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HomeMy WebLinkAbout1981 08-10 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER AUGUST 10, 1981 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes - July 27, 1981 5. Open Forum 6. Presentation of Resolutions Recognizing the Public Service of Al Lindman and Frank "Cap" Smith, Jr. 7. Final Plat Approval - Howe Addition 8. Resolutions: a. Endorsing the Northwest Hennepin Human Services Council's Report } % dl of Recommendations for the 1982 Community Services Department Budget b. Accepting Bid and Awarding Contract No. 1981 -H (Freeway Boulevard, Improvements: 1981 -18 - Street Improvements, 1981 -19 Sidewalk(, Improvements, 1981 -20 - Storm Sewer Improvements) 4 1 r -It is recommended the bid of Thomas & Sons Construction in the amount of $98,395.80 be accepted. C. Accepting Work Performed Under Contract 1980 -H - Central Park Athletic p 1 _ Field Lighting Project d. Approving Supplemental Agreement No. 1 to Contract 1980 -P, 67th Avenue,$ -�``� ` North Storm Sewer Extension e. Establishing Trail Project 1981 -25 -This resolution comprehends the grading of the exercise stations on a` the F & M exercise trail. f. Approving Plans and Specifications and Directing Advertising for Bids,_r - Contract 1981 -L (Central Park, Garden City Trail Project 1981 -15 and r F & M Exercise Trail Project 1981 -25) g. Approving Purchase of Vacuum Cleaning System for Swimming Pool proposed to -It is purchase this equipment utilizing a portion of the unexpended capital outlay funds from the purchase of the new stainless steel lockers which came in at $15,000 under budget. The cost of the vacuum cleaning system is $2,390. h. Approving Amendment to Hennepin g pin County Criminal Justice Coordinating Council Bylaws -This resolution would increase the representation of private sector agencies on the Council from four to six. CITY COUNCIL AGENDA -2- August 10, 1981 f i. Authorizing Sale of Forfeited Lands -This item comprehends the property in Bellvue Park which has been reconveyed to the State of Minnesota for public sale. 9. Consideration of Special Assessments for Street Improvements within the North Industrial Park Assessment District a. Resolution Declaring Costs to be Assessed, Combining Projects and , r Ordering Preparation of Assessments for the Following Projects:' 1978 -06 Shingle Creek Parkway bridges over Shingle Creek 1978 -45A Shingle Creek Parkway grading from Freeway Boulevard to 69th Avenue North 1978 -45B 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 b. Resolution Providing for Hearing on Proposed Assessments for Street S' Improvements within the North Industrial Park Assessments District 10. Consideration of Special Assessments for Storm Sewer Project No. 1979 -05 (Installation of Storm Sewer on Shingle Creek Parkway from City Garage to Shingle Creek and on Shingle Creek Parkway from Xerxes Avenue to Shingle Creek) a. Resolution Declaring Costs to be Assessed and Ordering Preparation of,.4 Assessments b. Resolution Providing for Hearing on Proposed Assessments X0 11. Consideration of Special Assessments for Storm Sewer Project 1981 -1 (Installation of Storm Sewer on Freeway Boulevard between Xerxes Avenue and Shingle Creek Parkway) a. Resolution Declaring Costs to be Assessed and Ordering Preparation :Y/ of Assessments b. Resolution Providing for Hearing on Proposed Assessments 12. Consideration of Special Assessments for Sidewalk Project 1981 -19 (Installation of Sidewalk on South Side of Freeway Boulevard between Xerxes Avenue and Shingle Creek Parkway) a. Resolution Declaring Costs to be Assessed and Ordering Preparation kle" of Assessments b. Resolution Providing for Hearing on Proposed Assessments r 13. Planning Commission Items (8:00 p.m.) a. Application No. 81047 submitted by Mel Boyd /Erlmar Properties to rezone from C -1 to R -4 the south 40 feet of Lot 3 (addressed as 6123 Beard Avenue North), PBC 1st Addition. A preliminary plat to combine this land with Lot 4 (addressed as 6117 Beard Avenue North), PBC lst Addition, presently zoned R -4, was approved by the City Council on July 13, 1981, subject to approval of-this application. The Planning Commission recommended approval of Application No. 81047 at its July 16, 1981 meeting. The City Council tabled consideration of Application No. 81047 at its July 27, 1981 meeting to allow the staff and the applicant time to resolve the access