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HomeMy WebLinkAbout1981 07-13 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER July 1.3, 1981 7:00 p.m. � �L 1. Call to Order 2. Roll Call �. h� , , 3. Invocation 4. Approval of Minutes - June 22, 1981, Regular Session - June 1, 1981, Board of Equalization Meeting 5. Open Forum 6. Presentation of Westinghouse Officer of the Month Award to Officer Michael KaulfLiss y. Request by Citizens Band Serving People (CBSP) to hold carnival and toffee stop on Labor Day weekend in the Civic Center parking lot - Y r - Estates, lst. Addition �u __le Brown Farm Estav , 8. Final Plat Approval roval Ea 1. 9. ResolutloT:.s : � � a. Accepting Bid and Awarding Contract - Contract No. 1981 -E 1p This contract includes the following improvement projects: Improvement Project No. 1978 -42: Comple-tion of Shingle Creek Trailway • System from County Road 10 to County Road 3 1.30 by construction of Pedestrian and bicycle trails along Shingle Creek from 1-°94 to County Road 130. Improvement Project No. 1930 -10: Construction of Shingle Creek Trailway System from County Road 130 to the north corporate limits from County Road 1 -0 to south corporate limits. This includes pedestrian /bicycle trails in Lions Park and Palmer Lake Basin. Also in^1,:tded is the furnishing and installation of the pedestrian/bicycle bridge at Shingle Creek north of County Road 130. Improvement Project_ No. 1981 -12: Construction of pedestrian trail along y 69th Avenue North. from Shingle Creek to Oliver Avenue North. Improvement Project No. 1981 --14: Construction of concrete curb and bituminous surfacing in neighborhood parks. Improvement Project No. 1981 -16: Extension of storm sewer in Lions Park from 54th Avenue and Russell Avenue intersection west to Shingle Creek. It is recommended the bid of Shafer Contracting Company, Inc. in the amount of $349,318. be accepted. b. Accepting Bid and Awarding Contract - Contract No. 1981 - -F -This co:ltr.act consists of the installation of 63rd Avenue Water Main Improvement Project No. 1981 -11. It is recommended the bi.d of American Contracting Corporation in the amount of $121,492.25 be accepted. C. Transferring Funds from the Contingency 1?ccolwit in the Unallocated Departmental Expense Fund to the City Manager's Professianal Consulting Fees Accomnt CITY COUNCIL AGENDA -2- July 13, 1981 r d. Accepting Work Perforined under. Contract No. 1980 -M - Arbore / tum ���j= ��• e. Acknowledging the Dedicated Public :ac- :_ of Al Lindman al'/ / 10. Consideration of the Sale of City -owned Properties in Northgate 3 Addition (Property behind noise wall) to Owners of Contiguous Properties a. Public Hearing scheduled at 8:00 p.m. b. Adoption of Resolution Establishina Conditions for Conveyance� - /' C. Adoption of Ordinance Authorizing the Conveyance. An Ordinance Authorizing the Conveyance of Real Estate in Northgate 3 Addition , from the City of Brooklyn Center to Contiguous Properties. The ordinance was first read on June 8, 1981, published on June 18, 1981,/,/ A �, and is recommended for a second reading this evening. 11. Consideration of Proposed Improvement Projects on Freeway Boulevard between Xerxes Avenue North and Shingle Creek Parkway: Street Improvement Project No. 1981 -18, Sidewalk Improvement Project No. 1981 -19, and Storm Sewer Improvement Project No. 1981 -20. a. Public Hearing scheduled at 8:00 p.m. b. Resolution Ordering Improvement, Approving Plans and Specifications, 1_ and Ordering Advertisement for Bids 12. Planning Commission Items (8:15 p.m.) a. Application No. 81036 submitted by Jacqueline Bateman for a variance from Section 35 -310: 1 (B) of the Zoning Ordinance to allow for construction of a garage equal to 100% of the ground coverage of the dwelling at 51.30 Ewing Avenue North. This application was tabled at the June 11, 1981 Planning Commission meeting with direction to prepare language for an ordinance amendment. The application was also considered at the June 25, 1981 Planning Commission meeting and was recommended for denial. The following ordinance amendment has been prepared in conjunction with Application No. 81036 and is presented this evening for a first reading. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Accessory Structures in the R -1 and R -2 zones. b. Application No. 81038 submitted by Brooklyn Development Company for site and building plan approval for a 77,700 square foot office ware- house to be known as Shingle Creek Plaza 2 at the northeast corner of Xerxes Avenue North and Freeway Boulevard. The Planning Commission recommended approval of Application No. 81038 at its June 25, 1981 meeting. i CITY COUNCIL AGENDA -3- July 13, 1981 C. Application No. 83.043 submitted by Anne Book for a special use permit to operate a nursery school at the Brooklyn United Methodist Church at 7200 Brooklyn Boulevard. The Planning Commission recommended approval of Application No. 81043 at its June 25, 1981 meeting. d. Application No. 81044 submitted by Donald W. Johnston for a special use permit to conduct: a part -time welding business in the garage of the property at 4300 - 71st Avenue North. The Planning Commission