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HomeMy WebLinkAbout1985 12-30 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 DECEMBER 30, 1985 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, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney John Dean, and Deputy City Clerk Geralyn Barone. INVOCATION The invocation was offered by Councilmember Theis. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Hawes requested that items 12e, 12m, and 12o be removed and Councilmember Lhotka requested that items 12a and 12c be removed from the Consent Agenda. APPROVAL OF MINUTES - DECEMBER 11, 1985 - REGULAR SESSION There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the minutes of the December 11, 1985 special session of the City Council as submitted. The motion passed unanimously. MAYORAL APPOINTMENTS There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the following appointments effective January 1, 1986: a. Housing Commission - Ron Turner, Dolores Hastings, and Ray Haroldson for reappointment to three -year terms. b. Human Rights Commission - Mary Ellen Rabine and Jayne Kuhar (Chairperson) for reappointment to three -year terms; the appointment of Thomas Slupske to a one -year term. c. Park & Recreation Commission - Carl Manson and Dave Skeels for reappointment to three -year terms. d. Planning Commission - Molly Malecki, Ann Wallerstedt, Michael Nelson, and Carl Sandstrom for reappointment to two -year terms. 12 -30 -85 -1- e. Weed Inspector - Brad Hoffman for reappointment to one -year term. The motion passed unanimously. FINAL PLAT APPROVAL, SHINGLE CREEK CENTER SECOND ADDITION There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the final plat of the Shingle Creek Center Second Addition. The motion passed unanimously. PROCLAMATION Councilmember Theis introduced the following proclamation and moved its adoption: DECLARING SEPTEMBER 17, 1987 AS UNITED STATES CONSTITUTION DAY The motion for the adoption of the foregoing proclamation was duly seconded by Councilmember Scott, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 85 -239 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1985 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 85 -240 Member Rich Theis introduced the following resolution and moved its adoption: II� RESOLUTION TO TRANSFER FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 85 -241 b Memer Rich Theis introduced the f . ollowing resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1985 -K STREET IMPROVEMENT PROJECT NOS. 1985 -12, 1985-13-AND 1985 -14 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 85 -242 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR POLICE DEPARTMENT REMODELING, PHASE II ( PROJECT NO. 1986 -02, CONTRACT 1986 -B) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 12 -30 -85 -2- I RESOLUTION NO. 85 -243 Member Rich T his introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER ASSESSMENT RATES EFFECTIVE JANUARY 1, 1986 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 85 -24 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT The motion for the adoption of the foregoing P go ng resolution was duly seconded by member Celia Scott, and the motion passed unanimously. APPROVAL OF MINUTES - DECEMBER 9, 1985 - REGULAR SESSION Councilmember Hawes pointed out that on page 13 of the December 9, 1985 City Council minutes Councilmember Lhotka's name had been omitted from the vote on the Ground Round Class B liquor license. He asked that the minutes be corrected to show that Councilmember Lhotka voted in favor of the motion. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the December 9, 1985 minutes of the City Council as corrected. The motion passed. Councilmember Scott abstained from voting as she was not present at the December 9, 1985 meeting. PRESENTATION BY SUBURBAN HENNEPIN REGIONAL PARK DISTRICT The City Manager introduced Mr. Marty Jessen of the Suburban Hennepin Regional Park District. Mr. Jessen presented a history and background of the Suburban Hennepin Regional Park District and reviewed the current budget and mill levy. He then showed a slide presentation about the park district. APPOINTMENTS TO MISSISSIPPI PARK CORRIDOR STUDY COMMISSION The City Manager stated that two members from the City will be appointed to the Mississippi Park Corridor Study Commission, and noted that Councilmember Lhotka had expressed interest in serving on this commission. Councilmember Scott said that she is also interested in serving on the commission. Councilmember Hawes asked if Bud Sorenson, Chairman of the Park & Recreation Commission, had been contacted regarding possible participation with this commission. The City Manager noted that at this time, it is preferable that a City Councilmember serve on the commission rather than a City Commissioner. Councilmember Theis said he feels it would be important for the City Manager to serve on this commission, and the City Manager noted that he could attend the meetings and represent one of the appointed members in their absence. The City Manager asked when the commission will meet, and Mr. Jessen of the Hennepin County Park Reserve District stated that an official schedule had not been set at this time, but that the meetings would probably convene about 3:00 P.m. on the meeting dates. Councilmember Lhotka withdrew his request to serve on the commission because it would be difficult for him to attend the meetings at that time. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to 12 -30 -85 -3- appoint Councilmember Scott and the City Manager to serve on the Mississippi Park Corridor Study Commission. Councilmember Theis requested that he receive mailings of any agendas and related information from the commission and asked to serve as a substitute if Councilmember Scott or the City Manager are not able to attend the meetings. Upon vote being taken on the foregoing motion, the motion passed unanimously. MAYORAL APPOINTMENT (CONTINUED) There was a motion by Councilmember Theis and seconded by Councilmember Scott to appoint Barbara Jensen to the Brooklyn Center Housing Commission for a three -year term. The motion passed unanimously. PUBLIC HEARING ON A PROPOSED MULTIFAMILY HOUSING REVENUE BOND PROGRAM (EARLE BROWN COMMONS PROJECT UNDER MINNESOTA STATUTES, CHAPTER 462' AS AMENDED The City Manager noted that a public hearing has been scheduled for 7:30 p.m. this evening and noted that the public hearing is -one step of the process for the Earle Brown Commons Project. He added the development project is still subject to approval by the City Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on a Proposed Multifamily Housing Revenue Bond Program (Earle Brown Commons Project) under Minnesota Statutes, Chapter 462C as Amended. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. Mayor Nyquist recognized Mr. Al g Beisner, who proceeded to review the preliminary with the City Council and discussed the proposal for the project with the Councils There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close t he ubli p c hearing on a Proposed Multifamily Housing Revenue Bond r P ogram (Earle Brown Commons Project) under Minnesota Statutes, Chapter 462C as Amended. The motion passed unanimously. Councilmember Lhotka asked if a housing ond is issued Y Y g b the City. The City Manager compared a housing bond to an industrial revenue bond, noting that the housing bonds are restricted to housing projects only. He added that the same type of housing bond was used for the Brookwood project. Councilmember Lhotka asked why action is being taken by the Council at this time when development will probably not start until July of 1986. The City Manager stated that it is necessary for the investors to make arrangements for their investment process at this time. Councilmember Lhotka asked who the members of the partnership for this project are, and Mr. Beisner said that the partnership is not yet complete. He added that the ability to sell bonds is predicated upon the membership of the partnership. Councilmember Lhotka asked when the sale of the housing bonds would occur, and the City Manager stated that depending on the actions by the City Council, it is possible that the bonds can be sold in March of 1986. Councilmember Lhotka expressed concern for granting preliminary approval of this project. Councilmember Theis asked how the Metropolitan Council fits into the process, and the City Manager stated that the Metro Council reviews all similar requests to determine if they meet the Metro Council's requirements. Councilmember Theis asked if the Metro Council has veto power of projects such as the Earle Brown Commons Project, and the City Manager stated that they do have that power. Mayor Nyquist asked why the Metro Council is involved, and the City Manager said the State of 12 -30 -85 -4- Minnesota requires the Metro Council to review such proposals. Councilmember Theis asked if the City has the Metro Council's approval at this time, and the City Manager responded affirmatively. The City Manager and Mayor discussed the role of the Metro Council in this project. Councilmember Hawes asked how many stories the apartment building located just south of City Hall is, and asked if it is at full tenancy. The City Manager estimated that the building is approximately 12 stories in height and it is currently filled. He added that the building was not built specifically as an elderly high rise, but it has reached that point. Councilmember Hawes asked if the Brookwood project is filled, and the City Manager stated that approximately 50 of 69 units are filled. RESOLUTION NO. 85 -245 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A HOUSING AND BOND PROGRAM FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE EARLE BROWN COMMONS PROJECT AND AUTHORIZING SUBMISSION OF SAME TO THE MINNESOTA HOUSING FINANCE AGENCY AND THE METROPOLITAN COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85040 SUBMITTED BY BRIAN ZUBERT REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A 152 ROOM, ALL SUITE HOTEL ON THE VACANT PARCEL OF LAND IMMEDIATELY EAST OF EARLE BROWN BOWL, SOUTH OF FREEWAY BOULEVARD The City Manager noted this item was recommended for approval by the Planning Commission at its December 17, 1985 meeting. The Director of Planning & Inspection referred the Mayor and City Council to pages three and four of the December 17, 1985 Planning Commission minutes and the attached informational sheet with those minutes regarding this application. He proceeded to review the application and the major concern of the Planning Commission in recommending approval of the application. He noted the Planning Commission recommended approval of Application No. 85040 subject to 14 conditions which can be found on pages four and five of the December 17, 1985 Planning Commission minutes. After reviewing the conditions, the Director of Planning & Inspection stated that a public hearing is scheduled, notices have been sent, and a representative of the applicant is present at this evening's meeting. Councilmember Hawes asked why only four handicapped parking stalls are provided in the parking lot while there are eight handicapped units in the hotel. The Director of Planning & Inspection said the State requirement on the total number of handicapped parking stalls is based on the total number of stalls in a parking lot. He stated the hotel is not required to reserve all eight suites for handicapped persons only, and, therefore, the applicant must only provide the number of stalls required by the State (which in this case is four) . Councilmember Hawes asked "if no parking" lanes are designated on both sides of the street, and the Director of Planning & Inspection responded affirmatively. Councilmember Hawes asked if the signs are not posted for no parking lanes, whether or not the street is subject to the same parking laws as the rest of the City. The Director of Planning & Inspection stated that because this is not a public street it would not be subject to the City ordinance requirements. 