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HomeMy WebLinkAbout1987 01-26 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 JANUARY 26, 1987 CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro tem Rich Theis at 7:00 p.m. ROLL CALL Mayor Pro tem Rich Theis, Councilmembers Gene Lhotka, Celia Scott, and Bill Hawes. 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 Richard Schieffer, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Gene Lhotka. OPEN FORUM Mayor Pro tem Theis 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 Pro tem Theis inquired if any Councilmembers requested any items be removed from the Consent Agenda. Councilmember Hawes requested that items 7a and 7f be removed from the Consent Agenda. Councilmember Lhotka requested that items 7d and 7k be removed from the Consent Agenda. APPROVAL OF MINUTES - JANUARY 12 1987 - REGULAR SESSION 'There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the January 12, 1987 City Council meeting as submitted. The motion passed. RESOLUTIONS RESOLUTION NO. 87 -18 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION RECEIVING REPORT AND APPROVING PLANS AND SPECIFICATIONS FOR RECONDITIONING OF WATER TOWER NO. 1 (LOCATED AT 69TH AVENUE NORTH AND FRANCE AVENUE NORTH) IMPROVEMENT PROJECT NO. 1987 -02, CONTRACT 1987 -B The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and e th motion passed unanimously. RESOLUTION NO. 87 -19 Member Gene Lhotka introduced the following resolution and moved its adoption: 1 -26 -87 -1- RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) ONE TON CREW CAB The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -20 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) MIDSIZE PICKUP TRUCK The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -21 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) 11,000 GVW CAB AND CHASSIS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -22 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR TWO (2) 28,000 GVW TRUCK CAB /CHASSIS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. REQUEST TO TABLE FURTHER CONSIDERATION OF THE ADOPTION OF A TRANSITION METHOD OF CITY COUNCIL TERMS UNTIL FEBRUARY 9 1987 'There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to table further consideration of the adoption of a transition method of City Council terms until the February 9, 1987 City Council meeting. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the following list of licenses: CIGARETTE LICENSE Five Star Vending 15034 Fillmore Street NE Hiawatha Rubber. 1700 67th Avenue North Mikros Engineering 3715 50th Avenue North FOOD ESTABLISHMENT LICENSE Kid's Time Out 5611 Xerxes Avenue N. GASOLINE SERVICE STATION LICENSE Metropolitan Transit Commission 6845 Shingle Creek Pkwy. 1 -26 -87 -2- Bill West Service Station 2000 57th Avenue North ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown PTA /Judy Sodemann 6024 Camden Avenue North St. Gerards Church /Pat Hollenbeck 9600 Regent Avenue North NONPERISHABLE VENDING MACHINE LICENSE ARA Services 2830 North Fairview Northwestern Bell 5910 Shingle Creek Pkwy. Bill's Vending Service 7317 West Broadway Brooklyn Center Service - 6245 Brooklyn Boulevard Bro /Midwest Vending Company 8850 Wentworth Avenue South Holiday Inn 1501 Freeway Boulevard Pilgrim Cleaners 5748 Morgan Avenue North Cook Paint 4800 North Lilac Drive Five Star Vending 15034 Fillmore Street NE Hiawatha Rubber 1700 67th Avenue North Mikros Engineering 3715 50th Avenue North Iten Chevrolet 6701 Brooklyn Boulevard J.R. Vending, Inc. 5312 Perry Avenue North Brooklyn Law Office 5637 Brooklyn Boulevard Minnesota Vikings Food Service, Inc. 5200 West 74th Street Hiway 100 North France Health Club 4001 Lakebreeze Avenue N. Silent Knight Security Systems, Inc. 1700 Freeway Boulevard State Farm Insurance 5930 Shingle Creek Pkwy. NSI /Griswold Corporation 8300 10th Avenue North Brookdale Pontiac 6801 Brooklyn Boulevard Lynbrook Bowl 6357 North Lilac Drive Travelers North 6601 Shingle Creek Pkwy. Precision, Inc. 3415 48th Avenue North Theisen Vending Company 3804 Nicollet Avenue N. Budgetel Inn 6415 James Circle Ramada Hotel 2200 Freeway Boulevard Thrifty Scot Motel 6445 James Circle Bill West Union 76 2000 57th Avenue North Woodside Enterprises 11889 65th Avenue North City of Brooklyn Center 6301 Shingle Creek Pkwy. PERISHABLE VENDING MACHINE LICENSE Five Star Vending 15034 Fillmore Street NE Hiawatha Rubber 1700 67th Avenue North Mikros Engineering 3715 50th Avenue North Iten Chevrolet 6701 Brooklyn Boulevard Minnesota Vikings Food Service, Inc. 5200 West 74th Street Hiway 100 North France Health Club 4001 Lakebreeze Avenue N. State Farm Insurance 5930 Shingle Creek Parkway NSI /Griswold Corporation 8300 10th Avenue North Travelers North 6601 Shingle Creek Pkwy. Theisen Vending Company 3804 Nicollet Avenue North Budgetel Inn 6415 James Circle READILY PERISHABLE