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HomeMy WebLinkAbout1986 05-19 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 19, 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, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, Director of Recreation Arnie Mavis, City Attorney Richard Schieffer, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Pastor Cilke of Brookdale Assembly of God. 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 noted that staff had requested item 9 be removed from the Consent Agenda. He inquired if any Council members requested any items removed from the Consent Agenda, and no requests were made. APPROVAL OF MINUTES - MAY 5 1986 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the May 5, 1986 City Council meeting. The motion passed unanimously. PERFORMANCE BOND REDUCTION -7100 BROOKLYN BOULEVARD There was a motion by Councilmember Scott and seconded by Councilmember Hawes to reduce the performance bond from $40,000 to $15,000 for 7100 Brooklyn Boulevard. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 86 -80 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE APPROPRIATION FOR IMPROVEMENT PROJECT NO. 1985 -28, CONTRACT 1986 -E (WATER TOWER NO. 3 RECONDITIONING) 5 -19 -86 -1- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -81 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -A (RECONDITIONING OF WELLS NO. 5 AND 7, IMPROVEMENT PROJECT NO. 1986 -03) 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 - OPERATOR Snyder Brothers Brookdale Center AMUSEMENT DEVICE - VENDOR Carousel International Corporation P.O. Box 307 FOOD ESTABLISHMENT LICENSE Donut Delight 6838 Humboldt Ave. N. Tombstone Pizza Corp. 6870 Shingle Creek Pkwy. ITINERANT FOOD ESTABLISHMENT LICENSE B. C. American Legion Post 630 8333 Idaho Ave. N. Cub Scout Pack #632 1701 Woodbine Lane MECHANICAL SYSTEMS LICENSE Able Mechanical Services 6717, 83rd Place North Alair Heating & Air Cond. 9000 Annapolis Lane Atkins Mechanical, Inc. 6550 West River Road Care Air Cond. & Heating, Inc. 1211 Old Highway 8 Horwitz Mechanical, Inc. 5000 North Cty. Road 18 Modern Heating & Air Cond., Inc. 2318 First Street NE Noel's Heating & Air Cond., Inc. 6900 75th Ave. N. Northeast Sheet Metal, Inc. 4347 Central Avenue NE Owens Service Corporation 930 East 80th Street Pierce Refrigeration 1920 2nd Avenue South Sheridan Sheet Metal Co. 4108 Quebec Ave. N. Fred Vogt & Co. 3260 Gorham Avenue MOTOR VEHICLE DEALERSHIP LICENSE North Star Dodge Center, Inc. 6800 Brooklyn Blvd. RENTAL DWELLING LICENSE Initial: Silverhawk Corp. NV 4207 Lakeside Ave. N. #228 Patrick R. Shannon 4207 Lakeside Ave. N. #334 5 -19 -86 _2_ Thunderhawk Corp. NV 4207 Lakeside Ave. N. #238 Richard J. Lindquist 3715 69th Ave. N. Renewal: Brookdale Towers Program Brookdale Towers Brutger Companies, Inc. Brookwood Estates Brutger Companies, Inc. Brookwood Manor Earle Brown Farm Apts. Earle Brown Farm Apts. Patrick J. Gaughan Victoria Townhouses Thomas W. Leverenz 5600 Aldrich Ave. N. Dale & Rose Ketelboeter 4207 Lakeside Ave. N. #338 JRJ Properties 6825, 27 Noble Ave. N. Richard E. Moehrle 5817 Shores Drive Gregg G. Link 5106 Winchester Lane Mr. and Mrs. Kenneth Ready, Jr. 1019 73rd Avenue North SIGN HANGERS LICENSE Attracta Signs, Inc. 6417 Penn Avenue South The motion passed unanimously. PRESENTATION - 75TH ANNIVERSARY CELEBRATION COMMITTEE REPORT Mayor Nyquist recognized Mr. Phil Cohen, Chairman of the 75th Anniversary Celebration Committee, who briefly reviewed the committee's activities. He stated that members of the committee are here this evening to ask the Council to adopt the revised budget. He added that Mr. Mike Nelson, Budget Chairman, is also present this evening to explain the budget in greater detail. Mr. Nelson stated that so far the committee is doing better than what was budgeted. He stated that the committee would like to add the All- America City expenses to their budget (approximately $10,000) and added that the committee was not requesting any additional funds from the City. Mayor Nyquist asked if it was realistic to think the committee would be able to raise an additional $10,000 through the one fund raising event. Mr. Nelson stated that fund raising is always risky but the committee is very optimistic. Councilmember Scott asked when the button sales would begin. Mr. Nelson stated that they anticipated button sales to begin in one and a half weeks. He noted that the other memorabilia would start in about a month. Mr. Nelson then introduced Mr. Tom Slupske, Earle Brown Day's Chairman, who was present this evening to answer any questions on publicity that the Council may have. Mr. Slupske stated that next week approximately 30,000 flyers would be distributed through the four school districts in Brooklyn Center. He stated that radio and TV stations are being contacted regarding news releases. He added that the circus has provided posters for