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HomeMy WebLinkAbout1986 10-13 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 OCTOBER 13, 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 7:05 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, City Attorney John Dean, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Lhotka. OPEN FORUM Mayor Nyquist stated the Council had not received any requests to use the Open Forum session this evening. He noted that there were members of Weiblos Pack 403 present to observe the Council meeting for their citizenship badges. He inquired if there was anyone else 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 requested any items removed from the Consent Agenda. Councilmember Hawes requested item 9a be removed and Councilmember Lhotka requested item 9b be removed from the Consent Agenda. APPROVAL OF MINUTES - SEPTEMBER 22 1986 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the City Council meeting of September 22, 1986 as submitted. The motion passed unanimously. APPOINTMENT OF ELECTION JUDGES FOR THE NOVEMBER 4 1986 GENERAL ELECTION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the appointment of election judges for the November 4, 1986 general election. The motion passed unanimously. RESOLUTION NO. 86 -164 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -E (WATER TOWER NO. 3 RECONDITIONING, IMPROVEMENT PROJECT NO. 1985 -28) 10 -13 -86 -1- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 86 -165 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -G (STREET IMPROVEMENTS ON SHINGLE CREEK PARKWAY BETWEEN I -94 AND CSAH 10, IMPROVEMENT PROJECT NO. 1985- 27 AND 1986 -07) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 86 -166 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1985 -M (INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS ON SHINGLE CREEK PARKWAY AT JOHN MARTIN DRIVE AND AT SUMMIT DRIVE, IMPROVEMENT PROJECT NO. 1985 -20) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 86 -167 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE A GRANT AGREEMENT WITH THE METROPOLITAN COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 86 -168 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) AIR COMPRESSOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 86 -169 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF SIX (6) AIR MASKS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: 10 -13 -86 -2- COMMERCIAL KENNEL LICENSE Northbrook Animal Hospital 413 66th Ave. N. Pet Centers, Inc. Brookdale Center ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Lioness 6700 France Ave. N. Lutheran Church of the Triune God 5827 Humboldt Ave. N. MECHANICAL SYSTEMS LICENSE Bergman Heating & Air Cond. 9072 Taylor St. NE Master Mechanical, Inc. 9864 James Circle Midwestern Mechanical Corp. 9103 Davenport St. NE New Mech Companies, Inc. 1633 Eustis St. Rouse Mechanical, Inc. 11348 K -Tel Drive Snelling Mechanical 1402 Concordia Ave. The motion passed unanimously. APPROVAL OF MINUTES - SEPTEMBER 15 1986 - SPECIAL SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of September 15, 1986 as submitted. The motion passed. Councilmember Scott abstained from the vote as she was not present at the September 15, 1986 meeting. MAYORAL APPOINTMENT - HUMAN RIGHTS COMMISSION There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to appoint Agatha Eckman to the Human Rights Commission. The motion passed unanimously. MAYORAL APPOINTMENT - U.S. CONSTITUTION ANNIVERSARY COMMITTEE Mayor Nyquist introduced Bill Lakotas who has been appointed as chairman of the U.S. Constitution Anniversary Committee. Mr. Lakotas briefly reviewed the primary goals of the committee and the different activities planned for the celebration. He stated that he would like the Council to appoint three members this evening, those being Barb Sexton, Kermit Klafsaas, and Jerry Pedlar. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to appoint Barb Sexton, Kermit Klafsaas, and Jerry Pedlar to the U.S. Constitution Anniversary Committee. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting an Amendment to the Engineer's Report, Accepting Bid and Approving Contract for Improvement Project No. 1986- 20, Contract 1986 -P (Utility System Improvements as Required to Serve the Earle Brown Commons). Councilmember Hawes stated that he had pulled this item from the Consent Agenda because he was unsure of which amount was to be approved by the resolution. The Director of Public Works stated that the project cost is $68,282.85. Councilmember Theis inquired how this discrepancy occurred. The Director of Public Works stated that these specs were put together based on original information that the City had on file, and that after a survey had been completed, discrepancies were found in the original information. He added that 10 -13 -86 _3_ the error did not incur any costs for the City. Councilmember Theis asked if these discrepancies were indications of the quality of work that was being done by consulting and professional firms. The Director of Public Works stated that it was a simple error and that sometimes errors do occur. RESOLUTION NO. 86 -170 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING AN AMENDMENT TO THE ENGINEER'S REPORT, ACCEPTING BID AND APPROVING CONTRACT FOR IMPROVEMENT PROJECT NO. 1986 -20, CONTRACT 1986 -P (UTILITY SYSTEM IMPROVEMENTS AS REQUIRED TO SERVE THE EARLE BROWN COMMONS) 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 Work Performed under Contract 1985 -F ( Lyndale Avenue Water Main Improvement Project No. 1985 -04 