HomeMy WebLinkAbout1981 09-14 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER;
SEPTEMBER. 14, 1981
7:00 p.m. u
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1. Call to Order
2. Roll Call
3. Invocation
4. Approval of Minutes - August 24, 1981
5. Open Forum
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6. Performance Bond Reductions:
a, Burger Bros., 5927 John Martin Drive
7. Proclamation Declaring September 17 -23 As Constitution Week
8. Resolutions:
a. Accepting Bid and Awarding Contract 1981 -L (Project 1981 -15, Central
Park /Garden City Trail and Project 1981 -25, Exercise Trail Improve-
ment),
-It is recommended the low bid
d of Barber Construction Company, Inc.
in the amount of $48,215.59 be accepted.
b. Accepting Quotations and Awarding Contract for Snowplow and Wing for J r, 4.
Use with New Tandem Truck l a =v`
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C. Accepting Bid, Awarding Contract and Appropriating Funds for Installation
of Power Factor Corrective Capacitor in City Hall Complex
-This is part of the energy conservation program. It is estimated that
the pay back period is less than 18 months. It is recommended that the
low bid of Advanced Energy Systems, Inc. in the amount of $2,138 be L'
accepted.
d. Accepting Work Performed Under Contract 1980 -A by Thomas & Sons Con-
struction �!
-This contract included all work on the 53rd Avenue and Penn Avenue
improvement projects including installation of water main, storm s ewer, v _t >F
concrete curb and gutter, sidewalks and paving.
e. Accepting Work and Approving Payment for Soil Investigation on
Project 1980 -06 (Pedestrian /Bicycle Bridge Across Trunk Highway 100, f'4,
at Shingle Creek)
f. Authorizing Execution of an Agreement for Professional Services with
the National Handicap Housing Institute`(-`
-The agreement for professional services is for a handicapped accessibility .
survey of all City -owned buildings and facilities pursuant to the require - V
ments of Section 504 of the vocational Rehabilitation Act of 1973.
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City Council Agenda -2- September 14, 1981
9. Public Hearing on Proposed 1982 City Budget (7:45 p.m.) t`
i -The public hearing will be introduced and then adjourned to be reconvened
at the special budget meeting of September 21, 1981.
10. Public Hearings (8:00 p.m.)
a. Public Hearing on Special Assessments for Street Improvements within the,,--
_
North Industrial Park Assessment District Z >
-Projects which are included in this consolidated g ',""C
j proceeding are the
following:`
1978 -06 Shingle Creek Parkway bridges over Shingle Creek
1978 -45 Shingle Creek Parkway'grading from Freeway Boulevard to
69th Avenue North
1978 -46 Shingle Creek Parkway curb and gutter, sidewalk and paving
from Freeway Boulevard to 69th Avenue North
1979 -06 Shingle Creek Parkway bridge over I -94 from City Hall to
Freeway Boulevard
1981 -18 Freeway Boulevard street improvements between Xerxes Avenue
North and Shingle Creek Parkway
Notices of the proposed assessments and of this hearing have been sent
to the owners of all benefited properties. Notice of the hearing has
also been published in the official paper.
1. Conduct Public Hearing
1
2. Consider Resolution Adopting Assessment Roll !
b. Public Hearing on Special Assessments for Storm Sewer Project No. 1979 -05r
(Installation of Storm Sewer on Shingle Creek Parkway from City Garage
V ,
to Shingle Creek and on Shingle Creek Parkway from Xerxes Avenue to
Shingle Creek).
- Notices of the proposed assessment and of this hearing have been sent
to the owners of all benefited properties. Notice of the hearing has
also been er. ublished in the official ap
P paper.
1. Conduct Public Hearing
2. Consider Resolution Adopting Assessment Roll
C. Public Hearing on Special Assessments for Sidewalk Project 1981 -19 l'
(.Installation of Sidewalk on south side of Freeway Boulevard between`
Xerxes Avenue and Shingle Creek Parkway). <
- Notices of the proposed assessment and of this hearing have been sent
to the owners of all benefited properties. Notice of the hearing has also
been published in the official paper.
1. Conduct Public Hearing
2. Consider Resolution Adopting Assessment Roll
City Council Agenda -3- September 14, 1981: -°
d. Public Hearing on Special Assessments for Storm Sewer Project 1981 =20
(Installation of Storm Sewer on Freeway Boulevard between Xerxes Avenue ^.`
and Shingle Creek Parkway) > t�;' t
- Notices of the proposed assessment and of this hearing have been sent
to the owners of all benefited properties. Notice of the hearing has
also been published in the official paper.
1. Conduct Public Hearing
2. Consider Resolution Adopting Assessment Roll
11. Planning Commission Items (8:30 p.m.)
a. Application No. 81059 submitted by Gene Loftus for a special home
occupation permit to perform small engine repair in the garage at 6300
Perry Avenue North. The Planning Commission recommended approval of
Application No. 81059 at its August 27, 1981 meeting.
b. Applications No. 81060 and 81061 submitted by DeVries Builders, Inc.
for site and building plans and preliminary plat approval for Phase 3
of the Earle Brown Farm Estates. The Planning Commission recommended
approval of Applications 81060 and 81061 at its August 27, 1981 meeting.