the committee to distribute throughout the City. He noted that the committee has made arrangements for locations for about half of the posters and that the committee has made arrangements for several locations for ticket sales. Councilmember Theis asked if private schools will be receiving the flyers. Mr. Slupske stated that they had not made arrangements for the private schools but that he would check into it. Mr. Slupske then briefly reviewed all of the planned activities for the 75th Anniversary Celebration and Earle Brown Days. He stated that the 5 -19 -86 -3- ambassadors have been soliciting contributions for all three events and that so far the ambassadors had raised $11,000 cash and $23,000 in retail services. There was a motion by Councilmember Theis and seconded by Councilmember Scott to receive and file the revised budget schedule from the 75th Anniversary Celebration Committee. The motion passed unanimously. PROCLAMATION Mayor Nyquist recognized Lonni McCauley from the Chamber of Commerce who stated she would like to read the proclamation out loud for the Council. Councilmember Hawes introduced the following proclamation and moved its adoption: DECLARING MAY 18 -24, 1986 AS MINNESOTA SMALL BUSINESS WEEK The motion for the adoption of the foregoing proclamation was duly seconded by Councilmember Lhotka, and the motion passed unanimously. Ms. McCauley then presented a Certificate of Commendation from the League of Minnesota Cities to Mayor Nyquist for his distinguished municipal service. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Agreement and Authorizing Execution. He stated that basically this agreement states that the City approves of this project as a public improvement and that the HRA agrees to pay for the project. RESOLUTION N0. 86 -82 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT AND AUTHORIZING EXECUTION 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 Accepting Bid and Approving Contract for Earle Brown Farm Tax Increment District Phase I Streetscape Improvement (Project No. 1986 -09, Contract 1986 -H). He stated that this resolution approves the improvements around the Target store so that the area is completed at one time. The Director of Public Works stated that this resolution approves the corner nodes and that the following resolution approves the sidewalk along Summit Drive. Councilmember Theis asked why there had been an increase of $14,000. The Director of Public Works stated that staff has little or no experience in this type of construction and that a low estimate had been made. He added that City staff did contact our consultant but that a low estimate was still made. Councilmember Lhotka asked if the costs would be from the tax increment district. The Director of Public Works responded affirmatively. Councilmember Hawes asked what Phase I includes. The Director of Public Works stated that Phase I includes six nodes and went on to explain where these nodes would �e located. 5 -19 -86 _4_ RESOLUTION NO. 86 -83 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR EARLE BROWN FARM TAX INCREMENT DISTRICT PHASE I STREETSCAPE IMPROVEMENT (PROJECT NO. 1986 -09, CONTRACT 1986 -H) 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 Accepting Proposal and Awarding Contract for Construction of Sidewalk on South Side of Summit Drive from Shingle Creek Parkway to Approximately 1,000 Feet Easterly of Shingle Creek Parkway (Project No. 1986 -14, Contract 1986 -L). Councilmember Scott asked if the same contractor that is doing Target would also handle this project. The Director of Public Works responded affirmatively and stated it would be difficult to bring in another contractor in the middle of a project. Councilmember Scott asked if a contract would be coming back before the Council. The Director of Public Works stated that the project is under $5,000 which requires only the City Manager's approval. RESOLUTION NO. 86 -84 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR CONSTRUCTION OF SIDEWALK ON SOUTH SIDE OF SUMMIT DRIVE FROM SHINGLE CREEK PARKWAY TO APPROXIMATELY 1,000 FEET EASTERLY OF SHINGLE CREEK PARKWAY (PROJECT NO. 1986 -14, CONTRACT 1986 -L) 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 Approving Agreement with Westwood Planning and Engineering Company to Provide Final Design Services Relating to Earle Brown Farm Tax Increment District Phase II- Streetscape Improvement (Project No. 1986 -15). Councilmember Lhotka asked how many additional nodes would be installed. The Director of Public Works stated that there would be 24 nodes but that the major item is street lighting. Councilmember Theis asked what decisions need to be made about the street lighting. The Director of Public Works stated that the design and level of lighting must be decided. He explained that staff feels it is not necessary to install "code" lighting which would cut the number of standards in half. He