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HomeMy WebLinkAbout1981 08-24 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER" / AUGUST 24, 1981 t "J. j cr 7:00 p.m.`,: v� 1. Call to Order r 2. Roll Call �- 3. Invocation 4. Approval of Minutes - August 10, 1981 5. Open Forum 6. Subdivision Bond Release - John DeVries for the Earle Brown First Addition 7. Performance Bond Releases /Reductions Releases: « a. Earle Brown Farm Apartments, 1701 69th Avenue North b. Humboldt Square, 6800 Humboldt Avenue North c. Bob Ryan Olds, 6700 Brooklyn Boulevard d. Ewing Square Townhouses, 6200 France Avenue e. Group Health, 6845 Lee Avenue Reductions: a. The Ponds, Plat 6 / ! $. Resolutions: a. Authorizing Execution of a Joint Cooperation Agreement for Community Development Block Grant Program -This resolution would renew the City's agreement with Hennepin County to continue participation in the Community Development Block Grant Program. ,fZ b. Approving Procedural Guidelines for Home Rehabilitation Grant Program �� l c. Accepting Bid and Awarding Contract 1981 -I (Park Building Improvements) r -This work consists of the remodeling of the existing Riverdale Park Shelter Building and the construction of a picnic shelter in Northport o�; " Park. It is recommended the low bid of Superior 77, Incorporated rporated in the amount of $15,587 be accepted. ' d. Accepting Bid and Awarding Contract 1981 -1 (County State Aid Highway 10 Median Reconstruction at Northway Drive) f -It is recommended the bid of C. S. McCrossan in the amount of $27,879.30 be accepted. e. Accepting Bid and Awarding Contract 1981 -K (Reforestation) -It is recommended the bid of Noble Nursery in the amount of $4,125 be accepted. 8 -24 -81 F /471 ` -71 f. Accepting Work Performed Under Contract 1980 -0 (Installation of Traffic Control Signal System at the Intersection of Trunk Highway 252 and 73rd Avenue North) l 7 g. Providing for Public Hearing on Proposed Assessment for the Following l Sal Improvements: Diseased shade tree removals, weed removal, public utility hookups, and delinquent utility assessments. / h. Approving and Authorizing Execution of an Agreement for Professional Services to Conduct an Infiltration /Inflow Analysis of the Sanitary Sewer System -The City received proposals from five consulting engineering firms. Those proposals were then evaluated by a selection committee and interviews were held with the three firms whose proposals rated best. Following the interview, the committee recommended that the City enter into a contract with Donohue & Associates, Incorporated of Minneapolis, Minnesota to conduct and I & I analysis at a total cost not to exceed $82,000. 900 of this-cost will be reimbursed by Federal (EPA) and State (MPCA) grant. It is recommended that the resolution be adopted to approve the proposed agreement and to authorize execution of that agreement subject to MPCA approval. 9. Public Hearing on Special Assessment Roll for the 53rd Avenue North Street I„/ ? and Watermain Improvements (8:00 p.m.) 6 IL - Notices of_ihe proposed assessment and of this hearing have been sent to the owners of all benefited properties. Notice of the hearing has ahso been published in the official paper. 10. Planning Commission Items (8 :15 p.m.) a. Application No. 81054 submitted by ShowBiz Pizza Place, Inc. This _ VI 7 application is an appeal from the determination of the Planning Director that additional land for parking over and above the restaurant formula must be provided for the 10,350 square foot ShowBiz Pizza restaurant. This item was tabled at the August 10, 1981 City Council , meeting to allow the staff time to prepare additional information on the appeal. b. Application No. 81055 submitted by Roberts Construction, Inc. for plan review approval to construct two overhead doors on the east wall of the Spec. III Industrial Building to allow drive- through by Chemlawn trucks. The Planning Commission recommended approval of Application No. 81055 at its August 13, 1981 meeting. c. Application No. 81056 submitted by JoAnn Jorgenson for Subdivision approval to divide the parcel at 6610 Colfax Avenue North into two lots, one 71.88 feet wide and the other 60.1 feet wide. The Planning Commission recommended denial of Application No. 81056 at its August 13, 1981 meeting. d. Application No. 81057 submitted by JoAnn Jorgenson for a variance from Section 35 -400 of the Zoning Ordinance and 15 -106 of the Subdivision Ordinance to create two lots substandard in width and one lot being substandard in area. The Planning Commtission recommended denial of Application No. 81057 at its August 13, 1981 meeting. 