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HomeMy WebLinkAbout1982 05-10 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 10, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, John Dean, representing the City Attorney's office, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Father Shea of St. Alphonsus Catholic Church. 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. CONSENT AGENDA Mayor Nyquist inquired if any of the Council members desired any items removed from the consent agenda. Mayor Nyquist requested that item 8d be removed from the consent agenda. APPROVAL OF MINUTES - 26, 1982 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of April 26, 1982 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS / RESOLUTION NO. 82 -74 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -N AND ESTABLISHING FINAL PROJECT COSTS FOR KYLAWN PARK SHELTER ROOFING PROJECT NO. 1981 -27 AND NORTHPORT PARK SHELTER ROOFING PROJECT NO. 1981 -28 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the.same: none, whereupon said resolution was declared duly passed and adopted. , 5 -10 -82 -1- j RESOLUTION NO. 82 -75 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING JUNE 4 THROUGH 13 AS BROOKLYN CENTER EARLY BIRD DAYS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -76 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING GIFT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -77 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING AND PROCLAIMING NURSING HOME WEEK IN BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Scott, and seconded by Councilmember Hawes to approve the following list of licenses: CIGARETTE LICENSE Yen Ching Restaurant 5900 Shingle 'Cr. 'Pkwy. MECHANICAL SYSTEM'S LICENSE Central Heating & Air Conditioning 1971 Seneca Rd, Commercial Air Conditioning 2200 Niagara Lane LeVahn Brothers Plumbing 3200 Penn Ave. N. Maple Grove Heating & Air Conditioning 11440 Lakeland Dr. Northwest Service Station Equipment 2520 Nicollet Ave. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Chippewa Park Apts, 6507 Camden Ave. N. 5 -10 -82 -2- SIGN HANGER LICENSE Scenic Sign Coporation P.O. Box 881 Thomas Sign Company Clearwater, MN Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.- Voting against: none. The motion passed unanimously. DEDICATION OF ARBORETUM Mayor Nyquist noted that, last Saturday, the City had the official opening and dedication of the Arboretum. He also noted that the firm of Brauer and Associates, Inc., designers of the Arboretum, received an award from the American Society of Landscape Architects for their design of the Arboretum. APPOINTMENT TO PARK & RECREATION COMMISSION Mayor Nyquist noted that he had received two applications for the vacancy on the Park & Recreation Commission, one from Mr. Victor Henry, and one from Mr. Dale Bloomstrand. He inquired of Councilmember Hawes, Council liaison to the Park & Recreation Commission, if he had a recommendation for appointment. Councilmember Hawes stated that he would recommend that Mr. Dale Bloomstrand, 6218 Lee Avenue North in Brooklyn Center be appointed to the Park & Recreation Commission. Mayor Nyquist noted that he had recently contacted Mrs. Dolores Coop, and that she indicated that she had a number of difficulties which prevented her from attending Human Rights Commission meetings. He noted that she is now moving out of the state,and will not be able to serve on the Commission,and he has accepted her resignation. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to appoint Mr. Dale Bloomstrand, 6218 Lee Avenue North, to the Park & Recreation Commission to complete the term of Mr. Bud Sorenson which expires December 31, 1984. The City Manager noted that the other applicant for the Park & Recreation Commission, Mr. Victor Henry, indicated that he would be interested -in serving on the Conservation Commission also. RESOLUTIONS (CONTINUED) The City-Manager introduced a Resolution Approving Supplemental Agreement No. 1 to Freeway Boulevard Street Improvement Project 1981 -18 (Contract 1981 -H). The Director of Public Works pointed out that subsoil problems had been discovered in the project area,and that they indicated a false bottom which the original soil borings did not show. He explained that a number of alternatives were examined, and that the staff is recommending a consolidation process be undertaken for the roadway area. He stated that this process comprehends the current repair of the unstable area so as to provide a useable roadway, with the knowledge that additional settlement will occur over the next two to four years. He stated that after con - solidation is complete, additional expenditures of $5,000 to $15,000 may be required to bring the settled area back to grade, to adjust any storm sewer settlement which may occur, and to reinstall permanent concrete curb, gutter, and sidewalk. He stated that he recommends any additional construction and engineering charges be paid by the City from the Municipal State Aid Street Fund. In response to a question from Councilmember Lhotka, the Director or Public Works explained that the roadway will sink approximately six inches in two to four years. 