12. Ordinances:
a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding
Convenience -Food Restaurants
-This ordinance was first read on August 24, 1981, published on September 3,
1981, and is recommended for a second reading this evening. V
b. An Ordinance Amending Chapter 34 of the City Ordinances Regarding Canopy
Signs
This ordinance was first read on August 24, 1981, published on September 3,
1981, and is recommended for a second reading this evening. __ t'6
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1:
C. An Ordinance Amending Chapter 17 of the City Ordinances Relative to V L a /<
Personnel Policies
-This ordinance was first read on August 10, 1981, published on August 20,
1981, and is recommended for a second reading this evening. 0-
1._.
d. An Ordinance Amending Chapter 35 of the City Ordinances Regarding V°
Administrative Permits for Gasoline Service Stations -j,-I S
This ordinance was first read on August 24, 1981, published on September 3, �/<
1981, and is recommended for a second reading this evening. V !" 5'r<
e. An Ordinance Amending Chapter 34 of the City Ordinances Regarding Gasoline
Service Station Signery
-This ordinance was first considered at the August 24, 1981 City Council
meeting and was tabled to allow additional information to be obtained
from service station owners in conjunction with the ordinance amenament.
The ordinance is offered for a first reading this evening.
City Council Agenda -4- September 14, 1981
f. An Ordinance Amending Chapter 5 of the City Ordinances Regarding the
Establishment of Remote Station Fire Alarm System
-This ordinance amendment is a housekeeping item and would change the
address location of the remote station from 6250 Brooklyn Boulevard
to its correct address at 6301 Shingle Creek Parkway. The ordinance
is offered for a first reading.
13. Discussion Items: S J /
a. Consent Agenda- °_'L --
-The staff has prepared a format for a consent agenda and will be I /`
prepared to discuss this item in further detail at the meeting.
b. Report on Hennepin County 1982 Community Services Budget
-The staff will be prepared to discuss the impact of the 1982 budget
_
cuts on the northwest suburbs.
14. Gambling Licenses:
a. Application for a Class B gambling license from the Brooklyn Center
Jaycees (requires a majority vote of the City Council to pass)
- Waiver of the $10,000 fidelity bond (requires a unanimous vote of the
City Council to pass)
15. Licenses
i 16. Adjournment
I �=
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f
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
" RESOLUTION ACCEPTING BID AND APPROVINGs CONTRACT F01M
(CENTRAL PARK /GARDEN CITY PEDESTRIAN TRAIL IMPROVEMENT
PROJECT 1981 -15, EXERCISE STATION IMPROVEMENT PROJECT
1981 -25 -- CONTRACT 1981 -L)
M EREAS, pursuant to an advertisement for bids for Improvemnt
Project Nos. 1981 -15 and 1981 -25, bids were received, opened, and tabulated
by the City Clerk and City Engineer, on the 10th day of September, 1981. Said
bids were as follows:
Bidder Bid Amount
Barber Construction Co., Inc. $48,215.59
C. S. McCrossan, Inc. 55,657.00
Bituminous Consulting & Con- 59,813.60
tracting Co., Inc.
Hardrives, Inc. 69,342.50
Central Landscaping, Inc. 72,546.50
Northern Asphalt Construction, Inc. 74,855.00 y
VERTEA5, it appears that Barber Construction Co., Inc. of Minnetonka,
Minnesota, is the lowest responsible bidder.
f
NDW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of I
• Brooklyn Center, Minnesota:
1. The Mayor and City Manager are hereby authorized and directed to
enter into the attached contract in the amount of $48,215.59 with
Barber Construction CaTpany, Inc. of Minnetonka, Minnesota, in the
name of the City of Brooklyn Center, for Improvement Project Nos.
1981 -15 and 1981 -25 according to the plans and specifications
therefor approved by the City Council and on file in the office
of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forth-
with to all bidders the deposits made with their bids, except that
the deposit of the successful bidder and the next lowest bidder
shall be retained Lentil a contract has been signed.
BE IT FURTHER RESOLVED that:
1. The estimated total cost of Inprovenent Projects 1981 -15 and 1981 -25
is amended according to the following schedule:
CENTRAL PARK /GARDEN CITY PEDESTRIAN TRAIL Rv1pp7VEMENT PROJECT 1981 -15:
As Estimated As Bid
Contract $54,770.00 $33,310.50
Engineering 4,929.30 2,997.95
Legal and Administrative 1,0 95.40 666.21
60,794.70 6,974.66
RESOWTION NO.
{
EXERCISE STATION IMPROVE ENT PRCa7ECT 1981 -25:
As Estimated As Bid
Contract 8,880.00 $14,905.09
Engineering 799.20 1,341.46
Legal and Administrative 177.60 298.10
$9,856.80 $16,544.65
2. The accounting for the projects will be done in the Capital
Improvement Fund.
d.
3. The estimated costs to be financed from said Capital Improvement
Fund will be as listed below:
Improvement Project 1981 -15: $36,974.66
Tmprovenent Project 1981 -25: $16,544.65
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof
and the following voted against the sane:
whereupon said resolution was declared duly passed and adopted.