issue on the project. z , CITY COUNCIL AGENDA -3- August 10, 1981 y b. Application No. 81052 submitted by Dominion Development for site and building plan approval to construct a 62,621 square foot retail shopping center at the southwest corner of Earle Brown Drive and Summit Drive. The Planning Commission recommended approval of Application No. 81052 at its July 30, 1981 meeting. C. Application No. 81054 submitted by ShowBiz Pizza Place, Inc. The 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. The application and appeal was denied by the Planning Commission at its July 30, 1981 meeting., In conjunction with Planning Commission Application No. 8 054 the y following ordinance amendment is recommended for a first reading this evening: An Ordinance Amending Chapter 35 Regarding Required Parking Spaces 14. Ordinances: a. An Ordinance Amending Chapter 35 of the City Ordinances R g P Y g g 0��t�v� Accessory Structures in the R -1 and R -2 Districts .w { This ordinance was first read on July 13, 1981, published on July 23, 1981 and is recommended for a second reading this evening. b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the. Assembly of Electric Powered Vehicles in the I -1 and I -2 Zones -This ordinance was first read on July 13, 1981, published on July 23, 1981, and is recommended for a second reading this evening. C. An Ordinance Amending Chapter 17 of the City Ordinances Relative_ to Personnel Policies -This ordinance would amend the layoff, discipline, and dismissal sections of the Personnel Ordinance and is offered for a first reading this evening. 15. Liquor Store Lease Renewal for Northport Liquor Store -It is recommended a motion be made by the City Council approving the lease renewal. 16. Discussion Items: a. Operational Changes in the Water Supply System -In an attempt to reduce periodic problems with taste, odor, and dis- coloration of the City's water supply, two steps are being taken: 1. Return to the use of polyphosphates 2. Initiation of hydrant flushing program The Public Utility Superintendent will be prepared to discuss this program at the Council meeting. b. Service Station Signery -The City Council requested the staff to review the-City's Sign Ordinance with regard to service station signery at the June 22, 1981 City Council meeting. The Director of Planning & Inspection will be prepared to discuss this item at the Council meeting. T Y CITY COUNCIL AGENDA -4- August 10, 1981 17. Licenses 18. Adjournment i i i x r 1 Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ENDORSING THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL'S REPORT OF RECOMMENDATIONS FOR THE 1982 COMMUNITY j SERVICES DEPARTMENT BUDGET t WHEREAS, Hennepin County has contracted with the Northwest Hennepin Human Services Council to be the vehicle for citizen participation for Community 1 Social Services Planning; and I WHEREAS, the Human Services Council has sought the involvement of t individuals and community groups from the City of Brooklyn Center and other municipalities participating in the Northwest Hennepin Human Services Council; and r WHEREAS, the endorsement of the Human Services Council's recommendations will strengthen the credibility and impact of the Report of Recommendations for the i 1982 Community Services Department Budget; j i NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Council endorses the Northwest Hennepin 4 Human Services Council's (report of recommendations for the 1982 community services department budget, as part of the CSSA citizen participation process); i BE IT FURTHER RESOLVED that the City Council of the City of Brooklyn Center, Minnesota, supports the efforts of the Northwest Hennepin Human Services Council to bring these recommendations to the attention of the Hennepin County Board of Commissioners. 