5 -10 -82 -3- RESOLUTION NO. 82 -78 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO SUPPLEMENTAL AGREEMENT NO. 1 FOR FREEWAY BOULEVARD IMPROVEMENT PROJECT NO. 1981 -18, CONTRACT 1981 -H The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. In discussion of the next agenda item, a Resolution Relating to a $1,000,000, Commercial Development Revenue Note (Shingle Creek Development Company Project); Authorizing the Issuance Thereof Pursuant to Minnesota Statutes. The Director of Planning & Inspection noted that the matter, which had caused the resolution to be tabled at the last Council meeting, has been cleared up by a review of the flood plain maps, and elevations in the project area which show that the structure and parking lot area in the project are at the required heights above the 100 year flood level. RESOLUTION NO. 82 -79 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION RELATING TO A $1,000,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (SHINGLE CREEK PLAZA II PROJECT); AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. In discussion of the next agenda item, a Resolution Authorizing Execution of Agreement for Professional Services, Mayor Nyquist requested the City Attorney to comment on Section D on page 3 of the agreement regarding owners responsibility. Mr. Dean stated that the section does appear rather vague regarding what data or information must be provided by the City, but that given the remainder of the provisions in this section this paragraph would not render the contract unenforce- able, however, it may make it more difficult. The City Manager stated that the Council could recommend approval of the resolution subject to final review by the City Manager and City Attorney. RESOLUTION NO. 82 -80 Member Gene Lhotka introduced the following resolution and moved its adoption subject to final review and approval by the City Manager and City Attorney. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member. Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 5 -10 -82 -4- F RESOLUTION NO. 82 -81 Member Bill Hawes introduced the following - resolution and moved its adoptions RESOLUTION CLOSING PROJECT COSTS, AUTHORIZED IMPROVEMENTS, AND RELATED RESERVE ACCOUNTS 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, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Amending City of Brooklyn Center's Community Development Project Application for Years V, and VI of the Hennepin Urban County. He explained that this resolution will authorize the retaining of a consultant for the 50th & France Avenue (Joslyn Pole Yard) study, and-that funding for the consultant would be obtained from community development funds. Councilmember Hawes stated that he realizes the study may be beneficial but that he is not in favor of the survey in light of the current economic condition of the City and State, pointing out that he does not believe it is justified at the present time. The City Manager explained that the survey would be a detailed analysis of the area. He pointed out that various proposals for roadway redesign and realignment in the area have been discussed, and that he believes these alternatives, and the large amount of open land on the Joslyn and Murphy Warehouse sites, represent a significant planning task. He stated that the City staff is recommending that more information be obtained in this area which.would provide more planning information. Councilmember Scott requested a clarification of the purpose of the study and asked whether it would address only land use issues or involve a more detailed study. The Director of Public Works stated that the study would address land use issues and would also address the creosote problem in the area. He added that the study would also provide information which would develop recommendations to improve the poor traffic circulation in the area. He pointed out that there is poor access to the Joslyn site and the other properties in the area at the present time. He explained that properties in the area, other than Joslyn site, are on the market now and when these other sites become developed the options to improve access and circulation are gone, he stated he would hope that this study would provide options. As a third part of the study, the Director of Public Works pointed out that a market analysis of the area would be conducted. Mayor Nyquist stated that it seems crucial to take a total look at the area. Councilmember Lhotka inquired uired whether there w ould be any possibility of a joint effort with the Joslyn Company n Com an to conduct a study. The City Manager replied that the City staff has not discussed this with the Joslyn people but much of the study -would be of use to them, and that it would be possible to approach the company with this idea. Councilmember Hawes inquired whether any of the wells along 51st could possibly be polluted from the Joslyn site. The Director of Public Works replied that the . pollution in the well on 51st is not a chemical pollution, but it is a biological contamination and would not come from the Joslyn site. Councilmember Theis inquired what process would be used to.select a firm for the f the procedures for the selection are. stud The City Manager stated that some of p study. by federal regulations, and tbat proposals would be received by several firms and interviews would be held to choose a firm to do the study. Councilmember dies forthcoming. Director of re any other stu Theis also asked if there we y Public Works stated that one of the studies forthcoming would be work on the City wells and standby power system. 5 -10 -82 -5- RESOLUTION NO. 82 -82 Member Celia Scott introduced the following resolution and moved its adoption; RESOLUTION AMENDING CITY OF BROOKLYN CENTER'S COMMUNITY DEVELOPMENT PROJECT APPLICATION FOR YEARS V, AND VI OF THE HENNEPIN URBAN COUNTY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka subject to an amendment which would direct the City staff to discuss, with the property 'owners in the area, the possibility of sharing the cost of the study. In addition, if none of the property owners were interested in pursuing this the resolution would be again brought back for Council consideration. The City Manager replied that the resolution before the Council this evening Amends the City's Community Development Project Application for Years V, and VI, and that the staff would have to come back to the City Council for approval of any specific project under this amendment. He stated that