and Lyndale Avenue Street Improvement Project No. 1985 -05). Councilmember Lhotka inquired if everything has been completed and meets the staff's satisfaction. The Director of Public Works stated that the work has been completed to the minimum specifications. Councilmember Lhotka inquired if the additional work which was completed for the parking area at 5608 Lyndale Avenue had been brought to the Council. The Director of Public Works stated that the problem itself was discussed by the Council but the actual work was not approved. Councilmember Lhotka stated that in the future he would like the Council to be made aware of extra work that is to be done to complete projects. RESOLUTION NO. 86 -171 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1985 -F ( LYNDALE AVENUE WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 AND LYNDALE AVENUE STREET IMPROVEMENT PROJECT NO. 1985 -05) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Dale Bloomstrand. RESOLUTION NO. 86 -172 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DALE BLOOMSTRAND 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 Appropriating Funds for Community Center Improvements in the Capital Projects Fund. Councilmember Hawes inquired if the $10,000 for the recarpeting at the community center was for the entire social 10 -13 -86 -4- hall or for the area which would be filled in. The City Manager stated that the recarpeting was for the entire social hall itself but not the lobby. Councilmember Hawes inquired why staff felt it was necessary to fill in the step area in the social hall. The City Manager stated that people have a tendency to fall or trip on the stairs and that staff would like to lower the City's liability for accidents in this area. RESOLUTION NO 86 -173 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO APPROPRIATE FUNDS FOR COMMUNITY CENTER IMPROVEMENTS IN THE CAPITAL PROJECTS FUND 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 Amending the 1986 and 1987 General Fund Budget. He noted this item would provide for the purchase of a booking amera and a g accessories which had been originally approved in the 1987 budget. Councilmember Lhotka inquired what the actual cost would be to have the City of Minneapolis develop the prints and the cost of the improvement suggested by OSHA. The City Manager stated that it would cost approximately $900 per year to have Minneapolis develop the prints, and that the suggested improvements from OSHA would cost between $2,000 and $4,000. RESOLUTION NO. 86 -174 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1986 AND'THE 1987 GENERAL FUND BUDGETS 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 Declaring a Public Nuisance and Ordering Removal of Diseased Shade Trees. Councilmember Scott asked if there were any other properties that this procedure had been used on. The Director of Public Works stated that this is the second time a resolution of this type has come before the Council, and that on the first resolution there were five or six trees that were taken care of. He briefly reviewed the procedure that staff is presently using for removal of diseased shade trees. Councilmember Theis asked if staff has explored a quicker method of removal. The Director of Public Works stated that staff will be looking into a quicker method for next year. RESOLUTION NO. 86 -175 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST86 -2) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. 10 -13 -86 -5- PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 86029 SUBMITTED BY DAVID OTTO REQUESTING A VARIANCE FROM SECTION 35 -704 OF THE CITY ORDINANCES TO ALLOW FULL RETAIL USE OF THE BUILDING AT 5810 XERXES AVENUE NORTH WHILE PROVIDING FEWER PARKING STALLS THAN REQUIRED BY ORDINANCE The City Manager noted this item was recommended for approval by the Planning Commission at its July 31, 1986 meeting and tabled by the City Council at its August 11, 1986 meeting. The Director of Planning & Inspection reviewed the Planning Commission application and noted that there had never been a parking problem due to overutilization in this area. He briefly reviewed the proposed zoning ordinance amendment for the parking requirements and the staff recommendations and alternatives. He then went on to review the original Planning Commission recommendation which was made at the July 31, 1986 Planning Commission meeting. He stated that the current parking formula has a greater impact on smaller developments. He stated that the formula could be revised so that a reasonable formula could be established to meet all size developments. He stated that the variance must be acted on this evening. Councilmember Hawes inquired if the proposed formula would affect Brookdale. The Director of Planning & Inspection stated that Brookdale would not be affected by the new formula. There was a brief discussion as to how the current parking formula was established. The City Attorney left the table at 7:50 p.m. Councilmember Theis inquired if staff was anticipating problems at the Target development during the Christmas season. The City Attorney returned to the table at 7:51 p.m. The Director of Planning & Inspection stated that staff is encouraging Target to have their employees park in the rear of the building to free up the parking stalls that were placed at the north end of the Target center. He added that Target is a unique development and that their need may be greater than the current ordinance requirements. Councilmember Theis stated that this ordinance would solve the St. Paul Book & Stationary parking problem, but