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HomeMy WebLinkAbout1993 09-20 CCM Special 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 SPECIAL SESSION SEPTEMBER 20, 1993 (RECONVENED FROM SEPTEMBER 13, 1993, MEETING) CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session (reconvened from September 13, 1993, meeting) and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Public Works Coordinator Diane Spector, City Engineer Mark Maloney, Director of Community Development Brad Hoffman, and Council Secretary Kathy Stratton. OPENING CEREMONIES The invocation was observed with a moment of silence dedicated to the memory of Mr. Howard Atkins. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. APPROVAL OF AGENDA There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the agenda. The motion passed unanimously. PLANNING COMMISSION ITEM The City Manager introduced Planning Commission Application No. 93010, submitted by Holiday Station Stores, Inc., request for site and building plan and special use permit approval to construct a gasoline station /convenience store /car wash at 6550 West River Road. He indicated this application was considered by the Planning Commission on August 12 and August 26, 1993, and was recommended for denial. He explained the City Council 9/20/93 - 1 - had begun to discuss this application on Monday, September 13, 1993, when a medical emergency prevented further proceedings. He said the meeting tonight should pick up where it had been left off last week. Mayor Paulson commended the members of the public for last week's willingness to keep comments short, avoid repetition, and refrain from applause or response to speakers, and asked the group to do the same this week. He then offered the applicant the opportunity to address the Council. Mr. Tom Gedde of Holiday Station Stores, Inc. began by introducing several members of the Holiday staff and explained each one would address the Council later. Mr. Gedde explained the property involved in this application has been zoned C -2 for literally decades and had actually had a filling station on it until 1978. He said Holiday's intended use is nothing new, and even without a special use permit the property allows for a convenience store. He explained in 1989, Mr. Atkins and FINA came to the City Council with requests for rezoning, to which the Council responded by adopting a moratorium on development and asking Short - Elliot- Hendrickson (hereafter SEH) to study the matter because of concerns expressed by neighbors. He reviewed their findings with use of overhead and emphasized these professionals, chosen by the City, recommended the property remain C -2. Ms. Lynn Anderson, also of Holiday Station Stores, Inc., thanked the Council for considering the application and gave a brief introduction of Holiday Station Stores, Inc. as a first -rate corporation desiring to be involved in communities. Another representative of Holiday Station Stores, Inc., Mr. Jerry Jensen, described the proposed facility's appearance as well as drainage plans, screening measures, and landscaping plans far in excess of the required 80 points, with proposed plantings on the adjacent C -1 property in addition to the landscaping actually on the site. In response to Councilmember Scott's question whether the plan for trees was meant to screen headlights, Mr. Jensen explained they were both for aesthetics and for screening. Mr. John Paulson of KKE Architects gave a presentation of the building and showed materials used were of a quality superior to what was required and to the type of buildings already constructed along T.H. 252. Mr. Joel Giel, Project Manager for Holiday Station Stores, Inc., explained plans for underground piping and double wall STP 3 tanks equipped with protection from corrosion. He indicated tanks would be monitored by station personnel and tested annually. He added the car wash would contain a trap to catch water, grease, and oil before being discharged into the City sewer system and then into the river. Mr. Gedde explained Brooklyn Center's own staff had recommended approval of Holiday's application providing 13 conditions were met. He restated ways in which Holiday had 9/20/93 -2- amended plans in order to accommodate the wishes of Brooklyn Center staff and the requests of the neighbors, to the point where no further request was made that Holiday had not met. He then asked the Director of Public Works to address the traffic concerns. The Director of Public Works explained he had not reviewed any new information, but based on previous and existing information, the studies by SEH in 1989 indicated no serious problem at the intersection in question. He said regarding the information given last Monday night and this evening on green time for west -bound traffic, he personally drives the area and usually makes it through in one cycle, with rarely having to wait two or three cycles. He added neighbors of his in the north end of the neighborhood regularly use this intersection as a reference over h p the intersection at 73rd Avenue. The Director of Public Works stated there are 53,000 cars per day on T.H. 252, 2,657 per day on the east leg of T.H. 252 and 66th Avenue, and 7,300 per day on the west leg by SuperAmerica. He said he was not aware of any serious problem with any of the areas, with the exception of the pedestrian traffic crossing there that might be reduced by adding a station and store on the other side. Mr. Gedde continued to say were it not for the neighborhood concerns this would be a standard application, and in this case the applicant has bent over backward to live by all the rules established by the City. He said after meeting with the neighbors last Thursday night, Holiday was prepared to make several commitments beyond what had already been requested and showed an overhead adding further conditions to the 13 previously established as follow: 14. Interior and exterior video surveillance for security. 