stated that a style for the fixtures must be selected and an electrical engineer must plan the lighting. Councilmember Theis asked if staff anticipates cutting the cost of this project in half. The Director of Public Works stated that the cost would not be cut in half but by approximately one - third. Councilmember Theis asked if the City would be open for more liability cases if the street lighting was decreased. The Director of Public Works responded negatively. Councilmember Lhotka asked when the project would occur. The Director of Public Works stated that the project should take place in late summer or early fall, and that most of the project would be complete by the end of fall. 5 -19 -86 -5- RESOLUTION NO. 86 -85 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH WESTWOOD PLANNING AND ENGINEERING COMPANY TO PROVIDE FINAL DESIGN SERVICES RELATING TO EARLE BROWN FARM TAX INCREMENT DISTRICT PHASE II STREETSCAPE IMPROVEMENT (PROJECT NO. 1986 -15) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. PUBLIC HEARING PUBLIC HEARING ON MODIFICATION OF REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN The City Manager explained that there would be no additional costs added to the plan only an additional property acquisition. The HRA Coordinator stated that currently there is $143,000 left in the property acquisition section of the budget. He noted that this should be plenty of money to cover this acquisition. Councilmember Lhotka asked who the property would be acquired from. The HRA Coordinator stated there are a number of parties including Deil Gustafson, Tropicana Holding Company, and MN /DOT. He stated that the title must be cleared so that the City can use this area for access onto the Farm. Councilmember Lhotka asked what the cost of acquisition is. The HRA Coordinator stated that there is no firm estimate for the acquisition. There was a brief discussion regarding the acquisition of the property and the modification to the tax increment plan. Mayor Nyquist opened the meeting for the purpose of a public hearing on Modification of Redevelopment Plan and Tax Increment Financing Plan, and 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 Modification of Redevelopment Plan and Tax Increment Financing Plan. The motion passed unanimously. RESOLUTION NO. 86 -86 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING MODIFICATION TO REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PLANNING COMMISSION ITEMS The Director of Planning & Inspection stated that there is no representative present this evening on Application No. 86018 and asked that the application be held over until later in the meeting. PLANNING COMMISSION APPLICATION NO. 86019 SUBMITTED BY E AND H PROPERTIES 5 -19 -86 _6_ REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A THREE STORY BUILDING ON THE VACANT LAND BETWEEN THE BROOKDALE MOTEL AND THE ATKINS MECHANICAL OFFICE BUILDING ON THE EAST SIDE OF WEST RIVER ROAD SOUTH OF 66TH AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its May 8, 1986 meeting. The Director of Planning & Inspection stated that he would like to review Application No. 86019 and Application No. 86020 which is a request for preliminary plat approval to resubdivide into two lots the land at the southeast quadrant of West River Road and 66th Avenue North, south to the Brookdale Motel. He stated that both these items were submitted by E and H Properties and noted he would like to begin with Application No. 86020. He then referred the Mayor and City Council to pages two through six of the May 8, 1986 Planning Commission minutes and the attached informational sheet with those minutes regarding this application. He proceeded to review the application and a transparency noting that lot 1 would be approximately .44 acres and that lot 2 would be 1.476 acres. He stated he would like to go on and review Application No. 86019. He noted the applicant wishes to construct a three story office building and that this is a permitted use in a C2 zone and would require a special use permit for the R5 zone. He added that it is not necessary for the applicant to rezone at this time but that he may wish to do so at a later date. He explained that the plan shows 86 parking spaces which would allow for approximately 4,000 sq. ft. of medical use space. He proceeded to review the landscape plan and noted that the grading, drainage and utility plan must be modified. The Director of Planning & Inspection stated that the Planning Commission did recommend approval of Application Nos. 86019 and 86020 at its May 8, 1986 meeting. He stated that there is a public hearing scheduled this evening for both applications and that there is a representative of the applicant present. Councilmember Lhotka stated that he thought the northeast portion of the land would be a good ponding area, and stated that he is not in favor of the Willow Lane depression for storm area. The Director of Public Works stated that Engineering is not sure of the need for a ponding area and would like to gather further information. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 86019 and 86020 submitted by E and H Properties. Mayor Nyquist 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 Hawes and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application Nos. 86019 and 86020 submitted by E and H Properties. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 86019 submitted by E and H Properties requesting special use permit approval to construct a three story office building on the vacant land between the Brookdale Motel and the Atkins Mechanical office building on the east side of West River Road, south of 66th Avenue North, subject to the following conditions: 5 -19 -86 -7- I. Building plans 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. 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 to assure completion of all approved site improvements. 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 with the exception of the northeast corner of the lot and the access drive where permanent curb may be deferred for up to five years. The performance guarantee shall not be released until completion of all permanent improvements. 9. The applicant shall submit an as -built survey of the property prior to the release of the performance guarantee. 10. The applicant shall provide drainage calculations for the site to the City Engineer for evaluation of possible on -site storage of runoff, prior to issuance of permits. 11. The replat of this site combining the land into a single parcel shall receive final approval and be filed at the County prior to the issuance of permits. 12. Site lighting shall provide adequate illumination of the parking lot, but light intensity shall not exceed 3 foot candles along the south property line in accordance with Section 35 -712 of the Zoning Ordinance. 13. The special use standards are deemed to be met in this case, in consideration of the following: 5 -19 -86 _8_ a) the proposed office use is an appropriate buffer between Highwa 252 and the single-family residences along the Miss' g y Mississippi PP i River b) the proposed office use is consistent and compatible with all adjacent land uses. c) traffic generated by the proposed office use can be accommodated by the abutting nonresidential streets and on the subject site and should not overburden public streets and signals in the area. 14. No access to the site shall be allowed from Willow Lane. Access onto 66th Avenue North shall line up with the median opening indicated on the MN /DOT plans for road construction of the Highway 252 project. 15. The special use permit is subject to all applicable codes, ordinances and regulations. 16. The plans shall be modified to indicate a 4' high fence along Willow Lane and a 6' high fence adjacent to the R5 development to the south to meet parking lot screening requirements of the Zoning Ordinance prior to the issuance o P f permits. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Planning Commission Application No. 86020 submitted by E and H Properties requesting preliminary plat approval to resubdivide into two lots the land at the southeast quadrant of West River Road and 66th Avenue North, south to the Brookdale Motel, 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. Setback lines indicated on the preliminary plat are nonbinding and are subject to ordinance interpretation by the City Council. 4. The applicant shall enter into a subdivision agreement with the City relating to utility hookups and abandonments and other items deemed appropriate by the City Engineer prior to final plat approval. 5. The plat shall be revised prior to final plat approval to provide street right -of -way dedication. of a triangular area of land at the northwest corner of the proposed lot 1. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:48 p.m. and reconvened at 9:06 p.m. 5 -19 -86 _9_ DISCUSSION ITEMS CONSIDERATION OF PLANS SPECIFICATIONS AND AGREEMENTS RELATING TO PROPOSED CONSTRUCTION OF T.H. 252 The Director of Public Works proceeded to review a transparency of the entire project and the route within Brooklyn Center. He briefly reviewed the memorandum and agreements relating to the proposed construction of T.H. 252. Councilmember Lhotka asked if item 9 in the original resolution (Resolution No. 83 -53) has been addressed. The Director of Public Works stated that MN /DOT will construct a storm drainage system to serve the highway and will extend leads towards West River Road. He explained it will be up to the City to connect and extend these leads to the east side of the street and to the catch basins. Councilmember Lhotka asked what the cost of this project would be. The Director of Public Works stated that staff has not attempted to put a cost on it at this time. However, he