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HomeMy WebLinkAbout1985 12-09 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 9, 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 7:09 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, City Attorney Richard Schieffer, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, Director of Recreation Arnie Mavis, Housing Coordinator Brad Hoffman, and Deputy City Clerk Geralyn Barone. Mayor Nyquist noted that Councilmember Celia Scott is absent from this evening's meeting, and said that Council-member Hawes will be a few minutes late to the meeting. -- INVOCATION The invocation was offered by Pastor Robert Cilke of Brookdale Christian Center. 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 Lhotka requested that items 8a and 8k be removed and Councilmember Theis requested that item 8j be removed from the Consent Agenda. APPROVAL OF MINUTES - NOVEMBER 18, 1985 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Council-member Theis to approve the minutes of the City Council meeting of November 18, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: none. The motion passed. FINAL PLAT APPROVAL There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the proposed RLS by Lombard Properties, which will combine into a single parcel three tracts of land located northeast of LaBelle Is at the corner of Earle Brown Drive and Summit Drive. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the final plat of Northtown Plaza 3rd Addition, a replat of the properties owned by R.L. Brookdale Motors, Inc. (i.e., Brookdale Pontiac /Honda). Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: none. The motion passed. 12 -9 -85 -1- There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the final plat for Richardson Addition, formerly proposed Freeway Boulevard RLS by Lombard Properties located on Freeway Boulevard between Holiday Inn and Budgetel. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. i Voting against: none. The motion passed. RESOLUTIONS RESOLUTION N0. 85 -214 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) 1986 MIDSIZE PICKUP TRUCK The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -215 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) 1986 3/4 TON CARGO VAN The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -216 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) FOUR -DOOR POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -217 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MICHAEL BEAUCHANE The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -218 Member Gene Lhotka introduced the following resolution and moved its adoption: 12 -9 -85 -2- RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET TO PROVIDE FOR FUNDING OF THE BROOKLYN CENTER HIGH SCHOOL TENNIS COURT LIGHTING SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being aken thereon the following voted in favor thereof: g � g Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -219 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED SERVICE AND CONTRIBUTIONS OF THOSE ASSISTING IN BROOKLYN CENTER'S ALL - AMERICA CITIES COMPETITION PRESENTATION The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -220 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK UNDER PROJECT NO. 1985 -02 (CONTRACT 1985 -B) FOR RECONDITIONING OF WATER TOWERS NO. 1 AND 2 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -221 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER PROJECT NO. 1985-22 (CAULKING AND SEALING IMPROVEMENT AT CIVIC CENTER AND MUNICIPAL GARAGE) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -222 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT NO. 1984 - (CITY GARAGE /7 ELEVEN STORE FUEL TANK RECONDITIONING) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -223 Member Gene Lhotka introduced the following resolution and moved its adoption: 12 -9 -85 -3- 4 i i RESOLUTION ESTABLISHING PROJECT NO. 1986 -03 FOR RECONDITIONING OF WELLS NO. 5 AND 7 AND APPROVING SPECIFICATIONS THEREFOR (CONTRACT 1986 -A) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: i none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -224 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR FURNISHING OF A STREET SWEEPER The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the following list of licenses: BOWLING ALLEY LICENSE Earle Brown Bowl 6440 James Circle CIGARETTE LICENSE A & J Enterprises 6843 Washington Ave. S. Bob Ryan Olds 6700 Brooklyn Blvd. Schmitt Music 2400 Freeway Blvd. Advance Carter Co. 850 Decatur Ave. N. Brooklyn Center Liquor #1 1500 69th Ave. N. Brooklyn Center Liquor #2 6150 Brooklyn Blvd. Brooklyn Center Liquor #3 5711 Morgan Ave. N. Denny's Restaurant 