E e
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Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF "SNOWPLOW BLADES
WHEREAS, Chapter 471.345 of the Minnesota Statutes provide for
the purchase of merchandise, materials or equipment, or any other kind of
construction work by informal quotations when the amount of such contract
is less than ($10,000); and
WHEREAS, the City's purchasing policy requires the City Council
to award purchases between $5,000 through $9,990 upon recommendation of
the City Council & City Manager; and
f
WHEREAS, the City Manager has obtained quotations for the purchase
of snowplow blades and has determined that the quotation of Itasca in the
amount of $8,194 is in the best quotation submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ##
Brooklyn Center that the City Manager be authorized to contract for the
1
purchase of snowplow blades in the amount of $8,194 from the Itasca Company. t
E
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Date Mayor
° r
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member , and upon vote being taken thereon, the
following voted in favor thereof:
f
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
2 - sport
i
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
- RESOLUTION ACCEPTING, BID, ANAMI 13 ACT, AND APPROPRIATING
FUNDS FOR INSTALLATION CF POWER FACTOR CORRECTIVE CAPACITOR IN
CITY HALL COMPLEX
WHEREAS, the Energy Conservation Study for the City of Brooklyn
Center recommends the purchase and installation of a power factor corrective
capacitor for the City Hall /Civic Center ccrplex as an energy conservation
and cost reduction strategy; and
WHEREAS, the following bids have been received for said work:
Advanced Energy Systems, Inc. $2,138.00
Computer Control Engineering, Inc. $2,280.00
AND, WHEREAS, it is estimated that the payback period for said pro-
posed improvement is less than eighteen months.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that:
1. The bid of Advanced Energy System, Inc. in the amount of
$2,138.00 is hereby accepted and the Mayor and City Manager
are hereby authorized to execute a contract for said work.
2. The Director of Finance is hereby authorized to transfer an
appropriation of $2,138.00 from the Unallocated Department
Contingency Account to the Government Buildings Capital Out-
lay Account to provide for payment of said contract.
Date Mayor
ATTEST;
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Menber introduced the following resolution E
and moved its adoption
RESOLUTION NO.
RESOLUTION ACCEPTIIq3 WORK PERFORMED UNDER CONTRACT 1980-A
(531D AVENUE NORTH IMPP07EMENr PROJECTS NOS. 1978 -38, 1978-
39, 1979 -1, 1979 -2; PENN AVENUE NORTH IMPROVEMENT PROJECT
NO. 1978 -44)
WHEREAS, pursuant to written Contract 1980 -A signed with the City of
Brooklyn Center, Minnesota, Thomas and Sons Construction, Inca has satisfactorily
oompleted the following improvements) in accordance with said contract:
STREET IMPROVEMM PROJECT 1978 -38
SIDEWALK, CURB & GUTTER IMPROVR= PROJECT 1978 -39
STREET AMID STORM SEWER IMPROVEMENT PROJECT 1978 -44
WATER MAIN IMPROVEMENT PROJECT 1979 -1
STORM SEWER IMPROVEMENT PROJECT 1979 -2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The work completed under said contract, change orders, and
supplemental agreements is accepted and approved according to
the following schedule:
STREET IMPROVEMENT PROJECT 1978 -38
Previously Approved Final kwunt
Original Award $440,579.95 $403,151.42
Change Order #1 - 2,426.30 - 2,426.30
Change Order #2 - 3,284.60 - 3,284.60
Supplemental Agreement #4 5,986.21 5,986.21
TOTAL $440,855.26 $403,426.73
SIDEWUK, CURB & G.JTTER IMPROVEMENT PROTECT 1978 -39
Previously Approved Final Amount r
Original Award $183,967.50 $167,912.22
Change-Order #2 797.80 797.80
Supplemental Agreement #3 3,450.00 3,772.00
TOTAL $188,215.30 $172,482.02
STREET AND' ST01M SEWER IMPROVEMENT PROJECT 1978 -44
Previously Approved Final Amount
F
Original Award $ 72,148.55 $ 67,892.26
Supplemental Agreement #5 594.00 594.00
TOTAL $ 72,742.55 $ 68,486.26
WATER MAIN IMPROIIIYNT PROJECT 1979 -1
Previously Approved Final Amount
Original Award $ 31,647.00 $ 32,679.00
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•
RESOLUTION NO.
STORM SEWER IMPRUJIlNTT PROJECT 1979 -2
Previously Approved Final Amount
Original Award 115,093.00 $112,882.95
Change Order #2 1,414.50 1,414.50
Supplemental Agreement #1 1,073.99 1,073.99
Supplemental Agreement #2 4,584.00 4,584.00
TOTAL $122,165.49 $119,955.44
Previously Approved Final Amount
TOTAL CONTRACT $855,625.60 $797,029.45
_ 2. The value of the uork performed is $58,596.15 less than the sum of
said contract, change orders, and supplemental agreements due to a
general overestimation of planned quantities.
3. It is hereby directed that final payment be made on said contract,
takin g the Contractor's receipt in full. The total amount to be
paid for said improvEments under said contract shall be $797,029.45.