FOOD VEHICLE LICENSE 1 -26 -87 -3- American Bakeries Company 4215 69th Avenue North RENTAL DWELLING LICENSE Initial: Robert S. Bisanz Brookside Manor Apartments Dave Huang 6400 Girard Avenue North Stu Tufford 4207 Lakeside Ave. N. #125 Renewal: Gary and Vicki Zimmerman 6527 Brooklyn Boulevard SPECIAL FOOD HANDLING LICENSE Brooklyn Center Liquor Store #1 1500 69th Avenue North Brooklyn Center Liquor Store #2 6250 Brooklyn Boulevard Brooklyn Center Liquor Store #3 5711 Morgan Avenue North Burger Brothers 5927 John Martin Drive Ideal Drug 6800 Humboldt Avenue North M & S Drug Emporium 5900 Shingle Creek Pkwy. Norden, Inc. 1325 Brookdale Center Snyder Brothers Drug Store 1296 Brookdale Center TAXICAB LICENSE Blue & White Cab Co. 2404 Sheridan Avenue N. Town Taxi 2812 University Avenue SE Yellow Taxi Service Corporation 3555 5th Avenue South The motion passed. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving an Agency Agreement with the Minnesota Department of Transportation. He noted that this resolution would approve an agreement with MN /DOT. The agreement states if the City becomes eligible for the use of federal aid funds for local road and bridge improvements, the MN /DOT Commissioner is authorized to act as the City's agent for the purpose of procuring those funds. He noted that individual projects would still require individual approval of the City Council. Mayor Pro tem Theis inquired if this was a typical agreement with MN /DOT where MN /DOT would have complete control. The Director of Public Works stated that MN /DOT would only be acting as an agent for the City in order to obtain federal aid for the City. He noted there were no specific projects in mind at this time. Councilmember Hawes stated that he had several concerns regarding the wording in a number of areas of this agreement. A brief discussion then ensued regarding the areas of concern, and the Director of Public Works concluded by noting that the Council would have final approval on all individual projects. He stated that the State would be acting on the City's behalf, but the City would actually initiate each project. RESOLUTION NO. 87 -23 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN AGENCY AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION 1 -26 -87 -4- 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 Settling Condemnation Appeal and Special Assessments on the Soo Line Railroad Property. He noted adoption of this resolution would authorize the Mayor and City Manager to execute a negotiated agreement. This agreement would resolve the matter of compensation for right - of -way acquired in relation to the project and to the matter of special assessments for the benefits to the property. The City Attorney briefly reviewed the circumstances leading up to this agreement, and noted that the Soo Line Railroad has agreed to pay the connection charges when and if the property is developed versus a special assessment against the property. Mayor Pro tem Theis inquired if all other residential property owners were paying connection charges or special assessments. The Director of Public Works stated that the residential customers have been assessed for this project. RESOLUTION NO. 87 -24 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION SETTLING CONDEMNATION APPEAL AND SPECIAL ASSESSMENTS ON THE SOO LINE RAILROAD PROPERTY 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 Appropriating Funds for the Completion of Projects Relating to Police Department Remodeling - Phase II Project. He noted this resolution provides funding to cover the cost of incidental items which were not contemplated within the original project budget. The Director of Public Works stated that the memorandum explaining these additions appears to be missing from the agenda packet. He explained that the major portion of this appropriation would be for one scanner motor with remote controls for the hallway booking camera. He noted the estimated cost of this item is $500. He stated that the other items were miniblinds for an office window and two other items which he could not recall. RESOLUTION NO. 87 -25 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING FUNDS FOR THE COMPLETION OF PROJECTS RELATING TO POLICE DEPARTMENT REMODELING - PHASE II PROJECT 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 Providing for the Issuance and Sale of $1,200,000 General Obligation Improvement Refunding Bonds, Series 1987A. He then introduced Jerry Shannon from Springsted Inc., who is present this evening to answer any questions the Council might have. He noted there were two small changes which should be made to the resolution. He noted that the date of sale 1 -26 -87 -5- would be February 23, 1987, and that the bonds themselves would be dated April 1, 1987 instead of March 1, 1987. Councilmember Lhotka stated there was a discrepancy between the resolution and