recommended approval of Application No. 81044 at its June 25, 1981 meeting. e, Application No. 81045 submitted by Gregory Blazek for a special use permit to build and sell. picnic tables in the garage of the residence at 6515 Brooklyn Boulevard, The Planning Commission recommended approval of Application No. 81045 at its June 25, 1981 meeting, f. Application No. 81046 submitted by Mel Boyd /Erlmar Properties for preliminary plat approval to subdivide the land between Brooklyn Boulevard and Beard Avenue North between 61st and 62nd Avenue North, including the PBC Clinic and a vacant R -4 property to the south. The Planning Commission recommended approval of Application No. 81046 at its June.25, 1981 meeting, 9. Application No. 81048 submitted by Hennepin County for a variance from Section 5 -302 of the City Fire Ordinance to allow for monitoring of the fire sprinkler system at the new Hennepin County library by a remote substation, which 3_s not approved by United Laboratories. The Planning Commission recommended approval of Application No. 81048 at its June 25, 1.981 meeting. 13. Ordinances: <'/ i u. a. An Ordinance Regulating the Operation of Alarm Systems in Brooklyn Center -This proposed ordinance was first read at the June 22, 1981 meeting, published on July L, 1981, and is recommended for a second reading this evening. b, An Ordinance Amending the Brooklyn Center Ordinances by Adding New Provisions to Chapter 2 -101. This proposed ordinance was first read at the June 8, 1981 meeting, published on June 18, 1981 and is recommended for a second reading this evening. C. An Ordinance Amending Chanter 35 of the City Ordinances Regarding the Assembly of Electric Powered Vehicles in the I -1 and I -2 zones. This ordinance is offered for a first reading this evening. a w s CITY COUNCIL AGENDA -4- July 13, 1981 14. Purchase of a PH and Chlorine Controller and Analyzer -It is recommended a motion be made by tixe City Council to approve the . purchase of a PH and chlorine controller: and analyzer from unexpended capital outlay funds. The controller and analyzer is needed for the operation of the Civic Center pool. The item is not budgeted but will be purchased with unexpended capital outlay funds from the purchase of the new stainless steel lockers which came in at $15,000 under budget and the sale of the old lockers for $6,500. The cost of the controller and analyzer is $7,300. 15. Discussion Items: a. Consideration of authorization of funds for retaining consultant and appraiser for Donaldsons Department Store tax court cases. b. Parkland Acquisition -This land is the vacant land adjacent to Lions Park, which has been proposed for a golf course site. The current owner has accepted an informal offer for the property. C. Cable Television -The cable television franchise for the northwest suburban area has been awarded to Northern Cablevision. The staff will be prepared to discuss the award and status of the franchise negotiations. 16. Gambling Licenses: a. Gambling License Application for the Rosary and Altar Society of St. Alphonsus Church - Application for a Class A gambling license (requires a majority vote of the City Council to pass). - Waiver of a $10,000 fidelity bond (requires a unanimous vote of the City Council to pass). 17. Licenses 18. Adjournment Member introduced the following resol?,tion and moved its adoption: RESOWTION NO. RESOLUTION ACCEPTIIX3 BID AND APPRC7VIM� CONTRACT FOIM (SHINGLE CREEK 7WIT ;VAY - PART I IMPR(VFv/IEN. T PROJECT 1978 -42, SHINGLE CREEK, rl7RAILWAY - PART II IT4PRC)VET1 PROJECT 1980 -10, 69TI -I AVENUE NORTH PE',DESrIPJAN TRAIL Ir4PR9 \F1 11FNT PROJECT 1981 -12, PARES IMPRC7�TE- MENT PROJECT 1981 -14 , S'IOFM Sgt IMPRa7EMENT PROJECT 1981 -16) (CW[RA 19 81 --E) WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1978 -42, 1980 -10, 1981 -12, 14, and 16, bids were received, opened, and tabu- lated by the City Clerk and City Engineer on the 9th day of July, 1981. Said bids were as follows: BIDDE BID AMOUNT Shafer Contracting Co., Inc.. $349,818.25 C. S. McCrossan, Inc. 360,210.38* Northwest Asphalt Company 385,203.79* Veit and Cpany, Inc. 386,656.10 Hardrives, Inc. 425,755.30 *Denotes Engineer's Correction Upon Extension HiEREAS, it appears that Shafer Contracting Company, Inc., of Shafer, 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 attrr.ched contract in the amount of $349,81.8.25 with. Shafer Contracting Company, Inc., of Shafer, Minnesota, in the name of the City of Brooklyn Center, for Improvement Project Nos. 1978 -42, 1980- 10,1981 -12, 14, and 16, according to the plans and specifica- tions 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 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: 1. The estimated total cost of Improvement Projects 1978 -42, 1980 -10, 1981 -12, 14, and 16 is amended to the following schedule: SHINGLE CREEK TRAILWAY (PART I) IMPROVFMENT PROJECT NO. 1978 -42: As Estimated As Bid Contract $141,450.00 $108,743.45 Engineering 12,730.00 9,786.91 Legal and Administrative 2,82 2,174.87 $157,009.00 $120,705.23 RESOLUTION NO. i SHINGLE CREEK TRASIkW WART II) E11PROVEM= PROJECT NO. 1980 -10: As Lst isnate d As Bi Contract $11,900.00 $153,779.00 Engineering 17,270.00 13,840.11 Legal and Administrative 3,838.00 3,07 $213,008.00 $170,694.69 69Th AVENUE NORTH PEDESTRIAN TRAIL IMPDSVE ENT PROJECT NO. 1981 -12: As Estimated A s Bid Contract $ 15,880.00 $ 11,506.40 Engineering 1,430.00 1,035.58 Legal and Administrative 318.00 230.13 $ 17,628.00 $ 12,772.11 PARKS IMPRUJEMENT PROJECT NO. 1981 -14: As E As Bid Contract $ 55,890.00 $ 64,966.90 Engineering 5,030.00 5,847.02 legal and Administrative 1,118.00 1,299.3 $ 62,038.00 $ 72,113.26 STORM S91ER IMPROVEMENT PROJECT NO. 1981 -16: As E A s Bi Contract $ 9,350.00 $ 10,822.50 Engineering 840.00 974.03 Legal and Administrative 1 87.00 2 16.4 5 $ 10, 3377.00 $ 12,012.98 TOTAL COST $460,060.00 $388,298.27 2. The accounting for the projects will be done in the Capital Improve- ment Fund. 3. The estimated costs to be financed from said Capital Improvement Fund will be as listed below: Improvement Project No. 1978 -42: $120,705.23 Improvement Project No. 1980 -10: $170,694.69 Improvement Project No. 1981 -12: $ 12,772.11 Improvement Project No. 1981 -14: $ 72,113.26 Improvement Project No. 1981 -16: $ 12,012.98 4. The Finance Director is authorized to appropriate the sum of $1,500.00 from the Capital Improvement Fund for subsurface soil exploration. Date Mayor f ATTEST: City Clerk The motion for the adoption of the foreming resolution was duly seconded by ME311b ?r and up-An vote being taken thereon, the following voted an favor Lhe.reof: III and the following voted against t-he same: whorezipo scd,d r ('so ut;l.on was dCY`laI ed daily i- Jassed and adoptc?d. c Member introduced the following resolution and moved its .adoption: Rt DOTiJTION NO. RESOTUTION 7 BID AND APPRCVING CaITRACT FORM (WATER MAIN IMPDCVEMENT PROJBCT NO. 1981 -11- -63RD AVENUE NORTH, CONTRACT 1981 -F) WHEREAS, pursuant to an advertiscnent for bids for Improvement Project No. 1981 -11, bids were received, qx-ned, and tabulated by the City Clerk and City Engineer, on the 9th day of July, 1981. Said bids were as follows: BIDDER BID AMOUNT American Contracting Corporation $121,492.25 HBH Construction, Inc. 127,987.50 Brown and Cris, Inc. 128,030.75 Nodland Associates, Inc, 128,281.00 Northdale Construction 128,359.50 Richard Knutson, Inc. 128,619.75 Shafer Contracting Co., Inc. 131,750.00 O & P Contracting, Inc. 139,205.05* Hayes Contractors, Inc. 139,432.25 Thcanas &.Sons Construction, Inc. 139,460.00 Burschville Construction, Inc. 149,968.50 Dawson Construction, Inc. 156,830.00 G. L. Contracting, Inc. 163,066.00 *Denotes Engineer's Correction Upon Extension WHERETF .S, it appears that American Contracting Corporation of Coon Rapids, Minnesota, is the lowest responsible bidder. NCW, TrU=ORE, 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 $121,492.25 with American Contracting Corporation of Coon Rapids, Minnesota, in the name of the City of Brooklyn Center, for Improvement Project No. 1981 -11 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 two lowest bidders shall be retained until a contract has been signed. BE IT FURTHER RESOLVED that: 1. The estimated total cost of Improvement Project No. 1981 -11 is hereby amended from $144,280.00 to $134,856.39. The estimated cost is comprised of the following: As Estimated As Bid Contract $129,980.00 $121,492.25 Engineering 11,700.00 10,934.30 Admi.nistrative 1,30T.00 1,214.92 Iojal and Bonding l 1,21.4 - 6 - 6 $134,II56.3 '.Ibt.al I stimated Coat t RFSOEJJ`I'I'ON NO. 2. The estimaLed costs to be financed will be: As Estimat As Bid Utility Fund $144,280.00 $134,856.39 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by m rber 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. e s f Member. introduced the following resolution and moved its adoption: RESOLUTION NO. TRANSFERRING FUNDS FROM THE CONTINGENCY ACCOUNT IN THE UNALLOCATED DEPARTMENTAL EXPENSE FUND TO THE CITY MANAGER'S PROFESSIONAL CONSULTING FEES ACCOUNT WHEREAS, on March 9, 1981 the City Council authorized the expenditure _ of funds for an engineering study of the City's radio communication systems from the contingency account in the unallocated departmental expense account; and WHEREAS, on April 20, 1981 the City Council authorized the execution of an agreement for professional services with W. H. Montgomery & Associates for an engineering study of the City's radio communication systems in the amount $8,560 for phase 1 and $5,380 for phase 2. NOW, THEREFORE, BE IT RESOLVED that the Finance Director is hereby authorized to transfer the amount of $13,940 from the contingency account appropriation in the unallocated departmental expense account to the City Manager's professional services account for use in payment of the engineering study of the City's radio communication systems. r. . 