BE IT FUI= RESOLVED BY THE CITY COUNCIL of the City of Brooklyn
Center, Minnesota, that:
1. Appropriation of funds to finance said improvement projects shall
be made according to the following schedule:
STREET IMPROVEMENT PROJECT 1978 -38:
Special Assessments $ 22,951.15
City of Minneapolis 211,676.97
M.S.A. Fund (Account #2613) 168,798.61
$403,426.73
SIDEWALK, CURB & GUTTER IMPR0VEv1EN' PROJECT 1978 -39:
Special Assessments $ 19,925.92
City of Minneapolis 59,536.34
M.S.A. Fund (Account #2613) 93,019.76
$172,482.02
STREET AND STORM SEtQER DTRovEmENT PROJECT 1978 -44:
City of Minneapolis $ 57,139.64
M.S.A. Fund (Account #2613) 11,346..62
$ 68 1 486.26
WATER MAIN IMPROVEMENT PROJECT 1979 -1:
Special Assessments $20,174.50
Public Utilities Fund 12
$32,679.00
STORM SEWER IMPR0V9 PRC)JECT 1979 -2:
• City of Minneapolis $59,977.72
M.S.A. Fund (Account #2613) 59,977.72
$119,955.44
RESOLUTION N0.
R
Date Mayor
ATIMT:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
irerdDer , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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frV .
Member introduced the following resolution
and moved its adoption:
RESOLUTION N0.
„ RESOLUTION ACCEPTING WORK AND APPROVING PAYMENT FOR SOIL
INVESTIGATION ON PROJECT 1980 -06: PEDESTRIAN /BICYCLE BRIDGE
ACROSS T.H: 100 AT SHIMLE CREEK
BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center,
Minnesota, that the soil engineering work accomplished by the Soil Explora-
tion Ccxnpany for Project 1980 -06 (Pedestrian/Bicycle Bridge Across T.H. 100
at Shingle Creek) is hereby accepted.
BE IT FURTHER RESOLVED that payment in the total amount of $3,011.35
for said services is hereby approved and that Resolution No. 81 -101 is hereby
amended to increase the appropriation to Project 1980 -06 from $2,500.00 to
$3,011.35 for payment for said services from the Municipal State Aid Fund,
Account No. 2611.
Date Mayor
ATTEST:
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL
SERVICES WITH THE NATIONAL HANDICAP HOUSING INSTITUTE
WHEREAS, the City Manager has obtained quotations on the purchase of
professional services for a Survey Of Facilities For Handicap Access and has
determined that the quotation of the National Handicap Housing Institute, Inc.
estimated at five thousand and eight dollars ($5,008) is the best quotation
submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized
to execute an agreement with the National Handicap Housing Institute, Inc. to
perform a Survey Of Facilities For Handicap Access as specified in the Request
For Proposal for a Handicapped Accessibility Survey. The cost for the professional
services under this agreement is not to exceed $8,000.
BE FURTHER RESOLVED that the funds for the Survey Of Facilities For
Handicap Access will be appropriated from Community Development Block Grant monies.
s
' Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
1
Mamber introduced the following resolution
and moved its adoption:
f RES01UTION NO.
RESOLUTION ADOPTING ASSESSMENT' CP SHINGLE CRFEK IMPROVEMENT
PST 1978 -06, 1978 -45, 1978 -46, AND 1979 -06, AND FREEWAY
BCULEVAIU IMPROVEMEN.P PROJECT 1981 -18
WHEREAS, the City Clerk, with the assistance of the City Engineer,
has prepared proposed assessment rolls identifying each and every lot, piece,
or parcel of land to be specially assessed and the amount calculated against
the same, for the following improvement:
Improvement Project Nos. 1978 -06, 1978 -45A, 1978 -45B, 1978 -46,
1979 -06, and 1981 -18
Bridge on Shingle Creek Parkway crossing over Shingle Creek.
Street grading, base & surfacing on the westerly and southerly half
of Shingle Creek Parkway from Freeway Boulevard to the east property
line of Tract A, R.L.S. No. 1274; Shingle Creek Parkway from the 1
east property line of Tract A, R.L.S. No. 1274 to Xerxes Avenue i
North; and the northerly and easterly half of Shingle Creek Parkway
from Xerxes Avenue North to County Road No. 130.
Curb and gutter and sidewalk on the westerly and southerly half of
the east property
from, Freeway p ,
Shingle Creek Parkway y Boulevard to
line of Tract A, R.L.S. No. 1274; Shingle Creek Parkway from the
east property line of Tract A, R.L.S. No. 1274 to Xerxes Avenue
North; and the northerly and easterly half of Shingle Creek Parkway
from Xerxes Avenue North to County Road No. 130. k
Street extension of existing Shingle Creek Parkway from Freeway
Boulevard southward approximately 250 feet to Bridge No. 27910.
Street construction on Freeway Boulevard from Xerxes Avenue North
to Shingle Creek Parkway; and
WHEREAS, such proposed assessments have been on file with the City
ed• and
and
o to inspection copying by all persons interested; and co ,
Clerk pen spe P
WHEREAS, pursuant to proper notice duly given as required by law,
the City Council has met and heard and passed upon all objections to such pro-
posed assessments.
NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, as follows:
l." Such proposed assessment, a copy of which shall be certified to
by the City Clerk and filed in his office, is hereby accepted and
shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found
to be benefited by the inprovement in the amount of the assessment
levied against it.
