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HomeMy WebLinkAbout1981 05-18 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROCYLIN CENT MAY 18, 1981 ft�, p . m . d� 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes - May 4, 1981, Regular Session April 27, 1981, Special Session 5. Open Forum 6. Final Plat Approval - Northgate 3 Addition -This item is the plat of the 15 outlots on the vacant land east of Noble Avenue North, south of I -94, and north of the lots facing 66th Avenue North. 7. Appointment to Northwest human Services Council Executive Board. S. Resolutions: C a. Accepting Bid and Approving Contract Form - Contract 1.981 -C (Lift i.. Station No. 2 Improvements) b. Ordering Construction of 63rd Avenue Improvements: Street Improve- rnent Project No. 1981 - 10 and Water Main Improvement Project No. 1981. -1 - Consideration. of. this resolut ion was tabled following the public J \, V� hearing held on May 4, to allow development of supplementary informa- '�7 )�' tion and additional discussion of the project.. This resolution requires a roll call vote and a 4/5 vote is required for approval. C. Resolution Approving Plans and Specifications and Directing Advertise -C"IC\ ment for Bids for Earle Brown Drive Improvements: Water Main Improve 1, t' ment Protect No. 1981 -05, San;.tary Sewer Improvement. Project No. 19181 -06,� Storm Sewer Improvement Project No. 1981 -07, and Street Improvement Project No. 1981 -08 d. Establishing Proj(.cts: 1. Establishing Project No. 1981 -12: Construction of Pedestrian Trail Along 69 th Avenue North from Shingle Creek to Oliver Avenue North ) b 0 2. Establishing Projcct No. 1.981 -13: Construction of Pedestrian Ramps at Various Locations in the City 3. Establishing Proje::t No. 1981 -14: Installation of Concrete Curb and Bitinriinous Surfacing in Neighborhood Parks 4. Establishing Project No. 1981 -•15: Construction of Pedestrian Trail in Central Park and Garden City Park 5. Establishing Project No. 1981 -16: Extension of Storm Sewer in Lions Park from 54th Avenue North-- Russell Avenue Norcri Inter- section West to Shingle Creek CITY COUNCIL AGENDA -2- May 18, 1981 e. Approving Plans and Specifications and Directing Advertisement for Bids for Contract 1981 -E -This contract includes the following improvement projects: Improvement Project No. 1978 -42: Completion of Shingle Creek Trailway System from Co. Rd. 10 to Co. Rd. 130 by construction of pedestrian and bicycle trails along Shingle Creek from I -94 to Co. Rd. 1.30. J Improvement Pro No. 1980 - 10: Construction of Shingle Creek t p Trailway System from Co. Rd. 130 to the north corporate limits and from Co. Rd. 10 to the south corporate limits. This includes pedestrian and bicycle trails in Lions Park and the Palmer Lake Basin. Also included is the furnishing and installation of a pedestrian/bicycle bridge at Shingle Creek, north of Co. Rd. 130. Improvement Project No. 1981 -12; Construction of pedestrian trail along 69 Avenue North from Shingle Creek to Oliver Avenue North. Improvement Project No. 1981 -13: Construction of pedestrian ramps at various locations in the City. Improvement Project No. 1981 -14: Construction of concrete curb and bituminous surfacing in- neighborhood parks. Improvement Project No. 1981 -15: Construction of pedestrian trail in Central Park and Garden City Park. Improvement Project No. 1981 -16: Extension of storm sewer in Lions Park from 54th Avenue -- Russell. Avenue intersection west to Shingle Creek. f. Authorizing Execution of Agreement for Soil Engineering Services for P 100 at Shwa le � 80 - 06: Pedestrian /Bikeway Bri Across T.H. g ' Projec t 19 / Y g Cree g. Providing for Public Hearing on Proposed Assessment - Ponds Plat 6 Improvements: Street Improvement Project No. 1978 -36 and Curb and Gutter Improvement Project No. 1978 -37. h. Amending the 1981 General Fund Budget to Provide for Wage and Salary /03 G�-- Adjustments f �� i. Authorizing Reconveyar.ce of Forfeited Lands to State of Minnesota -This resolution provides for the reconveyance of excess land in )L Bellvue Park back to the State for public sale. j. Accepting Bids for Installation of New Roof at-Brooklyn Center West Fire Station/Liquor Store �'2 It is recommended the bid of G. A. Jacob - Roofing, I nc. in the 1 amount of $26,540 be accepted. k. Acknowledging Gift from Brooklyn Center Lions Club L -The Brooklyn Center Lions Club has donated two picnic tables for Lions Park. 1. Proclaiming June as Parks and Recreation Month '0_1 L_�� m. Proclaiming June 5 through June 1.4 as Early Bird Days in Brooklyn Center CITY COUNCIL AGENDA -3- May 18, 1981 9. Consideration of Request for Median Reconstruction on Co. Rd. 10 at Northway Drive: C � a. Resolution Establishing Project iU � �- � (` b. Resolution Receiving City Engineer's Report and Calling for Public Hearing on Improvement 10. Planning Commission Items (8:00 p.m.): a. Application No. 81026 submitted by Warren Anderson for a variance from Section 35 -400 of the Zoning Ordinance to allow a 20' side corner yard setback rather than the 25' setback required. The Planning Commission recommended denial of Application 81026 at its May 7, 1981 meeting. b. Application No. 81028 submitted by Howe Fertilizer, Inc. for preliminary plat approval to replat the property at 4821 Xerxes Avenue North and 3129 49th Avenue North into two lots of a proposed subdivision to be known as Howe Addition. The Planning Commission recommended approval of Application 81028 at its May 7, 1981 meeting. 11. Ordinances: a. An Ordinance Amending the Brooklyn Center City Charter -The public hearing on the proposed Charter amendment amending Section 12.05, Sales of Real Property, was held at the April 6, 1981 City Council meeting. The ordinance amendment was offered for a first reading at the April 20, 1981 meeting, published on April 30, 1981 and is recommended for a second.reading this evening. b. An Ordinance Amending Chapter 3 of the City Ordinances Adopting the State Building Code by Reference and Deleting Certain Fees -The ordinance is presented for a first reading this evening.'�� C. An Ordinance Amending Chapters 15, 34, and 35 of the City Ordinances by Deleting Certain Fees Y -The ordinance is presented for a first reading this evening. 0,t' f - 1111 12. Proposal for Umbrella Insurance Coverage -It is recommended a motion be made by the City Council approving the proposal for umbrella insurance coverage for the City. 13. Discussion Items: a. Creek Villas Townhouse Development -The staff will be prepared to report on discussions held with members of the Creek Villas Homeowners Association regarding their request for sealcoating Creek Villas roadways. b. Earle Brown Farm Development - This item is included to discuss the future use and development of the Earle Brown Farm buildings. CITY COUNCIL AGENDA -4- May 18, 1981 C. Citizen Attitude /Preference Survey d. MN /DOT Public Hearing on Proposed T.H. 610 and T.H. 252 14. Gambling Licenses: a. Class B gambling license for St. Alphonsus Catholic Church Men's Club Application for a Class B gambling license (requires a majority vote of the City Council to pass) - Waiver of the $10,000 fidelity bond (requires a unanimous vote of the City Council to pass) 15. Licenses 16. Adjournment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERIN3 CONSTRUCTION OF 63RD AVENUE IMPRCVFMaTI'S: STREET TMPRUVIT ET`TI' PROJECT NO. 1981 -10 MID WATER MAIN IMPROVE - MENT PROJECT NO. 1981 -11 WHEREAS, Resolution I\b. 81 -77 adopted by the City Council of the City of Brooklyn Center, Minnesota, on April 6, 1981, fixed a date for a public hear- ing on the proposed improvement of 63rd Avenue North between Beard Avenue North and Brooklyn Drive by installation of Watermain Improvement Project No. 1981 -10 and Street Improvement Project No. 1981 -11; and WHEREAS, ten days' pUblished notice on the hearing through two weekly publications of the required notice was given and the hearing was held thereon on May 4, 1981, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that such improvements are hereby ordered as pro - posed in the resolution adopted April 6, 1981. • Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by .member , and upon vote being taken thereon, the follow- ing voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVIN3 PLANS AND SPECIFICATIONS AMID DIRECTING ADVERTISEMENT FOR BIDS FOR EARLE BROWN DRIVE DIPPOVEME1JT'S: WAT I MAAIN IMPROVEMENT PROJECT NO. 1981 -05, SANITARY SEWER IMPROVEMENT PROJECT NO. 1981 -06, STOTM SEWER IMPROVEMrE PROJECT NO. 1981 -07, AND STREET IMPROVEMET:. PROJECT