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. e Mcnler introduced the following resolution and moved its adoption: RES011HION NO. � RESOLUTION ACCMI TM tT)RY PER.FOIMED UNDER CONTRACT NO. 1980 - (ARBOR1=2 PRaTFr-T NO. 1 980 -20) WHERFAS, pursuant to written. Contract No. 1980 -M signed with the City of Brooklyn Center, Minnesota, Park Construction C TTony has satisfactorily completed the following improvement in accordance with said contract: ARBORL= PROJECT NO. 1980 -20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, that: 1. The work completed under said contract and change orders is accepted and approved according to the following schedule: Arboretum Project No. 1980 - 20 Original Award $150,883.80 .Change Order #1 475.00 Change Order #2 1 60.00 TOML, $151,518.80 2. The value of the work performed is equal to the original contract f _ = and change orders. 3. It is directed that final payment be made on said contract, takinq the Contractor's receipt in full. The total amount to be paid for said contract shall be $151,518.80. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that: 1. There is appropriated the sum of $635.00 for the payment of the listed change orders. 2. The appropriation will be financed by: Capital Improvement Fund $635.00 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 voted against the same: whereupon said resolution was declared duly passed and adopted. e Member- introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF AL LINDMAN WHEREAS, Al Lindman served the City of Brooklyn Center as City Clerk for more than twenty years from September 30, 1959 to July 10, 1981; and WHEREAS, he served as one of the charter members of the Brooklyn Center volunteer fire department; and WHEREAS, he retired from public service on July 10, 1981; and WHEREAS, his devotion to the tasks and responsibilities associated with his position contributed substantially to the sound progress of the development of the City; and WHEREAS, his dedication to his position as City Clerk has contributed greatly to the efficient administration of the City; and WHEREAS, his public service and civic effort for the betterment of the community and the gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, that the dedicated public service of Al Lindman is recognized and appreciated by the City of Brooklyn Center and that the City wishes him a • long and happy retirement. 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. Imbor introduced the following resolution and moved its adoption: .t ? S T D s l .I,. >vUJ � ION I T D. RESOLUTION ESTABLISHING CONDITIONS FOR CONVEYANCE OF BEAT., ES= IN NOR`1UGAT.I`E: 3 ADDITION FRCM THE CITY OF BROOKLYN CENTER TO THE CON - TIGU PROPIItTIY U q,\TFRS WHEREAS, the City of Brooklyn Center owns real estate described as follows: Outlots A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O in North - gate 3 Addition, according to the plat thereof on file and of record in the Office of the County Recorder, in and for Hennepin County, Minnesota, and WHERE ,S, said real estate was acquired from the State of Minnesota by quit claim deed, recorded as Document 4591691 pursuant to Chapter 569, Section 1, 1980 Session Laws, wherein the State of Minnesota waived any obli- gation of the City of Brooklyn Center to use the lands thereby conveyed for a public purpose; and WHEREAS, the o�mers of the contiguous properties lying southerly of the City -owned property have requested that the City convey the City -owned property to them; and WHEREAS, it is determined that the property is not essential for public use; and WHEREAS, the property can best be utilized by cm- bining it with the contiguous properties; and it is therefore determined to convey the following described real estate to the owners of the contiguous properties, consistent to � P Pe Section 12.05 of the City Charter; and WHE?,EAS, the City Council has determined to convey said properties to the owners of the contiguous properties at a cost equal to the purchase price aid f _ p to the State o Minnesota lus the casts for platting said pro erties plus P P P administrative and legal fees incurred by the City; and the City Manager has advised the City Council that the total of said costs is $3,512.50. NOW, THEREFORE, BE IT RESOLVF -D BY THE COUNCIL OF THE CITY OF BROOKLYN CFNI'ER, that upon adoption of an ordinance authorizing this conveyance, that the conveyance of the City of Brooklyn Center -owned properties to the owners of the contiguous properties, described as follows: x RESOLUTION NO. Description of Contiguous Property Description of City - Coned to which the City-Owned Property Property to b Convoyed: is to be conveyed: Outlot A, Northgate 3 Addition Iot 8, Block 3, Northgate Addition Outlot B, North.gate 3 Addition Lot 7, Block 3, Northgate Addition Outlot C, Northgate 3 Addition Lot 6, Block 3, Northgate Addition Outlot D, Northgate 3 Addition Lot 5, Block 3, Northgate Addition Outlot E, Northgate 3 Addition Lot 4, Block 3, Northgate Addition Outlot F, Northgate 3 Addition Lot 3, Block 3, Northgate Addition Outlot G, Northgate 3 Addition Lot 2, Block 3, Ibrthgate Au'diti.on Outlot Ii, 'Northgate 3 Addition Lot 1, Block 3, IJTorthgate Addition Outlot I, Northgate 3 Addition Lot 19, Block 2, Northgate Addition Outlot J, Northgate 3 Addition Lot 18, Block 2, Northgate Addition Outlot K, Northqate 3 Addition Lot 17, Block 2, Northgate Addition Outlot L, Northgate 3 Addition Lot 16, Block 2, Northgate Addition Outlot M, Northgate 3 Addition lot 15, Block 2, Northgate Addition Outlot N, Northgate 3 Addition