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AC =TING BID AND APPROVING CONTRACT FORM (STREET IMPR VL - ,, 1E(VT PROJECT NO. 1981 -18, SIDEWALK IMPFUM1ENT PROJECT NO. 1981 -19, STORM SEWER IMPROVEMENT PROJECT NO. 1981- 20-- FREEVAY BOULEVARD: CONTRACT 1981 -H) WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1981 -18,19 and 20, bids were received, opened, and tabulated by the City Clerk and City Engineer, on the 6th day of August, 1981. Said bids were as follows: Bidder Bid Amount Thomas and Sons, Construction, Inc. $ 98,395.80 C.S. McCrossan, Inc. 102,762.82 Forest Lake Contracting 111,343.90 Northwest Asphalt 125,883.60 Shafer Contracting, Inc. 128,151.00 Hardrives, Inc. 157,834.65 WAEREAS, it appears that Thomas and Sons Construction, Inc. of Osseo, AEI, is the lowest responsible bidder. NOW, =EF'ORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyr Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to ente- into the attached contract in the aunt of $98,395.80 with Thomas & Sons Construction Inc. of Osseo, MN in the name of the City of Brooklyn Center, for Improvement Project Nos. 1981 - 18,19, and 20 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 forthwith 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: I 1. The estimated total cost of the Improvement Projects is amended according to the following schedule: STREF,r IMPROVEMENT PROJECT 1981 -18 As Estimated As Bid Contract $104,134.00 $73,321.80 Engineering 9,373.00 6,598.96 Administrative 1,041.00 733.22 Legal and Bonding 1,041.00 733.22 Interest (12% per year over 15 nos.) 15,620.00 0.00 TOTAL $131,209.00 $81,387.20 f r 7 i RESOLUTION NO. r SIDEWALK. IMPRaMlWT PROJECT 1981 -19 As Estimated As Bid Contract $6,239.00 $8,220.00 Engineering 562.00 739.80 Administrative 62.00 82.20 Legal and Bonding 62.00 82.20 Interest (12o per year over 15 mos.) 936.00 0.00 TOTAL $7,861.00 $9,124.20 STORM S0A IMPROVEMENT PROJECT 1981 -20 As Estimated As Bid Contract $23,161.00 $16,854.00 Engineering 2,084.00 1,516.86 Administrative 232.00 168.54 Legal and Bonding 232.00 168.54 Interest (12o per year over 15 mos.) 3,474.00 0.00 TOTAL $29,183.00 $18,707.94 2. The accounting for the projects will be done in the Special Assessment Fund. 3. The estimated costs to be funanced from said Special Assessment Fund will be as listed below: Improvement Project 1981 -18; $81,387.20 LJ Improvement Project 1981 -19; $9,124.20 Improvement Project -20; $18,707.94 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by menber 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. r , Member introduced the following resolution and moved its adoption: i RESOLUTION NO. E RESOLUTION ACCEPTING woRK PERropm D UNDER CONTRACT 1980 -H t WHEREAS, pursuant to written Contract 1980 -H signed with the City of Brooklyn Center, Minnesota, Hayes Contractors, Inc. has satisfactorily ccnpleted the following improvement in accordance with said contract: a Athletic Field Lighting System Portion of Central Park Facilities Project No. 1980 -09. 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: i 1. The work completed under said contract, change orders, is accepted and approved. Original Award $132,600.00 Change Order #1 927.69 Change Order #2 250.00 Change Order #3 - 1,200.00 4 TOTAL $132,577.69 t 2. The value of work performed is equal to the original contract and change orders. 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 $132,577.69. BE IT FURTHER RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. There is appropriated the stun of $1,177.69 for the listed change orders. 2. The appropriation will be financed by: Capital Projects Fund (Fund No. 25) $1,177.69 Date Mayor AT'T'EST: Clerk 5 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: i d f T and the following voted against the same: `. Whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution i and moved its adoption: RESOLUTION NO. RESOLUTION PFRTATNI133 'Tl7 SUPPLIIvJElJrlM PGREIIMENT NO. 1, 1MPRO M14EW PROJECT NO. 1980 24, CONTRACT 1980 -P i MMEAS, the City Council entered into Contract 1980 -P with Thomas & Sons Construction, Inc., for the construction of Improvement Project No. 1980 -24, and WHERFAS, the City Enqineer has determined that certain modifications be made to the contract to facilitate the construction of the project, said modifications ; being as follows: f (1) Construct impervious trench dam around sewer at approximately Station 12 + 00 y (2) Construct subdrain for groundwater level control at Station 0 + 81 (3) F & I 16 linear feet of 60" RC pipe sewer (4) F & I 19 linear feet of 72" RC pipe sewer (5) F & I 1" diameter rock as trench foundation 1%1E 2FAS, the Contractor, Thomas and Sons Construction, Inc., has agreed to the prices for the modification as noted above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the above modifications to Improvement Project No. 1980 -P are approved. BE IT FURTHER RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. There is appropriated the sum of $8,114.20 for the additional costs. 