added, the cost should be less than $50,000 to connect and extend the leads. He noted the benefit will extend less than one half block. Councilmember Lhotka asked if the high water table problem would be solved by what MN /DOT proposes. The Director of Public Works stated that the ground water problem will be slightly better but different not worse. Councilmember Theis asked what it would take to solve the problem entirely in the neighborhood. The Director of Public Works stated it would take extensive use of perforated pipe throughout the neighborhood. He added that because of the heavy soils in this area, water moves very slowly beneath ground. The Director of Public Works briefly reviewed agreement No. 63405. Councilmember Scott asked why the City has to pay to disconnect the utilities on homes which MN /DOT acquired for T.H. 252. The Director of Public Works stated that this is an established policy of MN /DOT. Councilmember Scott stated that she does not agree with this policy. The Director of Public Works stated that the approximate total project cost is $95,000 and that this amount will be charged to the Regular MSA Fund, Local MSA Fund, and Public Utility Fund. He added that the City must pay its portion of the costs upfront, and if the project costs less it will be reimbursed. There was a lengthy discussion regarding the future turnback of West River Road to the City. The Director of Public Works stated that there has been no time line set for this, but that it would be in MN /DOT's best interest to do it as soon as possible to avoid maintenance costs. He added that MN /DOT would be responsible for snowplowing, street sweeping, drainage facilities, and minimal asphalt work. The Director of Public Works stated that it is obvious the agreements do not address all the concerns that the Council expressed. However, staff feels they have reached the best agreements possible with MN /DOT, considering the established projects and laws. Councilmember Theis asked if the new agreement will be thoroughly checked to be certain they include all of the changes made by staff. The Director of Public Works stated that the agreements have been thoroughly reviewed and all of his changes are included. Councilmember Lhotka stated he would like to ask Mr. Ellis some questions 5 -19 -86 -10- regarding the turnback of West River Road. Mr. Ellis stated that MN /DOT has requested funds for early 1988 to handle the proposed reconstruction project. He added that there is a meeting scheduled which may give him some indications as to when the money would be approved. Councilmember Theis asked Mr. Ellis to explain the need for the money upfront when MN /DOT does not intend to pay interest on the funds. Mr. Ellis stated that he did not have a good answer for this and noted that it is an established MN /DOT policy. He added that he was not sure if a state statute covered this or not. RESOLUTION NO. 86 -87 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF TRUNK HIGHWAY 252 IN BROOKLYN CENTER, STATE PROJECT 2748 -35 (252 =110) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Councilmember Theis asked why agreement No. 63390 refers to construction in Brooklyn Park. The Director of Public Works stated that this agreement was written by the Traffic Signals Department and that they write their resolutions to cover all entities involved and then have these agreements signed by all entities. Councilmember Theis stated that he feels it is inappropriate to pass a resolution which deals with Brooklyn Park. RESOLUTION N0, 86 -88 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING INTERSECTION CONTROL SIGNAL AGREEMENT NO. 63390 BETWEEN THE CITY OF BROOKLYN CENTER AND THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed. Councilmember Lhotka opposed. Councilmember Theis abstained from the vote. RESOLUTION NO. 86 -89 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING COOPERATIVE CONSTRUCTION AGREEMENT NO. 63405 BETWEEN THE CITY OF BROOKLYN CENTER AND THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed. Councilmember Lhotka opposed. The Director of Public Works stated that the next two resolutions established local improvement projects and identified funding sources relative to the improvement on T.H. 252. RESOLUTION NO. 86 -90 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING BROOKLYN CENTER IMPROVEMENT PROJECT NO. 1986 -16 5 -19 -86 -11- (INTERSECTION CONTROL SIGNAL IMPROVEMENT ON T.H. 252) AND APPROPRIATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 86 -91 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING BROOKLYN CENTER IMPROVEMENT PROJECT NO. 1986 -17 (ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS ON T.H. 252) AND APPROPRIATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka and the motion passed unanimously. RESOLUTION NO. 86 -92 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON 66TH AVENUE NORTH, ON 