Lot 14, Block 2, Northgate Addition Outlot O, Northgate 3 Addition Lot 10, Block 2, Northgate Addition may be made in consideration of the sum of $ 234.16 for each such conveyance. a e 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 4 7 5 t • 2 CITY CF BROOKLYN CE NII R • ORDJTV NO. AN ORDINANCE A1n'Ti0RI Z NC -; `111E OF REAL ESTA'T'E IN NOR1TiGATE 3 ADDIT101N FPGAI 1HE CI`T'Y OF B'xWKLYN CENTER TO THE CONTIGUOUS PRG1 T Y (J 7 tER.S TUE CITY COUNCIL O THE CITY OF BROOKLYN CEN1 TOES HEREBY ORDAIN AS FOLLOWS: Sectio 1: PREAMBLE WHERFAS, the City of B Center owns real estate described as follaws : Outlots A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O, i North 3 Addition, a to the pla thereof on file and of r in the Office of the County Recorder, in and for Hennepin County, Kinneso WHER F,S, the owners of the con properties lying southerly of the City -awn d pro perty live requested that the City convey the City -arced property to thc an W HERE AS, it is determined that t prop is not essential for public - Lise; and WHEREAS, the property can bes be utilize by eomb it w ith the oantic zous pro a lb? t is t re_ore dete rmined to conv t following describe real estate to the owners of the contiguous properties, consistent to Section TL.�of t e City Ui Section 2: Property Description in Terns of Conveyance That the conveyance of the City of Brooklyn Center - -owned properties to the owners of the contiguous p described as follows Description of City - Caned Description of Contiguous Property Property to be Conveyed to wriich the City - Caned Property is to be conveyed: Outlot A, Northgat 3 A ddition Lot 8, Block 3, Northgate A ddition out oL B, Northg 3 Addy on Lot 7, Block 3, Nlorthgate Audition Outlot C, Nort 3 Addition Lo 6, Block 3, Northgate e dition Out ot. D, Nor :ga 3 r'�;idition Lot 5, Block 3, Northgate Addi -- t o Outlot E, Northgate 3 Addition Lot 4, Block 3, Northgate Ad dition Out F, Noorrt t on LO 3, Block 3, ilarthga Ad ition Outlot G, Nort 3 t dl.ti I t 2, Block 3, Northgate Addition balot H, N ortth --a 3 Ac z tion Lot 1, Block 3, I\brthgate Addition C�i I, North gnte 3 A= ti.on Lot 19, Block 2, Mrthgate iddition Outlot J, Nortll 3 t� l Lot 18, Block 2, Northgate Ad dition 0it K, Nort 3 A cldi ti.on Lot 17, B1 - ,k 2, Northgate A o Out lot. L , I�?o a� o 3 1d(l. t io n I-ot 16, Block 2, Nor Ad dition Outot ICI, Northg�:zt� 3 r c'c ltion Tp 15 Block 2, Northgate Addit on O u:tlot. r � rtli �.te 3 Inc +aitioti Lot 1.4, Blo 2 Northgate kl(lition Out lot�0 , Nor 3 %n 1 i at 10, Block 2, Northgate llcl U ition s ORD7NMCE NO. _ _ i _ e ' { - - f th conditions set forth in sh be m�� in cons.i �cx.at o Reso lit i y tb, The Mayor and City Man_cier are here a uthorized to exe quit cl aim afte al t erms of the sale have been negotiated. Section 3: This ordinance shill becane effective after adoption and thirty (30) days following its legal publication. Adopted this day of 198 Mayor ATTEST: Clerk Published in the official newspaper Effective Date (Underline indicates new matter.) _ Member introduced the following resolution and moved its adoption: RFSOT17TICN E 0 M RESOLUTION ORDFRITr, IMI _ 1 ROVEMEN`I', APPROVING PLANS A1\D SPECIFICATTOI S, AND ORDf RIM ]- '0VE"kTIS1 -1EN FOR BIDS, IMPRCMNENT PRQ3`ECT NOS. 1981 -18, 19, 2 CO 1 9 80 - ~H (FRED JAY B OUIYVARD) WtU = Resolution No. 81 -114 adopted the 8th day of June, 1981, fixed a date for a Council hearing on the proposed improvement of Freeway Boulevard from Xerxes Avenue I\brth to Shingle Creek Parkway; and WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given, and the hearing was held thereon on the 13th day of July, 1981, at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, ==ORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and in the best interests of the City and the owners of property specially bene- fited thereby, that: 1. r[he following improvemnnts as proposed in Council Resolution No. 81 -114 adopted on the 8th day of June, 1981, shall be constructed: STR IMPRCVa1EN PROD _ 1\ 1981 -18 SIDEVMLK T�'�'PROTJi 1F , '"T P1OJ��CT ICU. 1981 -19 STOPM SEL\IER IMPRC MENI' PROJECT NO. 1981 -20 2. The estimated cost of the projects is as follows: Street Improvement Project No. 1981 -18 : $131,209.00 Sidewalk Improvement Project No. 1981 -19: $ 7,861.00 Storm Sewer Improvement Project No. 1981 -20: $ 29,183.00 TOTAL $168,253.00 3. The estimated cost will be financed by: Special Assessments according to the schedule outlined in item number 2. 4. The City Engineer is designated as the Engineer for this improve- ment, and the plans and specifications for the improvements, as prepared by the City Engineer are approved and ordered filed with- the City Clerk. 