2. The appropriation will be financed by: Special Assessments $6,671.00 Other (Direct Billing to Developer) 1,443.20 TOTAL $8,114.20 Date Mayor ATTEST: Clerk t 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 ESTABLISHING EXFJRCISE STATION IMPROMY04T PROJECT NO. 198 -25 WHJ=AS, the City Council has received a financial donation for the purchase of exercise apparatus at exercise stations along the Central Park/ Garden City Pedestrian trail; and WHEREAS, the City Council deems it in the best.interests of the City to provide said exercise stations along said trail. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The following project is established in order to provide for said improvement: Project 1981 -25: Exercise Station Improvement Project 2. The accounting for said improvement will be done in the Capital Improvement Fund. 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 r . Member introduced the following resolution ' and its adoption: RESOLUTION NO. r RESOLUTION APPROVING PIANS AND SPECIFICA'T'IONS AND DIRICTING ADVERTISaE NT FOR BIDS FOR CENTRAL PARK/ ., GARDEN CITY PARK PEDESTRIAN TRAIL IMPKGVFNiF FI' PROJECT NO. 1981 -15 AND EXERCISE STATION D PRCJVENIENT PROJECT N0. 1981 -25 (CONTRACT 1981 -L) WHEREAS, the City Engineer has estimated the cost for the construction of the Central Park /Garden City Park Pedestrian trail and exercise stations to be as follows: Central Park /Garden City Park Pedestrian Trail Improvement Project No. 1981- 15:$54,770 Exercise Station Improvement Project No. 1981 -25: $8,880.00 Nal, THEREFORE, BE IT RESOLVED By THE CITY C CUNCIL of the City of Brooklyn Center, Minnesota: 1. The plans and specifications for Contract 1981 -L for the following improvements as prepared by the City Engineer are hereby approved and ordered filed with the City Clerk: Central Park /Garden City Park Pedestrian Trail Improvement Project No. 1981 -15 Exercise Station Improvement Project No. 1981 -25 2. The Ci ty prepare Clerk shall and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement'shall appear not less than seven (7) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 A.M. on September 10, 1981, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M. on September 14, 1981, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, to the Ci of 5 or certified check payable ty, pe rcent of the amount of such bid. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by r member , and upon vote being taken thereon, the foll ing voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. r Member introduced the following resolution and adoption: RESOLUTION NO. RESOLUTION APPROVING AMENDMENT TO HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL BYLAWS r WHEREAS, the City of Brooklyn Center recognizes the need for criminal justice planning and coordination on a countywide basis; and WHEREAS, the City of Brooklyn Center therefore participated by Resolution No. 76 -176 and Resolution No. 80 -65 authorizing its membership in the Hennepin County Criminal Justice Coordinating Council; and WHEREAS, the Hennepin County Criminal Justice Coordinating Council has proposed an amendment to the Coordinating Council's Operational Bylaws wherein representation from private sector agencies would be increased from four to six positions so as to enhance the Council's ability to more accurately reflect community interest and needs: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Council does approve this amendment to the Operational Bylaws of the Hennepin County Criminal Justice Coordinating Council. 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. j i i t' Member introduced the following resolution and ' moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING SALE OF FORFEITED LANDS WHEREAS, pursuant to Minnesota Statutes Section 282.01, Subdivision 1, the State of Minnesota, as trustee under Minnesota Statutes, Section 281.25, to the Ci of Brooklyn Center the day of August, 1967 conveyed Y on the 11th Y g public use; se; and lands hereinafter described, to be used for an authorized p WHEREAS, the City of Brooklyn Center failed to put such land to the public use for which it was conveyed and has now reconveyed said lands to the State of Minnesota, as such trustee; and WHEREAS, by Resolution No. 81 -104 the City Council of the City of Brooklyn Center authorized its Mayor and City Manager to execute an indenture between the City of Brooklyn Center, as