12 -30 -85 -5- Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 85040 submitted by Brian Zubert requesting site and building plan and special use permit approval to construct a 152 room, all suite hotel on the vacant parcel of land immediately east of Earle Brown Bowl, south of Freeway Boulevard. 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 Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 85040 submitted by Brian Zubert. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Planning Commission Application No. 85040 submitted by Brian Zubert requesting site and building plan and special use permit approval to construct a 152 room, all suite hotel on the vacant parcel of land immediately east of Earle Brown Bowl, south of Freeway Boulevard, subject to the following conditions: 1. 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 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. 9. The private access road for this site and the office park to the south shall be constructed in accordance with plans approved under Application No. 85029 and signed for no parking /fire lane prior to issuance of a certificate of occupancy for the hotel. 12 -30 -85 -6- 10. Building plans and operation of the hotel are subject to approval by the City Sanitarian with respect to the whirlpools, hot tub, sauna and lodging license and food service. 11. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 12. The plans shall be modified prior to issuance of permits to indicate: a. Relocation of handicapped parking stalls (4 in number) to the parking area west of the building as close as possible to the west entrance to the building. b. Modification of the grading and drainage plan to indicate collection of drainage in areas other than access drives to the site. 13. The Fire Marshall shall approve the number and placement of fire hydrants serving the site prior to the issuance of permits. 14. The plat of the property shall receive final approval and be filed at the County prior to the issuance of permits. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 85041 SUBMITTED BY CITY OF BROOKLYN CENTER HRA REQUESTING PRELIMINARY R.L.S. APPROVAL TO RESUBDIVIDE FOR CONVEYANCE PURPOSES THE EARLE BROWN FARM SITE AND RYAN CONSTRUCTION COMPANY'S VACANT PARCEL AT THE NORTHEAST CORNER OF EARLS BROWN DRIVE AND SUMMIT DRIVE The City Manager noted this item was recommended for approval by the Planning Commission at its December 1 1 8 meeting. 7, 9 5 The Director of g• Planning & Inspection referred the Council to pages five and six of the December 17, 1985 Planning Commission minutes and the attached informational sheet on Application No. 85041 attached with those minutes. He proceeded to review the application and noted that the Planning Commission recommended approval of Application No. 85041 subject to the three conditions d ons listed on page six of the December 12, 1885 Planning Commission minutes. He reviewed the three conditions and noted a public hearing is scheduled for this evening and notices have been posted. Councilmember Scott asked why tracts C and D are necessary and why they are two separate lots. The City Manager and the City Attorney explained why the lots are divided as they are. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85041 submitted by City of Brooklyn Center HRA requesting preliminary R.L.S. approval to resubdivide for conveyance purposes the Earle Brown Farm site and Ryan Construction Company's vacant parcel at the northeast corner of Earle Brown Drive and Summit Drive. 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 12 -30 -85 -7- close the public hearing on Application No. 850 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 Application No. 850 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. 3. Approval of the proposed R.L.S. is for reconveyance purposes only. No permits for new construction may be issued without a replatting of landlocked parcels with other parcels or an amendment of the development contract between the City and Ryan Construction Company. The motion passed unanimously. DISCUSSION ITEM POLICY ON CHARITABLE GAMBLING The City Manager reviewed policy considerations on the off -site charitable gambling license law. He noted that on December 23, 1985 the City received an application for a charitable gambling license from the Lions Club and pointed out that this application is not before the City Council for specific consideration this evening. He proceeded to review the policy options available to the City Council as stated in M&C No. 85 -15. The City Manager made the recommendation that the City Council reject all requests for charitable gambling licenses for the next 18 months in an effort to allow the City Council to review the experiences of other communities with the current law as stated. He explained the rationale for this recommendation. Councilmember Hawes asked who would control the procedure of gambling- -the charitable organization or the establishment in which the ambli takes lace. g � p The City Manager noted the arrangement is made between the charitable gambling license holder and the business establishment, and any agreement must meet State regulations. Councilmember Hawes asked what length of time the charitable gambling license is granted for, and the City Manager noted the license period is for one year. Applicants must apply at the State of Minnesota for such a license, and the City Council has 30 days in which to deny the application. If the Council does not act within the 30-day