NO. 1981 -08 (CONTRACT 1981 -D) BE IT RESOLVED by the City Council of the City of Brooklyn Center, " Minnesota, as follows: 1. The plans and specifications for Contract 1981 -D for the following improvements prepared by the City Engineer are hereby approved and ordered filed with the City Clerk: Watermain Improvenent, Project No. 1981 -05 Sanitary Sewer Improvement, Project No. 1981 -06 Stone Sewer Improvement, Project Ib. 1981 -07 Street Improvement, Project M. 1981 -08 2. The City Clerk shall advertise for bids for such improvements by publications at least twice in the official newspaper and in the Construction Bulletin, the date of second publication not less than ten (10) days prior to the date for receipt of bids. Said notice shall state 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, or certified check payable to the City Clerk in the amount of not less than five per cent (5%) of the bid. 3. Bid date is set for June 18, 1981, at 11:00 o'clock, a.m., local time. 4. The City Manager and City Engineer are hereby authorized to open and tabulate the bids. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following_ resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 69TH AVENUE PEDESTRIAN TRAIL IMPROVNgENT PROJECT NO. 1981 -12, SIDFE LK IMPR0V=1T PROJECT NO. 1981 -13, PARKS ]MPROVaIENT PROJECT NO. 1981 -14, CENTRAL PARK/GARDEN CITY PARK PEDESTRIAN TRAIL IMPROVIMENrI'PROJECT NO. 1981 -15, AND STORM. SE1ER IMPROVFti= PROJECT NO. 1981 -16 WHEREAS, the City Council deems it necessary and in the best interests of the City of Brooklyn Center to complete the regional pedestrian/bicycle trail :way system and sidewalk system within the municipality, and WHEREAS, on May 19, 1980, the City Council declared that the referendum questions addressed in the Special Election of May 6, 1980, had been resolved in the affirmative; and WHEREAS, a portion of said referendums questions dealt with inprovements to neighborhood parks in the form of concrete curbing, bituminous trails, and paving adjacent to play apparatus areas, and extension of storm sewer systems; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center, Minnesota, establishes the following projects in order to provide for said improvements: Project 1981 -12: 69th Avenue North Pedestrian Trail Improvement Project (Shingle Creek to Oliver Avenue) Project 1981 -13: Sidewalk Improvement Project (Various locations) Project 1981 -14: Parks Improvement Project (Various Neighborhood parks) Project 1981 -15: Central Park /Garden City Park Pedestrian Trail hnnrover?ent Project Project 1981 -16: Storm Sewer Improvement Project (Lion's Park from 54th and Russell Avenue west to Shingle Creek) Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken them, 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 APPROVING PIANS AND SPECIFICATIONS ArID DIRF)CTIW, ADVERTISEMENT` FOR BIDS FOR SHIM1LE CREEK TRAII1 (PART I) IMPROVEMENT PROJECT NO. 1978 -42, SHINGLE CREEK TRAT-Ld (PART II) IMPRCV MFNT PROJECT NO. 1980 -10, 69TH AVENUE NORTH PEDES- TRIAN TRAIL IMPROVEMENT PROJECT 1\10. 1981 -12, PEDESTRIAN TRAIL IMPROVEMENT PROJECT W. 1981 -13, PARKS IMPROVEMENT PROJECT NO. 1981 -14, CENTRAL PARK /GARDEN CITY PARK PEDESTRIAN TRAIL IMPROVE— MENT PROJECT NO. 1981 -15, AND STORM Shl r,1PROVF-N1ENT PROJECT NO. 1981 -16 (CONTRACT 1981 -E) WHERFAS, the City Engineer has estimated the construction cost for the construction of the regional pedestrian/bicycle trailway system,improvement of the municipal sidewalk system, and improvement of the neighborhood parks to be as follows: Shingle Creek Trailway (Part I) Improvement Project No. 1978 -42: $141,450.00 Shingle Creek Trailway (Part II) Improvement Project No. 1980 -10: 191,900.00 69th Avenue North Pedestrian Trail Improvement Project No. 1981 -12: 15,880.00 • Pedestrian Trail Improvement Project No. 1981 -13: 16,800.00 Parks Improvement Project No. 1981 -14: 55,890.00 Central Park /Garden City Park Pedestrian Vail Improvement Project No. 1981 -15: 55,070.00 Storm Sewer Improvement Project No. 1981 -16: 9,350.00 TOTAL ESTIMATED COSTS $486,340.00 BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minne- sota, as follows: 1. The plans and specifications for Contract 1981 -E for the following improvements prepared by the City Engineer are hereby