it could create more problems some where else in the City and he does not agree with it. There was some discussion regarding the parking requirements in other communities that have Target stores, and it was noted that these figures were in the files in the Planning Department. Councilmember Theis asked if there had been any provisions added for green areas and landscaping in the proposed ordinance. The Director of Planning & Inspection stated that the proposed ordinance does not establish any larger greenstrip areas. Councilmember Theis stated that it appears staff is recommending a denser use of property versus a larger greenstrip which he prefers for aesthetic reasons. The Director of Planning & Inspection stated that the current parking formula has not improved the aesthetic points in some areas, such as the K -Mart parking lot. Councilmember Scott stated that she feels it is reasonable to decrease the parking formula for smaller developments but to keep the same formula for developments over 100,000 sq. feet. 10 -13 -86 -6- Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86029 submitted by David Otto. Mayor Nyquist inquired if there was anyone present in the audience 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 Planning Commission Application No. 86029 submitted by David Otto. The motion passed unanimously. There was a motion by Councilmember Theis to approve Planning Commission Application No. 86029 submitted by David Otto requesting a variance from Section 35 -704 of the City Ordinances to allow full retail use of the building at 5810 Xerxes Avenue North while providing fewer parking stalls than required by ordinance. Councilmember Lhotka seconded this motion for purposes of discussion. Councilmember Lhotka inquired if Councilmember Theis was in favor of this variance because of the adverse affects the ordinance amendment may have on the City. Councilmember Theis stated that he has many concerns regarding the proposed ordinance amendment, and that he is in favor of the variance because the Council is under the gun to make a decision. Councilmember Lhotka stated he still did not understand why Councilmember Theis was for the variance. Councilmember Theis stated that the variance could be approved at this time and if the ordinance amendment were approved in the future, Mr. Otto's variance would become nonexistent. Mayor Nyquist inquired if the Council would be setting a precedent for other properties by approving a variance for Mr. Otto. The Director of Planning & Inspection stated that he feels Mr. Otto's property is very unique, and that there is probably no other property within the City that would fit this description. He added that he feels the proposed ordinance amendment would not create any future problems. Upon vote being taken on the foregoing motion, the following voted in favor thereof: Councilmembers Theis and Lhotka; and the following voted against the same: Mayor Nyquist and Councilmembers Scott and Hawes. The variance was denied. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for first reading the ordinance amendment prepared for this evening, and to make all buildings or centers over 100,000 sq. ft. over gross floor area a special use in any zone where they are permitted. Voting in favor thereof: Mayor Nyquist, Councilmembers Scott and Hawes. Voting against: Councilmembers Lhotka and Theis. The motion failed. Councilmember Lhotka stated that he would like to have the staff continue studying the ordinance amendment. The Director of Planning & Inspection inquired what exactly the Council was looking for in an ordinance amendment. The City Manager inquired if staff were to develop a formula that would cover only smaller developments and leave the larger developments at current 10 -13 -86 -7- standards, if it would be acceptable to the Council. Councilmember Theis stated the ordinance amendment would have to address some additional greenstrip or landscaping areas. The Director of Planning & Inspection stated that this ordinance does not actually address the greenstrip and landscaping issue. He noted that if you were to change the greenstrip and landscaping requirements there would be a number of nonconforming uses within the City. The City Manager noted that if a development were to add more building space they would also be required to add more parking stalls. There was a motion by Mayor Nyquist and seconded by Councilmember Theis to reconsider the vote on the variance for David Otto. The motion passed with Councilmembers Scott and Hawes voting against. Mayor Nyquist called for a vote on Planning Commission Application No. 86029 submitted by David Otto requesting a variance from Section 35 -704. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: Councilmembers Scott and Hawes. The motion passed. RECESS The Brooklyn Center City Council recessed at 8:37 p.m. and reconvened at 8 :54 p.m. PLANNING COMMISSION APPLICATION NO. 86037 SUBMITTED BY THE CITY OF BROOKLYN CENTER HRA REQUESTING PRELIMINARY PLAT APPROVAL TO RESUBDIVIDE INTO A LOT AND OUTLOT THE LAND SOUTH OF THE EARLE BROWN (BROOKLYN) FARM TO BE DEVELOPED AS THE EARLE BROWN COMMMONS RESIDENTIAL COMPLEX The City Manager noted this item was recommended for approval by the Planning Commission at its September 25, 1986 meeting. The Director of Planning & Inspection referred the Council - to pages one and two of the September 25, 1986 Planning Commission minutes and the informational sheet attached with those minutes. He proceeded to review the application and briefly discussed the four conditions which the Planning Commission attached to this application. The Director of Public Works stated that the registered land survey which was done for this property is an intermediate step. Councilmember Lhotka inquired if all four conditions recommended by the Planning Commission have been met. The Director of Public Works responded affirmatively. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86037 submitted by the City of Brooklyn Center HRA requesting preliminary plat approval to resubdivide into a lot and outlot the land south of the Earle Brown (Brooklyn) Farm to be developed as the Earle Brown Commons residential complex. Ma Y P p Mayor Nyquist inquired if there was anyone resent 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 Hawes and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 86037 submitted by the City of Brooklyn Center HRA. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 86037 submitted by the City of Brooklyn Center HRA requesting preliminary plat approval to resubdivide into a 10 -13 -86 -8- lot and outlot the land south of the Earle Brown (Brooklyn) Farm to be developed as the Earle Brown Commons residential complex, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The developer shall execute an easement for storm sewer and the detention pond and said easement shall be indicated on the final plat prior to final plat approval. 4. The developer shall execute an easement for sanitary sewer and water and said easement shall be indicated on the final plat prior to final plat approval. The motion passed unanimously. FINAL PLAT APPROVAL - EARLE BROWN COMMONS R.L.S. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the final plat for Earle Brown Commmons R.L.S. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 86038 SUBMITTED BY GABBERT AND BECK REQUESTING SITE PLAN APPROVAL TO CONSTRUCT A NEW ACCESS ONTO BROOKLYN BOULEVARD, INSTALL A MERGE LANE AND PARKING LOT MODIFICATIONS AT THE WESTBROOK MALL AT 5717 XERXES AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its September 25, 1986 meeting. The Director of Planning & Inspection referred the Council to pages two through five of the September 25, 1986 Planning Commission minutes and the informational sheet attached with those minutes. He proceeded to review the application and noted that the number of parking stalls would not be affected by this change. He added that the owners feel there is a need for a better access off of Brooklyn Boulevard into Westbrook Mall. He briefly reviewed the eight conditions which the Planning Commission recommended and added that one of the Planning Commissioners was opposed to this change. Councilmember Scott asked how the traffic which would be moving in and out of the lot would be handled. The Director of Planning & Inspection stated that stop signs would be installed in the parking lot, and that the incoming traffic off of Brooklyn Boulevard would have the right -of -way. The Director of Planning & Inspection stated that there was not a public hearing scheduled this evening, but that the applicant was present to answer any questions the Council may have. Councilmember Hawes asked the applicant if he would be willing to berm the new area. Mr. Warren Beck, the applicant, stated that berming could be installed consistent with other areas of the parking lot. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Planning Commission Application No. 86038 submitted by Gabbert and Beck requesting site plan approval to construct a new access onto Brooklyn Boulevard, install a merge lane and parking lot modifications at the Westbrook 10 -13 -86 _9_ I Mall at 5717 Xerxes Avenue North, subject to the following conditions: 1. The applicant shall execute a performance agreement with a supporting financial guarantee (in an amount to be determined by the City Manager) to assure completion of improvements, both in the parking lot and in the public right -of -way, prior to the issuance of the driveway permit by the County. 2. The applicant shall execute an easement for sidewalk purposes within a portion of the greenstrip adjacent to Brooklyn Boulevard prior to issuance of the driveway permit by the County. 3. The applicant shall submit a written acknowledgement from First Brookdale Bank agreeing to the proposed driveway relocation prior to issuance of the driveway permit. 4. The applicant and First Brookdale Bank shall execute a cross access agreement for use of the access drive prior to issuance of the driveway permit. 5. Plan approval acknowledges a driveway opening of 32' on the basis of the recommendation of the Director of Public Works. 6. Plan approval acknowledges a proof -of- parking plan for 562 spaces on the site (submitted by BRW and dated 9- 11 -86) as fulfillment of ordinance parking requirements. 7. Traffic control signs shall be installed on the site adjacent to the proposed access in accordance with recommendations of the Director of Public Works and such signery shall be indicated on the approved site plan. 8. The plan shall be revised to indicate site lines at the access onto Brooklyn Boulevard in accordance with Section 35 -560 of the zoning ordinance prior to consideration by the City Council. The motion passed unanimously. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 23 Regarding Liquor License Fees. He stated this item would delete all references to liquor license fees from Chapter 23. He noted this item is offered this evening for a first reading. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapter 23 Regarding Liquor g P g q g License Fees. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds. He noted this item was first read on August 25, 1986, 10 -13 -86 -10- published in the City's official newspaper on September 4, 1986, and the public hearing was opened at the September 22, 1986 City Council meeting at which time it was continued to this evening. Mayor Nyquist inquired if there was anyone present in the audience who wished to address the Council. 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 An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds. The motion passed unanimously. ORDINANCE N0, 86 -12 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 REGARDING THE CONTROL OF NOXIOUS WEEDS The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds Pertaining to Natural Preserves. He stated this item would state exceptions for p natural preserves designated by the City. He added this item was first read on September 22, 1986, published in the City's official newspaper on October 2, 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 19 Regarding the Control of Noxious Weeds Pertaining to Natural Preserves. 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 Theis to close the public hearing on An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds Pertaining to Natural Preserves. ORDINANCE NO. 86 -13 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 REGARDING THE CONTROL OF NOXIOUS WEEDS PERTAINING TO NATURAL PRESERVES The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Drop -In Child Care Centers. He noted this item was first read on September 8, 1986, published in the City's official newspaper on September 18, 1986, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An 10 -13 -86 -11- Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Drop -In Child Care Centers. 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 Hawes and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Drop -In Child Centers. ORDINANCE N0. 86 -14 Member Rich Theis introduced the following ordinance and moved its adoption AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF DROP -IN CHILD CARE CENTERS The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and the motion passed unanimously. DISCUSSION ITEMS FLAG POLE FOR ALL - AMERICA CITY FLAG The City Manager briefly reviewed the memorandum prepared for this item and noted that the 75th Anniversary Committee is requesting the City Council to approve funding for a flag pole for the All- America City flag. Councilmember Hawes asked how long the City can fly the All- America City flag. The City Manager stated that as long as there is a year on the flag the City can fly it. Councilmember Lhotka inquired why the All- America City flag could not fly on the same pole as the U.S. flag. The City Manager stated that it could be flown on the same pole. - There was a motion by Councilmember Scott and seconded by Councilmember Hawes to- approve funding for the flag pole to fly the All- America City flag on and to limit that funding to $1,400. The motion passed with Councilmember Lhotka opposed. AMOCO PIPE LINE The City Manager briefly reviewed the materials prepared for this next agenda item. He stated that he could not make any comments on the Williams Pipe Line but added that he is aware of the fact that Amoco uses a different type of pipe and a protective coating which the Williams pipe line did not use. He added that the Amoco pipe line has one of the best operating records. Councilmember Lhotka asked if the pressure in the Amoco pipe line was less than that in the Williams pipe line in Mounds View. The City Manager stated that the pressure is less because Brooklyn Center is near the end of the line. Councilmember Lhotka inquired if there had been any response, questions, or concerns from residents in Brooklyn Center after the Mounds View accident. The City Manager stated that there had been three or four calls on it. He noted that Amoco would like to send the brochure to all residents along the pipe line if the City would provide a list. RECOMMENDATION FROM PLANNING COMMISSION REGARDING 59TH AVENUE NORTH BETWEEN BROOKLYN BOULEVARD AND XERXES AVENUE NORTH 10 -13 -86 -12- The City Manager briefly reviewed the past discussions and concerns regarding closure of 59th Avenue between Brooklyn Boulevard and Xerxes Avenue North. He stated that the Planning Commission has recommended that 59th Avenue be left open between Brooklyn Boulevard and Xerxes Avenue North. Councilmember Theis asked how the residents felt about this issue. The City Manager stated that the majority of the residents wanted 59th Avenue closed off. He added that if the City were to close 59th Avenue the traffic would most likely use 60th or 61st Avenues to cut across to Xerxes Avenue. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to concur with the recommendation from the Planning Commission regarding 59th Avenue North between Brooklyn Boulevard and Xerxes Avenue North. The motion passed unanimousl OTHER BUSINESS Councilmember Theis stated that he would like staff to research the possibility of controlling the types of activity which are allowed on street corners. He added that he was referring to the sales of teddy bears, tricycles, and paintings from a gas station at 63rd and Brooklyn Boulevard. The City Manager stated that staff would look into this matter. Councilmember Hawes inquired if staff could look into the matter of CEO's not catching all violations in his neighborhood. The City Manager stated he would speak to the Chief of Police about this problem. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:45 p:m. z L o 1 r- City Clerk Mayor 10 -13 -86 -13-