15. Eight foot pine or spruce trees on the northeast corner of the adjacent parcel and an easement agreement for the maintenance of these plantings shall be obtained in a form satisfactory o City staff. ry ty 16. No tanker truck deliveries of gasoline to the station between 11 p.m. and 6 a.m. 17. The car wash shall not be operated between the hours of 11 p.m. and 6 a.m. Mr. Gedde mentioned there are legal issues to keep in mind when talking about special use permits. He reviewed a case in Rochester where an applicant was turned down, and read the following from an overhead: "Denial of the special use permit must be based on something more concrete than neighborhood opposition. In fact, if compliance with code is given, approval follows as a matter of right." He concluded by explaining in the Rochester situation the City Council's denial was overturned by the court of appeals and said it is not fair to the applicant to base a decision solely on neighborhood opinion; not fair, or Iegal. He said there is one other reason he 9/20/93 -3 - believed the objections of the neighbors to be misguided, because Holiday would be a good neighbor and an asset to that part of Brooklyn Center. He said no one is saying Holiday will provide fifteen to thirty new jobs for area residents, or commenting on how nice the new building will look, or acknowledging this will be a convenience to everyone that lives in the- area. He said Holiday does not believe the residents will find Holiday anything but a positive experience and urged the Council to approve the application. Councilmember Kalligher asked the City Attorney what was involved in the State law regarding moratorium ordinances, and if it is impossible to impose a moratorium when that same procedure had been done previously. The City Attorney explained Minnesota Statutes, Chapter 462, details the three instances in which there is authority for cities to adopt moratorium ordinances. Mayor Paulson asked who owns the property where the additional trees would be planted and asked if an easement agreement would apply to subsequent owners. Mr. Gedde explained the property is owned by the Atkins family, and in the event of transfer of property, Holiday would either negotiate to continue to maintain the agreement or turn the responsibility over to the new owners. There was a motion made by Councilmember Kalligher to close the public hearing. Mayor Paulson expressed the desire for further discussion, and Councilmember Kalligher withdrew the motion. Mayor Paulson asked the applicant what the future of the Holiday Station one mile away is, with the concern this is actually a relocation to a better property rather than an addition of another business. Mr. Jensen assured the Mayor the existing Holiday was functioning in a manner satisfactory to their corporation and would not change as a result of adding the new Holiday. He added their hopes were to take business from SuperAmerica, not their own station. Mayor Paulson asked what is contained inside a Holiday store, and if it includes ammunition and adult magazines. Mr. Jensen explained shot gun shells are sold in hunting season, and adult magazines are sold unless the neighborhood requests their removal. Mr. Gedde said a moratorium is exactly what the City did before and it would be inappropriate to repeat the process again such a short time later. He said the ordinance is not meant to delay an application twice for the same purpose. 9/20/93 -4- Mr. Rod Snyder of 6408 Willow Lane handed out a report he had compiled and said in researching what has been previously done regarding the property involved in this application he has found several statements saying it is not possible to screen damaging negative effects from existing residential homes. He said in spite of the SEH study being mentioned in support of the application, it gave only five uses for the property and endorsed them only with conditions. He said the key for gas stations would be a landscaping berm that never got constructed because of cost, and Holiday cannot resolve the problem of its elevation being high and the residential properties being low. He also pointed out 8 foot high trees are only 4 feet wide, so at the rate of growth for that type of tree there would not be a good screen for 27 years. Mr. Snyder said he was troubled by having a representative of Holiday Station Stores give a veiled threat of litigation, especially since Congress is currently drafting a new environmental policy which prevents development within 300 feet from the river. He also expressed concern over the fumes released into the air when a gasoline tank is filled. Mr. Snyder asserted the Council need not be afraid of litigation because the requirements in the special use permit are not satisfactorily met, and just because Rochester's case was ruled the way it was makes no difference what will happen in Brooklyn Center. He said if people were afraid to do what was right because of existing laws, then women and black people would not be able to vote in this country. Mr. Bill D'Amour of 7118 Willow Lane expressed his concerns about danger on T.H. 252 with more turning, exiting, and entering and the possibility of using main arterial highways to segregate e ate g g neighborhoods. Ms. Ella