period, the license is automatically approved. Councilmember Hawes asked whether or not the City is required to approve renewal of a license in the second year of application, and the City Manager responded saying that it is the City Council's responsibility to approve or deny such an application. Mayor Nyquist asked if renewal of a charitable gambling license is handled at the State level, and the City Manager said he assumed the same process used for first time applicants is followed in years thereafter. Councilmember Lhotka asked what would happen if two charitable organizations wished to have gambling operations at the same business establishment, and the City Manager stated that only one charitable organization per location is allowed. Councilmember Lhotka inquired as to whether the City Council would be allowed to limit the granting of gambling ` licenses to those charitable organizations located within the City of Brooklyn Center, or if it would be necessary to allow any charitable organization to obtain a 12 -30 -85 -8- i charitable gambling license. The City Manager said, in his opinion, the City can determine its own criteria for approval of the gambling licenses. Councilmember Lhotka pointed out that if the Lions Club operates its gambling operation in an establishment, then the Lions Club has a monopoly on that establishment. The City Manager agreed with this statement. Councilmember Theis asked if it would be possible to restrict the hours of operation and the number of people that can be inside of an establishment at one time, as well as make other restrictions regarding this issue. The City Manager said it is his belief that some reasonable restrictions can be set by the City Council if the restrictions do not conflict with State regulations. Councilmember Theis asked if it would be possible to limit the length of the license. The City Manager said he believes that since the State issues a 12 month license, it would not be possible to limit the length of the license to a time period less than that. Councilmember Scott asked what control the management of an establishment has if it encounters problems with a charitable organization operating gambling in the establishment. The City Manager noted that management should reach some sort of agreement with the charitable organization prior to the outset of the gambling operation, but added that such an agreement is strictly between the two parties. Councilmember Scott asked how the Lynbrook Bowl would handle such an agreement. Mayor Nyquist recognized Mr. Steve Nelson of Lynbrook Bowl, who stated that a 30 day cancellation period without the necessity of stating a reason for cancellation would be included in the agreement. He added that the gambling operation would be restricted to a certain area of the establishment. Councilmember Lhotka asked if it is necessary that members of the charitable organization work at the gambling operation, and a member of the Lions Club stated that nonmembers authorized by the charitable organization may be employed in the gambling operation. He added that any money raised by the gambling would return to the community, and asked the City Council to give the Lions Club a chance to let the gambling operation work in the City. Councilmember Hawes asked if the hours of sale for gambling are limited, and Mr. Nelson stated that hours have not yet been set but would certainly be no later than 1:00 a.m. He added that the Lions Club has discussed setting hours from 5:00 p.m. until 11:00 p.m. each evening, and he is just as concerned as the City Council is with any possible problems that may develop related to the gambling operation. Councilmember Lhotka asked if it is possible to limit the length of the license, and the City Manager stated he would check into this. Councilmember Lhotka recommended that if the City is interested in allowing charitable gambling in the City but is concerned about the consequences, the Lions Club should be given a six month trial period in the City. The City Manager noted that he does not think it will be possible to limit the length of the license because it is issued by the State. Councilmember Theis asked if the City can become part of the lease agreement between the charitable organization and the business establishment. The City Manager noted it is a possibility that this could become part of the City's policy. Councilmember Theis suggested that as part of the City's policy on charitable gambling, a section requiring approval of the lease agreement by the City be included. The City Manager said he would investigate this option. Councilmember Theis expressed concern over some day having pull tabs available in every business establishment in the City. 12 -30 -85 -9- Councilmember Scott asked if any minimum age limit is set for those who can purchase pull tabs, and the City Manager stated that an individual must be 18 years old to purchase the pull tabs and 19 years old to sell them. Mayor Nyquist recognized Mr. Dick Risley of the Lions Club who noted the Lions Club's past involvement in the community. He reviewed the Lions Club proposal for operating a charitable gambling operation and said the main goal of the Lions Club is to earn money for the community. Councilmember Hawes asked if a charitable organization is allowed to apply for a license every month until one is approved, and the City Manager stated the City has 30 days to deny a license application. He noted that the Lions Club application was received on December 23, 1985, and the City has until January 23, 1986 to object to the issuance of a license to the Lions Club. Councilmember Hawes asked if the City could put a six-month hold on the application, and the City Manager said that the Lions Club has the option of reapplying for a license at any time. Councilmember Hawes stated that he does not object