8 -24 -81 -2- e. Application No. 81050 submitted by Swenson's Ethan Allen Galleries for a variance from the Sign Ordinance to allow a canopy sign in addition to a freestanding identification sign. This application was tabled by the Planning Commission at its July 30, 1981 meeting with direction to prepare ordinance language. The application for a variance was recommended for denial by the Planning Commission at its August 13, 1981 meeting. A subsequent ordinance amendment was recommended for approval. In conjunction with Application No. 81050 the following ordinance is offered for first reading: An Ordinance amending Chapter 34 of the City Ordinances regarding canopy signs. 11. Ordinances: a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Convenience -Food Restaurants -This ordinance was reviewed by the Planning Commission at its August 13, 1981 meeting and was recommended for approval. The ordinance is offered for first reading this evening. b. An Ordinance Amending Chapter 34 of the City Ordinances Regarding Gasoline Service Station Signery -This ordinance is offered for first reading this evening. C. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Administrative Permits for Gasoline Service Stations -This ordinance is offered for first reading this evening. 12. Discussion Items: a. Proposed Federal Legislation De- regulating the Cable Industry -I£ passed, this bill would prohibit cities from regulating or establishing rates for cable TV services. The staff will be prepared to discuss this matter at the meeting. b. Review of Costs and Special Assessment Data for Improvements in the North Industrial Park District -A public hearing has been scheduled for September 14th on the special assessment rolls for these projects. Because of the total costs of these projects and the complexity of the special assessment determinations, staff will be prepared to discuss this matter in detail. C. League of Minnesota Cities Building Fee -The staff will be-prepared to review the League's building program and fee at the meeting. d. Arbitration Award on Police Scheduling -It is recommended a motion be made by the City Council authorizing an appeal of the arbitrator's decision to District Court. e. Donation of a Police Dog from the Brooklyn Center Lions Club -It is recommended a motion be made by the City Council accepting the donation of a police dog from the Lions Club along with certain training costs. 8 -24 -81 -3- 13. Consideration of Specified Licenses: a. Liquor License for Meriwethers Restaurant 14. Gambling Licenses: a. Application for Class B gambling license from Citizens Band Serving People, Inc. (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) b. Application for a Class B gambling license from Earle Brown Parent Teacher Association (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) C. Application for a Class A gambling license from Duoos Brothers American Legion Post No. 630 (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 16 Adjournment 8 -24 -81 -4- Member introduced the following resolution and moved its adoption: t RESOLUTION NO. t RESOLUTION AUTHORIZING EXECUTION OF A JOINT COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Brooklyn Center, Minnesota and the County of 1 Hennepin have in effect a joint cooperation agreement, County Contract No. 90434, for the purpose of the United States Department of Housing & Urban Development Community Development Block Grant Program; and WHEREAS, the City and the County wish to terminate the agreement and execute a new joint cooperation agreement, County Contract No. 10370: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the current joint cooperation agreement between the City and the County, County Contract No. 90434 be terminated effective September 30, 1981 and a new joint cooperation agreement between the City and the County, County Contract No. 10370, be executed effective October 1, 1981, and that the Mayor and City Manager are hereby authorized to enter into the agreement on behalf of the City. 