party of the first part, and the State of Minnesota, as trustee as party of the second part, for the purpose of re conveying unto the said party of the second part all the tract or parcel of land lying and being in the County of Hennepin in the State of Minnesota, described as follows, to wit: 02- 118 -21 -34 -0002 1 of Nine (9), �- -; South half (S-�) of East 50 feet of West 150 feet, L Block Three (3), Bellvue Acres, Hennepin County, Minnesota, I in trust as provided by Minnesota Statutes, Section 281.25, upon like conditions ed to said party of the had not been conveyed and with like effect as if said lands Y first part as aforesaid;, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, acting pursuant to Minnesota Statute 282 that the sale of the above described parcel of land is hereby approved. Date Mayor i i 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 Member introduced the following resolution and moved its adoption: RESOIUTION NO. i RESOLUTION CONSOLIDATING BRIDGE IMPROVEME11T PROJECT NO. 1978 -06, GRADING IMPROVE SENT PROJECT 1 10. 1978 -45A, STREET GRADING, BASE, AND SURFACING IMPROVEI` F PROTECT NO. 1978 -45B, CURB AND GUTTER AND SIDEWALK LrIPRUM4ENTT PRO,= NO. 1978 -46, STREET IMPROVEMENT PROJECT NO. 1979 -06 (SHINGLE CREEK PA.RKIAY) AND STREET IMPRUM -TENT PROJECT NO. 1981 -18 (FREEWAY BOULEVARD), DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT WHEREAS, Resolution Nl. 70 -90, adopted by the Brooklyn Center City Council on July 13, 1970, established assessment districts within the Industrial Park; and WHEREAS, Improvement Projects Nos. 1978 -06, 1978 -45A, 1978 -45B, 1978 -46, 1979 -06, and 1981 -18 have been or are proposed to be constructed within and attributable to the same determined assessment districts; and { WHEREAS, Minnesota Statutes Chapter 429 and 435.56 authorize the consolidation as said public improvement projects; and WHEREAS, construction of Improvement Project 1978 -06 is complete and the tabulated costs are: Construction $640,068.12 Engineering ( @ 9% of Construction Cost) 57,606.13 t o Administration (@ 10 of Construction Cost) 6,400.68 G Interest 106,571.34 Legal and Bonding ( @ 1% of Construction Cost) 6,400.68 4_ so that the total cost of this improvement is $817,046.95; and WHEREAS, construction of Improvement Project 1978 -45A is complete and the tabulated costs are: Construction $512,291.40 Engineering (@ 9% of Construction Cost) 46,106.23 Administration (@ 1% of Construction Cost) 5,122.91 Interest 90,982.95 Legal and Bonding (@ 1% of Construction Cost) 5,122.91 ` so that the total cost of this improvement is $659,626.40; and WHEREAS, construction of Inprovement Projects 1978 -45 and 1978 -46 is complete and the tabulated costs are: Construction $404,855.74 Engineering (@ 9% of Construction Cost) 36,437.02 Administration (@ 1% of Construction Cost) 4,048.56 Interest 44,190.00 { Legal and Bonding (@ 1% of Construction Cost) 4,048.56 t Other (sprinkler system) 5,003.00 so that the total cost of these improvement projects is $498,582.88; and I RESOLUTION NO. MIERFAS, Project 1979 -06 has been placed under construction in accordance with Agreement No. 59356 with the State of Minnesota Department of Transportation and the estimated costs are: Construction $71,306.84 Engineering ( @ 9% of Construction Cost) 6,417.62 Administration (@ to of Construction Cost) 713.07 Interest 11,015.13 Legal and Bonding ( @ to of Construction Cost) 713.07 so that the estimated total cost of the improvement project is $90,165.73; and ` VeHMEAS, Improvement Project 1981 -18 has been placed under contract (Contract No. 1981 -H) and the estimated costs are: Construction $73,321.80 Engineering (@ 90 of Construction Cost) 6,598.96 Administration (@ to of Construction Cost) 733.22 Interest 0.00 Legal and Bonding (@ to of Cbnstruction Cost) 733.22 so that the estimated total cost of theis improvement is $81,387.20 NOP1, THM2EFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. Improvement Project No. 1978 -06, 1978 -45A, 1978 -45B, 1978 -46, 1979 -06, and 1981 -18 are hereby consolidated into one project for all subsequent proceedings. 2. The total cost of this improvement is $2,146,809.16 3. The portion of cost of such improvement to be paid by the City is hereby declared to be $649,401.89, the portion of the cost to be assessed against benefitted property owners in the Industrial Park area north of F.A.I. 94 is hereby declared to be $1,462,213.78, and the portion of the cost (of Improvement. Project 1979 -06) to be assessed against benefitted property owners in the Industrial Park area south of F.A.I. 94 is hereby declared to be $35,193.49. 4. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the Industrial Park area north of F.A.I. 94 without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by der , and upon vote being taken thereon, the following voted in favor therof: and the following voted against the same: ra si-1 Tone rl,1 nrM r1ii1v nnSSPd anc3 adotated. Member introduced the following resoluti.nn ` and moved its adoption: RESOLUTION T'ION NO . RESOLUTION PROVIDING FOR 11EARII`'G ON PROPOSED ASSESSMENT FOR IMPR9, E.'NT PRC=T NOS. 1978 -06, 1978 -45A, 1978 -45B, 1978 -46, 1979 -06, AND 1.981 -18 (SHINGLF CREEK PARKWAY) BE IT RESOLVED BY THIS CITY COUNCIL CF THE CITY OF BROOKLYN CENTER, MINNESOTA: 1. A hearing shall be held on the 14th day of September 1981, in the City Hall at 8:00 P.M. to pass upon the proposed assessments for the following improvement: Shingle Creek Parkway Improvements Projects 1978 -06, 1978 -45A, 1978 -45B, 1978 -46, 1979 -06 and 1981 -18 at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 2. The City Clerk is directed to cause a notice of the hearing on the proposed assessments to be published once in the official news - paper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. 3. The City Clerk shall cause mailed notice to be given to the ow:zer of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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 therof 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 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION s OF PROPOSED ASSESSINIEINT FOR I4PRWIMENT PROJECT NO. 1979 -05 (SHINGLE - CREEK PAPYVaY STOW AND SKIER) WHEREAS, construction of Improvement Project No. 1979 -05 is ocr-plete and } the tabulated costs are: Construction $131,906.00 Engineering (@ 9% of Construction Cost) 11, 871.54 Administration (@ 1% of Construction Cost) 1,319.06 L Interest 21,230.27 Legal and Bonding (@ to of Construction Cost) 1,319.06 Other 0.00 so that the total cost of the improvement will be $167,645.93 NOW, Tfi=ORE, BE IT RESOLVED BY THE CI'T'Y COUNCIL of the City 'of Brooklyn Center, Minnesota: 1. The portion of cost of such improvement to be paid by the City is hereby declared to be $50,293.78 and the portion of the cost to be assessed against benefitted property owners is declared to be $117,352.15. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed r e lot piece, o assessable nt against eve P for such improveme g every - ' tr'ct affected without regar d to cash parcel of land within the district , valuation, as provided by law, and he shall file a copy of such proposed or f ro sed assessment in his office pub lic inspection. tion. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by amber and upon vote being taken thereon, the following voted infavor 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 PR(VIDINC FOR 11FARIM ON PROPOSED ASSESSMENT FOR DIIPROVF1 PPaTBCT NO. 1979 -05 (SHINGLE CREEK PARKt�lAy) D BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA: 1. A hearing shall be held on the 14th day of September, 1981, in the City Hall at 8:00 P.M. to pass upon the proposed assessments for the following improvement: Storm Sewer Improvement Project No. 1979 -05 at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 2. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. i 3. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by me'nber , 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. S Member introduced the follmring resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECIARIW� COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR IMPROV=T PROJECT NO. 1981 -20 (FREEWAY BWLLUARD S7C)R4 SggER) VJIIEREAS, Storm Sewer Improvement Project 1981 -20 has been placed under contract (Contract 1981 -H) and the estimated costs are: Construction $16,854.00 Engineering (@ 9P of Construction Cost) 1,516.86 Administration (@ 10 of Construction Cost) 168.54 Legal and Bonding (@ 1% of Construction Cost) 168.54 Interest 0.00 TOTAL $18,707.94 N(11, THEREE'ORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: i 1. The portion of cost of such improvement to be paid by the City is hereby declared to be $0.00 and the portion of the cost to be assessed against benefitted property owners is declared to be $18,707.94. 