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HomeMy WebLinkAbout1986 09-08 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 SEPTEMBER 8, 1986 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, City Attorney Bill Jordan, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Reverend Gil Maple of Brooklyn Park Free Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers r quested any items removed from the Consent Agenda. Councilmember Lhotka requested items 6 and 7c be removed from the Consent Agenda. _ APPROVAL OF MINUTES - AUGUST 25 1986 - REGULAR ESSION Councilmember Lhotka stated that in the motion r garding the Charter amendments, he had moved to table this to the September 8, 1986 meeting, and this had not been noted in the minutes. Therefore, he stated it was also not placed on the agenda for this evening's meeting. He asked the City Attorney what the correct procedure would be for this item. The City Attorney stated that the Charter amendment should be placed on the agenda for the next meeting and a correction made to the minutes of the August 25, 1986 meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the August 25, 1986 City Council meeting with the correction made regarding the Charter amendment. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to remove from the table any discussion regarding the Charter amendment, and to retable until the September 22, 1986 City Council meeting. The motion passed unanimously. 9 -8 -86 -1- RESOLUTIONS RESOLUTION NO. 86 -137 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S REPORT, APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FORBIDS FOR UTILITY SYSTEM IMPROVEMENTS AS REQUIRED TO SERVE..THE EARLE BROWN COMMONS (IMPROVEMENT PROJECT NO. 1986 -20, CONTRACT 1986 -P) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -138 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFROMED UNDER CONTRACT 1986 -H ( EARLE BROWN FARM TAX INCREMENT DISTRICT PHASE I STREETSCAPE IMPROVEMENTS, PROJECT NO. 1986 -09) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -139 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NAMING THE RESIDENTS OF BROOKLYN, MICHIGAN AS HONORARY CITIZENS OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. - LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: _ AMUSEMENT DEVICE LICENSE - OPERATOR Plaza Investments Lmt. Partnership 2200 Freeway Blvd. U.A. Movies at Brookdale 5810 Shingle Cr. Pkwy. FOOD ESTABLISHMENT LICENSE Ramada Hotel 2200 Freeway Blvd. LODGING ESTABLISHMENT LICENSE Ramada Hotel 2200 Freeway Blvd. MECHANICAL SYSTEMS LICENSE Ramada Hotel 2200 Freeway Blvd. T.G.S. Mechanical Inc. 50 Choctaw Circle PUBLIC DANCE LICENSE Ramada Hotel 2200 Freeway Blvd. SWIMMING POOL LICENSE Ramada Hotel 2200 Freeway Blvd. 9 -8 -86 -2- The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the Conditions of Approval Pertaining to Planning Commission Application No. 80005 (Thrifty Scot Motel). He noted that the City Council had originally approved this item by a motion but the Attorney for the applicant has stated he would like the approval in resolution form. The Director of Planning & Inspection stated that generally speaking, a special use permit runs with the land and that this type of condition should not have been attached to a commercial use. Mayor Nyquist stated that he feels we could be setting a precedent if we amend the original conditions of approval. Mayor Nyquist asked if the City would be making a distinction between home occupation permits and special use permits for commercial areas. The Director of Planning & Inspection stated the sale of commercial property cannot be hindered by this condition. Councilmember Lhotka asked why this condition was originally placed on the special use permit. The Director of Planning & Inspection stated that this was a basic condition that was placed on all special use permits. Councilmember Hawes asked what would be required if the building was turned into an office complex. The Director of Planning & Inspection stated that the applicant would have to apply to change the special use permit. Councilmember Lhotka asked if this change would weaken the ordinance. The Director of Planning & Inspection responded negatively and added that it only recognizes the fact that the City placed a condition on the special use permit that could not be legally enforced. Councilmember Lhotka stated that he does not understand how the City can place this condition on residential uses but not on commercial uses. The City Manager stated that perhaps this could be placed on a future agenda as a discussion item to obtain the City Attorney's opinion. Councilmember Lhotka asked if this item must be approved this evening. The Director of Planning & Inspection stated that without this resolution the transfer of title will be delayed. However, he stated he was not sure what the time line was for the transfer of title. RESOLUTION NO. 86 -140 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING CONDITIONS OF APPROVAL FOR PLANNING APPLICATION NO. 80005 REGARDING THE THRIFTY SCOT MOTEL The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed with Councilmember Lhotka opposed. Councilmember Scott