5. The City Clerk shall prepare 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 improvement 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., Local Time, on August 6, 1981, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Fngi- neer, will then be tabulated and will be considered by the City Council at 8:00 P.M. on August 1.0, 1.981, in the Council Chambers, and 0 no bids wi_11_ be considered unless sealed and filed with the City Clerk and accanpanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for five (5) percent of the amount of such bid. s P SOLUTION NO. i Date Mayor A7 "PEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by rrember , and upon vote being taken thereon, the following voted in favor thereof: and the follading voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER ORDINANCE AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE A OF E LECTRIC PO W E RED 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 p owered 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 -33 1. I -2 GENERAL INDUSTRY. 1. Permitted Uses I (a) The following manufacturing activities: (12 ) Ass of ele ctric p vehicl l i 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.) I II i O CITY OF BROOKLYN CENTER ORDINANCE AN ORDIN REGULATING THE OPERA` TON - OF' ALAI�T [ S YSTEMS I BROOKLYN CENTER. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by the addition of the following: Sectio 23 -2000 Stateme of Pol T he City Co of the City of Brooklyn Ce nter_ deem i. necessa to pr ov i de for the s pecial and express reg of al arm systems whi ar desi to si gnal the pres ence: - of a hazard re urg attention and t o w public safe pe are expected to respond, in orde to protect the public hea s and welfare. T he City Council f ind s that the regu lation of alarm s ystems is nec in order to redu the in fr of false ala in Brooklyn Center. T he great num an increasing fre of these false alarms requires intensive, time cons efforts by the police depart and thereby di stracts from and reduc the level of services a t o the res o f the community. This dimi the ability of the City to promo the ge health, welfare and safet of the community. In con for the necessity on the part of the Cit t o p numerous law en f or cement services to all segm of the community, without an undu c oncent rati on of public services in one are to work to the -- -- d etri m ent of memb o _f the general publi it is h ereby decided that the alarm systems shall be regulated thr the p process described below. -� Se 2 -2001. Definitions As use herein, unless otherwi i ndicated, the followin terms a defined as follows: 1. "Alarm System" shall m an assembly of equ ipment and devices (or a. single device such as a solid state unit) arranged to signal the presence of a hazard. For the purpos of this o the alarm, when triggered, most eit be d connected to the police and /or fire station or may s a ce ntral monitoring agen which then notifie the p olice and /or f ire departments of an emergency to which p ublic safety personnel must r espond, or may emit an audible signa which will require ur gent attention and to which public safety per are expected to respond. 2. "Alarm U shall mean the person, firm, partnership, association, co comp or organiza of any kind on whose premises ° an alarm sys is m "Alarm User" shal include persons occupying dwelling units for r purposes. "Alarm User'' sha not i persons m alarm systems in automobiles. 3. "F Alarms" shall mean the activation of an alarm system through mech anical failure, m im proper installatio or the negligence ----- -- --- l a _ - -- of the owne or l of_an al sys tem or - of his employees or ag I t doe n inc a ct i vati on of th alarm by utility com powe outages or by acts of Clod. e ORDINANCE NO. 4. "Person" shal_l.nean any 1ndlVld,_al, paY_trlEY'Shl.p, Corpo ration, associ co or oot.h -r entity. shall mean the pe J throu December 5. "Calenda Year" an - I - _ Y .� _ -- 31 of each y ear. Se ction 23 -2003. Permits and Exemptions. 1. Permit Ef _ 19 every alarm u who, during th course of a c year, incurs more than fo (4) false police alarm or more t one ( 1) false fire alarms shall be required t obtain an alarm user. permit. 2. Review of Permit. The Chief of Police shal review the issuance of T all police alarm permits. The Chief of Police, in consul tation with the Fire Chief, shall review the issuance of all fire alarm permits. 3. Process for Issuance of Permit. Upon rec eipt and de of the fifth false police a report or the sec ond false fire alarm report at an address, the Chief of Police, after review, may notify the City Clerk who shall then asses the alarm user f or an alarm user' permit. The a ssessm ent invoice s hall be se by certified mail. The alarm user must subm the recrui_red p ermit fee to th Cit Clerk wi thin ten (10) wor'xircJ days after receip of the assessment invoice, in order to continue to use I>is alarm system. Any subseq false police or fire alarm at that addre shall automatically revok that permit and the p roces s m us t t be repeate Thi proce shall be repeated for each and every false alarm in ex cess of four (4) false police ala and in excess of one (1) fal fir alarms during each calendar year. 4. Duration of Permit. All. permits, un less otherwise revoked, will expire at the end of each calendar year. 5. Exemptions. The provisions of this cha are not applicable to audible alarms affixed to automobiles. Section 23 -2004. Requirements and Duties. w 1. False Alarm Repo The Chief of Police may, at his di require a false alarm report to be filed by the ala user with the Chief of Police, within a time period to