Sander, Chairperson of the Planning Commission, explained how she and her husband had stood out in the rain to time h t e stoplights at the intersection of T.H. 252 and 66th Avenue, and reviewed the contents of a report detailing their findings. She said she P g g was concerned any more movement of cars at that intersection would cause serious problems. Mr. Jerry Blamey of 7136 Willow Lane said the meeting on Thursday night was disappointing because he felt Holiday was doing a sales job on the residents. His concerns were for traffic, property values, and that just because the City has improperly ruled in regards to this property in the past, two wrongs don't make a right. He asked the Council not to be pressured by the threat of litigation and to reject the application. Mr. Tom Kouri of 6416 Willow Lane expressed concerns for plans for the bike trail to go down the west side of River Road and appealed to the Council to remember each person is called by God to share his or her talents with the community and to base decisions on what is good and right and what is best for people. Mayor Paulson called a brief recess at 9:00 p.m. 9/20/93 - 5 - The City Council reconvened at 9:13 p.m. when Mayor Paulson gave the applicant and audience the opportunity to address the Council or respond to previous comments. Ms. Shar Bjerke of 7020 Dallas Road asked the question, "Who would benefit from this station ?" She said residents in her neighborhood ration water, and it would be hard to watch people from other cities coming to the station to get their cars washed. She pointed out products that drip off of cars float in water, so she didn't think a trap for sediments would work to prevent pollution to the area, and expressed her concern that many residents would move out of the neighborhood. Mr. Bill Elsholtz of 6546 Willow Lane pointed out having the Holiday station might actually cost the residents additional taxes rather than being a revenue producer, so approving the application may not be a good business deal for the City. Mr. Gedde said he was impressed by the intelligence and dedication of the neighbors and said he's sorry they disagree. He reminded the Council the issue is fairness which is not based on a clean slate but on a history. He said it is too late to go back and say maybe a mistake was made in the past on zoning, and he again urged the Council to be fair and approve the application. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to close the public hearing at 9:29 p.m. The motion passed unanimously. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to direct City staff to prepare a moratorium ordinance to conduct studies regarding the rezoning of the whole sector including property in the southeast quadrant south of 66th Avenue. Councilmember Scott asked on what ground this moratorium could be enforced, and Councilmember Kalligher responded on previous studies which showed the property could be rezoned to C -1. Councilmember Rosene explained his second to the motion was because he wanted more information and wondered if the City should be required to compensate the Atkins family in some way if the property was rezoned. The City Attorney expressed the moratorium ordinance needs to be clear on what the area studied will be, as well as what other related studies could be done in the future. He cautioned the Council there are clear limits when the Council imposes a moratorium ordinance and questioned whether the ordinance would include the purpose of rezoning to C -1. 9/20/93 - 6 - Councilmember Kalligher said she was willing to include the purpose of rezoning to C -1 in her motion, but the Council discussed it and decided it would be better not to be that specific, so as to leave other options open. Councilmember Scott explained she had called the Department of Interior regarding the legislation against any commercial development at all within 300 feet of the river. She explained although this legislation is not law yet, many communities are already following principles of the plan. She said the representative she talked to, though not the head of the project, was quite concerned that Brooklyn Center not go against the thrust of the plan, Councilmember Rosene said he thought things may have changed since the SEH study was conducted and therefore it might be outdated. Councilmember Mann said in light of environmental concerns she would also support the motion for a moratorium ordinance to prepare studies regarding rezoning. Councilmember Rosene called the question. The motion passed unanimously. PUBLIC HEARINGS REGARDING SPECIAL ASSESSMENTS The Director of Public Works explained the five public hearings that would follow and showed an overhead detailing the procedure for taking each one separately. He explained notice had been given to all residents and no written objections had been received. He said under law a property owner has the right to appeal an assessment within 30 days, and there is also a procedure for deferral for senior citizens. Mayor Paulson opened the meeting for the purpose of a public hearing Regarding Special Assessments for Diseased Shade Tree Removal Costs at 9:55 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing at 9:56 p.m. The motion passed unanimously. RESOLUTION NO. 93 -142 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING P S ECIAL ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. 