3801 Lakebreeze Ave. N. Red Lobster 7235 Brooklyn Blvd. Bill's Vending Service 7317 W. Broadway Brooklyn Center Getty 6245 Brooklyn Blvd. Brookdale Mobil 5710 Xerxes Ave. N. B. C. American Legion Post #630 4307 70th Ave. N. Brooks Superette 6800 Humboldt Ave. N. Budgetel 6415 James Circle Consumer Vending 2828 Lyndale Ave. S. Bridgeman's 6201 Brooklyn Blvd. Country Club 5715 Morgan Ave. N. Duke's Standard Service 6501 Humboldt Ave. N. Earle Brown Bowl 6440 James Circle Holiday Inn 1501 Freeway Blvd. Ideal Drug 6800 Humboldt Ave. N. Interstate United Corp. 1091 Pierce Butler Rte. Hoffman Engineering 6530 James Ave. N. Jerry's Super Valu 5801 Xerxes Ave. N. M & S Drug Emporium 5900 Shingle Cr. Pkwy. Red Owl Country Store 3600 63rd Ave. N. 12 -9 -85 -4- Theisen Vending 3804 Nicollet Ave. S. T.J. Applebee's Brookdale Center Chuck Muers 2101 Freeway Blvd. T. Wrights 5800 Shingle Cr. Pkwy. Thrifty Scot 6445 James Circle Bill West 76 2000 57th Ave. N. Twin City Vending Co. 1065 E. Highway 36 Earle Brown Farm Ind. Park 6100 Summit Dr. Wes' Standard 6044 Brooklyn Blvd. Woodside Enterprises 11889 65th Ave. N. Bakers Square 5601 Xerxes Ave. N. Yen Ching Restaurant 5900 Shingle Cr. Pkwy. COURTESY BENCH LICENSE U.S. Bench Corporation 3300 Snelling Ave. FOOD ESTABLISHMENT LICENSE Willow Lane PTA 7020 Perry Ave. N. GARBAGE HAULERS VEHICLE LICENSE Block Sanitation 6741 79th Ave. N. GASOLINE SERVICE STATION LICENSE American Bakeries Company 4215 69th Ave. N. Brooklyn Center Service 76 6245 Brooklyn Blvd. Davies Water Equipment 4010 Lakebreeze Ave. N. Duke's Standard Service 6501 Humboldt Ave. N. Humboldt Ave. Service 6840 Humboldt Ave. N. Osseo- Brooklyn Bus Company 4435 68th Ave. N. Plum Company 6840 Shingle Cr. Pkwy. Bill West Service Center 2000 57th Ave. N. LODGING ESTABLISHMENT LICENSE Holiday Inn 1501 Freeway Blvd. Marc's Budgetel 6415 James Circle Riverside Motel 5608 Lyndale Ave. N. MECHANICAL SYSTEMS LICENSE Dependable Heating & Air Cond. Inc. 2619 Coon Rapids Blvd. Hoove -Aire, Inc. 2916 Nevada Ave. N. OFF -SALE NONINTOXICATING LIQUOR LICENSE Brookdale Mobil 5710 Xerxes Ave. N. Brooks Superette 6804 Humboldt Ave. N. Country Club 5715 Morgan Ave. N. Jerry's Super Valu 5801 Xerxes Ave. N. Red Owl Country Store 3600 63rd Ave. N. Super America 6545 W. River Rd. Super America 1901 57th Ave. N. POOL & BILLIARDS TABLE LICENSE Advance Carter Co. 850 Decatur Ave. N. Brooklyn Center Community Ctr. 6301 Shingle Cr. Pkwy. Holiday Inn 1501 Freeway Blvd. 12 -9 -85 -5- PUBLIC DANCE LICENSE Earle Brown Bowl 6440 James Circle Holiday Inn 1501 Freeway Blvd. SPECIAL FOOD HANDLING LICENSE Blue Bird Shop Brookdale Center Norden Imports Brookdale Center Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: none. The motion passed. COMMISSION APPOINTMENT Mayor Nyquist announced that he had received an application from Mr. Louis Sullivan for membership on the Brooklyn Center Human Rights Commission. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to appoint Mr. Louis Sullivan to the Brooklyn Center Human Rights Commission. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) Four -Wheel Drive Suburban Type Vehicle, noting that this is an approved item from the 1986 Fire Department Budget. Councilmember Lhotka stated that he was not in favor of this proposal originally, and still is not in favor of it. Mayor Nyquist suggested that this item be deferred to later in the meeting when Councilmember Hawes is present. The City Manager introduced a Resolution Authorizing Capital Projects Fund Appropriation for Portable Stage Unit and Approving Specifications for Purchase of a Portable Stage Unit. The City Manager noted that the portable stage will be somewhat similar to what the City of Robbinsdale owns. He added that the Park & Recreation Commission requested that the permanent bandstand recommended in the recent park bond be deferred, with the preference that the City purchase a portable unit. Councilmember Theis asked what the cost of storage of the portable stage unit will be, and the City Manager noted that the unit will be stored inside of the storage yard at the City garage at no cost. Councilmember Theis asked if the unit will be available to other municipalities, and the City Manager stated there have been times when other communities have traded equipment, and such may be the case in this situation. He added that use for an extended period of time by another jurisdiction may result in charging rent for usage of the unit. RESOLUTION NO. 85 -225 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CAPITAL PROJECTS FUND APPROPRIATION FOR PORTABLE STAGE UNIT AND APPROVING SPECIFICATIONS FOR PURCHASE OF A PORTABLE STAGE UNIT The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 