2. The City Clerk, with the assistance of the City Cngineer shall l forthwith calculate the proper anount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of € such proposed assessment in his office for public inspection. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by nez�be , 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOIIJTION PROVIDING FOR I :.RING ON PROPOSED ASSESSMENT FOR IM PRC VEMENT PRO,= NO. 1981 -19 ( P TAY BO(JLLEVVARD) BE IT RESOLVED BY THE CITY CWNCIL OF r111E CITY OF BROOKLYN CENTER, MINNESOTA: 1. A hearing shall be held on the 14th day of September, 1981, in the City Hall at 8:00 P.M. to pass uron the proposed assessments for the following improvement: Sidewalk,Improvemnt Project No. 1981 -19 at such time and place all persons ouming property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 2. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement:. 3. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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. Mir introduced the follwoing resolution and moved its adoption: RESOLUTION NO. i RESOLUTION DECLARING, COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1981 -19 (FRMIAY BOULEVARD SIDEWALK) WHEREAS, Sidewalk Improvement Project 1981 -19 has been placed under contract (Contract 1981 -H) and the estimated costs are: Construction $8,220.00 Engineering ( @9% of Construction Cost) 739.80 Administrative (@ 1% of Construction Cost) 82.20 Legal and Bonding (@ 1% of Contruction Cost) 82.20 Interest 0. 00 TOTAL $9,124.20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The portion of cost of such improvement to be paid by the City is hereby declared to be $0.00 and the portion of the cost to be assessed against benefited property owners is declared to be $9,124.20. 3 2. The City Clerk, with the assistance of the City Engineer shall 1 forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such g_ proposed assessment in his office for public inspection. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by maTber , 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 PROVIDING FOR IiFARING ON PROPOSED ASSESSMENT 4 FOR IMPROVE NT PROJECT NO. 1981--20 (FREEWAY B(XULEVARD BE IT RESOLVED BY T[1 E CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA: 1. A hearing shall be held on the 24th day of August, 1981, in the City Hall at 8:00 P.M. to pass upon the proposed assessments for the following improvements: Storm Sewer Improvement Project No. 1981 -20 at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 2. -The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. 3. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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. CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING REQUIRED PARKING SPACES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLL0WS: Section 1. Section 35- 704:2(a) is hereby amended by the addition of the following: 2. Commerce (Retail and Service /Office) (a) Eating and drinking places: One space for every two (2) seats, and one space for every two employees on the average maximum shift; or one space for each 60 s . ft. of ross building area in restaurants with c ommensurate kitchen facilities; whichever is the greater parking requirement. Parking spaces for drive - in" customers shall not be credited as "drive -in" customers shall not be credited as a part of the off - street parking area needed to serve the sales operation conducted within the buildings). 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 new matter.) CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANa AV1NDING CHA =R 35 OF TfiE CI7Y ORDINANCES REGARDING ACCESSORY STRUCTURES IN 'IiIE RI AND R2 DISTRICTS THE CITY COUNCIL OF rME CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35- 310:1(b) (3) of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: (3) [One accessory building or carport (either detached or attached to the dwelling building) where the dwelling building ground coverage area does not exceed 880 square feet; in the event the ground coverage area of the dwelling building exceeds 880 square feet, two accessory buildings or carports (either detached or attached to the dwelling building) will be permitted provided that no one accessory building or carport shall exceed 750 of the ground coverage area of the dwelling building or 1000 square feet, whichever