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. g a , Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE PROCEDURAL GUIDES OF THE URBAN HENNEPIN COUNTY REHABILITATION GRANT PROGRAM WHEREAS, the Brooklyn Center Home Rehabilitation Grant Program as administered by the Brooklyn Center Housing and Redevelopment Authority, has proved to be a valuable tool in maintaining the quality of the City's housing stock; and WHEREAS, the City of Brooklyn Center desires to continue its Home Rehabilitation Grant Program in order to assist low income households main- tain a safe and healthful living environment: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center, Minnesota adopt the "Procedural Guides Urban Hennepin County Housing Rehabilitation Grant Program, July, 1981," as supplied by the Hennepin County Office of Planning and Development, for the purpose of i providing housing rehabilitation grants to eligible homeowners within the City funded from the Urban Hennepin County Community Development Block Grant Program except that the maximum annual income limit be set at the Section 8 m limits current as of income August 1, 1981. 9 W- Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being take n thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. d i f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (IMPROVEMENT PROJECT NOS. 1981 -22 AND 1981 -23: CONTRACT 1981 -I) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. (s) 1981 -22 and 1981 -23, bids were received, opened, and tabulated by the City Clerk and City Engineer, on the 20th day of August, 1981. Said bids were as follows: Bidder Bid Amount Dean & Associates, Inc. $26,450.00 Glanton Construction Co. 19,312.00 Kloster Madsen, Inc. 19,875.00 G. G. Kranz & Sons, Inc. 19,006.00 Landborg Brothers 21,586.00 Don G. Morin 17,290.00 Superior 77, Inc. 15,587.00 TCM Construction, Inc. 21,983.00 Western Construction 22,500.00 WHEREAS, it appears that Superior 77, Inc. of Bloomington, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of -.. Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract in the amount of $15,587.00 with Superior 77, Inc. of Bloomington, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. (s) 1981 -22 and 1981 -23 according to the plans and specifications therefore 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 until a contract has been signed. 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. Member introduced the following resolution and moved its adoption: r RESOLUTION NO. RESOLUTION ACCEPTIIr BID RD APPROJIM CONTRACT FORM (STRFET IMPROVE= PROJECT NO. 1981 -17 - C.S.A.H. 10, COUN?'RACT 1981 -J) WHEREAS, pursuant to an advertisement for bids for Improvement t Project No. 1981 -17, bids were received, opened, and tabulated by the City Clerk and City Engineer, on the 20th day of August, 1981. Said bids were as follows: Bidder Bid Tmunt C. S. McCrossan, Inc. $27,879.30 Thomas and Sons Con- $29,333.00 struction Co., Inc. Hardrives, Inc. $32,485.10 WHEREAS, it appears that C. S. McCrossan, Inc. of Osseo, Minnesota, is the lowest responsible bidder. NOW, FORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to ' enter into the attached contract in the amount of $27,879.30 with C. S. McCrossan, Inc. of Osseo, Minnesota, in the name of the City of Brooklyn Center, for Improvement Project No. 1981 -17 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 until a contract has been signed. BE IT FURTHER RESOLVED that: 1. The estimated total cost of Improvement Project Na. 1981 -17 is hereby amended from $32,490.00 to $36,127.92.. The estimated cost is comprised of the following: As Ordered As Amended Contract $21,820.00 $27,879.30 Engineering 1,964.00 2,509.14 Administrative 218.00 278.79 Legal and Bonding 218.00 278.79 Interest 3,270.00 4,181.90 Utility Relocation 5,000.00 1 Total Estimated Cost $32,490.00 $36,127.92 r i i RESOLUTION N0. 2. Zhe estimated costs to be financed will be: As Ordered As Amended Special Assessments $32,490.00 $36,127.92 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by manber , and upon vote being taken thereon, the following voted in favor thereof: and the following - .noted against the same: whereupon said resolution vas declared duly passed and adopted. E i I l Member introduced the following resolution and moved its adoption: RESOIZJTION NO. ` RESOL[JTION ACCEPTIIC BID AID APPROVUI CONTRACT FORM, REFORESTATION PROJECT NCB. 1981 -24 (CON' = 1981 -K) WHEREAS, pursuant to an advertisement for bids for Reforestation Project No. 1981 -24, bids were received, opened, and tabulated by the City a Clerk and City Engineer, on the 20th day of August, 1981. Said bids were s as follows: Bid Amount Alternate 1 Alternate 2 Bidder (Skyline Locust) (Greenspire Linden) Noble Nursery, Inc. $4,500.00 $4,125.00 Grygelko Company $4,500.00 $4,500.00 Mickman Brothers Nurseries, Inc. $4,725.00 $4,725.00 Midwest Landscaping $5,625.00 $5,625.00 Hoffman & McNamara Co., Inc. $6,993.75 $7,443.75 e Natural Green, Inc. $8,925.00 $8,925.00 _ a W[]EEZEAS, it appears that Noble Nursery, Inc. of Blaine, Minnesota is I the lowest responsible bidder. 