12 -9 -85 -6- The City Manager introduced a Resolution Accepting Work under Project No. 1985 -17 (Contract 1985 -J) for Painting at the Municipal Garage. Councilmember Theis and the Director of Public Works discussed the cost estimates of the project. RESOLUTION NO. 85 -226 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER PROJECT NO. 1985 -17 ( CONTRACT 1985 -J) FOR PAINTING AT THE MUNICIPAL GARAGE The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Work under Project No. 1985 -21 (Contract 1985 -L) for Municipal Service Garage Improvement (Installation of Fuel Tanks and Fuel Dispensing System). Councilmember Lhotka asked if any problems related to contamination of the soil have been completely resolved. The City Manager stated that the City has conducted this project under the watchful eye of the Environmental Protection Agency, and explained the process followed by the City and the resolution of any problems related to this project. RESOLUTION NO. 85 -227 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER PROJECT NO. 1985 -21 (CONTRACT 1985 -L) FOR MUNICIPAL SERVICE GARAGE IMPROVEMENT (INSTALLATION OF FUEL TANKS AND FUEL DISPENSING SYSTEM) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Establishing Project No. 1986 -01 for the Furnishing and Installation of a New Heating System for the East Fire Station, Appropriating Funds, and Accepting Quotation. Councilmember Theis questioned the use of diesel fuel in vehicles stored at the East Fire Station, and the City Manager and Director of Public Works discussed the situation with Councilmember Theis. Councilmember Lhotka requested an explanation of the infrared heating system. The City Manager and Director of Public Works discussed the heating system with the Council. Councilmember Hawes entered the meeting at 7:25 p.m. RESOLUTION NO. 85 -228 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1986 -01 FOR THE FURNISHING AND 12 -9 -85 -7- INSTALLATION OF A NEW HEATING SYSTEM FOR THE EAST FIRE STATION, APPROPRIATING FUNDS, AND ACCEPTING QUOTATION The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Establishing Project No. 1986 -02 for Phase II of the Police Department Remodeling, Appropriating Funds and Approving Agreement with Lindberg Pierce, Inc. for Providing Architectural Services. The City Manager reviewed the original floor plan of the police department and the proposed remodeling plan. Mayor Nyquist asked if the new public inquiry counter will be across from the elevator, and the City Manager responded affirmatively. Councilmember Lhotka asked what the room next to the elevator is used for, and the City Manager pointed out that this is the equipment room for the elevator. Councilmember Lhotka asked if the dispatchers will be moving to anew location, and the City Manager said they will stay where they are. Councilmember Lhotka asked if the costs of new carpeting and painting are included in this proposal, and the City Manager responded affirmatively. Councilmember Hawes asked if the dispatchers will be able to see the counter area when no clerks are working in the clerical area, and the City Manager stated they will be able to see into the lobby area. Councilmember Hawes asked what form the entry to the clerical area next to the counter will be, and the City Manager noted that a security door will be installed. Councilmember Lhotka asked why a glass wall will be installed on the north side of the corner area, and the City Manager stated this will enable the dispatchers to see into the lobby area and that the glass wall is cheaper than the security gate. Councilmember Hawes asked if the phase II remodeling of the Police Department is included in the 1986 Budget, and the City Manager noted that this item was left out of the 1986 Budget in order to be included in the capital projects fund. RESOLUTION NO. 85 -229 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1986 -02 FOR PHASE II OF THE POLICE DEPARTMENT REMODELING, APPROPRIATING FUNDS AND APPROVING AGREEMENT WITH LINDBERG PIERCE, INC. FOR PROVIDING ARCHITECTURAL SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving Plans and Specifications 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 Director of Public Works reviewed the details of this project and noted that the City Council has authorized proceeding with it. Councilmember Lhotka asked what the estimated costs are, and the Director of Public Works stated that the cost at each intersection will be approximately $90,000. 12 -9 -85 -8- RESOLUTION NO. . 