is lesser; and provided that the total area of both accessory buildings or carports (either detached or attached to the dwelling building) shall not exceed 1000 of the ground coverage area of the dwelling building, or 1100 square feet, whichever is lesser.] (3) Ac cessory buildings or carports, either detached or attached to the dolling building, subject to the following limitations: aa) The ground coverage of any single accessory building shall be no greater than 1000 square feet. bb) No more than two accessory structures shall be permitted on any one residential pranises. cc) The total ground coverage of the accessory building or buildings shall not exceed the ground coverage of the dwelling building. Section 2. Section 35- 311:1(b)(3) of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: (3) [One accessory building (either detached or attached to the dwelling building) where the dwelling building ground coverage does not exceed 880 square feet. In the event the ground coverage area of the dwelling building exceeds 880 square feet, two accessory buildings (either detached or attached to the dwelling building) will be permitted, provided that no one accessory building shall.exceed 75% of the ground coverage area of the dwelling building or 1000 square feet, whichever is lesser; and provided that the total area of both accessory buildings (either detached or attached to the dwelling building) shall not exceed 1000 of the ground coverage area of the dwelling building or 1100 square feet, whichever is lesser.] ORDINANCE NO. (3) Accessory buildings or carports, either detached or attached to the dwelling building, subject to the following limitations: aa) The ground coverage of any single accessory building shall be no greater than 1000 square feet bb No more than two accessory structures shall be perAtted on any one residential premises. cc) The total ground coverage of the accessory building or buildings shall not exceed the ground coverage of the dwelling building. Section 3. This ordinance shall beccme effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of lg Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) { CITY OF BROOKLYN CENTER ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ASSEMBLY OF ELECTRIC POWERED VEHICLES IN THE I -1 AND I -2 ZONES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended by the addition of the following: Section 35 -330. I -1 INDUSTRIAL PARK. 1. Permitted Uses (a) The following manufacturing activities: 12 Assembly of electric powered vehicles. Section 2. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended by the addition of the following: Section 35 -331. I -2 GENERAL INDUSTRY. 1. Permitted Uses (a) The following manufacturing activities: 12 Assembly of electric powered vehicles. 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.) 1 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: Section 17 -120 LAYOFFS. After fourteen calendar days shortage notice, the City Manager may lay off permanent employees of work or funds, abolition of positions, or other reasons outside the discredit emplo yee's control which do not reflect rvice of the e the se employee The City Manager may lay off temporary employees with no prior be notice. Except for abolition of positio permanent employees shall in t the laid off while there are temporary or probationary employees serving same positions for which permanent employees are qualified, eligible, and available. Length of service in the same position classification shall be cons d , i ered 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 AN D D ISCIPLINE . 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 to evidence of any 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 given by a superior. failure to obey any lawful direction made and g 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 control 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, valuable favor, or any such thing of value which is sought or offered 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.) Licenses to be approved by the City Council on August 10, 1981. FOOD ESTABLISHMENT LICENSE Don Zakeer 5521 France Ave. N. Sanitarian ITINERANT FOOD ESTABLIS1114ENT LICENSE Citizens Band Serving People 4637 Winnetka Ave. N. Earle Brown PTA 5900 Humboldt Ave. N. `�-_ Sanitarian{ MECHANICAL SYSTEM'S LICENSE ' 6 1 c r� Ryan Air Conditioning 9240 Grand Ave. S. W Building Official