to the issuance of a charitable gambling license to the Lions Club, but questions some organizations' ability to handle a gambling operation properly. Councilmember Theis asked if the City could incur problems if a gambling license is not renewed, as is the case with liquor licenses. The City Manager said he would investigate this question. Councilmember Lhotka noted that if problems related to a charitable gambling operation are encountered by a business establishment, the business should be able to take action at any time in resolving problems. A representative of the Earle Brown Bowl noted that his business plans of entering into an agreement with the Lions Club are similar to that of Lynbrook Bowl. He added that he does not wish to jeopardize his business by doing this. Mayor Nyquist recognized Mr. Bob Spies of the Lions Club who stated that the charitable gambling operation is a good idea because it will return money to the community. He reviewed some of the financial problems that charitable organizations are encountering at this time, and added that the Lions Club does not wish to have its name tarnished in any way. Councilmember Theis asked if nonmembers selling pull tabs for the Lions Club would be volunteers or paid personnel. A representative of the Lions Club said that the State allows both volunteers and paid personnel, and some persons working for the Lions Club would be paid. Councilmember Theis pointed out that using paid personnel creates a business atmosphere to fund a charitable organization, which is a step away from the way the Lions Club is now operated. The representative from the Lions Club responded that it is necessary to pay personnel because the project is so large, although some Lions Club members will volunteer their time. Councilmember Theis expressed sentiments that he is more supportive of the use of volunteers as opposed to paid personnel. Mr. Nelson pointed out that Lions Club members would not be paid and the State allows them to hire people. Mr. Risley mentioned the personnel who would be involved in working the gambling operation, and pointed out that the Lions Club would be required to file monthly reports to the gambling commission. Councilmember Lhotka stated that he wants to give the Lions Club an opportunity to test this charitable gambling operation. Councilmember Theis requested a highlighted copy of the rules and regulations of the State law regarding charitable gambling operations, adding that he is not ready to approve any policy this evening because of some concerns he still has. Councilmember Scott stated that she also would like to see the Lions Club conduct their gambling operation in the City. She 12 -30 -85 -10- requested that staff prepare some restrictions that would allow only certain local organizations operating in the City for a specified number of years to be permitted to obtain the charitable gambling license. The City Manager pointed out that if the use of a charitable gambling license becomes a profitable venture, the City may receive a number of applications. There was a motion by Councilmember Scott and seconded by Councilmember Theis to table discussion on the charitable gambling policy to the January 13, 1986 City Council meeting. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:26 p.m. and reconvened at 9:40 p.m. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Accepting Quotations for a Copy Machine. Councilmember Lhotka noted the 1985 budget indicates money was allocated for a copy machine; however, nothing is listed in the 1986 budget. He asked why this item was not included in the 1986 budget. The City Manager stated that the intention of the 1985 budget allocation was to purchase a large copier and if enough money was available, a smaller copier would be purchased also. Councilmember Lhotka requested that this be made clear in the budget. RESOLUTION NO. 85 -246 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS FOR THE PURCHASE OF ONE (1) COPY MACHINE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Councilmember Theis asked what type of specifications the new copy machine will have. The City Manager said it will be smaller than the copy machine the City presently owns and will not be quite as speedy, but will permit a range of reductions. Upon vote being taken on the foregoing resolution, the motion passed unanimously. The City Manager introduced a Resolution Transferring an Unexpended Appropriation for Government Buildings Capital Outlay from the 1985 Budget to the 1986 Budget. Councilmember Lhotka expressed concern about this item appearing in the budget. The City Manager said all items included in this resolution appear in the 1985 budget, but the money is being transferred over to the 1986 budget. RESOLUTION NO. 85 -247 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER AN UNEXPENDED APPROPRIATION FOR GOVERNMENT BUILDINGS CAPITAL OUTLAY FROM THE 1985 BUDGET TO THE 1986 BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager introduced a Resolution Transferring Unexpended Appropriation for the Command Center Van and Warning Siren from the 1985 Budget to the 1986 Budget. 