9/20/93 -7- Mayor Paulson opened the meeting for the purpose of a public hearing Regarding Special Assessment for a Delinquent Public Utility Repair Accounts at 9:57 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to close the public hearing at 9:58 p.m. The motion passed unanimously. RESOLUTION NO. 93 -143 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR A DELINQUENT PUBLIC UTILITY REPAIR ACCOUNT TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. Mayor Paulson opened the meeting for the purpose of a public hearing Regarding Special Assessments for Delinquent Public Utility Service Accounts at 9:58 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to close the public hearing at 9:59 p.m. The motion passed unanimously. RESOLUTION NO. 93 -144 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Mayor Paulson opened the meeting for the purpose of a public hearing Regarding Special Assessments for Weed Removal Costs at 9:59 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to close the public hearing at 9:59 p.m. The motion passed unanimously. 9/20/93 -8 - RESOLUTION NO. 93 -145 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The Public Works Coordinator introduced the proposed Special Assessments for 69th Avenue North Street Improvement Project No. 1990 -10 and explained via overhead which properties are proposed to be specially assessed for the improvements. Mayor Paulson opened the meeting for the purpose of a public hearing Regarding Special Assessments for 69th Avenue North Street Improvement Project No. 1990-10 at 10:01 p.m. He inquired if there was anyone present who wished to address the Council. Mr. Chris Joelson of 400169th Avenue North expressed concern that his property is zoned R -3 but used as R -1, and some properties were not assessed when his was. Councilmember Rosene asked the Council if perhaps this is an area that ought to be considered for rezoning. Mr. Denton Dawson addressed the Council on behalf of his mother, who lives at 401169th Avenue North. He explained she has lived there for 53 years, is in her eighties now, and does not want to move. He was concerned about the assessment at an R -3 rate when the five homes west of the water tower are all being used as R -1 properties. He inquired about the $1,600 per homeowner that was assessed in January of 1992 for electrical improvements, since he knew that some of the homes did not actually have any improvements done. He asked what was done with that money. He also said the interest rate of 9% seems high in the present market, especially for a senior citizen on a fixed income, and asked if anyone knew what the bonds were sold for. The Director of Public Works explained there have been several meetings with the property owners about zoning when they were considering getting together to market their property as R -3. He explained there is still some possibility that kind of development taking place. Mr. Ralph Howard, representative of Mound Cemetery, explained the assessment to their property was $9,636.38 which could only come out of the budget for perpetual care and asked the Council to lessen the assessment. Members of the audience indicated the names of the homeowners of the five properties which are zoned R -3 but used as R -1 as follows: Christopher Joelson, Gumpert & Joyce 9/20/93 - 9 - Gruenke, Hazel Dawson, Richard Dawson, and Truman and Jean Hansen. The Director of Public Works recommended all of these properties should be treated equally. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing at 10:15 p.m. The motion passed unanimously. Mayor Paulson said there seemed to be enough question raised to research the assessments that are being appealed. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve Resolution Certifying Special Assessments , for 69th Avenue North Street Improvement Project No. 1990 -10 to the Hennepin County Tax Rolls except the five properties which are zoned R -3 but used as R -1 property and Mound Cemetery and to direct staff to study these five properties and Mound Cemetery. The motion passed unanimously. RESOLUTION NO. 93 -145A Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR 69TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1990 -10 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, the motion passed unanimously. DISCUSSION ITEMS STATUS REPORT ON PROPOSED 1994 STREET IMPROVEMENTS Mayor Paulson thanked the members of the audience waiting for this agenda item for their patience. The City Manager introduced a Status Report on Proposed 1994 Street Improvements and reviewed the Building Block process on the overhead projector. He explained as directed by the City Council on July 26, 1993, initial meetings have been held for the Northwest Area project and for the Humboldt Area project, as well as the James, Knox, and 54th Avenues Area project. The Director of Public Works explained at the Northwest Neighborhood Meeting there were approximately 20 property owners, the primary concerns were with drainage, and there seemed to be a good level of support for improvements in the area. He said in the second area, the Humboldt Avenue Neighborhood Meeting showed an overwhelming concern of the property owners regarding the high level of traffic on that street. He indicated at the third meeting of the James, Knox, and 54th Avenues area only one person appeared who was in 9/20/93 - 10- favor of improvements and said neighbors were of the same mind. He said because of the disappointing attendance, staff randomly called five residents to find out if they had received notices, why they didn't attend, and ask their feelings about improvements. He said the residents had gotten notices but didn't feel the need to attend, and all five called were in favor of improvements. The Director of Public Works recommended the Council adopt a resolution