85 -230 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS 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 Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Requesting the Minnesota Department of Transportation to Prepare Cooperative Agreement Regarding T.H. 252. Councilmember Lhotka asked how this agreement will affect those items on which the City and the State have not yet reached agreement. The Director of Public Works stated that these items will not be affected. He reviewed the items in the agreement before the Council this evening, and noted that several cooperative agreements with the State will be necessary before the completion of T.H. 252 upgrading. RESOLUTION NO. 85 -231 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO PREPARE COOPERATIVE AGREEMENT REGARDING T.H. 252 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Quotations for Two (2) Computers. Councilmember Lhotka requested additional information regarding the variation in price from the HRA computer proposal, and asked for further information on what items are included in the costs. As the Housing Coordinator was not in the council chambers at this time, Mayor Nyquist deferred this item to later on in the meeting. The City Manager introduced a Resolution Setting Wages and Salaries for the Calendar Year 1986. Councilmember Theis pointed out that the Council received a great deal of salary information to be digested in one weekend and requested more lead time next year prior to discussing salaries for City employees. The City Manager noted that he had not anticipated as lengthy of an agenda as the one this evening. Councilmember Theis asked if the new position in the City Manager's office is addressed in the salary plan, and the City Manager noted that the position is for Administrative Aid and is classified the same as the Administrative Aid in the Police Department, RESOLUTION NO. 85 -232 Member Rich Theis introduced the following resolution and moved its adoption: 12 -9 -85 -9- j RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1986 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Awarding Insurance Contract. The Director of Finance noted that insurance is very difficult to obtain these days, and reviewed the bids received. Councilmember Theis asked if there is a distinction between those who can and those who cannot obtain insurance, and the Director of Finance stated that it is difficult to know who will have a problem obtaining insurance. Councilmember Theis asked what the consequences would be if the City II I does not get this insurance, and the Director of Finance noted that the City would find out the costs with the first court case that will come along. The City Manager pointed out that the City's insurance has been very valuable in a recent homicide case in which the City reportedly sold a bottle of liquor to the defendant in the case. Mayor Nyquist asked at what point the City will withdraw from the liquor business, and the Director of Finance said probably when the costs are greater than the income received. Councilmember Theis asked what percentage of the liquor stores gross sales is for the cost of insurance, and the Director of Finance said that one dollar per one hundred dollars of receipts goes towards -ne insurance. RESOLUTION NO. 85 -233 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AWARDING INSURANCE CONTRACT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager referred back to the Resolution Accepting Quotations for Two (2) Computers. The Housing Coordinator explained the details of the proposal, and Councilmember Lhotka requested an itemization of such proposals in the future. RESOLUTION NO. 85 -234 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS ON TWO (2) COMPUTERS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. i The City Manager introduced a Resolution Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) Four -Wheel Drive Suburban -Type Vehicle. 12 -9 -85 -10- RESOLUTION NO. 85 -235 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) FOUR -WHEEL DRIVE SUBURBAN -TYPE VEHICLE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. APPROVAL OF MINUTES NOVEMBER 25, 1985 - SPECIAL SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the special session of the City Council meeting of November 25, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Hawes. Voting against: none. The motion passed. Councilmember Theis abstained from voting as he was absent from the meeting on November 25, 1985. ORDINANCES The City Manager introduced An Ordinance Vacating an Easement in Outlot 8, Ryan Lake Terrace Addition, Hennepin County, Minnesota. He noted this item was first read on November 18, 1985 published in the City's official newspaper on November 28, 1985, and is offered this evening for a second reading. The Director of Public Works - reviewed the ordinance amendment. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating an Easement in Outlot 8, Ryan Lake Terrace Addition, Hennepin County, Minnesota, 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 Lhotka and seconded by Councilmember Theis to close the public hearing on An Ordinance Vacating an Easement in Outlot 8, Ryan Lake Terrace Addition, Hennepin County, Minnesota. Voting in favor: Mayor Nyquist, Council-members Lhotka, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 85 -17 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING AN EASEMENT IN OUTLOT 8, RYAN LAKE TERRACE ADDITION, HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being aken thereon the following g , g voted in favor thereof Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none whereupon said ordinance was declared � p dul Y passed ssed and adopted. The City Manager introduced An Ordinance Amending Chapter 17 of the City Ordinances 12 -9 -85 -11- I_ to Add Martin Luther King, Jr. Day as a Defined Holiday and Eliminate Columbus Day as a Defined Holiday. He noted this ordinance was first read on November 18, 1985, published in the City's official newspaper on November 28, 1985, and is offered this evening for a second reading. He added that passage of this ordinance will bring City ordinances into compliance with State law. Councilmember Lhotka asked if all concerns expressed at the first reading have been dealt with, and the City Manager noted the primary concern was that employees would prefer to retain the Columbus Day holiday and eliminate the floating holiday. However, he noted that the employees preference is to eliminate the Columbus Day holiday. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 17 of the City Ordinances to Add Martin Luther King, Jr. Day as a Defined Holiday and Eliminate Columbus Day as a Defined Holiday, 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 Lhotka and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 17 of the City Ordinances to Add Martin Luther King, Jr. Day as a Defined Holiday and Eliminate Columbus Day as a Defined Holiday. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Theis asked how the Martin Luther King, Jr. Day is addressed by union contracts, and the City Manager reviewed the current contract situation. ORDINANCE NO. 85 -18 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES TO ADD MARTIN LUTHER KING, JR. DAY AS A DEFINED HOLIDAY AND ELIMINATE COLUMBUS DAY AS A DEFINED HOLIDAY The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced An Ordinance Amending Chapter 1 of the City Ordinances Regarding Animal Control, and noted this ordinance is offered for a first reading this evening. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 1 of the City Ordinances Regarding Animal Control and to set the public hearing date on the ordinance for December 30, 1985 at 8:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. DISCUSSION ITEM The City Manager reviewed the Voluntary Assessment for the League of Minnesota Cities /NAHRO Tax Increment Finance Study and Lobbying Effort and discussed what would be included in the recommended appropriation. Councilmember Theis asked if this will be an ongoing lobbying effort, and the City Manager stated that such a lobbying effort will not necessarily be needed in every upcoming legislative session. He added that he feels the money is well spent in order to educate the 12 -9 -85 -12- r CORRECTED COPY legislators on the needs of cities. Councilmember Theis asked if the lobbyist will be Holmes & Graven, and the City Manager responded affirmatively. Councilmember Theis asked what type of expertise Holmes & Graven have with regard to this subject matter, and the City Manager noted that Mr. Holmes has extensive background related to legislation on tax increment financing. Councilmember Hawes pointed out that he is not in favor of lobbying efforts on the part of anyone. The City Manager noted that it will take a majority of the City Council to pass this proposal and noted that the legislature uses lobbyists to become informed on issues. He added that in this case, the lobbying effort will be a positive one. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the Voluntary Assessment for the League of Minnesota Cities /NAHRO Tax Increment Finance Study and Lobbying Effort. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: Bill Hawes. The motion passed. CONSIDERATION OF A GAMBLING LICENSE FOR V.K. ARRIGONI, INC. (LYNBROOK BOWL) The City Manager noted that gambling licenses are approved by the State of Minnesota, but a city must object to granting of a license within a certain number of days if it wants the gambling license to be denied. He added that staff recommends denial of the application, referencing a memorandum to himself from the Chief of Police regarding the application. Councilmember Lhotka requested that the City develop a policy on handling similar applications, and the City Manager said this item will appear on the next City Council agenda as a discussion item. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny application of a gambling license for V.K. Arrigoni, Inc. (Lynbrook Bowl). Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. CLASS B LIQUOR LICENSE FOR THE GROUND ROUND There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve a Class B liquor license for the Ground Round. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes and Theis. Voting against: none. The motion passed. CONFORMANCE IN FINANCIAL REPORTING AWARD Mayor Nyquist requested the Director of Finance to come forward and receive the certificate of conformance in financial reporting presented to the City of Brooklyn Center, Minnesota for its comprehensive annual financial report for the fiscal year ended December 31, 1984. The Director of Finance accepted the award on behalf of the City of Brooklyn Center. PRESENTATION OF RESOLUTIONS TO PARTICIPANTS IN THE ALL - AMERICA CITIES COMPETITION Mayor Nyquist stated that Brooklyn Center has made application to and done quite well in the All- America Cities contest. He added that he is very excited about what has been happening, particularly with the great participation and support of the community. He noted there is a danger of identifying specific individuals contributing to an effort, but stated there are two persons in particular who have done an outstanding job with Brooklyn Center's application to the contest. Mayor Nyquist presented a Resolution Expressing Recognition of and Appreciation for 12 -9 -85 -13- the Dedicated Service of Jim Moffet to Mr. Moffet, who is the Chairman of the All- America Cities Committee for Brooklyn Center. Mr. Moffet stated he is overwhelmed to receive the award and commented that a group commitment existed in accomplishing the City's level of participation. Mayor Nyquist presented a Resolution Expressing Recognition of and Appreciation for the Dedicated Service of Reverend Dick Rabine for Reverend Rabine's presentation at the All- America Cities Competition in Cincinnati, Ohio. Reverend Rabine expressed his thanks to the City Council and recognized the assistance of Mr. Moffet and Mr. Emil Guzik in preparing the presentation. He also expressed recognition towards the members of the City Council and City staff who assisted in Brooklyn Center's presentation. RECESS The Brooklyn Center City Council recessed at 8:25 p.m. and reconvened at 8:52 p.m. DISCUSSION ITEM SKATING RINKS AT RIVERDALE PARK AND LIONS PARK The City Manager introduced a recommendation from the Park & Recreation Commission to the City Council to open the skating rinks at Riverdale Park and Lions Park on weekends and school holidays for the 1985 -86 winter. The Chairman of the Park & Recreation Commission, Mr. Bud Sorenson, reiterated the recommendation originating from the Park & Recreation Commission. The City Manager reviewed the costs calculated by the City, and noted that a petition had been received from the Riverdale Park area residents. He stated the argument from the residents is that there have been changes in the neighborhood, and a skating rink would be used by the many children living in the neighborhood. He added that the Riverdale Park area is separated from the western side of T.H. 252, and the crossing accesses on T.H. 252 are not very good. Councilmember Theis asked how long the skating rinks at Riverdale and Lions Parks have been closed, and the City Manager stated they have been closed since 1982. Councilmember Theis asked if there is any way to monitor activity at the skating rinks, and the City Manager noted that a count is taken by the warming house attendant at each rink. Councilmember Theis asked what the average age of the children using the skating rinks is, and the Director of Recreation stated it depends on the neighborhood. The City Manager noted that during the winter of 1984 -85, the Lions Park skating rink was opened, but the warming house was not. He" noted the largest cost related to operating a skating rink is opening the warming house. Councilmember Theis asked .if warming houses are available at the Riverdale and Lions Park location, and the City Manager responded affirmatively. He added that satellites rather than indoor plumbing would be utilized in order to decrease the chances for vandalism. In reviewing a usage sheet for the skating rinks, Mayor Nyquist asked how the City accounts for the high usage in 1977 -78. The City Manager noted that the statistics are weather sensitive. Councilmember Lhotka asked why the Lions Park request is included in the recommendation, and the Director of Recreation stated that Lions Park area residents were the first to request reopening of their neighborhood skating rink. Councilmember Lhotka asked where financing of these activities would come from, and the City Manager stated they would be paid for by contingency funds. Councilmember Hawes said that area residents have shown a desire to have the skating rinks reopened, and feels the City should open the skating rinks on a limited basis and monitor their usage. 