for Application No. 82008 `
attached) and reviewed a new conceptual plan for the townhouse
development .
Commissioner Manson arrived at 7:42 p.m.
Commissioner Simmons asked whether the neighbors to the east of
the site were satisfied with the new concept because of less density
along the east side of the development. Commissioner Manson, who
had chaired the meeting of the Northeast Neighborhood Advisory
Group, stated that the lower density helped, but that there is
still some concern as to the number of units within the entire
project. She also stated that there is concern that the project
be an owner-occupied development. Commissioner Simmons pointed
out that the City could not promise that the development would be
owner--occupied and suggested that perhaps the neighbors should work-
out an agreement with the developer requiring that the `,project be
owner-occupied. The Secretary answered that the City could not
guarantee that the project would be owner-occupied, but stated that
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action on the rezoning will depend on submittal of.-
individual lots for -the units proposed. He stated Tthattit was up
to the neighbors to pursue an agreement with the developer on their
tern. He also pointed out that the Association documents would
have to be submitted along with the plat and these would govern
use of the individual units. He pointed out that-inddividual unit
owners could rent out their townhouses.
PUBLIC ,HEARING
Chairman Mcht then reopened the public hearing for Application
No. 82008 and recognized Mr. Dale Stelzer of 6837 Emerson Avenue
North. Mr. Stelzer stated that filing of the plat should go a
long way toward 'making the development owner-occupied.. in nature.
He stated that he was still concerned about the number of units
in the project. He suggested that perhaps fewer units in the
overall development would allow each individual unit to sell
more quickly,
Chairman Lucht asked the applicant whether he had anything to add'.
Mr. James Merila, representing Bergstrom Realty, stated that he
felt the R3 zoning is better than either R1 or C2 zoning.. He
stated that the applicant concurs with the Northeast Neighborhood
Advisory Group recommendations He _added that financing a nrt -£ -
really available at this time for rental housing and, that there-
fore, the owner has no intention of pursuing A rental development.
Chairman Lucht asked whether the applicant had any objection to
waiving the time restriction on action on the rezoning. Mr. Merila
responded that the applicant has no objection and that a site plan
and plat will be submitted for review by the Planning Commission
at its next meeting..
CLOSE PUBLIC HEARING
Motion by Commissioner Malecki seconded by Commissioner Manson to
close the public hearing. The motion passed unanimously.
Chairman Lucht asked the Planning Commission if they had any further
comments at that time,- Hearing none, he called for a mztion to
direct staff to prepare a Comprehensive Plan Amendment.
ACTION RECOMMENDING STAFF TO PREPARE COMPREHENSIVE
PLAN AMENDMENT
Motion by Commissioner Manson seconded y ,Commissioner Malecki to
direct staff 1) to prepare an appropriate Comprehensive Plan Amend-
ment recommending mid-density residential development on the 75
acre tract of land east of Humboldt Square in`the:.1300 block of
69th Avenue North; 2) to call a public hearing for review of the
Comprehensive Plan Amendment; and 3) to direct the applicant to
prepare a plat of the proposed townhouse development to be sub-
mitted at the ,April 15, 1982 Planning Commission meeting.
Voting in favor: Chairman Lucht, Commissioners Malecki, Manson,
Simmons, Sandstrom and Versteeg.' Voting against: none. The
motion passed,
APPLICATION NO. 82014 (McDonald's)
The Secretary introduced the next item of business, a request for
site and building plan and special use permit approval to construct
and operate a drive-up facility at the McDonald's ;Restaurant at
5525 Xerxes Avenue North. The Secretary' reviewed' the contents of
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the staff report (see Planning Commission Information Sheet for
Application No. 82014 attached) Following presentation of the
staff report, the Secretary explained that staff have concerns
regarding the grade to the west of the building. He stated that
the grade is. very steep and it is difficult for traffic to move
around the building while tilted at such an angle. He stated that
he" would recommend tabling of the application so that staff could
work out an appropriate arrangement with the applicant
Commissioner. Simmons asked whether the parallel parking was needed
to meet parking requirements. The Secretary answered in the af-
"'firmative, adding that there is one extra space on the site plan.
Commissioner Sandstrom asked whether it would be useful to designate
parallel parking for employee parking only, thereby cutting down on
the rate of turnover in those stalls. The Secretary answered that
this was a possibility, but added that part of the problem is that
the area which would be used for a driving lane is on a slope of
6 2/3%. The Secretary stated that there are a number of possible
solutions to the problem, including installation of- a retaining
wall along the west side of the parking lot to reduce the grade
between the retaining wall and the building.
Commissioner Manson asked whether the island area and the order
station could be moved to the south side of the building, thereby
allowing for more parking and-driving- area west of the building. „
The Secretary answered that moving the order station to the south
side of the building would reduce the stacking space for cars be-
tween-the order window and the pickup station.