authorizing staff to do additional investigations necessary for more information on cost and feasibility of improvements. He asked the Council to give staff the authority to conduct a license plate survey on Humboldt Avenue to determine what percent of traffic is through traffic and what is coming from the neighborhood. He said the Cit needs to know what the conditions are so it can deal with known uantities rather than conjecture. He mentioned q � at the neighborhood meeting several residents volunteered to form a committee to find out more about what the concerns of the residents are for the next work session. Councilmember Rosene asked the Director of Public Works to outline what the requirements would be to use State Aid funds. The Director of Public Works said for Municipal State Aid funds to be used, the City must follow all standards on width of road, number of lanes, etc. as specified by MnDOT. Councilmember Rosene wondered what the timelines were for complying with these standards and if the consideration of any kind of impediment to traffic would go against State Aid rules. The Director of Public Works said if a road is changed so it no longer conforms to State Aid standards, the City must repay unused funds and a pro -rated share back to the State. He explained depending on the definition of impediment, an impediment may or may not comply. He added the State Aid fund rules would currently allow a 30 foot curb -to -curb road with no parking, a 36 foot curb -to -curb road with parking on one side, or a 42 foot curb -to -curb road with parking on both sides. In response to Councilmember Kalligher's question, the Director of Public Works explained there is currently parking allowed on both sides, but not many residents use it except for special occasions. Councilmember Rosene requested City staff to be in contact with the City of Brooklyn Park for the purpose of sharing information. The Director of Public Works explained a meeting with Brooklyn Park already took place last week in which there was discussion about the possibility of the connection of Humboldt Avenue with T.H. 252. He said Brooklyn Park would consider this discontinuance, and they felt MnDOT would be favorable to that change. He said the possibility of improving 73rd Avenue between Humboldt and T.H. 252 was also discussed. He continued MnDOT has 9/20/93 - 11 - plans to expand T.H. 252 between 73rd Avenue and Brookdale Drive to three lanes next year which would have some positive effect on the Humboldt Avenue situation, but not enough. He said one purpose of meetings with residents was to raise public interest, which had certainly been accomplished. Mayor Paulson said the Council would take time to hear from the residents. Councilmember Rosene said he strongly supported the wishes of the Director of Public Works to conduct a license plate study and he suggests the neighbors be notified of the time this study takes place. Mr. Mike Schwartz, 7100 Humboldt Avenue, asked to be given the status of the petition submitted by the residents and expressed his concerns that steps 4 through 8 of the Building Block process had nothing to do with traffic. Mr. Dave Olson, who said he resides on the corner of Humboldt and 73rd Avenue, identified himself as the author of the Humboldt Avenue Traffic Count Study Prepared for Humboldt Avenue Residents Association, which he defined as a loosely associated group with no bylaws whatsoever. He said the main issue is too much traffic that comes not from Brooklyn Center but from Brooklyn Park, and also everybody on Humboldt Avenue wants to keep the road nice. He said the Association likes the Building Block process, but they are concerned that the City not make use of State funds so there is flexibility to reduce the traffic problem using local resources. Mayor Paulson said everyone agrees to go forward with traffic studies, and the Council would like to be involved with the process of these studies since everything has gone wrong for Humboldt Avenue so far. He then thanked the residents for their work and organization. Mike Schwartz spoke again of the history of Humboldt Avenue, detailing there are no cross walks or safe crossings for children to get to school or neighbors' homes. Mayor Paulson asked Mr. Schwartz if he was comfortable with the consensus to perform a traffic study and explained in spite of the great start the neighborhood has, the problem cannot be solved in one evening. Mr. Schwartz agreed. Councilmember Mann asked if residents could volunteer their services for conducting traffic studies to cut back on expenses. The City Manager explained studies should be done by people trained on the use of and familiar with special equipment. 9/20/93 - 12- Councilmember Rosene explained even though the Council is asking not to continue with any more discussion because of time, the residents should be assured he hopes the Council will stick with this problem until it is solved. Councilmember Kalligher asked that residents be informed when the traffic studies are being conducted. Councilmember Rosene said he would support a motion to go ahead with development of feasibility studies and field work as long as that would include considerations to reduce traffic on Humboldt Avenue. Mr. Larry Cuskey of 7024 Humboldt Avenue assured the Council without a shadow of a doubt Humboldt Avenue is a trunk road for passing through. He expressed his concern that much money be spent to determine what is already known. The City Manager explained no improvements could be made whatsoever until concrete information was gathered. The City Manager presented A Resolution