this resolution merely amends the community development plan and reserves funds but does not authorize the study. In light of the City Manager's statements, Councilmember Lhotka withdrew his amend- ment to the approval of the resolution and upon vote being taken thereon, the following voted in favor of the resolution: Dean Nyquist, Gene Lhotka, and Celia Scott; and the following voted against the same: Bill Hawes, and Rich Theis, where- upon said resolution was declared duly passed and adopted. ORDINANCES y The City Manager introduced an Ordinance Amending Chapter 35 of the City Ordinances Regarding Suntan Studios and explained that the ordinance was first read at the April 12, 1982 City Council meeting, published on April 22, 1982, and is recommended for a second reading this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on an Ordinance Amending Chapter 35 of the City Ordinances Regarding Suntan Studios. He inquired if there was anyone present who wished to speak at the public hearing. 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 Hawes to close the public hearing on an Ordinance Amending Chapter 35 of the City Ordinances Regarding Suntan Studios. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 82 -4 ----Me ber Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SUNTAN STUDIOS The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed adopted. RECESS The Brooklyn Center City Council recessed at 8:04 p.m. and reconvened at 8:20 p.m. PUBLIC HEARINGS ON PROPOSED IMPROVEMENT PROJECTS 1982 -06, 1982 -07, AND 1982 -08 The Assistant City Engineer reviewed Water Main Improvement Project No. 1982 -06, 1 5 -10 -82 -6- and pointed out that the project location was Kylawn Park from Twin Lake North Apartment complex to Kyle Avenue. He reviewed the project, including a summary of the estimated costs and assessments. Mayor Nyquist opened the meeting for the purpose of a public hearing on Project No. 1982 -06. Mayor Nyquist recognized Cynthia Mack, Executive Coordinator of the Twin Lake North Apartments. Ms. Mack stated that she is representing the owner of the Twin Lake North Apartments, and stated that she does not feel there is a need for new water main and that she is opposed to the project. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. There being none, he entertained a motion to close the hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on Water Main Improvement Project No. 1982 -06. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Director of Public Works explained that from a fire protection stand point the proposed water main improvement project will improve the firefighting capability. Councilmember Hawes asked whether the firefighting capacity would be increased by this project. The Director of Public Works explained that the project would increase the firefighting capability by approximately 50% from the current conditions. He pointed out that currently there are 2,000 gallons per minute available for fire- fighting and with the project 3,000 gallons per minute would be available. Councilmember Scott inquired if there were any breakdowns of the water system in this area. The Assistant City Engineer replied that the entire area has been broken down and without water for a period of up to 24 hours. Councilmember Scott stated that she is concerned about the water system breakdowns in the apartment complex, especially with regard to firefighting capability. Mayor Nyquist recognized Ms. Cynthia Mack who stated that it is her recollection that only one -half of the apartment complex was without water for one day last year. She stated that she is concerned about passing along the costs of the project to residents at this time since rent increases would be required. Councilmember Lhotka stated that he would recommend the resolution be approved, pointing out that he is sensitive to the owners request but that he is also concerned about the renters needs in the complex. RESOLUTION NO. 82 -83 j Member Gene Lhotka introduced the following resolution and moved its adoption:. RESOLUTION ORDERING KYLAWN PARK WATER MAIN IMPROVEMENT PROJECT NO. 1982 -06 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, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Assistant City Engineer proceeded to review Water Main Improvement Project No. 1982 -07, construction of a 6" water main along 51st Avenue North extension j 5 -10 -82 -7- west of East Twin Lake Boulevard. He explained that it is proposed to install a 6" water main to provide water service to 4100 51st Avenue North in response to a petition submitted by the property owner. He proceeded to review the project, including a_ summary of the estimated project costs and assessments. Mayor Nyquist opened the meeting for the purpose of a public hearing on Water Main Improvement Project No. 1982 -07. Mayor Nyquist recognized Mr. Keith Harstad, representing Harstad Todd Construction Company. Mr. Harstad stated that he is the owner of a portion of the property along 51st Avenue in the project area. He stated that he is happy to see the proposed water main being installed, but that he would also like to see sewer and street installed in the area, pointing out that his firm wants to develop the area. Mayor Nyquist recognized Mr. Robert Swanell who stated that he was a tax agent for the Tri -State Land Company, owner of a portion of the property in the project area, and that he was submitting a written protest of the project. He stated that the land owned by the Tri -State Land Company would not receive benefit from the water main. Mayor Nyquist accepted the written protest from Mr. Swanell and ordered that it be entered into the official record of the meeting. Mayor Nyquist recognized Mr. Ed Christian, 5306 Perry Avenue North, who questioned why his property would be placed in the assessment district since he would not receive benefit from the water main. The Director of Public Works explained that the City is not proposing to levy assessments to other properties in the area at this time. He stated that reason the notice was sent to adjoining property owners is that if water was extended to other properties in the area they would have to be linked to this project, and that if the property owners are not included in the project now, a doubt exists as to whether costs could be recovered when the water main is extended to their respective properties." 