be s by t he - Ch ief of Police. If the Chief o f Police det that a false alarm has occurred at an address, the alar user at that address may submit a written report to the Ch ie -f of Police to exp the cause of the alarm activation. If the C hief of Police deter that the alarm was caused by conditions beyond the cont of t he_al arm user, the alarm will riot be counted as a false alarm at that a 2. "Fa Alarms" wi ll. be e if they are the re sult of an effort o r _ or to up grade, ins tall ., t <s; :, or m aintain a ala s ystem and i f _ _ — _ the p olice _* de gsvE�n no t.ica in advance of sai upgrade, in- stallati test an mai nten an ce. ORDINANCE NO. • Section 23 -20 Prohibitio 1. "Alarm Syst U Taping o r Pre Mes No person shal in stall, monitor, or us an possess an oper al arm which utilize tap ed-or pre me ssa g es which deliver a telephone alarm message to the police o r fire d Sec 23 - Permit-F " 1. The fee fo al arm user's permits sha be fift d ollars ($50.00) for police alarm systems and one hundred and fifty dollars ($150.00) for fire alarm syste 2. Alarm user's permits shall expire on the last day of each calendar year. Alarm user's pe shall not be required in the next calendar year until the are more than four (4) false police alarms or one (1) f alse fire alarms re ported at the alarm user's address during the next calendar yea 3. The United States government, State of M County of Hennepin, City of Bro oklyn Center or any departments thereof and independent school dis tricts are exempt from the fee requirement stated above. Section 23 -2007. Revo and Suspens of Permit. 1. Basis for revocation or suspension In addition to the au tomat ic revocation pro descri in S ection 23 -20 03, the Chie of Police may suspend or revoke any al arr. u ser pe issued pursuant to this ordinance if the Chief of Police finds that any of the following occur: a. That any provision or con dition of this ordinance has been violated by an alarm user or his agents; b. That an alarm system has actuated an excessive number of false alarms; C. That the alarm user has kn made f statements in or regarding his application for an alarm user's permit; d. That the alarm user has failed to correct or remove, within a reason - able period, violations of this ordinance after receipt of notice to d o so; . e. That the continued effectiveness of the alarm user pe rmit, constitutes a substantial th to th public peace, health, safety or welfare. Al alle viol defined above shall be invest by the police department. The a u shall b gi noti of the proposed revocation or su spens i on and b p rovided an opportunity to informa present evidence to th Chi of Police _ prior to th final d on revo or suspension. Anyo q,rricved by the decis of tide Ci il.cf o Po lice may appeal that decision to the city cou ncil . ORDINANCE NO. Sec 23- 2009 Criminal P enalties. 1. An y alarm u wh o continues to use an ala system after receivin no o f_r evoc a_ticn or by the Ch ief of Pol shall. be guilty of a misd emeanor, and upon convic thereof, sha.7.1 be punish - a ble by a fine o f not maret.h f ive h dollars ($500.00) and by impriso not to exc nin (90) days. 2. Any pe rson re quire d by this ordina t obtain an alarm user's permit who knowin fails to d o s sha ll_ be guilty of a misdemeanor., and upon conv thereof, shall be piani _;li by a fine or not more than f hundred doll ($500.00) an by i mprison ment not to exceed ninety (90) d Section 23 -2010. Separability. Ev sectio provision, or part of this ordinance is declar se fr om ev ery o ther se ction, provision or part; and if any section, provi or part of any or sha be held invalid, it shall not affect any other section, pro or part thereof. This ordinance shall take effect and be e nforc ed from and after its passage and publication. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1981. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter.) CITY Or BROOKLYN CEN'T'ER ORDINANCE NO AN ORDINAL AINTINMING Cju -\_TY ER 35 OF `IgIE?. CITY ORDINANCF'S REGARDING ACCESSORY S`1:RUC'F`E,TJ?ES IN T H E Rl A ND R2 DISTRI 'ME CITY C0 OF I.yM CITY OF BROOKLYN CEiv''I'ER DOES ORDAIN AS I'OLFIJ`'9S : 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 d C to attached o f both accessory buildings or carports (either the dwelling building) shall not exceed 1000 of the ground coverage area of the dwelling building, or 1100 square feet, r les ser. ] s] whicheve i_ _ • (3) Acces buildings or carports, eithe detached or attached to the dwelling building, s ubject to the follow n limitations: aa) The gr coverage of any single accessory building shall be no greater than 1000 sq uare feet. bb) No m ore than two a ccess ory structures shall be p on an y one residential presses. cc) The total ground covera of the accessory building or buildings shal not exceed the ground coverage of the dwe lling building. t 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 e:, 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 (either detached or attached to the dwelling building) shall not exceed 100 °> of the ground coverage area of the dwAling building or 1100 square feet, whichever is lesser.) ORDINANCE NO. (3) A c ct 5sory b or carports, Ather d or attached to the d builda_ra s ct _t to t he foll limitations: a) The c roun cove r_ age of a sing Le a ccessory building sE, ll be no gre than 1000 s feet bb) No more t han tw accessory structures shall be p==itted on any one residenti pr c inises . cc) The to tal _�� rround co of the accessory building or ld buiings _shal no _e xceed the ground coverage of the dwelling building. 