12 -9 -85 -14- There was a motion b Councilmember tuber Hawes and seconded by Councilmember Lhotka to reopen the skating rinks and warming houses at Riverdale and Lions Parks on weekends and holidays only for the 1985 -86 winter, with review of their usage prior to approval for the funding of the 1986 -87 winter. Mayor Nyquist recognized a resident from the Riverdale Park area who noted that the Lions Park residents are encountering the same problem as the Riverdale Park area residents, in that they are secluded from other park areas. He noted that it is suicide to have the children cross T.H. 252, and requested the City to approve funding on a limited basis for a one -year period with review of the activity prior to granting approval for next year. Upon vote being taken on the foregoing motion, the following members voted in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Authorizing Execution of a Developers Agreement. The Housing ousing Coordinator cited the items related to the Ryan Construction Company developments before the City Council this evening, including the Developers Agreement, the Industrial Revenue Bonds, and the Registered Land Survey. The Housing Coordinator proceeded to review the Developers Agreement. Councilmember Lhotka expressed concern over the relationship between the amount of traffic generation and the size of the proposed second office building. Staff and the Council discussed the effect of the traffic analysis on the size of the building. Councilmember Theis questioned the use of parking ramps and parking requirements, and the Housing Coordinator and City Yanager reviewed the parking situation. Councilmember Hawes questioned the curbing requirements, and the Director of Planning & Inspection noted that the curbing for this proposal will be handled much like that of the first two corporate centers. Councilmember Lhotka asked who is included in the Brookdale III Limited Partnership, and Mr. Jim Ryan stated the limited partnership includes Ryan Construction Company, Northwestern National Life, Ron Fletcher and Blair Wolfson. Councilmember Theis asked if the City Attorney had reviewed the Developers Agreement, and Mr. Bill Jordan of the City Attorney's office stated he feels the agreement provides adequate protection to the City. Councilmember Lhotka asked r what the difference is in the agreement from the City's current sign ordinance, and the Housing Coordinator stated there is no difference since minimum requirements of the sign ordinance will be met. Councilmember Lhotka inquired about the boulevard plan, and the Housing Coordinator stated this will be adopted with the tax increment plan. Councilmember Lhotka asked why the items related to the Development Project must be passed this evening, and the Housing Coordinator stated that because of the bond issue, final approval is needed prior to close of 1985. Councilmember Lhotka stated he is not ready to act this evening, as he does not adequately understand all items requiring approval. Councilmember Theis asked what effect a one -week delay would have on the project, and Mr. Ryan noted that the deadline for selling the bonds is December 31, 1985. He added that the later the bonds are sold, the higher the interest rate will be. Mr. Jordan proceeded to review the Developers Agreement section by section and, as 12 -9 -85 -15- necessary, answered questions from the Council regarding each section. Councilmember Lhotka asked if a simple majority vote of those present at this evening's meeting is necessary for passage of the resolution, and the City Attorney stated that the resolution requires three affirmative votes for passage. Councilmember Lhotka stated it is his opinion that the City is giving up an awful lot compared to what it is receiving in return. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to table the items related to the Ryan Construction Company until Wednesday, December 11, 1985 at 7:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RECESS Mayor Nyquist recessed the Brooklyn Center City Council at 10:40 p.m. to reconvene on Wednesday, December 11, 1985 at 7:00 p.m. t Depu City Clerk Mayo 12 -9 -85 -16-