the recommendations submitted by Springsted. He noted that the resolution states there is $1,725,000 in principal outstanding and that in the recommendation it is noted there is $1,825,000 outstanding. Mr. Shannon stated that he would have this discrepancy looked into. A brief discussion then ensued regarding the refunding of the bonds, and Mayor Pro tem Theis stated that he did not understand why the refunding should be done now instead of in 1990, since the City would still be paying 9 %. Mr. Shannon stated that if the refunding was not done at this time interest would be paid on a higher amount of bonds outstanding. RESOLUTION NO. 87 -26 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,200,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1987A The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. PUBLIC HEARING The City Manager noted that a public hearing regarding Improvement Project No. 1986 -05, Acquisition of Right -of -Way for Establishment of Grimes Avenue North between Lakebreeze Avenue and the South Line of the North One Half (Nl /2) of Section 10, T118, R21 had been continued from the January 12, 1987 City Council meeting. He noted that this continuation was to allow staff time to seek an extension on the options for the property. The Director of Public Works stated that Normandale Tennis Clubs would not extend the option, and noted that if the Council did not act at this time, Normandale Tennis Clubs would be enlarging their parking lot. Mayor Pro tem Theis inquired if this project were not approved, could Joslyn legally use the land that leads out onto France Avenue as an entrance. The City Manager stated that he doubted if the City could deny Joslyn access from France Avenue. He noted that if the property was developed to the fullest it would mean approximately 2,000 to 2,500 cars per day. Councilmember Hawes inquired if the City Council did not approve this project, would Joslyn be able to demand that the City open up access from Twin Lake Avenue, Lakeview Avenue or Azelia Avenue. The City Manager stated that because of the placement of the slurry on the property for the contamination it would basically block Lakeview and Azelia Avenues. He noted that the Twin Lake Avenue area is very swampy. He added that by approving this project the City is buying a better alternative. Councilmember Scott stated it appears if the Council approved this project, Joslyn would most likely appeal the special assessment because of the lack of benefit to their property. She added that if Joslyn were to appeal and the courts ruled in Joslyn's favor, the City would be liable for payment of the project with no repayment coming from the property owner. The City Attorney noted that Councilmember Scott's statement was correct, and that if the 1 -26 -87 -6- assessment were appealed there would be a very costly court case which could run an additional $25,000 on top of the acquisition costs. Councilmember Scott inquired if the City is responsible to provide an access to the property. The City Attorney stated that if there was a need for an additional access in the future, the City could use condemnation proceedings to obtain property for an access and the owner would be responsible for repayment. Mayor Pro tern Theis opened the meeting for the purpose of a public hearing on Improvement Project No. 1986 -05. He inquired if there was anyone present in the audience who wished to address the Council. Mr. Mac Hyde, attorney representing Joslyn Corporation, came forward and stated he would be happy to answer any questions the Council might have. Councilmember Hawes inquired what the width of the access onto France Avenue is. The Director of Public Works stated that it is between 50 and 70 feet. Councilmember Hawes inquired if there were any weight restrictions on France Avenue and if this would help limit access to the property. The Director of Public Works stated there are no weight limits posted at this time, but the Council could impose a weight limit. He noted, however, that a weight limit would not affect the number of passenger cars entering the site. The City Manager noted that this was a difficult situation for both parties involved. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Improvement Project No. 1986 -05, Acquisition of Right -of -Way for Establishment of Grimes Avenue North between Lakeside Avenue and the South Line of the North One Half (N1 12) of Section 10, T118, R21. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve a Resolution Ordering Improvement Project No. 1986 -05. The Director of Public Works inquired if the assessment resolution should also be passed this evening. The City Attorney stated that if all costs for the project are known there would be no reason to wait on the assessment resolution. The Director of Public Works reminded Mayor Pro tem Theis that a roll call vote is required for this resolution. Upon vote being taken on the foregoing resolution, the following voted in favor thereof: Mayor Pro tem Theis, Councilmembers Hawes and Lhotka. The following voted against the same: Councilmember Scott. The motion failed. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 87003 SUBMITTED BY FEDERATED DEPARTMENT STORES REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A TWO-STORY, 73,189 SQ. FT. RETAIL STORE ON THE LAND PRESENTLY OCCUPIED BY THE OLD PLITT THEATRE, DAYTON'S GARDEN STORE AND GAS STATION AND PLANNING COMMISSION APPLICATION NO. 87004 SUBMITTED BY FEDERATED DEPARTMENT STORES REQUESTING PRELIMINARY R.L.S. APPROVAL TO RESUBDIVIDE THE LAND EAST OF 1 -26 -87 _7_ THE SHINGLE CREEK CULVERT IN THE BROOKDALE COMPLEX INCLUDING THE SITE OF THE PLITT THEATRE, DAYTON'S GARDEN STORE AND GAS STATION The City Manager stated that both these items were recommended for approval by the Planning Commission at its January 15, 1987 meeting. The Director of Planning & Inspection referred the Council to pages four through eight of the Planning Commission's January 15, 1987 meeting minutes and the attached informational sheet. He briefly reviewed the two applications and transparencies pertaining to the site. He noted that this property is zoned C2 and this type of development is a permitted use in the zoning district. Councilmember Scott inquired if there would be a separate turn lane into the development, or if right turns would be made from the traffic lane. The Director of Public Works stated that the County prefers not to add an extra turning lane when the access is only a one way entrance. The Director of Planning & Inspection stated that the primary access to the site would be off of the Brookdale perimeter road. He added that the Shingle Creek Watershed Management Commission would be required to review this application at their February meeting. Councilmember Scott inquired if there would be any type of problem with traffic backing up across the intersection of Shingle Creek Parkway and County Road 10 because of incoming traffic to the new development. The Director of Public Works stated that this area could pose a number of problems, and that it would have to be very carefully reviewed. The Director of Planning & Inspection stated that Application No. 87004 would create three tracts of land which would serve the following purposes. Tract A would be the easterly portion of the Dayton's parking lot and the adjacent perimeter road; tract B would be the proposed MainStreet site and tract C would be a portion of the southbound entrance ramp from County Road 10 to Highway 100. He noted there were a number of existing easements and that the City is presently planning a possible water main project through the MainStreet site (tract B). He stated that the Planning Commission has recommended approval of both applications, and a publ=ic hearing has been scheduled for Planning Commission Application No. 87004. The Director of Planning & Inspection briefly reviewed the 17 conditions which were recommended for approval on Application No. 87003. He then went on to review the five conditions recommended on Application No. 87004 and added that a public hearing has been scheduled this evening for this application. Mayor Pro tem Theis opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87004 submitted 'by Federated Department Stores. Councilmember Lhotka inquired where the access points would be during the demolition of the current buildings. The Director of Planning & Inspection stated that the current access points would be maintained during demolition. Councilmember Hawes stated that he believes it should be the responsibility of the developers or the demolition crew to keep the streets clean in the area. The Director of Planning & Inspection stated that this could be made a condition of approval. 1 -26 -87 -8- The Director of Planning & Inspection stated that representatives of the applicant were present this evening and introduced Mary Senkus, an attorney with Oppenheimer, Wolff & Donnelly. Ms. Senkus then introduced Ernie Koehler, Director of Architect and Planning for MainStreet; Tom Cagnolle; and Barb McGuire. A brief discussion then ensued regarding the different types of building materials used for this project and the criteria for site lighting in the development. The Director of Planning & Inspection stated that the City can only dictate site lighting requirements for those areas that abut residential areas. A discussion then ensued regarding the possibility of opening the creek area which lies underneath the parking lot to join up with the existing trail system. The City Attorney noted that the creek is basically a movable object and that the platting of the property is a key to ownership of the creek. Councilmember Lhotka suggested that Mayor Pro tem Theis poll the Council for their feelings