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 i Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY OF BROOKLYN Clffi'E:.R ORDINANCE NO. T .%T `IT P. ORDINANCES BY AN ORDINANCE A ..:�`aT):I[?G Z� _IE BI�OOI',LYN (:J'� 1 ADD ING Nj Vj PROVISIWS TO CHAPTER 2-°101 '.I`IIE CITY COUNCIL OF TI-JE CITY OF BROOKLYN CENTER DOES HEREBY ORDAIN AS FOLTaIS : Section 1. The following Chapter 2 -101 of the Brooklyn Center City Ordinances is hereby adopted to read as follows: Sec 2 - 1 01. CUSTODY OF FOUND PROPE=L . EXCEPTING ANIMALS AND 2ZOTOR VEHICLES. The City manager shall establish adminis trative provisions for receiving and safekeeping found property and money coming into possession of the City of Brooklyn Center in the course of its municipal operations. A receipt shall be issued to the person finding such property or money and causing it to be delivered to the custody of the City. Such property shall be stored in a safe place and such noney deposited with the City Treasurer for a period of [three (3)] two (2) ninths unless claimed by the true owner. Upon expiration of the [three (3)] two (2) rnth period, said property or money shall be subject to disposal under this ordinance as unclaimed property or money. Sectio 2 CLATMS BY agNER. During such [three (3) ] two (2) month period, the City Manager may deliver such property or order such money paid to the true owner thereof upon proof of ownership satisfactory to the City Manager, after ten (10) days notice by mail to other persons who, may have asserted a claim of true ownership. In the event ownership cannot be determined to the satisfaction of the City Manager, he may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by court. Section 2 - 103 . CLAIM BY FINDER. If the true owner does not claim property or .mney during the [three (3)] two (2) ninth period, the City Manager may release such unclaimed property or order such un- claimed money to be paid to the person who found same, if at the time of delivery to the City of Brooklyn Center such finder indicated in writing that he wished to assert a claim to the property or money as a finder. Section 2 -104 TRANSFER OF UNCLAIMED bION, S TO C�TERAL FUND. If any such money is not claimed by the true owner or by the finder with- in the [three (3)] two (2 ) month period, the City Manager shall cause such money to be transferred to the General Fund of the City. Sect 2- -1.05. PUBLIC SALTS' OF jjNCIkAIMI D PROPElffIlY . Upon expiration of the [three (3)] two (2) month period, unclaimed property remaining in the possession of the City of Brooklyn Center shall be appropriated for City use upon approval by the City Manager if such item of property is valued less than $100 and upon approval by the City Council if such item of property is valued greater than $100 or, shall be sold at public sale by the City Manager. The City Manager shall cause one week published notice of public sale in the official newspaper, de- scribing therein the article to be sold and the date, time and place , of the sale. Any unclaimed property offered for public sale but not sold, and not suitable for appropriation for City use, shall be deemed to be of no value and shall be disposed of in such manner as the City Manager directs Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Published in the official newspaper Effective Date [Brackets indicate matter to be deleted, underline indicates new matter.] y Licenses to be approved by the City Council 6n July 13, 1981 GAMB L I C ENS E St. Alphonsus Church 7025 Halifax Ave. N. Rosary Altar Societyf°— - City GARBAGE AND REFUS COLLECTION VEHICL LI CENSE Block Sanitati.ori 6741 79th Ave. N. Browning- Ferris Ind. of MN 9813 Flying Cloud Dr. MCS Refuse, Inc. 10050 Naple St. N.E. Midwest Grease Buyers, Inc. P.O. Box 222 W & W Disposal 501 84th Ave. N.E. Walter's Disposal Service, Inc. 2830 101st Ave. N.E. Art Willman & Son 62 26th Ave. N. Woodlake Sanitary Service 4000 Hamel Rd. Sanitarian k IT FOOD ESTABLISHMENT LICENSE Brooklyn Center Fire Department 6301 Shingle Cr. Pkwy. East Palmer Lake Park Evergreen Park Grandview Park West Palmer Lake Park St. Alphonsus Church s Sanitarian rJEC SYSTEM'S LICENSE Alaskan Air Conditioning 1200 Chestnut Ave. N. Contractors, >sociated Mechanical C , Inc. 100 Market St. ,- Heating & Air Cond. 311 C 1 alifornia St. N.E. - O'Keefe Mechanical 7118 Shady Oak Rd. Buildingficial SIGN HANGER'S LICENSE Crosstown Sign, Inc. 10166 Central Ave._ hcial Building f SWIMMING POOL LICENSE Riverwood Townhouses 6605 Camden Dr. Sanitarian TEMPO ON -SALE NONINTOXICAT LIQUOR LICENSE Brooklyn Center Fire Department 6301 Shingle Cr. Pkwy. East Palmer Lake Park Evergreen Park Grandview Park West Palmer Lake Park St. Alphonsus Church 7025 Halifax Ave. N. City Clerk