70TH AVENUE NORTH AND ON 73RD AVENUE NORTH BETWEEN T.H. 252 AND CAMDEN AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. ISSUANCE REQUIREMENTS FOR TEMPORARY ON SALE NONINTOXICATING LIQUOR LICENSES The City Manager proceeded to review the memorandum prepared by the Director of Finance regarding insurance requirements for temporary on -sale nonintoxicating liquor licenses. He noted that the Director of Finance has offered four alternatives, and would like the Council to take action on this item. The Director of Finance stated that it is not the issuance of the license so much as the fact that the event would occur on City property which worries him. The City Attorney stated that the City's General Liability Policy would not cover cases where a licensee causes injury to someone while on City property. He I noted that even if the City was found to have no liability, there would be defense costs which would have to be paid. Councilmember Lhotka asked what the City has done in the past. The Director of Finance stated that in the past, the Fire Department has handled the large tournaments and that City staff has required $500,000 coverage from the Fire Department. He stated that in the past rates were reasonable. However, this year the insurance market has deteriorated to a point where no agent in the State of Minnesota has been able to secure liquor liability insurance from a commercial insurance carrier for special events. He explained that because of the insurance crisis, the State of Minnesota will insure liquor liability for special events under certain conditions. One of these conditions is that they will issue insurance only to the licensee and will not include additional insurers. The City Manager stated that neither he nor the Director of Finance can recommend exposing the City to such liability risks. The Director of Finance stated that even if a group could afford the premium required for state coverage, our ordinance mandates that the City be named as an additional insured and the State will not do that. 5 -19 -86 -12- There was a lengthy discussion on the possibilities of the City's liability in these cases. Councilmember Hawes stated that he agrees with the City Manager and does not feel the City should take these chances Councilmember Lhotka stated that he is not prepared to take the liability. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to continue to require proof of $500,000 liquor liability coverage, with the City named as an additional insured. The motion passed with Councilmember Theis opposed. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the application from Budweiser Merchants for a temporary on -sale nonintoxicating liquor license contingent upon them meeting the requirements for insurance. The motion passed unanimously. APPROVAL OF CLASS C LIQUOR LICENSE FOR GREEN MILL INN ,There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve a Class C liquor license for Green Mill Inn contingent upon the new corporation filing certified copies of the sale with the Police Department. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Centerbrook Golf Course Buildings (Project No. 1985 -23, Phase II, Contract 1986 -K). The Director of Public Works briefly reviewed the drawings and floor plans for the proposed golf course buildings. Councilmember Scott asked the size of the clubhouse. The Director of Public Works stated that it would be 58' 8" square. Councilmember Hawes asked if the clubhouse has been designed in a way so that it can be added to if space were needed. The Director of Public Works stated that it had not been designed with that thought in mind but that an addition would most likely be possible. Councilmember Theis asked if the deck were covered by the roof lines. The Director of Public Works responded affirmatively. RESOLUTION NO. 86 -93 + Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CENTERBROOK GOLF COURSE BUILDINGS (PROJECT NO. 1985 -23, PHASE II, CONTRACT 1986 -K) 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 Amending the 1986 General Fund Budget. He explained this item would allow for the purchase of a television set for the communications van. RESOLUTION NO. 86 -94 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET 5 -19 -86 -13- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed with Councilmember Lhotka opposed. The City Manager briefly reviewed the memorandum submitted by the Director of Recreation asking for authorization to submit a grant application to the Metro Council, Regional Arts Council. He stated that the proposed grant is for $1,987 and would be used to supplement the 1987 Entertainment in the Park. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to authorize the staff to submit a grant application to the Metro Council, Regional Arts Council. 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 10:45 p.m. 2L City Clerk Mayo 5 -19 -86 -14-