stated that she would like to see a future agenda item regarding this issue. The City Manager stated that staff could be prepared to discuss it at the second meeting in October. The City Manager presented a Resolution Authorizing the Mayor and City Manager to Enter into a Convention and Visitors Bureau Agreement. He briefly reviewed the memorandum which had been prepared for this item an noted that staff 9 -8 -86 -3- recommended approval of the agreement. RESOLUTION NO. 86 -141 Member Gene Lhotka introduced the following resolution and moved its adoption adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A CONVENTION AND VISITORS BUREAU AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Making Appointment to the North Metro Convention and Tourism Bureau. Councilmember Scott asked how often the group planned on meeting. The City Manager g y g r stated that he believed the group would meet every two weeks. Councilmember Scott asked if an alternate could be appointed. The City Manager stated that there had been no provisions made regarding an alternate in this agreement and added that the Council may want this provision put into any future agreements. Councilmember Hawes stated that he would be available to attend these meetings. RESOLUTION NO. 86 -142 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING NOMINEE TO THE NORTH METRO CONVENTION AND TOURISM BUREAU The motion for._.the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Mary Ellen Rabine. RESOLUTION NO. 86 -143 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MARY ELLEN RABINE The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager introduced a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Richard Rabine. RESOLUTION NO. 86 -144 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RICHARD RABINE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. 9 -8 -86 -4- REVIEW OF COMPREHENSIVE GUIDE PLAN REGARDING PARK LAND ALONG MISSISSIPPI RIVER SOUTH OF 694 (NORTH MISSISSIPPI REGIONAL PARK) The City Manager stated that the Council's rejection of the regional park plan is in conflict with the Comprehensive Guide Plan set up for the City. The Comprehensive Guide Plan states that there should be a park in this area. He stated that he is suggesting that the Council appoint an ad hoc committee to review the Comprehensive Guide Plan regarding park land in this area and to report back to the Council with their findings. Mayor y N uist stated that he did not Yq feel the regional g park plan and the people who proposed it were being very honest with the City. He stated he felt that they only wanted to clean up the Mississippi park area and that the regional park plan was an effective way to do it. Councilmember Theis stated that he feels that the City should still go ahead with the park in this area but that he did not want the area included in a regional park plan. He added that he did not think the Comprehensive Guide. Plan should be changed. Councilmember Lhotka stated that he is not sure if Brooklyn Center needs a regional or local park in that area and that he agreed with the Mayor's statement. He stated that there was not enough money available to finish this project and that he did not want to see the property left vacant and not on the tax rolls. He added that he would like to see the State, Metro Council and Minneapolis get their act together and then come back before the Council. Councilmember Hawes stated that he was somewhat in favor of a park along the river because in so many areas there are uses that do not belong on the river. He added that he felt the.committee that discussed the regional park plan did a very poor job. Councilmember Scott stated that she felt the group had been very argumentative and against Brooklyn Center. She noted that the majority of the land that was needed for the regional park was within Brooklyn Center but that Brooklyn Center only had two members on the committee. She added that she felt an ad hoc committee was a very good idea and that if a park was going to be put in the area she would rather see State money spent on the project instead of local money. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to appoint an ad hoc, committee to review the Comprehensive Guide Plan and report back to the City Council by the end of December. The motion passed unanimously. Councilmember Scott stated that she would like to have members of the Park Recreation Commission and Planning Commission on this ad hoc committee, and asked about the size of the group. The City Manager stated that normally five to seven members is a good size for such a committee. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 86031 SUBMITTED BY CODECO INC REQUESTING AN APPEAL FROM A DETERMINATION BY STAFF THAT A DROP -IN CHILD CARE SERVICE IS NOT PERMITTED IN THE WESTBROOK MALL SHOPPING CENTER UNDER THE PROVISIONS OF SECTION 35- 322.30 The City Manager noted this item was recommended for denial by the Planning Commission at its August 28, 1986 meeting. He further explained that the 9 -8 -86 -5- Planning Commission also recommended an amendment to Chapter 35 to allow this type of use in C1 and C2 zones. The Director of Planning & Inspection referred the Council to pages one through three of the August 28, 1986 Planning Commission minutes and the informational sheet on Application No. 86031 attached with those minutes. He proceeded to review the application and noted that one of the concerns of the Planning Commission was that the license be distinguishable from normal day care licenses approved by the State. He went on to explain that the Department of Public Welfare does issue a conditional license to this type of day care facility and the City could request to review the license each year at renewal time. He stated that the Planning Commission did recommend denial of the application to uphold the interpretation of the zoning ordinance, but also recommended an ordinance amendment to permit this type of use. He noted that there was no public hearing scheduled for this application but that the applicant was an resent to answer questions estions the Council may have. Y q Councilmember Hawes stated that he had a number of questions regarding this operation and went on to briefly review a few of them. He noted that in the information prepared for this application, it was stated that there would be no food served in the facility, however, children would be allowed to bring a bag lunch. He inquired if there would be refrigerators on the premises for storage of these lunches and if someone would be present to help the children with the meals. He also asked how the business would control parents not leaving their children there for more than five hours and how the number of children per day would also be controlled. The Director of Planning & Inspection stated that the zoning ordinance would not regulate these items but that the State licensing procedure would. Councilmember Hawes stated that he was also concerned that if a child did not get the care that a parent expected, the parent may come back against the City regarding their complaint and not the State. Mayor Nyquist recognized Mr. Gary Code who stated his company was a franchise of Kids Time Out. He stated that his business would be licensed and regulated very strictly by the State. He noted that there would be refrigerators on the premises for any type of bag lunches or snacks that parents would -bring for their children and that parents could leave special instructions for eating. He stated that there is ratio of one teacher or adult to every ten children and that there would always be supervision for those children that would be eating or snacking on the premises. He stated that his business would have the right to refuse a child if the five hour limit had been abused in the past. Mr. Harvey Johnson from Kids Time Out stated that there is staff always on call if the need arises for more personnel at the business. Councilmember Lhotka asked what the average number of children would be per hour at the facility. Mr. Johnson stated that the Burnsville facility normally has between 20 and 25 children per hour. He stated that he believed that once the business was built up in Brooklyn Center there would be. an average of 30 children per hour at this facility. Councilmember Scott asked if they were limited to a number of children per square foot as in regular day care licensing. Mr. Johnson responded affirmatively and stated that if - the maximum number of children were registered at one hour the staff would be instructed to refuse more children until someone left. Councilmember Theis asked how the cost per hour at Kids Time Out relates to other day care facilities. Mr. Johnson stated that he was 9 -8 -86 -6- not sure of the cost for full -time day care centers. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to deny Planning Commission Application No. 86031 submitted by Codeco, Inc. The motion passed with Councilmember Theis opposed. Councilmember Theis stated that he would like to clarify his vote by changing it to be in favor of the motion. The motion passed unanimously. Councilmember Lhotka asked if the staff had any studies which indicate a need for this type of day care in the area. The Director of Planning & Inspection stated that City staff did not have any statistics on hand, but he was sure that Mr. Johnson or Mr. Code would have some type of statistics on this need. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification -of Drop -In Child Care Centers. The motion passed with Councilmember Hawes opposed. The public hearing was set for October 13, 1986 at 7:30 p.m. PLANNING COMMISSION APPLICATION NO. 86032 SUBMITTED BY SPIRITUAL LIFE MINISTRIES. INC REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A RELIGIOUS TRAINING CENTER IN THE INDUSTRIAL BUILDING AT 1800 FREEWAY BOULEVARD The City Manager noted this item was recommended for approval by the Planning Commission at its August 28, 1986 meeting. The Director of Planning & Inspection referred the Council to pages three through five of the August 28, 1986 Planning Commission minutes and the informational sheet on Application No. 86032 attached with those minutes. He proceeded to review the application and noted that both religious and educational uses are comprehended in the I -1 zoning district in Section 35 -330, Subsection 3f of the zoning ordinance. He noted that the facility would mostly be used in the evenings, and that these evening hours would compliment the day time hours from the other uses in the area. He briefly reviewed sewed the six conditions which the Planning Commission recommended for approval and stated that a public hearing had been scheduled for the meeting this evening. Councilmember Lhotka asked if these buildings were fire sprinklered. The Director of Planning & Inspection responded affirmatively. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86032 submitted by Spiritual Life Ministries, Inc. Mayor Nyquist recognized Mr. Butch Ellingson of Spiritual Life Ministries, Inc. who stated he would try to answer any questions the Council may have. Councilmember Hawes stated that in the information provided for this application it states that the organization provides assistance to local ministries in the form of medical and educational supplies. He asked if there would be any storage of supplies within the building. Mr. Ellingson stated that these supplies are sent to foreign countries and not stored on the premises. Councilmember Lhotka asked what type of training would take place at the facility. Mr. Ellingson stated that there would be biblical training of preachers and lay people. 9 -8 -86 -7- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 86032 submitted by Spiritual Life Ministries, Inc. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 86032 submitted by Spiritual Life Ministries, Inc. requesting special use permit approval to operate a religious training center in the industrial building at 1800 Freeway Boulevard, subject to the following conditions: 1. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The special use permit is issued to the applicant as operator of the religious training center and is nontransferable. (This condition does not prevent a change of ownership or management of Spiritual Life Ministries, Inc., but applies to any operation wishing to use the space which is not a continuation of the operation proposed under this application). 4. The owner. of the property shall agree in writing to provide the striping and delineating of up to 71 parking stalls at the northwest corner of the site upon a determination by the City that parking demand on the site exceeds the available number of parking spaces. Said written agreement shall become a part of the lease agreement between the owner and the "Spiritual Life Ministries tenant. The plan for striping and delineating parking stalls shall be subject to review and approval by the Zoning Official. 5. Special use permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. 6. The special use permit shall be reviewed by the Planning Commission and the City Council three years from the date of the original approval. Councilmember Lhotka asked if the Council were approving a training center or a church. The Director of Planning & Inspection stated that staff considers this use more of a training type than a church; although, some religious activity will take place. The City Attorney stated that he had no reason to believe it would not be a permitted use under the ordinance. Councilmember Lhotka stated that he would like to add an amendment to the motion so that it would read "there was a motion by Councilmember Scott and seconded by 9 -8 -86 _8_ Councilmember Hawes to approve Planning Commission Application No. 86032 submitted by Spiritual Life Ministries, Inc. requesting special use permit approval to operate a religious training center in the industrial building at 1800 Freeway Boulevard, subject to the six conditions of the Planning Commission and approval by the City Attorney : ". Councilmember Scott and Councilmember Hawes agreed to the amendment which Councilmember Lhotka recommended. Upon vote being taken on the foregoing motion, the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8 :30 p.m. and reconvened at 8:45 p.m. PLANNING COMMISSION ITEMS (CONTINUED) PLANNING COMMISSION APPLICATION NO. 86033 SUBMITTED BY LOMBARD PROPERTIES REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A PLAZA AND PAVILION IN THE CENTRAL PARKING LOT OF THE SHINGLE CREEK BUSINESS CENTER NORTH OF FREEWAY BOULEVARD AND WEST OF SHINGLE CREEK PARKWAY and PLANNING COMMISSION APPLICATION NO. 86034 SUBMITTED BY LOMBARD PROPERTIES REQUESTING AMENDED SPECIAL USE PERMIT APPROVAL TO PROVIDE A NEW ALLOCATION OF OFF -SITE ACCESSORY PARKING FOR THE RAMADA HOTEL SHINGLE CREEK II RCM PLAZA AND PARKWAY PLACE ON THE CENTRAL LOT AT THE ABOVE- REFERENCED SHINGLE CREEK BUSINESS CENTER The City Manager stated that the Planning Commission recommended approval of Planning Commission Application Nos. 86033 and 86034 at their August 28, 1986 meeting. The Director of Planning & Inspection referred the Council to pages five through seven of the August 28, 1986 Planning Commission minutes and the informational sheet on Application Nos. 86033 and 86034 attached with those minutes. He proceeded to review the applications and showed a transparency of the area where the plaza would be located. He noted that by adding the plaza the parking lot would be reduced by 64 stalls. - The