'Mr. Christian stated that he is also concerned about the trunk sewer lines in the Twin Lake area. He stated that, if a boat hits these lines, they could break. The Director of Public Works stated that the lines are not trunk lines but are force mains and are controlled by the metro sewer board. The City Manager stated that he would look into this matter. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There, was ,a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on Water Improvement Project No. 1982 -07. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Discussion continued regarding.Mr. Harstad's request to include sewer and street in the project area contingent on him filing a plat for the development of the area. The City Manager suggested that this project could be tabled to allow Mr. Harstad time to submit a plat to the City. He also suggested placing a deadline.on the tabling action which would allow time enough to prepare the plat but would also take into account the need for potable water at 4100 51st Avenue North. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to 5 -10 -82 -8- table consideration of Water Main Improvement Project No. 1982 -07 until the June 14, 1982 City Council meeting. Voting in favor: Mayor Nyquist, Council- members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Assistant City Engineer reviewed Earle Brown Drive Streetlight Improvement Project No. 1982 -08 explaining that the project is located along Earle Brown Drive within the Brookdale Corporate Center addition to Brooklyn Center. He proceeded to review the details of the project and also a summary of the costs for project 1982 -08. The Director of Public Works stated that if the Council approves the project he would recommend the addition of a statement in the resolution authorizing the acceptance of the proposal from NSP to accomplish the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on Earle Brown Drive Streetlight Improvement Project No. 1982 -08 and inquired if there was anyone present who wished to speak at the public hearing. 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 Hawes to close the public hearing on project 1982 -08. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 82 -84 Member Celia Scott introduced the following resolution and moved its adoption with the addition of an authorization for the City Manager to accept the project proposal from NSP: RESOLUTION ORDERING EARLE BROWN DRIVE STREETLIGHT IMPROVEMENT PROJECT NO. 1982 -08 The motion for the adoption of the foregoing resolution as amended was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -85 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CENTRAL PARK WATER MAIN IMPROVEMENT PROJECT NO. 1982 -05, KYLAWN PARK WATER MAIN IMPROVEMENT PROJECT NO. 1982 -06 (CONTRACT 1982 -D) 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, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -86 Member Gene Lhotka introduced the following resolution and moved its adoption: 5 -10 -82 -9- RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO ISSUE MASTER NOTES FOR TRANSFER OF FUNDS FROM THE INVESTMENT TRUST FUND TO THE SPECIAL ASSESSMENT FUND The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 82017 SUBMITTED BY ROBERT ADELMANN FOR A VARIANCE FROM THE SIGN ORDINANCE TO ALLOW FOR A 46' HIGH, 204 SQUARE FOOT FREE- STANDING SIGN IN PLACE OF THE SIGN CURRENTLY AT ORDINANCE MAXIMUMS OF 24' IN HEIGHT AND 90 SQUARE FEET AT 6501 HUMBOLDT AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Council members pages 4 through 6 of the April 15, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 82017. He proceeded to review the applicant's letter requesting the variance, and also the applicant's reasons for requesting the variance,outlining how the applicant feels his proposal meets the Sign Ordinance Standards for Variances. The Director of Planning & Inspection reviewed the previous and existing visibility of the identi- fication sign at the applicant's service station and noted that it is the staff contention that the existing visibility is equal to, if not greater, than the previous visibility. The Director of Planning & Inspection stated that the Planning Commission held a public hearing on Application No. 82017 at its April 15, 1982 meeting and that they recommended denial of the application after a public hearing was held. He explained that required notices of this evening's meeting have been sent and the applicant is present. The Council proceeded to discuss the visibility issue of the application. Mayor Nyquist inquired whether the applicant had any statistics on business from the freeway traffic as opposed to local traffic. The Director of Planning & Inspection stated that the applicant's business data was not broken down in these categories. Councilmember Scott commented on the change in traffic patterns during the period when the applicant's statistics were compiled noting that this was before the bridge was closed at Humboldt. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 82017. He recognized Mr. Robert Adelmann, who stated that the sign he is requesting is 50' high, and that the normal standard for a freeway sign of this type is 80 to 90 feet. He stated that when the bridge at Humboldt was closed he noted that his business dropped and that his gas sales volume is still decreasing. He explained that Standard Oil, in general, in the metropolitan area has maintained a 5.4% reduction in gas sales in his territory, but that at his station he experienced a 19.6 % reduction. He stated that he believes the sales decreased after the bridge at Humboldt was closed, and after the bridge reopened again the sales did not go up. He stated that the main interchange is now at Shingle Creek Parkway as opposed to Humboldt Avenue North. Councilmember Hawes left the table at 9:59 p.m. 5 -10 -82 -10- In response to an inquiry from Mayor Nyquist, the applicant stated that he is attempting to draw customers from the new interchange at Shingle Creek Parkway. Councilmember Hawes returned to the table at 10:00 p.m. Councilmember Theis noted that the Q Petroleum and 7- Eleven stores began selling gas during the time when the applicant's sales decreased and he suggested that this may be a competition for gas sales. The applicant stated that Standard Oil, in his district, has only experienced a 5% decrease and that his was approximately 20 %. He added that these types of operations, such as Q Petroleum and 7- Eleven, have opened up all over the area and it isn't that definite that these types of operations will necessarily decrease business. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Application No. 82017. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny Application No. 82017 on the grounds that the Sign Ordinance Standards for Variance are not met,and that the situation is not unique and that to grant the variance would set a bad precedent which would undermine the sign ordinance. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS UPDATE ON NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The City Manager noted that Administrative Assistant Bublitz had prepared a memorandum on the current status of the Northwest Hennepin Human Services Council, and that he was prepared to discuss this item with the Council this evening. Administrative Assistant Bublitz stated that he would like to make a correction in the second paragraph of the memorandum dated May 7, 1982, pointing out that the sentence which states that a $17,977 reduction in funding for the Council is scheduled for July 1, 1982 is not correct, and that the $30,833 budgeted for the Council from Hennepin County in 1982 appears to be accurate at this time and will be funded in full for 1982. He explained that the Northwest Hennepin Human Services Council is currently operating at a deficit in their 1982 budget of over $20,000 and that this may be handled by staff reductions in the Council's professional staff. He explained that the Long Range Planning Committee of the Executive Committee of the Northwest Hennepin Human Services Council has been exploring various alternatives for 1982, and will be making their recommendations to the Executive Committee in the near future. He explained that funding for 1983 may even be more serious, noting that Hennepin County may reduce funding even further to the Council, and that in order to retain even a single staff person for the Council the funding requests from municipalities in 1983 could be as high as five to six times their present contributions. He stated that the purpose of this evening's discussion is to gain some insight - into the Council's attitude and ideas concerning the need for the continued operation _ of the Northwest Hennepin Human Services Council. Councilmember Hawes inquired whether there was any other agency in the area performing the same function as the Northwest .Hennepi,n Human Council and whether this was a duplication of services. The City Manager noted that there really was no other 5 -10 -82 -l1- agency performing the function that the Human Service Council does for the northwest area. He pointed out that the two major roles of the Human Services Council is to coordinate the various human service providers in the area, and the second major role is to provide the northwest area with an organized input into the County plann and funding system for human servies in the northwest area. Councilmember Lhotka stated that in his work with the Brooklyn Center Human Rights Commission he has been involved with the Northwest Hennepin Human Services Council and that he believes it is a worthwile organization, and on behalf of the Human Rights Commission he would support the continuation of the Northwest Hennepin Human Services Council. Councilmember Scott stated that her view of the Northwest Hennepin Human Services Council is that it is a clearinghouse for information, and that it has proved invaluable to her in directing people with human service needs to an agency that can help them or at least tell them where they can get help for their problems. Councilmember Hawes stated that he believes there is a need for this type of agency but questioned whether Hennepin County could be influenced to locate some of their offices in the northwest area. The City Manager replied that the Hennepin County staff has been maintaining a trend toward centralization of services, and that the Northwest Hennepin Human Service Council has served as a check to this trend. GAMBLING LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve a Class B gambling license for St. Alphonsus Catholic Church Fun Fair. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to waive the $10,000 fidelity bond for St. Alphonsus Catholic Church Fun Fair. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve a Class B gambling license for Knights of Columbus, Council #6772. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to waive the $10,000 fidelity bond for Knights of Columbus, Council #6772. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously.. The Broo y ntAV City Council adjourned at 10:34 p.m. rk MaYo ' 5 -10 -82 -12-