2. Such assessments shall be payable in equal annual installments ex-
tending over a period of fifteen years. The first of the install -
ments shall be payable on or before the first Monday in January,
1982, and shall bear interest at the rate of twelve percent per
annum from October 1, 1981, until the amounts have been paid in
full: To the first installment shall be added interest on the
entire assessment for fifteen months from October 1, 1981, until
RESOLUTION NO.
1
December 3 , 1982. To each subsequent instalment when due
shall be added interest for one year on all unpaid installments.
3. The owner of any property so assessed may at any time prior to certi-
fication of the assessment to the County Auditor, pay the whole of
the assessment, with interest accrued to the date of payment, to
the City Treasurer, except that no interest shall be charged if the
entire assessment is paid within 30 days from the adoption of this
resolution; and he may, at any time thereafter, pay to the City
Treasurer the entire amount of the assessment remaining unpaid,
with interest accrued to December 31 of theyear in which such pay-
nmt is made. Such payment must be made before November 15, or
interest will be charged through December 31 of the succeeding year.
4. The City Clerk shall forthwith transmit .a certified duplicate of
this assessment to the County Auditor to be extended on the proper
tax lists of the county, and such assessments shall be collected
and pa id over in the same manner as other municipal taxes.
Date Mayor
A
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupcn said resolution was declared duly passed and adopted.
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Member introduced the following resolution
and moved its adoption:
z
RESOIUTION NO.
RESOLUTION ADOPTING ASSESSMENT OF SHINuLE CF= PARKWAY
STORM SEWER IMPRQJEMEFIT PROJECT 1979 -05
WHEREAS, the City Clerk, with the assistance of the City Engineer,
has prepared proposed assessment rolls identifying each and every lot, piece, f
or parcel of land to be specially assessed and the amount calculated against
the same, for the following improvement:
Improvement Project No. 1979 -05
Storm sewer extensions of existing storm sewer on Shingle Creek
Parkway from Xerxes Avenue eastward approximately 400 feet to
Shingle Creek, and from the southeast corner of the City garage
site westward approximately 750 feet to Shingle Creek; and
WHEREAS, such proposed assessments have been on.file with the City
Clerk and open to inspection and copying by all persons interested; and
MEREAS, pursuant to proper notice duly given as required by law,
the City Council has met and heard and passed upon all objections to such pro-
posed assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, as follows:
1. Such proposed assessment, a copy of which shall be certified to
by the City Clerk and filed in his office, is hereby accepted j
and shall constitute the special assessment against the lands s
named therein, and each tract of land therein included is hereby
found to be benefited by the irrtprovement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of fifteen years. The first of the in-
stallments shall be payable on or before the first Monday in E
January, 1982, and shall bear interest at the rate of twelve
percent per annu - n from October 1, 1981, until the amounts have E
been paid in full. To the first installment shall be added in-
terest on the entire assessment for fifteen months from October 1,
1981, until December 31, 1982. To each subsequent installment
when due shall be added interest for one year on all unpaid in-
stallments.
3. The owner of any property so assessed may at any time prior to i
certification of the assessment to the County Auditor, pay the
whale of the assessment, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be
charged if the entire assessment is paid within 30 days from the
adoption of this resolution; and he may, at any time thereafter,
pay to the City Treasurer the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year j
in which such payment is made. Such payment must be made before
Novenber 15, or interest will be changed through December 31 of,
the succeeding year.
RESOIIJTION NO.
4. The City Clerk shall forthwith transmit a certified duplicate
f
o this assessment to the County Auditor to be extended on the
proper tax lists of the county, and such assessments shall be
collected and paid over in the same manner as other municipal
taxes.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
I
G
Member introduced the following resolu-
tion and moved its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT OF SIpEWALK IMPROVEMENT
PROJECT 1981 -19 (FREEWAY BOULEVARD)
WHEREAS, the City Clerk with the assistance of the City Engineer,
has prepared proposed assessment rolls identifying each and every lot, piece,
or parcel of land to be specially assessed and the amount calculated against
the same, for the following improvement:
Improvement Project No. 1981 -19
Sidewalk Construction on Freeway Boulevard from Xerxes Avenue
North to Shingle Creek Parkway; and
WHEREAS, such proposed assessments have been on file with the City
Clerk and open to inspection and copying by all persons interested, and
M-iEREAS, pursuant to proper notice duly given as required by law,
the City Council has met and heard and passed upon all objections to such pro -
posed assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, as follows:
1. Such proposed assessment, a copy of which shall be certified
S to by the City Clerk and filed in his office, is hereby accepted
a and shall constitute the special assessment against the lands
named therein, and each tract of land therein included is hereby
found to be benefited by the improvement in the amount of the
assessment levied against it.
2. Blocks 2 through 8 and Outlots A through D of Earle Broom Farm
Estates shall be credited by an amount whose sum shall equal
$8,320.00, as consideration for advanced payment of improvement
costs received under a Subdivision Agreement.
ti
3. Such assessment shall be payable in equal annual installments ex-
tending over a period of ten years. The first of the installments
shall be payable on or before the first Monday in January, 1982,
and shall bear interest at the rate of twelve percent per annum
fran October 1, 1981, until the amounts have been paid in full.
lb the first installment shall be added interest on the entire
assessment for fifteen months frra•n October 1, 1981, until Decem-
ber 31, 1982. To each subsequent installment when due shall be
added interest for one year on all unpaid installments.