1,M, THEREFORE, BE IT RESOLD BY THE CITY COUNCIL Of the City Of Brooklyn Center, Minnesota: 1. 'The Mayor and City Manager are hereby authorized and directed to enter into the attached contract in the amount of $4,125.00 (for Alternate No. 2) with Noble Nursery, Inc. of Blaine, Minnesota, in the name of the City of Brooklyn Center, for Reforestation Project No. 1981 -24, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. r 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 until a contract has been signed. BE IT FURTHER RESOLVED that: 1. The estimated costs will be financed by: _ As Bid General Fund Budget $4,125.00 Date Mayer 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. f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCE PTIM WORK PERFORMED U=R CONTRACT 1980-0 WHMFA.S pursuant to written Contract 1980 -0 signed with the City of Brooklyn Center, Minnesota, C. S. McCrossan, Inc. has satisfactorily completed the following improvement in accordance with said contract: Project 1980 -08: Traffic Control Signal System at T.H. 252 and 73rd Avenue North NOW, U EREFORE, BE IT RESOLVED BY 213E CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract, change orders is accepted and approved. original Award $99,377.00 Change Order #1 616.00 Change Order #2 150.00 TOTAL $100,143.00 .f 2. The value of work performed is less than the original contract and change order amount by $6,677.55 due to a general overestimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $93,465.45. fi 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 follow- F ing 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: t ` RESOLUTION NO. RESOLUTION PROVIDING FOR HEARING,, ON PRPROPOSED ASSESSMENTS ON SEPTEMBER 28, 1981 i BE IT RESOLVED BY THE CITY COUNCIL CF THE CITY OF BROOKLYN CENTER, MINNESOTA: I. A hearing shall be held on the 28th day of September, 1981, in the City Hall at 8:00 P.M. to pass upon the proposed assessments for the following charges: Public Utility Water Hookups and Diseased Shade Tree Removal Costs and Delinquent Weed Destnzction Accounts and Delinquent Public Utility Accounts } at such time and place all persons owning property to be assessed for such charges will be given an opportunity to be heard with ` reference to such assessments. I I 2. The City Clerk with the assistance of the City Engineer, shall forthwith prepare assessment rolls for the above charges, and shall keep tha: on file and open to inspection by any interested persons. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. i 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. Date Mayor ATTEST: Clerk Zhe motion for the adoption of the foregoing resolution was duly seconded by s 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: I RESOIJJTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AG=4ENT FOR PROFESSIONAL SERVICES TO CONDUCT AN INFILTRATION /INFLOW I ANALYSIS OF THE SANITARY SEWER SYSTE14 t WHEREAS, pursuant to Resolution No. 81 -145, adopted on July 27, 1981, the City has received proposals from consulting engineering firms, and those proposals have been evaluated by a Consultant Selection Ccm all in accordance with 40CRF35; and r WHEREAS, the Consultant Selection Committee has recommended that the City select the firm of Donohue and Associates, Inc. to conduct an In- filtration /Inflow Analysis of the sanitary sewer system for the City of Brooklyn Center. i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA, THAT: I (1) the contract for professional services with Donohue and Associates, Inc. to conduct an Infiltration /Inflow Analysis at a cost not to exceed $82,000 is hereby approved. { (2) the Mayor and City Manager are hereby authorized and directed to execute said agreement on behalf of the City of Brooklyn Center, upon receipt of approval of that agreement by the Minnesota