on the issue. Mayor Pro tem Theis asked the Council for their opinions on the issue of opening the creek. Councilmember Lhotka stated that he was totally against this type of project. Councilmember Hawes stated that he does agree with the idea of opening the creek, but he is not sure that now would be an opportune time to do such a project. He stated he felt the issue must be carefully reviewed. Councilmember Scott stated that she felt the cost would be totally prohibitive and that the lengthy review process would not be fair to this applicant. Mayor Pro tem Theis stated that the ownership of the parcel is under the controls of Brookdale Center at this time, and that if any property sales are going to take place this would be a good time to approach the issue. Ms. Senkus stated that these delays could be a great hardship for her client, and noted that Federated Department Stores are only ground leasing one of the parcels not purchasing it. Mayor Pro tem Theis inquired how long it would take staff to project some cost estimates for addressing this issue and the ramifications. The Director of Public Works stated that within two weeks he could have a very rough estimate of the cost, but that it would take several months to develop a total concept for the project. The City Manager noted that this type of project would put Brookdale in the deficit position for parking requirements. The Director of Public Works added that the City does not have an easement for the creek bed. The City Manager stated that his rough estimate this evening would be five to ten million dollars. The Director of Planning & Inspection noted that it would be possible for the acquisition costs to far exceed the project costs. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 87004 submitted by Federated Department Stores. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 87003, subject to the following conditions: 1. Building plans are subject to review and approval by the Building 1 -26 -87 -9- i 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. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property prior to P y P release of the performance guarantee. 10. The new R.L.S. for the property shall receive final approval and be filed at the County prior to the issuance of P ermits. 11. The storm water purification and detention plan shall be reviewed and approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. The on -site traffic control signery shall be provided in accordance with the recommendations of the Director of Public Works. 13. The location of hydrants and fire lanes on the property shall be subject to approval by the Fire Chief. 14. The plans shall be modified, prior to consideration by the City Council, in the following manner: a) The radius of the entrance drive off County Road 10 as it branches off the front of the building shall be increased (widened) to allow movement of a fire truck through this access to the front of the building. b) Additional trees such as Canada Red Cherries or Choke Cherries (not Russian Olives) shall be provided in the greenstrip adjacent 1 -26 -87 -10- to Highway 100 to provide better screening of the parking lot and loading dock area. c) An additional handicapped ramp shall be provided southeast of the southwest entrance to the building. d) A pedestrian walkway and widened greenstrip for snow storage shall be provided in the area of the first row of parking south of the main entrance drive. e) An additional parking lot light shall be installed at the southwest access to the site in order to provide lighting for both the access and the City's walkway. 15. Plan approval acknowledges proof -of- parking for up to 60 parking spaces (including those referred to in 14d above). The applicant shall execute an agreement prepared by the City Attorney to install said parking spaces upon a determination by the City that they are necessary for the proper functioning of the site. This agreement shall be filed with the title to the property at the County prior to the issuance of permits. 16. Storage of trailers on the site, other than at the loading dock is expressly prohibited. 17. Relocation of the access of County Road 10 is subject to review and approval by Hennepin County. 18. The applicant and his agents or assigns are responsible for the daily cleanup of spilled materials on City streets or private property, and the immediate removal of any material that may constitute a traffic safety problem, related to the demolition or construction associated with this project. The motion passed. = There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Planning Commission Application No. 87004, subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall execute an easement for storm detention areas consistent with a drainage and utility plan approved by the Shingle Creek Watershed Management Commission prior to release of the final R.L.S. for filing. 