approved and ordered filed with the City Clerk: Shingle Creek Trailway (Park I) Improvement Project No. 1978 -42 Shingle Creek Trailway (Part II) Improvement Project No. 1980 -10 69th Avenue Narth Pedestrian Trail Improvement Project No. 1981 -12 Sidewalk Improvement Project, Project No. 1981 -13 Parks Improvement Project, Project No. 1981 -14 Central Park /Garden City Park Pedestrian Trail Improvement Project, Project No. 1981 -15 Storm Sewer Improvement Project, Project No. 1981 -16 2. The City Clerk shall advertise for bids for such improvements by publications at least twice in the official newspaper and in the Construction Bulletin, the date of last publication not less than ten (10) days prior to the date for receipt of bids. Said notice shall state 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, or certified check payable to the City Clerk in the amount of not less than five per cent (50) of the bid. RESOUJTION NO. 3. Bid date is set for June 18, 1981, at 11:00 o'clock, a.m., local time. 4. The City Manager and City Engineer are hereby authorized to open and tabulate the bids. 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 saran: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EX=ION OF AGR=NT FOR SOIL a1GINEERING SERVICES FOR PROJECT 1980 -06: PEDESTRIAN/BICYCLE BRIDGE ACROSS T.H. 100 AT SHINGLE CREEK BE IT RESOLVED BY THE CITY COUNCIL OF TAE CITY QF BROOKLYN CENTER that the Mayor and City Manager are hereby authorized to execute an agreement for soil engineering services for Project No. 1980 -06 (Pedestrian/Bikeway Bridge Across T.H. 100 at Shingle Creek) with the Soil Exploration Cbrp ny in accordance with their proposal dated May 1, 1981. The fee for said services shall not exceed $2,500 without additional authorization by the City. BE IT FURTHER RESOLVED that the amount of $2,500.00 is hereby appro- priated to Project No. 1980 -06 for payment of said services fry the Municipal State Aid Fund, Account No. 2611. Date Mayor ATTEST: _ - Clerk The motion for the adoption of the forecp ing 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. Manber introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED ASSESSMENTS WHEREAS, on April 6, 1981, the City Council of Brooklyn Center approved a request by Meadow Corporation, owner and developer of the subdivision known as THE PONDS PLAT SIX, that the costs of: STORM SEWER IMPROVEMENT PROJECT NO. 1978 -35 GRADING, BASE, AND SURFACIDG U PROVFMENT PROJECT NO. 1978 -36 and CURB AND GUTTER E PROJECT NO. 1978 -37, said projects being the street improvements to Unity Avenue North installed from the southerly line of said subdivision northerly to 73rd Avenue North, be assessed against the benefited property within THE PONDS PLAT SIX; and WHEREAS, the construction of said improvement projects was accomplished pursuant to the provisions of Minnesota Statutes, Chapter 429, authorizing special assessments; and WHEREAS, the City Clerk, with the assistance of the Director of Public Vtbrks, has determined that the costs for the improvements, including capitalized interest at 15% on the unpaid costs billed to Meadow Corporation on November 20, 1980, also including 4% additional legal and administrative costs are as follows: Improvement Project No. 1978 -35 $24,326.42 :improvement Project No. 1978 -36 $18,758.42 Improvement Project No. 1978 -37 $34,298.57 and, • WHEREAS, the City Clerk, with the assistance of the Director_ of Public Works has calculated the proper amount to be specially assessed for such improve - meets against every assessible lot, piece, or parcel of land within THE PONDS PLAT SIX, without regard to cash valuation, as provided by law, and has filed a copy of such proposed assessment in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA: 1. The cost of each improvement project to be assessed against the benefited property owners is declared to be the full amount set forth above. 2. A hearing shall be held on the 22nd day of June, 1981, in the City Hall, 6301 Shingle Creek Parkway, at 8:00 P.M., local time, to pass upon proposed assessments for the improvements listed above, and 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 assessment. 3. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least tvo weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than tv%;o weeks prior to the hearing. RESOLUTION NO. 