There followed a brief discussion of the traffic flow on 'the site.
Chairman Lucht called on the applicant to speak. Mr. Richard
Engstrom, representing McDonald's, addressed the Commission.
Mr. Engstrom pointed out that the area immediately to the west
of the building is roughly flat. The area to be used for a driving
lane past the order station is on a grade of approximately 6 2/3% ,
he stated. The worst area, he explained, is the area just to the
south of the west access to the site. Mr. Engstrom stated that
McDonald's wants one-way traffic around the building and would go
along with a requirement that the south access be an exit-only-
access. Commissioner Simmons stated that a driving lane would be
needed to allow cars to by-pass the drive-up window and that the
proposed driving lane could serve this function if the stalls on
the west side of the parking lot are designated for employee parking.
Mr. Engstrom stated that he preferred to allow movement of cars on
the lot so that the patrons could make use of stalls on the south
side of the property without leaving the parking lot. The Assistant
City Engineer stated that a 3% grade would be an optimum grade for
the parking lot. He pointed out, however, that the by-pass drive
lane is on a 10% grade and that this is too steep for cars to safely
travel around the building. Mr. Engstrom responded that the existing
grade is used now by cars parking along the west side of the parking
lot. The Secretary pointed out-that that parking is 900 parking
and that this has a`-different effect than would the same angle -used
for parallel parking and a by-pass drive lane. Mr. Engstrom asked
thezCommission' to , ake some action _on the application and stated
that.-.he would work with staff `to find a solution to,-.the problem.
before the City Council meeting. The Secretary accepted this sug-
gestion if the Assistant City Engineer and the Commission were
willing to take that approach.
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PUBLIC REARING
Chairman Lucnt then opened the meeting for a public hearing and
asked whether anyone presont witched to comment on the application.
Hearing,- no comments, he called for a motion to close the public
hez�rin,g.
CLOSE PUBLIC HEARING
Motion by Commissioner Sandstrom seconded by Commissioner Malecki
to close the public hearing. The motion passed unanimously.
Commissioner Malecki stated that she did not understand why ,the
plans were not ready for approval. The Assistant City Engineer
explained that the staff had asked for updated grading plans for
the site the previous week and did not receive them until the day
of the meeting. He _stated that certain questions still remain
with the plan that has been submitted, but that these can probably
be worked out before the City Council meeting.
In answer to a question from Chairman Lucht regarding"delivery'
'
trucks, Mr. Engstrom stated that deliveries are made at off-peak
times and that no addition to the building would be made except
to install the pickup station. Chairman Lucht asked the Assistant .4 ,
City 'Engineer how he felt about, leaving it up to the staff and the
applicant to work out a •grading plan prior to the City Council
meeting. The Assistant City Engineer suggested that the plans be
brought back to the Planning Commission if agreement between the
staff and the applicant cannot be reached prior to the next City
Council meeting.
Commissioner Manson asked whether the existing grades could be,
deemed inadequate if they were approved under a previous plan.
The Assistant City Engineer pointed out that the use of the space
is changing. He stated that the situation was less than ideal '
before and that the proposal aggravates that situation. He stated
that a new arrangement would have to be worked out for the proposed
use. Commissioner Simmons asked whether it made any difference to
the staff whether the application was tabled or not. The -Secretary
and the Assistant City Engineer stated that they would try to work
out a solution before the City Council meeting.
Chairman Lucht then polled the Planning Commission as to its feelings
on the application. Commissioners Versteeg and Malecki and Chairman
Lucht felt the application should be tabled. Commissioners Sandstrom, .'
Simmons and Manson were willing to pass the application on to the
City Council subject to an agreement being worked out with staff on
the grading plan.
MOTION TO TABLE APPLICATION NO. 82014 (McDonald's)
Motion by Coiitmissioner Malecki seconded by Comae s ioner Versteeg to
table Application No. 82014 and direct staff and the applicant to
work out a solution regarding the grading plan.
Mr. Engstrom stated that he would accept tabling of the application,
if that was the Commission's feelings on the matter.
Voting in. favor of the motion: Chairman Lucht, Commissioners MalecU,.
MAhsoft, . Simmons,- Sandstrom and Versteeg. Voting against; none,
The motion pkss€ q.
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RECESS
The Planning Commission recessed at 9:12 p.m. and resumed at 9:29 p.m.
APPLICATION N0. 82015 (Sears,' Roebuck and Company)
Following the recess, the ;;ecretary introduced the next item of
business, a request for a spet'lal use permit to °operate an amusement
center in the Sears store at 1297 Brookdale Shopping Center. He
reviewed the contents of the staff report (see Planning Commission
Information Sheet for Application No. 82015 attached) .