Authorizing Development of Feasibility Studies for Improvement Projects in Three Areas. RESOLUTION NO. 93 -146 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING DEVELOPMENT OF FEASIBILITY STUDIES FOR IMPROVEMENT PROJECTS IN THREE AREAS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented A Resolution Accepting Proposal for Professional Services to Provide an Evaluation of Benefits Resulting from Proposed 1994 Street Improvement Projects, and Allocating Funds Therefor. Councilmember Kalligher expressed concern that the amount of $9,100 seemed high and she would like to direct staff to get another appraisal quote. The City Manager said he felt the price was reasonable and indicated the City Attorney was most confident with using the services of BCL Appraisals. The City Attorney responded by saying Brad Bjorklund of BCL Appraisals is the only one he knows would do a good job for the City, but he said no doubt there are other people out there who could handle it. He added it would take some time and work to find out who they are. 9/20/93 - 13 - There was a motion made by Councilmember Kalligher and seconded by Councilmember Rosene to direct staff to seek out other appraisers and request quotes. Councilmember Rosene said even though he seconded the motion, he has some qualms - about who is used for appraisals and hopes the City staff will be careful. The motion passed unanimously. RESOLUTION NO. 93 -147 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES TO EVALUATE TRAFFIC ON HUMBOLDT AVENUE NORTH, IMPROVEMENT PROJECT NO. 1994 -05, AND ALLOCATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and h t e motion P assed unanimously. STAFF REPORT ESTABLISHMENT OF PROJECT FOR IMPROVEMENTS TO CENTRAL GARAGE There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table this item to the September 27, 1993, Regular Council Meeting. The motion passed unanimously. STAFF REPORT ESTABLISHMENT OF CENTRAL GARAGE INTERNAL SERVICE FUND There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table this item to the September 27, 1993, Regular Council Meeting. The motion passed unanimously. STAFF REPORT PARKS AND RECREATION RISK MANAGEMENT PROGRAM There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table this item to the September 27, 1993, Regular Council Meeting. The motion passed unanimously. There was a motion made by Councilmember Rosene and seconded by Councilmember Scott setting October 4, 1993, as City Council Work Session to Discuss Capital Improvements Program. The motion passed unanimously. RESOLUTIONS - CONTINUED There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table the Resolution Giving Final Approval to Year II of the Brooklyn Center Business 9/20/93 - 14 - Retention /Job Expansion Program to the September 27, 1993, Regular Council Meeting. The motion passed unanimously. Councilmember Rosene noted agenda item number five, Council Reports, had been skipped. He provided a report commending and wishing best wishes to the new Majority Leader of the Minnesota State House of Representatives, Phil Carruthers. ORDINANCES The City Manager introduced An Ordinance Repealing Chapter 8, in Its Entirety, of the City rdinances Regarding tY g g Food Sanitation Code. This ordinance was first read on August 9, 1993, published in the City's official newspaper on August 18, 1993, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Repealing Chapter 8, in Its Entirety, of the City Ordinances Regarding Food Sanitation Code at 11:35 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 11:35 p.m. The motion passed unanimously. ORDINANCE NO. 93 -08 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE REPEALING CHAPTER 8, IN ITS ENTIRETY, OF THE CITY ORDINANCES REGARDING FOOD SANITATION CODE The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager introduced An Ordinance Amending Chapter 18 of the City Ordinances Regarding Authority g g to Issue Citations. This ordinance was first read. on August 9, 1993, published in the City's official newspaper on August 18, 1993, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on Amending Chapter 18 of the City Ordinances Regarding Authority to Issue Citations at 11:37 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to close the public hearing at 11:37 p.m. The motion passed unanimously. 9/20/93 -15 - ORDINANCE NO. 93 -09 Member Dave Rosene introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 18 OF THE CITY ORDINANCES REGARDING AUTHORITY TO ISSUE CITATIONS The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager Introduced An Ordinance Amending Chapter 34 of the City Ordinances Relating to Signs for Multiple Family Dwellings. This ordinance was first read on August 23, 1993, published in the City's official newspaper on September 1, 1993, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on Amending Chapter 34 of the City Ordinances Relating to Signs for Multiple Family Dwellings at 11:38 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to close the public hearing at 11:38 p.m. The motion passed unanimously. Mayor Paulson inquired whether the issue of aesthetics was being addressed. The City Manager explained the Planning Commission is taking over the issue later this fall. ORDINANCE NO. 93 -10 Member Dave Rosene introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES RELATING TO SIGNS FOR MULTIPLE FAMILY DWELLINGS The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. ADJOURNMENT There was a motion by Mayor Paulson and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:40 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSaver Off Site Secretarial 9/20/93 - 16 -