Pollution Control Agency. E 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. Member introduced the following resolution and moved its adoption: s RESOLUTION NO. V -J* RESOLUTION ADOPTING ASSESSMENT OF 53RD AVENUE STREET IMPaVEMENT PROJECT 1978 - 38 & 39 AND WATER MAIN UIpROVEMEN PROJECT 1979 -1 WHEREAS, the City Clerk, with the assistance of the City Engineer, t 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 improvements: Improvement Project Nos. 1978 -38 & 39 Street grading, base, and surfacing- curb and gutter; and sidewalk on the north half of 53rd Avenue North from. 4th Street North to Penn Avenue North 7mprove�nent Project No. 1979 -01 Water main along 53rd Avenue North from Bryant Avenue North to 4th Street North, and WHEREAS, such proposed assessments have been on file with the City Clerk and open to inspection and copying by all persons interested, and W M:TAS, 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 assessments, 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 as follows: a. Improvement Project Nos. 1978 -38 & 39 extending over a period of ten years b. Improvement Project No. 1979 -1 extending over a period of twenty 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 ammo. from September, 1981, until the amounts have been paid in full. To the first installment shall be added interest on the entire assessment for sixteen months from September, 1981, until December 31, 1982. Th each subsequent in- stallment when due shall be added interest for one year on all un- paid 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 RESOLUNON NO. 4 charged if the entire assessment is paid within 30 days fran µ the adoption of this resolution; and he may, at any time there - after, pay to the City Treasurer the entire amount of the ra assessment re fining 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. C 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. r 1 Date Mayor ATTEST: j i 'Ihe motion for the adoption of the foregoing resolution was duly seconded by mauber 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 t CITY OF BROOKLYN CENTER ORDINANCE NO. 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: Canopy - 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 provide cover for entrances, exits, walkways, and approved off - street vehicle service areas such as gasoline_ stations, drive -in establishments, and loading berths,. Sign, Canopy - An identification sign affixed t o a canopy marquee. Suc ident sce nery shshall be considered a t of wall sign provided the canopy or marquee) and the sign upon it m eet the requirements of Section 34 -140 Subd. 3. In other cases, canopy signs shall be considered either roof signs or freestanding signs and are interchangeable with such signs. Section 2. 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. ) Can Signs Individual and clustered establishments or e nterprises and multi- story office buildings may have canopy suns, to be considered a 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 by the Building Official to be an integral part of the building. (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 parallel to the wall to which it is attached. f) The area of the sign for individual and clustered establish- ments does not exceed thirty percent 307T of the canopy fac 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 n exceed ten percent 10`',` of the canopy face or elevation which is parallel to the wall to which it is attache ORDINANCE N0. The sign in all other respects is consistent with the provis of this ordinance for wal 1 signs. B. Commercial (C -1 and C -1A) Districts. Canopy Signs Individual and clustered establishments or enterprises and multi- story office buildings may have canopy signs, to be considere a type of wall sign, if the following conditions are met: The same conditions for can signs as set fo in Section 3 4 -140, 3 A 4 paragraphs a through Tel are met. (b) The area of the sign does not exceed ten percent (10 %) of t canopy face or elevation which is parallel to the wall to which the canopy is attached. (c) The sign in all other respects is consistent with the provisions of this ordinance for wall signs. 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 matter to be added). CITY OF BROOKLYN CENTER ORDINANCE N0. 