4. The onwer of any property so assessed may at any time prior to
certification of the assessment to the County Auditor, pay the
t whole of the assessment, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be
k� charged if the entire assessment is paid within 30 days from the
adoption of this resolution; and he may, at any time thereafter,
pay to the City Treasurer the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the
year'in which such payment is made. Such payment must be made
RESOLUTION NO.
before November 15, or interest will be charged through December
31 of the succeeding year.
5. The City Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the proper
tax lists of the county, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Date Mayor
A=T:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution
and moved its adoption:
RESOLUTION N0.
RESOLUTION ADOPTING ASSESSMENT OF STORM SEWER IMPROVIMENT
PROJECT 1981 -20 (FREE W BOULEVARD)
MIEREAS, the City Clerk, with the assistance of the City Engineer,
has prepared proposed assessment rolls identifying each and every lot, piece,
or parcel of land to be specially assessed and the amount calculated against
the same, for the following improvement:
Improvement Project No. 1981 - 20
Storm sewer construction on Freeway Boulevard from Xerxes
Avenue North to Shingle Creek Parkway; and .
WHEREAS, such proposed assessments have been on file with the City
Clerk and open to inspection and copying by all persons interested, and
W0RF_.AS, pursuant to proper notice duly given as required by law,
the City Council has met and heard and passed upon all objections to such pro-
posed assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, as follows:
1. Such proposed assessment, a copy of which shall be certified to
by the City Clerk and filed in his office, is hereby accepted
and shall constitute the special assessment against the lands
named therein, and each tract of land therein.included is hereby
found to be benefited by the improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of ten years. The first of the install-
ments shall be payable on or before the first Monday in January,
1982, and shall bear interest at the rate of twelve percent per
annum from O. 1, 1981, until the amounts have been paid in
full. To the first installment shall be added interest on the en-
tire assessment for fifteen months from October 1, 1981, until
December 31, 1982. To each subsequent installment when due
shall be added interest for one year on all unpaid installments.
3. The owner of any property so assessed may at any time prior to
certification of the assessment to the County Auditor, pay the
whole of the assessment, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be
charged if the entire assessment is id within 30 days from the
� Pa Y
adoption of this resolution; and he may, at any time thereafter,
pay to the City Treasurer the entire amount of the assessment
remaining unpaid, with interest accrued to.December 31 of the year
in which such payment is made. Such payment must be made before.
November 15, or interest will be charged through December 31 of
the succeeding year.
RESOLUTION NO.
4. The City Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the proper
tax lists of the county, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
t
CITY OF BROOKLYN CENTER
ORDINANCE NO. s
L
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING
CONVENIENCE -FOOD RESTAURANTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Section 35 -322 of the City Ordinances is hereby amended in the
following manner:
i
Section 35 -322. C2 COMMERCE DISTRICT.
1. Permitted Use
(b) Eating establishments, provided they do not offer live
entertainment and further provided that the category does
not permit drive -in eating places and convenience -food
restaurants.
3. Special Uses
(c) Drive -in eating establishments and convenience -food restaurants
provided they do not abut an R -1, R -2, or R -3 district including
abutment at a street line.
Section 2. Section 35 -900 of the City Ordinances is hereby amended in the
following manner:
Convenience -Food Restaurant - An establishment whose principal busines
. is the sale of foods, frozen desserts, or beverages to the customer in a
ready-to-eat state for consuN tion either within the premises or for carry -out
with consumption either on or off the premises, and whose design or principal
method of operation includes both of the following characteristics:
1. Foods, frozen desserts, or beverages are usually served in edible
1
containers or in paper, plastic, or other disposable e ca ntaine
2. The customer is not served food at his /her table by an emp loyee
but receives it at a counter, window, or similar facilit for
carrying to another location on or off the premises for
consumption.
Section 3. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
ORDINANCE NO.
Adopted this day of 19
i z
Mayor
I
ATTEST:
Clerk
Date of Publication
Effective Date
(Underline indicates matter to: be added) .
-
CITY OF BROOKLYN CENTER
ORDINANCE N0.
AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING
CANOPY SIGNS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN
AS FOLLOWS:
Section 1. Section 34 -110 of the City Ordinances is hereby amended as
follows:
Ca_ nopy - An accessory roof -like structure either attached to or detached
from a permitted building_, open on all sides, other than where attached; which
is located over and designed to p rovide __ cover for entrances, exits, walkways,
NN
and approved off - street vehicle service areas such as gasoline stations, drive -in
establishments, and loading berths,.
Sign, Canopy - An identification sign affixed to a canopy o marquee. :Such
identification signery signer shall be considered a type of wall sj n rovided the
cano or marquee) and the sign upon it meet the requirements of Section 34 -140
Subd 3 In other cases, canopy signs shall be considered either roof signs or
b
freestanding signs and are interchangea le with such si
Section 2. Section 34 -140 Subd.,3 of the City Ordinances is hereby amended as
follows:
34 -140 Subd. 3. Permitted Si gns Requiring a Permit.