4. The applicant shall update the following easements as necessary prior 1 -26 -87 -11- to the issuance of building permits: a) a nonexclusive easement granting the Ground Round site (Tract A, R.L.S. 1430) parking rights to 71 stalls on the new Main Street site, in accordance with City ordinance requirements. b) ingress and egress easement over the perimeter road portion of the proposed Tract A to both the Main Street site and the Ground Round site. c) ingress and egress easement over the proposed Tract B to the Ground Round site. d) relocation of the Northwestern Bell easement. e) City water main proposed through the site. 5. The applicant shall provide topographic and utility information, for the proposed Tract A, including the size and the location of the existing Shingle Creek culvert, prior to final R.L.S. approval. - The motion passed. RECESS The Brooklyn Center City Council recessed at 9 :24 p.m. and reconvened at 9:40 P.m. ON -SALE CLUB LICENSE - DUOOS BROTHERS AMERICAN LEGION POST The City Manager presented the next agenda item, that being, the consideration of a on -sale club license for the Duoos Brothers American Legion Post. He noted this item had been tabled at the January 12, 1987 Council meeting. He added that Mr. Gary Flakne, attorney for the Legion Post, was present this evening. Councilmember Scott inquired if the City staff had the names which coincided with the organizational chart. The City Manager responded affirmatively. Councilmember Scott stated that she would like the Post to keep the City updated on any changes for the organizational charts. Mayor Pro tem Theis inquired as to the number of bartenders for the establishment. Mr. Flakne stated there would be one full -time bartender, one part -time and one person on call. Mayor Pro tem Theis inquired whether all the bartenders were investigated by the Police Department or only the full -time bartender. The City Manager stated that he was unsure of this. Mayor Pro tem Theis stated that he was much more pleased with the information submitted for this evening's meeting than items submitted in the past. Councilmember Lhotka stated that if the City Council does approve the on -sale club license for the Duoos Brothers this evening, it does not mean that the Post and its membership can slack off and go back to their old ways. The City Attorney stated that he would like to address the question raised regarding the bartenders. He noted that the bartenders will be under the supervision of the bar committee chairman. Mr. Flakne added that the chairman 1 -26 -87 -12- will be at the Club daily to check the receipts. Mayor Pro tem Theis inquired if a background investigation would be done on the part -time bartenders. The City Attorney stated that according to City ordinance only the Manager of the establishment can be required to have a background investigation completed. However, he noted that the Police Department has conducted background investigations on the members of all the committees. Councilmember Lhotka stated that he would hope that those members involved with the latest incident would not be involved in the management of the Club in the future. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve an on -sale club license for the Duoos Brothers American Legion Post effective January 27, 1987. The motion passed. z RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Agreement between the City of Brooklyn Center and Brooklyn Center Mediation Project. Councilmember Hawes noted that he had removed this item from the consent agenda because of his close affiliation with the Mediation Project. RESOLUTION NO. 87 -27 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN CENTER MEDIATION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Councilmember Hawes abstained from the vote. The City Manager presented a Resolution Accepting Quotation and Awarding Contract for One (1) Seven Gang Mower. Councilmember Lhotka inquired if this mower would only be used at the golf course and the City Manager responded affirmatively. RESOLUTION NO. 87 -28 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) SEVEN GANG MOVER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. ON -SALE INTOXICATING LIQUOR LICENSE CLASS A - YEN CHING RESTAURANT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the on -sale intoxicating liquor license Class A for the Yen Ching Restaurant. The motion passed. 1 -26 -87 -13- ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE - YEN CHING RESTAURANT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the on -sale Sunday intoxicating liquor license for the Yen Ching Restaurant. The motion passed. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adjourn the meeting. The motion passed. The Brooklyn Center City Council adjourned at 9:58 p.m. .Kul 4 L �__4 City Clerk Mayor I 1 -26 -87 -14-