Commissioner Malecki noted that the letter submitted by the applicant
states that the room is to be watched over by the sales force in the
sporting goods department. She asked whether this would be acceptable
under the proposed ordinance regulating amusement devices, Section
23-2115, Subsection A (8) , which requires a full time adult attendant
upon the licensed premise during business hours. The Secretary an-
swered that the intent of the ordinance is to 'make an adult respon-
sible for the game area and that it was not his impression that an
adult had to be physically within the game room at all times. Com-
missioner Simmons stated that during busy shopping times, sales
people will be occupied with. serving customers and will not spend
the effort to oversee the game room. Chairman Lucht noted that
Sears has full time security people on the premises that can respond
to a call from a sales person. The Commission continued to discuss
the question of adult supervision of the game room.
Chairman Lucht called on the applicant to speak. Mr. Don Smith,
Industrial Service Manager and Security Manager at the Sears Store
in Brookdale', addressed the Commission. He stated that Sears has
6 security people and 22 sporting goods employees and that there
would be three employees in the sporting goods department at all
times.< Chairman Lucht asked whether similar game rooms existed ins
other Sears stores. Mr. Smith answered in the affirmative and
stated that Sears has no problems with game rooms at other stores
Commissioner Simmons asked whether these other game rooms were super-
vised by sales people. Mr. Smith answered that sales and security
people supervise the game rooms and that there is no full time
attendant present at the other game rooms.
PUBLIC HEARING
Chairman Lucht then opened the meeting for a public hearing and
asked whether anyone present wished to speak on the application.
Hearing none, he called for a motion to close the public hearing.
CLOSE PUBLIC HEARING
Motion by Commissioner Sandstrom seconded by Commissioner Malecki
to close the public hearing. The emotion passed unanimously.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82015
(Sears, Roebuck and Com an )
Motion by Commissioner Sandstrom seconded by Commissioner Manson to
recommend approval of Application No. 82015, subject to the follow-
ing conditions:
1. The permit is issued to the applicant as operator
of the facility and is nontransferable.
2. The permit is subject to all -applicable codes,
ordinances, and regulations, and any violation
thereof shall be grounds for revocation.
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,. 311 Hbuse, rules. goVe' ning .;.conduct within the game
w .._. . ._:,. ..ry, A44jLJbe posted in a conspicuous location
{ and shall be rigorously enforced. A copy of
such rules shall be kept on file with the City.
Approva`i,Woffr`the permit . i subject to compliance
with future licensing regulations regarding "
amusement devices.
'Voting" in ,favor: 'Chairman Lucht_, Commissioners Malecki, Manson`, .A
Simnons `Sandstrom and Versteeg. Voting against none. The
motion. passed.
DISCUSSION ITEMS
a. Channel 29 , Inc.
The Secretary ten introduced Mr. Ralph Bruins, President of the
Summit State Bank, to speak to the Commission regarding a proposal'
to use the.-horse-barn- and.,hippodrome .onthe historic Earle. Brown
Farm for a `TV station, Channel 29. Mr. Bruins stated that the
transmission and production studios for Channel 29, a local UHF
affiliate of a national syndicated religious broadcasting network,
would be located°;,.,inr'=t "horse barn and hippodrome on the'~Earle` -
Brown Farm, subject to approval by the City. He stated that he
felt that this was a good and appropriate use of the Farm buildings.
He noted that the TV station is a family-oriented station on a-UHF
channel.
Commissioner Simmons asked what was meant by the term` "family
oriented Mr. - Dan -Kocher of Channel 29 explained to the Commission
that the new UHF station would air family . and Christian TV programs:,
He stated that there. are guidelines as to,. the content of the pro- .
grams.' He noted, for instance, that Channel 29 would not air a
program like "Saturday Night Live". He explained that there is a
minimum of Christian programming in the Twin Cities area.
Chairman Lucht asked` whether other syndicated''programs` would' be
shown in addition to those locally produced. Mr. Kocher answered
in the affirmative. He explained that the station would go on the `
air with 18 hours of programming and that two studios would be
located, in the facility for production of programs to be sold to
other religious broadcasting stations in addition to being aired
locally.
There followed a lengthy discussion of the type of programming to
be offered on the new network. Mr. Kocher stated that there would
be approximately 60% religious programming to 40% family programming.
and explained that there would be some commercials, although the _
broadcasting would also be supported by local donations to support
the production of local programs
Commissioner Manson asked how much traffic would be generated by
the proposed use and whether any studio audience would be involved.
Mr. Kocher stated that there would be a studio audience for some
shows and explained that one of the studios would have 100 seats.