12 -30 -85 -11- Councilmember Hawes asked why only a certain amount of money for the van is being transferred to the 1986 budget, and the City Manager said funds have been expended for the body of the van but not the interior. Councilmember Hawes noted that he saw a civil defense siren sitting on the ground at 53rd and Brooklyn Boulevard, and the City Manager said he would look into the situation. RESOLUTION NO. 85 -248 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER AN UNEXPENDED APPROPRIATION FOR A COMMAND CENTER VAN AND WARNING SIREN FROM THE 1985 BUDGET TO THE 1986 BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager introduced a Resolution Approving Plans and Specifications for Construction of Centerbrook Golf Course (Project No. 1985 -23, Contract 1986 -C). The Director of Public Works presented the final version for construction of the golf course and reviewed the plans with the City Council. He discussed problems associated with the soil at the golf course site and stated that construction is expected to start in the spring of 1986, to be completed in the fall of 1987 and to be ready for play in the spring of 1988. Councilmember Lhotka asked if the increase in cost affects the layout of the golf course, and the Director of Public Works said the City has tried to maintain the quality of the course, making a few adjustments to cut some costs. Councilmember Scott asked what happens when additional soil is added, and the Director of Public Works explained the process of layering the dirt. The Council and staff discussed the characteristics of the golf course. Councilmember Theis asked how much money has already been expended on this project, and the Director of Public Works reviewed the expenses noting that approximately $100,000 has already been spent. Councilmember Theis asked if anyone has reviewed the financial ramifications of the increased costs, and the City Manager explained the options available to the City Council. Councilmember Theis asked how much more money will be spent before the bids are known, and the Director of Public Works stated that the only cost will be for advertising and analyzing bids. RESOLUTION NO. 85 -249 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF CENTERBROOK GOLF COURSE (PROJECT NO. 1985 -23, CONTRACT 1986 -C) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager introduced a Resolution Approving Supplemental Agreement to Contract with C. S. McCrossan, Inc. to Provide Fill Materials for Golf Course Development. The Director of Public Works reviewed and explained the resolution. Councilmember Scott asked what an erosion control fence is, and the Director of Public Works provided an explanation. Councilmember Lhotka noted that at the time of the original request for fill materials, it was thought that additional fill 12 -30 -85 -12- would not be needed. The Director of Public Works pointed out that at that time, a complete soil analysis was not yet completed; since that time it has been determined that additional fill is needed. Councilmember Theis asked where the fill material would come from if not from the Target site, and the Director of Public Works said he did not know. Councilmember Theis asked what the reduced cost to the haulers is since they do not have to haul the fill material to another site, and the Director of Public Works noted that they are saving hauling costs. Councilmember Theis expressed concern that the haulers are substantially reducing their costs by transporting the fill material to the golf course site, and the Director of Public Works pointed out that from the City's vantage point, the City is getting a good deal. Councilmember Theis asked when bids will be in for construction of the golf course, and the Director of Public Works stated the deadline is January 30, 1986. RESOLUTION NO. 85 -250 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT TO CONTRACT WITH C. S. MCCROSSAN, INC. TO PROVIDE FILL MATERIALS FOR GOLF COURSE DEVELOPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager introduced a Resolution Approving Plans and Specifications for Installation of a Water Utility Control System (Project No. 1985 -19, Contract 1986- D) . He reviewed the status of the current water utility control system and pointed out that there is not one central control point. He added that in the past this was not necessary, but it now is. The Director of Public Works reviewed the proposed system and estimated costs. He added that such a system is necessary because the City is getting close to using full capacity. Councilmember Lhotka asked what the payback period is for the system, and the Director of Public Works said this has not yet been analyzed. Councilmember Lhotka requested payback projections prior to approval of this project. RESOLUTION NO. 85 -251 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR INSTALLATION OF A WATER UTILITY CONTROL SYSTEM (PROJECT NO. 1985 -19, CONTRACT 1986 -D) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager introduced a Resolution Establishing Assessment Rates for Street Reconstruction Projects During 1986. Councilmember Theis asked what last year's rate was, and the City Manager reviewed them. Councilmember Lhotka expressed concern that the rates were not increased by a large enough increment. Councilmember Scott introduced a Resolution Establishing Assessment Rates for Street Reconstruction Projects During 1986, and Councilmember Hawes seconded the motion. 12 -30 -85 -13- Councilmember Lhotka asked whether or not the Council should be content with the rates set in the resolution, and the City Manager noted that the amount is in the range of what other communities have done. Councilmember Lhotka requested that a survey of other communities' rates be conducted. The City Manager said such a survey would be ready by the first Council meeting in February. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to table the Resolution Establishing Assessment Rates for Street Reconstruction Projects During 1986 to the February 10, 1986 City Council meeting. Councilmember Scott did not object to this motion. The motion passed unanimously. The City Manager introduced a Resolution Approving Amendment of the 1986 Employee Position and Classification Plan. Councilmember Hawes asked who presently retains the title of Superintendent of Streets and Parks. The City Manager stated that the employee is Mr. Richard Ploumen, who has been previously employed by both of the cities of Mendota Heights and Bloomington. He added that Mr. Ploumen has had experience with public utilities. The Council discussed the salary range and pay level for the new position created by the reclassification. RESOLUTION NO. 85 -252 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1986 EMPLOYEE POSITION AND CLASSIFICATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka and the motio n . assed unanimously. y The City Manager introduced a Resolution Authorizing the Transfer of $10,000 from the Contingency Fund to Police Department Capital Outlay. He noted that the original resolution will be changed by replacing the word "leased" to "used ". Councilmember Lhotka inquired about the past policy of putting other City vehicles in use, and the City Manager reviewed the policy. Councilmember Hawes questioned the settlement reached for the vehicle that became inoperative and is requiring replacement. The City Manager explained that the damaged car had over 100,000 miles on it and the cost to repair it would be greater than the vehicle's worth. Councilmember Scott asked if the lights and siren from the damaged vehicle can be reused, and the City Manager responded affirmatively. Councilmember Theis requested a price comparison of a comparably equipped new vehicle when the used car is purchased. RESOLUTION NO. 85 -253 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF $10,000 FROM THE CONTINGENCY FUND TO POLICE DEPARTMENT CAPITAL OUTLAY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 1 of the City Ordinances Regarding Animal Control. He added that this item was first read on December 9, 1985, published in the City's official newspaper on December 19, 1985, and is offered this evening for a second reading. 12 -30 -85 -14- Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 1 of the City Ordinances Regarding Animal Control. 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 Lhotka and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 1 of the City Ordinances Regarding Animal Control. The motion passed unanimously. ORDINANCE NO. 85 -19 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 1 OF THE ANIMAL ORDINANCE The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager introduced An Ordinance Vacating Easement in Thomas Construction 2nd Addition. He added this ordinance is offered for a first reading this evening, and involves an area around Evergreen Park apartments. The Director of Public Works reviewed the area involved in this ordinance. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for first reading An Ordinance Vacating Easement in Thomas Construction 2nd Addition and set the public hearing date on the ordinance for January 27, 1986 at 8:00 p.m. The motion passed unanimously. The City Manager introduced An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs, adding this ordinance is offered for a first reading this evening. He noted that this ordinance amendment results from a request by a resident, and the memorandum from the Director of Planning & Inspection explains the changes to the ordinance. The Director of Planning & Inspection stated that the Planning Commission reviewed the language of the amendment and recommended adoption by the City Council. He added that the original complainant supports the amendment. Councilmember Lhotka asked if the change was instigated by one person or a number of persons. The City Manager stated that approximately six people attending a past City Council meeting made the request. Mayor Nyquist pointed out that staff was requested to review the ordinance. Councilmember Lhotka said he is not in favor of changing an ordinance because of only one complaint. He feels the ordinance has worked well with very few complaints. Councilmember Hawes noted that he has received numerous complaints from residents over the years regarding the enforcement of the present ordinance. Councilmember Theis expressed concern over the large area allowed for putting up banners and balloons, and suggested some specific limitations. He noted that the number of off -site signs has not been addressed, and the Director of Planning & Inspection pointed out that the number of these signs has never been limited and reviewed the current sign allowances. Councilmember Theis suggested that the area for the off -site sign is too large and a smaller size would be preferable. 12 -30 -85 -15- Councilmember Scott said the issue is being blown out of proportion and stated that for garage sales signs are posted for a limited time. Councilmember Lhotka said he is not out to ban garage sales, but he objects to any changes being made to an ordinance that has worked successfully in the past. Councilmember Hawes stated that he agrees with Councilmember Lhotka to a point, and that he is much more irritated by the real estate signs rather than garage sale signs in the City. He felt the City should clamp down on violators of the real estate sign ordinance. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for a first reading An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs and setting the public hearing for January 27, 1986 at 8:00 p.m. The motion passed, with Councilmembers Lhotka and Theis opposed. The City Manager introduced An Ordinance Amending Chapter 34 Regarding Wall Signs for Enclosed Shopping Malls, noting this ordinance is offered for a first reading this evening. Councilmember Hawes asked if it is possible to post a sign on four or five different exterior walls, and the Director of Planning & Inspection responded affirmatively. He noted that the ordinance amendment limits signery to 10% of the wall area. Mayor Nyquist pointed out that the amendment will allow those without external walls to post signs, and noted that 10% of the wall space is a large area. Councilmember Lhotka again expressed concern that an ordinance is being amended because of one party requesting a change. The City Manager pointed out that this is not the first time that such a request has been received. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for a first reading An Ordinance Amending Chapter 34 Regarding Wall Signs for Enclosed Shopping Malls and to set a public hearing for January 27, 1986 at 8:00 p.m. The motion passed unanimously. APPROVAL OF LOCAL 4 PUBLIC W ORKS ORKS MASTER LABOR AGREEMENT The City Manager requested authorization from the City Council to allow the Mayor and City Manager to Execute Local 49 Public Works Master Labor Agreement. He noted this collective bargaining agreement covers the period January 1, 1986 through December 31, 1986. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to Authorize the Mayor and City Manager to Execute Local 49 Public Works Master Labor Agreement. The motion passed unanimously. DISCUSSION ITEMS (CONTINUED) RESTRUCTURING OF TRAFFIC SAFETY ADVISORY COMMITTEE The City Manager reviewed the suggested restructuring of the Traffic Safety Advisory Committee, noting that the chairman of the committee feels restructuring is merited. Councilmember Lhotka asked why the Administrative Traffic Committee was created along with the Traffic Safety Advisory Committee, and the City Manager explained the purpose and process of the two committees. The City Manager pointed out that the Administrative Traffic Committee has worked very well in effectively handling complaints on most occasions. The Council requested the City Manager to meet with the chairman of the Traffic Safety Advisory Committee to discuss the restructuring and notification of the current committee membership. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the following list of licenses: 12 -30 -85 -16- BOWLING ALLEY LICENSE Lynbrook Bowl, Inc. 6357 N. Lilac Dr. CIGARETTE LICENSE Brookdale Cinema 5801 John Martin Dr. Brookdale Ford 2500 County Rd. 10 Brooklyn Center Mobil 6849 Brooklyn Blvd. Canteen Company of MN 6300 Penn Ave. S. FMC 1800 Freeway Blvd. Iten Chevrolet 6701 Brooklyn Blvd. M.T.C. 6845 Shingle Creek Pkwy. Chuck's Q. 1505 69th Ave. N. Dahlco Music & Vending 119 State Street Ground Round Restaruant 2545 County Rd. 10 Denne's Market 6912 Brooklyn Blvd. Holiday Inn Gift Shop 1501 Freeway Blvd.. Jimmy Jingle 1304 E. Lake St. Brookdale Corporate Center II 6200 Shingle Cr. Pkwy. Brookdale Corporate Center 6300 Shingle Cr. Pkwy. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. Servomation 7490 Central Ave. NE Dayton's Brookdale Center Graco 6820 Shingle Cr. Pkwy. SuperAmerica Stations 6545 W. River Rd. SuperAmerica Stations 1901 57th Ave. N. Total Petroleum, Inc. 6830'Brooklyn Blvd. GASOLINE SERVICE STATION LICENSE Brookdale Car Wash 5500 Brooklyn Blvd. Brooklyn Center Mobil 6849 Brooklyn Blvd. Chuck's Q. 1505 69th Ave. N. Northwestern Bell 6540 Shingle Cr. Pkwy. SuperAmerica 6845 W. River Rd. SuperAmerica 1901 57th Ave. N. Total Petroleum 6830 Brooklyn Blvd. LODGING ESTABLISHMENT LICENSE Thrifty Scot Motel 6445 James Circle MECHANICAL SYSTEMS LICENSE C.O. Carlson Air Conditioning 1156 Aldrich Ave. N. Hovde Heating 2222 Edgewood Ave. S. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Palmer Lake Plaza 6860 Shingle Cr. Pkwy. NURSING HOME LICENSE Maranatha Conservative Home 5401 69th Ave. N. OFF -SALE NONINTOXICATING LIQUOR LICENSE Chuck's Q. 1505 69th Ave. N. Denne's Market 6912 Brooklyn Blvd. 12 -30 -85 -17- ON -SALE NONINTOXICATING LIQUOR LICENSE 50's Grill 5524 Brooklyn Blvd. Beacon Bowl 6525 Lyndale Ave. N. Chuck Wagon Inn 5720 Morgan Ave. N. Davanni's 937 Summit Dr. Denny's 3901 Lakebreeze Ave. Little Brooklyn Restaurant 6219 Brooklyn Blvd. Rocky Rococo Brookdale Center Scoreboard Pizza 6816 Humboldt Ave. N. POOL AND BILLIARD TABLE LICENSE Lynbrook Bowl 6357 N. Lilac Dr. RENTAL DWELLING LICENSE Initial: Bob Van Moorlehem 6261 Brooklyn Dr. Herbert A. Zwirn 5500 Bryant Ave. N. Brian A. Patnode 5916 Bryant Ave. N. Merle G. Biggs 3910 65th Ave. N. Joseph & Madeline Roche 824 69th Ave. N. Myrna L. Hubert 5300 70th Circle Renewal: George & Susan Patten 5912 Admiral Lane G. ucht L R. Wood W. Clawson 10 Brooklyn 5 5 n Blvd. y Rudolph J. Olson 6505 Brooklyn Blvd. Laura & Jeff Hanson 6933 Brooklyn Blvd. Peter & Lillian Ulmaniec 5906 Colfax Ave. N. Raymod & Tracy Rice 5801 Ewing Ave. N. John Carnahan 1525 Humboldt Place John Carnahan 1531 Humboldt Place M & J Properties 1549 Humboldt Place M & J Proprties 1555 Humboldt Place Darlene Dimitroff 6442 Indiana Ave. N. Carin Lee Rudolph 5318, 20 Queen Ave. N. Robert Messersmith 5338, 40 Queen Ave. N. Byron & Nancy Mach 4708, 4712 Twin Lake Ave. Gary & Danae Morrison 5104 E. Twin Lake Blvd. Rosita Acosta 6113 Xerxes Ave. N. Sherry A. Ronallo 819, 821 55th Ave. N. David Larson 1313 57th Ave. N. James Lupient 4450 58th Ave. N. Jerry Harrington & Eugene Berg 1200 67th Ave. N. SIGNHANGER'S LICENSE Scenic Sign Corporation P.O. Box 881 The motion passed unanimously. RESOLUTIONS (CONTINUED) RESOLUTION NO. 85 -254 Member Celia Scott introduced the following resolution and moved its adoption: 12 -30 -85 -18- RESOLUTION APPROVING CHANGE IN BID OPENING DATE FOR INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS ON SHINGLE CREEK PARKWAY AT JOHN MARTIN DRIVE AND AT SUMMIT DRIVE (PROJECT NO. 1985 -20, CONTRACT 1985 -M) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. LIFT STATION CLAIMS The City Manager produced a listing of the claims submitted by residents affected by the lift station problem. Councilmember Theis asked for a comparison of the newly submitted figures to the original estimates, and the Director of Finance presented these figures. He added that two claims are yet outstanding. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the 12 settlements for lift station claims as submitted by the City Manager. The motion passed, with Couneilmembers Lhotka and Hawes opposed. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:37 p.m. City Clerk Mayor, °' 12 -30 -85 -19-