A. Commercial (C -2) and Industrial (I -1 and I -2) Districts.
Canopy Signs
Individual and clustered establishments or e nterprises and multi -
story ffice buildings may have can signs,, to be considered a
— 9 y ns P q
type of wall sign, if the following conditions are met:
The canopy meets building wall setback requirements from
respective property lines.
The canopy structure is attached to the building wall and is
deemed b the Building Official to be an int art of the
y 9 g p -
buildi
(c) The primary function of the canopy is to provide an outside
cover or shelter for pedestrians as opposed to automobiles.
The sign does not extend or project above the top of the
canopy.
The sign is placed on that elevation of the canopy which is
p arallel to the wall to which it is attached.
The area of the sign for individual and clustered establish -
ments does not exceed thirt 30% of the cano face
or elevation which is parallel to the wall to which it is
attached. The area of the sign for a multi-story office
building does not exceed ten percent 10% of the canopy face
or elevation which is parallel to the wall to whicn it is
attache
ORDINANCE NO.
jq) The sign in all other respects is consistent with the provisions
of this ordinance for wall signs.
B. Commercial (C -1 and C -lA) Districts.
Canopy Signs
Individual and clustered establishments or enterprises and multi -
story office buildings may have canopy signs, to be considered a
type of wall sign, if the following conditions are met:
Lal The same conditions for canopy signs as set forth i Section
3 -140, 3 4 ara ra hs a through e are met.
The area of the sign does not exceed ten percent (10 %) of the
canopy face or elevation which is parallel to the wall to
which the canopy is attached.
c) The sin in all other respects is consistent with the provisions
of this ordinance r wall signs.
I
fo
Section 3. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this day of 19
Mayor
ATTEST:'
i
Clerk .
Date of Publication
Effective Date
(Underline indicates matter to be added).
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES RELATIVE
TO PERSONNEL POLICIES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Section 17 -120 of the City Ordinances of the City of Brooklyn
Center is hereby amended in the following manner:
Y Section 17 -120 LAYOFFS. After fourteen calendar days prior written
notice, the City Manager may lay off permanent employees because of shortage
of work or funds, abolition of positions, or other reasons outside the
employee's control which do not reflect discredit on the service of the
employee The City Manager may lay off temporary employees with no prior
notice. Except for abolition of positions permanent employees shall not be
laid off while ,there are temporary or probationary employees serving in the
same positions for which permanent employees are qualified, eligible, and
available. Length of service in the same position classification shall be
considered, but shall not be binding.
Section 2. Section 17 -123 of the City Ordinances of the City of Brooklyn
Center is amended in the following manner:
Section 17 -123. DISMISSAL AND DISCIPLINE Employees subject to the
provisions of this ordinance may be warned, reprimanded, suspended without
pay, demoted, subjected to other disciplinary action, or dismissed from the
municipal service by the City Manager on the basis of merit, fitness or for
cause. Cause shall include but not be limited evidence of any Y of the
following:
1. Incompetence or ineffective performance of duties.
2. Involvement in the commission of a misdemeanor involving moral
turpitude, in the commission of any gross misdemeanor, or in the
commission of any felony offense.
3. Insubordination.
4. Violation of any lawful or official rule, regulation or order, or
failure to obey any lawful direction made and given by a superior.
5. Intoxication on duty or the consumption of alcoholic beverages or
nonprescription drugs on duty.
6. Physical or mental defect which, in the judgment of the appointing
authority, incapacitates the employee from the proper performance
of their duties. (An examination by a licensed doctor may be
required and imposed by the appointing authority.)
ORDINANCE NO.
7. Wanton use of offensive conduct or language toward the public,
municipal officers, superiors or fellow employees.
8. Carelessness and negligence in the handling or of municipal
property.
9. Inducing or attempting to induce an officer or employee of the munici-
pality to commit an unlawful act or to act in violation of any lawful
and reasonable official regulation or order.
10. Soliciting or accepting any gift, gratuity, loan, reward, discount,
ht or offered
sou
- valuable favor, or any such thing of value which i 's g
on a basis reasonably considered to be related to City employment and
not generally available to members of the general public.
11. Deliberately filing or making a false report or official statement.
12. Proven dishonesty in the performance of duties.
13. Violations of the provisions of this ordinance.
14. Holding any other public office or employment which is incompatible
with City employment responsibilities, as determined by the City
Manager.
15. Failure to report any interest arising from any relationship which
may create a substantial conflict of interest with respect to official
duties for the City of Brooklyn Center.
Section 3. This ordinance shall become effective after • adoption and
upon thirty (30) days following its legal publication.
Adopted this day of 19
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be deleted.)
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING
ADMINISTRATIVE PERMITS FOR GASOLINE SERVICE STATIONS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Section 35 -800 of the City Ordinances is hereby amended as follows:
2. Out of door retail sale, storage and display of merchandise or offering
of services when accessory to or promoting a permitted use or a special
use within a nonresidential zoning district as follows:
a. The out of door retail sale, display, and storage of nursery
and garden merchandise including lawn furniture and equipment;
for a period not to exceed 30 consecutive weeks in any one
calendar year. The permit fee shall be $5.