'Commissioner Malecki asked how many employees would be working at
the site. Mr. Kocher answered about 25 . Commissioner Simmons
asked whether the offices would be in the barn and studios in the " >
hippodrome '. Mr. Kocher answered in the affirmative.
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The Secretary explained to the Commission that the applicant wants
to get direction from the Commission. He explained that the Zoning
Ordinance does not list TV production studios as a permitted use in
the I-l: zone, but that it could be allowed if it is similar in
nature to- other uses in the I-1 ,zone. he also explained that 'the
Earle Brown_ Farm ,is 'classified as being in a historic district and
that the proposed use should be evaluated from that prospective also.
He asked whether the Planning Commission had any objections to the
proposed use in the historical zone. Commissioners Sandstrom and
Versteeg stated that they had no objection and that the proposed use
is fine. Commissioner Sir=ons stated that the Commission should not
judge the broadcasting, but the use of land which, she felt, was
good. Commissioners Manson and Malecki agreed.
Chairman Lucht asked whether the R.L.S. for the Farm property had
been filed. The Secretary answered that the preliminary R.L.S.
has been approved, but has not been finaled or filed at the County.
He stated that the filing process must be completed prior to the
issuance of any building permits. Mr. Bruins stated that the plat
is in process now and should be completed in time to issue building
permits for the project on schedule.
In response to a question from Chairman Lucht regarding parking,
the Secretary stated that the requirement is for one space for every
three seats for auditorium type use; one space for each 200 ft. of
office use and 1 space for each 800 sq. ft. of warehouse or manu
facturi.ng:use or one space for every two employees. He stated that
all these formulas would probably be involved in calculating a
parking demand for the site. Mr`. Janis Blumentals, architect for
the project, stated that the parking requirements for the respective
uses in the complex added up to 63 stalls. He explained that this
was an increase of approximately 20 parking stalls over the last
plan submitted for the barn and hippodrome. Chairman Lucht stated
that he wanted to see adequate parking available on the site with
other additional land available for possible expansion.
b. Draft ordinance on Amusement Devices.
The Secretary asked the Commission if it had questions regarding
the latest draft of the proposed ordinance. There followed a
lengthy discussion regarding Section 23-2115, Subsection A (8)
regarding the full time requirement of an adult attendant at a
game room. Commissioner Malecki suggested that the wording be
changed so that full time adult supervision is required, but not
necessarily an attendant. The Secretary also suggested removing
the requirement that the adult supervision be by a full time employee.
Mr. Robert Latz an attorney representing a number of game vendors,
stated that the proposed ordinance presents some difficulties for
game vendors. He cited the confusion over the term "licensed
premises" . He also objected to the very significant responsibilities
placed on an operator of a' game room, namely enforcement of the cur-
few ordinance. Mr. Latz also expressed concern that certain types
of establishments are required to obtain a special use permit, while -
others are exempted. Fie stated that the difference between these
types of establishments should be more clearly, explained in the
ordinance rather than arbitrarily separated. 'Mr. Latz also stated
that there is a difference of opinion on the interpretation of the
State Taw regarding gambling. He stated that the games being
marketed in Minnesota, are clearly games of skill as opposed to
games of chance.
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The Planning Assistant reminded the Planning Commi:�s:ion that the
function f its review was primarily to. address land., use c4ricers.
and not t become bogged down in other aspects of the licensing
ordinance He suggested that the Commission focus its attention
on �l,and: e ;concern The Secretary also explained that the
ordinance:had.been written to express- thee-:concern of the staff ,
'
and the Planning, Commission over the location of the electronic,
games in residential areas. Chairman Lucht stated that he felt
fhe` Planning Ccim u:ssibn had-completed its-°;3 ob on the proposed
-ordinance and-that it should be recommended to the City Council
for further discussion of nonland use matters.
The Secretary noted that he was willing to review the ordinance
further with the interested parties prior to the time it goes to
the City Council for consideration.
ACTION FORWARDING DRAFT ORDINANCE TO THE CITY COUNCIL
Motion by Commissioner Sandstrom seconded by Commissioner Malecki
to forward to the .City Council the third draft of the proposed
ordinance regulating amusement devices and specifically recommending
approval of Section 23-2109 relating to the location of amusement
devices.
Voting in favor: Chairman Lucht, Commissioners Malecki, Manson,
Simmons, Sandstrom and Versteeg. Voting against: none. The
motion passed.
ADJOURNMENT
Motion by Commissioner Manson seconded by Commissioner Malecki to
adjourn the meeting of the Planning Commission. Voting in favor:
Chairman Lucht, Commissioners Malecki, Manson, Simmons, Sandstrom
and Versteeg. Voting against: none. The motion passed. The
Planning Commission adjourned at 11:17 p.m.
C ai n
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