Director of Planning & Inspection stated that in Application No. 86034 the applicant is requesting a change in the allocation of parking stalls for the Ramada Hotel, Shingle Creek II, RCM Plaza and Parkway Place. He noted that the Planning Commission did not comprehend the plaza ever being considered as proof of parking because of the expense of the improvement to that area. He noted that a ramp has been considered for the future. Mayor Nyquist opened the public hearing for Planning Commission Application Nos. 86033 and 86034 submitted by Lombard Properties. He inquired if there was anyone present in the audience who wished to speak at the public hearing. No one requested 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 Planning Commission Application Nos. 86033 and 86034 submitted by Lombard Properties. The motion passed unanimously. Councilmember Lhotka asked a representative of the applicant to explain the purpose of the plaza. Mr. Steve Mosborg of Lombard Properties stated that it is 9 -8 -86 -9- an extension of the master landscaping plan. He noted that it would give a visual break in the central parking lot and would be a benefit to both Lombard Properties and the City. Councilmember Lhotka asked the size of the pavilion. Mr. Mosborg stated that the pavilion would be quite small and would only be approximately 12 feet by 12 feet. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 86033 submitted by Lombard Properties requesting site and building plan approval to construct a plaza and pavilion in the central parking lot of the Shingle Creek business center north of Freeway Boulevard and west of Shingle Creek Parkway, subject to the following conditions: 1. Building, plumbing, mechanical and electrical plans for the pavilion, fountain, and pools are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. B612 curb and gutter shall be provided around all parking and driving areas. 4. Underground irrigation shall be provided in all landscaped areas to facilitate site maintenance. -- 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. An as -built utility survey of the site shall be submitted to the City Engineer prior to release of the financial guarantee for the central lot. 7. The private road known as Parkway Circle shall be designated as a fire.lane in its entirety. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Planning Commission Application No. 86034 submitted by Lombard Properties requesting amended special use permit approval to provide a new allocation of off -site accessory parking for the Ramada Hotel, Shingle Creek II, RCM Plaza and Parkway Place on the central lot at the above- reference Shingle Creek Business Center, subject to the following conditions: 1. The revised declaration establishing parking rights for the Ramada Hotel, RCM Plaza, Parkway Place, and Shingle Creek II shall be reviewed and approved by the Zoning Official and the City Attorney prior to filing at the County. 9 -8 -86 -10- 2. The performance agreement and financial guarantee for the central lot and the agreement between the City and Lombard Properties for the possible construction of a ramp within that lot shall remain in effect until all need for the ramp has been removed by approved and construction developments within the Shingle Creek Business Center. The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Earle Brown Commons Project). He noted this ordinance was first read on August 11, 1986, published in the City's official newspaper on August 21, 1986, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose' of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. The motion passed unanimously. ORDINANCE NO. 86 -09 Member Gene ,Lhotka ._introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Amending Conditions of Approval for Planning Commission Application No. 86027 Submitted by Earle Brown Commons. He stated that incorrect data had been compiled for the platting of this land and it is therefore impossible for condition No. 10 to be met before September 30, 1986. He explained that the Council would only be waiving condition No. 10 regarding the final approval of the plat by the Council and the filing at the County. RESOLUTION NO. 86 -145 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING CONDITIONS OF APPROVAL FOR PLANNING COMMISSION APPLICATION NO. 86027 SUBMITTED BY EARLE BROWN COMMONS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. Y 9 -8 -86 -11- The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Administrative Permit Fees. He explained this ordinance was first read on August 11, 1986, published in the City's official newspaper on August 21, 1986, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Administrative Permit Fees. He inquired if there was anyone present who wished to speak at the public hearing. No one requested 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 Administrative Permit Fees. The motion passed unanimously. ORDINANCE NO. 86 -10 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING ADMINISTRATIVE PERMIT FEES The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. I PUBLIC HEARINGS Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessments for Shingle Creek Parkway Street Turnlane Improvement Project No. 1986 -07. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on Proposed Assessments for Shingle Creek Parkway Street Turnlane Improvement Project No. 1986 -07. The motion passed unanimously. RESOLUTION NO. 86 -146 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. 1986 -07 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for 1986 Diseased Shade Tree Removal Costs. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on Proposed Assessment for 1986 Diseased Shade Tree Removal Costs. The motion passed unanimously. 9 -8 -86 -12- RESOLUTION NO. 86 -147 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for Public Utility Hookups. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on Proposed Assessment for Public Utility Hookups. The motion passed unanimously. RESOLUTION NO. 86 -148 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING ASSESSMENTS FOR PUBLIC UTILITY HOOKUPS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. Mayor Nyquist opened the meeting for the- purpose of a public hearing on Proposed Assessment for Delinquent Public Utility ccounts. He inquired y q if there was anyone present who wished to speak at the public hearing. No one requested 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 Proposed Assessment for Delinquent Public Utility Accounts. The motion passed unanimously. - RESOLUTION NO. 86 -149 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for Delinquent Weed Destruction Accounts. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Proposed Assessment for Delinquent Weed Destruction Accounts. The motion passed unanimously. 9 -8 -86 -13- RESOLUTION NO. 86 -150 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT WEED DESTRUCTION 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. RECESS The Brooklyn Center City Council recessed at 9:16 p.m. and reconvened at 9:27 P -m• PROCEDURE FOR DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES The Director of Public Works briefly reviewed the memorandum and procedure prepared for this item. Councilmember Lhotka asked what the next step was after a second notice was sent to the owner. The Director of Public Works stated the next step would be to take the item to the City Council where a resolution would be approved setting five days in which to comply. He noted the actual time from the first notice through the City Council setting a five day limit is approximately 35 days or more. Councilmember Theis asked if the owner cooperates with our notices, is the usual time span between the first notice and the tree coming down approximately six days. The Director of Public Works stated that it is usually a minimum of two weeks before a tree would be taken down. Councilmember Theis stated that he would like to see the time period cut down so that these trees are not allowed to remain standing and infect other trees in the area. The Director of Public Works stated that he felt the time period could be shortened in the future but that he would not be comfortable with that procedure for this year. Councilmember Theis agreed that it may be too late to begin such a procedure at this time of the year. He added that he would like to see the communities north of us pressured to take down their diseased elm trees sooner. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to accept the procedure set forth by the Director of Public Works for the year 1986 and instruct the staff to investigate different procedures which would be quicker in the future. The motion passed unanimously. RESOLUTION NO. 86 -151 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST86 -1) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. PROCLAMATION Member Gene Lhotka introduced the following proclamation and moved its adoption: 9 -8 -86 -14- PROCLAMATION SUPPORTING UNITED WAY'S SALUTE TO SMALL BUSINESS The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. PUBLIC HEARING ON ANNUAL CITY BUDGET The City Manager stated that this evening an overview of the annual City budget will be presented to the City Council, and the public hearing may be continued to September 15, 1986. He noted that staff is anticipating a loss of federal revenue sharing funds, but added that if federal revenue sharing is reinstated staff would come back to the Council for a public hearing at that time. The Finance Director began the overview by reviewing aspects of the proposed budget and then proceeded to discuss revenues and other funding sources. He stated at the September 15, 1986 special City Council meeting, individual departmental budgets would be reviewed. The City Manager stated that he and the Director of Finance had cut $300,000 from the department requests and transferred that to the capital improvements fund. He noted that they had also made a number of other cuts which could be reviewed at the next meeting. Councilmember Theis asked if a brief summary of the other cuts could be prepared for the Council's information. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on the annual City budget to September 15, 1986. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:13 p.m. City Clerk Mayor 9 -8 -86 -15-