A b. Miscellaneous out of door retail sales or displays or
promotional events for periods not to exceed 10 consecutive
days. Two such 10 day permits may be allowed per premises
per calendar year. The permit fee shall be $2.
c. Gasoline service stations may have miscellaneous out of door
retail sales, displays or promotional events for periods not
to exceed 30 consecutive days. Three such 30 day permits may
be allowed per remises per calendar year. Car wash fund
rai premises
which are not classified as being accessory to or
promoting a service station activity are permitted for periods
not to exceed 1 consecutive days. Four such 10 day p e rmits
is
x 0 v
Y Y p
may be allowed per premises per calendar year. Permit fees
shall be 2.
Section 2. This ordinance shall become effective after adoption and upon
'thirty days (30) days following its legal publication.
Adopted this day of 19
i
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
.(Underline indicates matter to be added).
CITY OF BROOKLYN CENTER
ORDINANCE N0.
AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING
GASOLINE SERVICE STATION SIGNERY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Section 34 -140 Subd. 3 of the City Ordinances is hereby amended
as follows:
34 -140 Subd. 3. Permitted Signs Requiring a Permit.
A. Commercial (C -2) and Industrial -(I -1 and I -2) Districts.
• () Gasoline Service Stations
In addition to other signery permitted by this section of the
ordinance, gasoline service stations shall be entitled to a
f reestanding informational sign on each pump island. The size
of the sign shall not exceed 20 sq. ft. in area and have a
height no greater than 15 feet
.Section 2. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this day of 19
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Underline indicates matter to be added).
CITY OF BROOKLYN CENTER,
ORDINArTCE NO.
AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES REGARDING
A REMO'iI; STATION FIRE ALARM PROTECTIVE SIGNALING SYSTEM
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Section 5 -503 of City Ordinances is hereby amended
in the following mariner
Section 5 -503 ESTABLISHMENT OF REMOTE STATION FIRE ALARM SYSTEM.
There is hereby established a remte station fire alarm protective signaling
system in the City of Brooklyn Center. The remote station shall be located
Bo
ulevard. in City Hall located
west fire station at 6250 Brooklyn ]
[
at the e t
at 6301 Shingle Creekway Parkway.
Section 2. This ordinance shall become effective after adoption
and.upon thirty (30) days following its legal publication.
Adopted this day of 19
Mayor
AT'T'EST
Clerk
Date of Publication
Effective Date
(Underline indicates matter to be added).
[Brackets indicates matter to be deleted]
Member introduced the following resolution
r and moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING PROCEDURES FOR THE USE OF A CONSENT AGENDA
WHEREAS, the City Council must deliberate many agenda items at its
meetings and the time available for such deliberation is severally limited; and
WHEREAS, the City Council desires to have as much time as possible
for the deliberation of significant agenda items which involve establishment
of City policy and goals; and
WHEREAS, some agenda items are of such routine, noncontroversial
nature that they need minimal Council deliberation; and
WHEREAS, the City Council desires to handle these agenda items as
expeditiously as possible in order to provide more time for significant agenda
items; and
WHEREAS, the City Charter provides in Section 3.03 (rules of procedure
and quorum) that the City Council shall determine its own rules and order of
business.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the City Manager is hereby directed to prepare
a consent agenda for each regular Council meeting.
BE IT FURTHER RESOLVED that the consent agenda shall contain those
Items which in the judgment of the City Manager are routine, noncontroversial
items that require Council action but need little or no deliberation.
BE IT FURTHER RESOLVED that the following procedures and rules shall
govern the use of the consent agenda by the City Council:
1. Full copies of the consent agenda will be provided in advance
to both the City Council and the Press, as well as to all
citizens at the Council meeting.
r
2. The consent agenda shall be placed on the Council agenda immediately
after the Open Forum agenda item.
3. Pursuant to Section 3.07 of the City Charter readings of resolutions s
placed on the consent agenda are deemed to be waived by unanimous
consent of the City Council unless any Councilmember objects at
the time the consent agenda is considered.
4." At the request of any individual Council member any item or items
on the consent agenda may be removed from the consent agenda and
place upon the regular agenda for discussion.
r
RESOLUTION NO.
5. A motion to approve the consent agenda will not be debated.
6. The consent agenda shall only be adopted by a unanimous vote
of those Council members present at the meeting.
Date Mayor
•
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
I
Licenses to be approved by the City Council on September 14 ,1981
GAMB LING LICENSE
ale Buchholz 7212 Emerson Ave. N.
Brooklyn Center Jaycees
City Clerk
GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE
Klein Sanitation Company 10690 100th Ave. N.
Sanitarian
MECHANICAL SYSTEM'S LICENSE
T. J. Heating 450 S. Robert St.
T.V. Thompson's Heating & Air Cond. 300 Lake Blvd.
Valley Aire Inc. 7111 W. 126th Ave. t�V
Buildin r fficial
NONPERISHABLE VENDING MACHINE LICENSE
Coca Cola Bottling Midwest Inc. P.O. Box 43268
Silent Knight Security Systems 1700 Freeway Blvd.
D.L. Service Co. 2516 83rd Ave. N.
Lowells Automotive 6211 Brooklyn Blvd.
Sanitarian
PERISHABLE VENDING MACHINE LICENSE
Coca Cola Bottling Midwest Inc. P.O. Box 43268
Hoffman Engineering 6530 James Ave. N.
Sanitarian
r