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: 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 consumption either within the premises o 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 e dible containers or in paper, plastic, or other disposable containers. 2. The customer is not served food at his /her table by a employee but receives it at a counter, window, or similar facility 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 N0. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates matter to be added). I CITY OF BROOKLYN CENTER i ORDINANCE NO. 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 additio 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 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 ORDINANCE N0. 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. 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 ear. The permit fee shall be P 2. Y p $ 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 premises per calendar year. Car wash fund raisers which are not classified as being accessory to or promoting a service station activity are permitted for periods not to exceed 10 consecutive days. Four such 10 day permits may be allowed per premises per calendar year. Permit fees shall be 2. Section 2. This ordinance shall become effective after adoption and upon I� 'thirty days (30) days following its legal publication. Adopted this day of 19 Mayor � ATTEST: Clerk Date of Publication Effective Date (Underline indicates mattes to be added). Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OPPOSING FEDERAL LEGISLATION PROHIBITING MUNICIPALITIES AND STATES FROM REGULATING OR ESTABLISHING RATES FOR CABLE TELEVISION SERVICES WHEREAS, United States Senate, S. 898 will eliminate rate regulation by municipalities, the State, or any other level of government; and WHEREAS, rate regulation is an important tool for cities to use in administering a cable television franchise to assure adequate service for cable subscribers; and WHEREAS, rate regulation is an important means of assuring that the cable operator provides the proper equipment, manpower, and financing necessary for community access and local programming; and n WHEREAS, the Northwest Suburbs Cable Communications Commission is a Commission comprised of nine communities in the northwest suburbs of the Minneapolis Metropolitan area including Brooklyn Center, Brooklyn Park, Golden Valley, Plymouth, New Hope, Crystal, Robbinsdale, Osseo, and Maple Grove; and WHEREAS, the Northwest Suburbs Cable Communications Commission at its July 27, 1981 meeting passed a motion in opposition to the S. 898: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Council opposes the passage of United States Senate, S. 898 which would eliminate rate regulation of cable television services by municipalities, the State,'or any other level of government. E Date Mayor w 4 ATTEST: f s Clerk The motion for the adoption of the foregoing resolution was duly seconded by y member and upon vote being taken thereon, ` the following,voted in favor thereof: and the following voted against the same: k whereupon said resolution was declared duly passed and adopted. i f I Licenses to be approved by the City Council on August 24, 1981 FOOD ESTABLISHMENT LICENSE Meriwethers 2101 Freeway Blvd. Sanitarian GAMBLING LICENSE Brooklyn Center American Legion Post 4307 70th Ave. N. Citizens Band Serving People (CBSP) 4637 Winnetka Ave. N. Earle Brown School P.T.A. 6024 Camden Ave. N. City Clerk JW TV GARBAGE AND REFUSE HAULERS LICENSE MCS Refuse, Inc. 10050 Na p les St. N.E. Sanitarian ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Lioness 5541 Knox Ave. N. n� Q- Fabian Seafood Co. P.O. Box 1405 Sanitarian . MECHANICAL SYSTEM'S LICENSE „H.O. Soderlin 3731 Chicago Ave. Buildin fficial NONPERISHABLE VENDING MACHINE LICENSE �. Marc's Budgetel 6415 James Circle N. Sanitarian AD • PERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. • Hoffman Eng. 6530 James Ave. N. - �A Sanitarian RENTAL DWELLING LICENSE Initial: James & Bobbie Simons 6109,11,13 Beard Ave. Jeffrey K. Vest 5557 Knox Ave. N. Wally Scheer 6930 Newton Ave. N. Gerald Theis 6719 Toledo Ave. N. Renewal: Gene M. Proctor 6006 Ewing Ave. N. Gary Scherber 5800 & 5830 Logan Ave. Henry Ulhorn 5207 Twin Lk. Blvd. E. Edward & Barbara Orndorf 6821 W. River Rd. Thomas & Bill Howe 3112 49th Ave. N. Thomas & Bill Howe 3129 49th Ave. N. Robert C. Johnson 905 61st Ave. N. M. P. Evanson 711 69th Ave. N. Director of Planning and Inspection