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1981 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALAP,Y ADJUSTMENTS WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may by majority vote of its members, transfer unencumbered appropriation balances from one office, department, or agency to another within the same fund; and WHEREAS, on October 6, 1980, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1981; and WHEREAS, when said budget was adopted, 1981 salaries and wages for most City employees had not been set; and WHEREAS, the City Council did appropriate funds for departmental labor and fringe benefits in the amount of $312,200 to Unallocated Departmental Expense (Department #80) to provide funds for 1981 salary and wage settlements; and WHEREAS, with the exception of Police Sergeants, wages and salaries for the calendar year 1981 have now been set by the Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer $279,016 from the following Unallocated Departmental Expense (Department #80) appropriations: 01 -4100 Salaries, Regular Employees $241,948 01 -4141 PERA- Regular 4,300 01 -4142 PERA- Combined 7,016 01 -4143 PERA- Police 9,323 01 -4144 Social Security 8,429 01 -4151 Hospitalization Insurance 8,000 $279,016 to the following departmental appropriations: Department Salaries, Salaries, Salaries, PERA PERA PERA Social Group or Regular Overtime Temp. Regular Comb. Police Sec. Health Division No. 01- 4100 01 -4112 01 -4130 01 -4141 01 -4142 01 -4143 01 -4144 01 -4151 City Manager's 13 $ 18,536 $ $ $ 437 $ 592 $ $ 801 $ 460 Elections 14 288 16 19 20 Assessing 15 9,164 1,100 566 684 240 Finance 16 14,495 731 415 502 480 Govt. Bldgs. 19 10,464 100 600 614 738 420 Police 31 73,142 3,000 2,800 146 1,002 9,046 1,207 7,547 RESOLUTION NO. _ Department Salaries, Salaries, Salaries, PERA PERA PERA Social Group or Regular Overtime Temp. Regular Comb. Police Sec. Health Div ision No. 01 -4100 01 -4112 01 -4130 01 -4141 01 -4142 01-4143 01 -4144 01 -4151 Fire 32 $ $ $2,040 $ $ $ $ $ Plan. /Insp. 33 13,173 700 778 870 300 Emerg. Prep. 34 2,311 588 32 277 39 60 Engineering. 41 18,013 400 1,400 585 762 920 (420) Strebts,Maint. 42 24,280 700 400 949 895 1,088 1,849 Vehicle Maint. 43 7,211 100 230 282 339 632 Rec. /Parks Admn. 61 11,407 322 474 574 360 Parks Maint. 69 •18,892 1,000 962 588 648 1,634 Total $221,376 $5,300 $9,628 $4,362 $7,016 $9,323 $8,429 $13,582 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Member introduced the following resolution and moved its adoption: RI SOU.JTION NO. RESOEUTION AUTHORIZ111r RECONVEYANCF OF FORFEITED LANDS TO STATE OF MINNESOTA WHEREAS, Pursuant to Minnesota Statutes, Section 282.01, Subdivision 1, the State of Minnesota, as trustee under Minnesota Statutes, Section 281.25, on the 11th day of August, 1.967, conveyed to the City of Brooklyn Center the lams hereinafter described, to be used for an authorized public use, and WHEREAS, the City of Brooklyn Center has failed to put such land to the public use for which it was conveyed, and now desires to reconvey said lands to the State of Minnesota, as such trustee, ISDW, THEREFORE, BE IT RESOLVED BY T1-1E CUJNCIL OF THE CITY OF BROOKLYN CENTER, that the Mayor and City Manager are hereby authorized to execute an in- denture 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 reconveying 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 South half (S 2) of East 50 feet of West 150 feet, Lot Nine (9).. Block Three (3), Bellvue Acres, Hennepin County, Minnesota, in trust as provided. by Minnesota Statutes, Section 281.25, upon like conditions and with like effect as if said lards had not been conveyed to said party of the first part as aforesaid. Date Mayor • ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by merber , and upon vote being taken thereon, the follow - ing vote 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 ACCEPTING BIDS FOR INSTALLATION OF NEW ROOF AT BROOKLYN CENTER WEST FIRE STATION /LIQUOR STORE WHEREAS, the City Clerk and Administrative Assistant have reported that on May 5, 1981, at 11:00 a.m. they opened and tabulated bids received for furnishing and installing a new roof at the Brooklyn Center West Fire Station /Liquor Stare and that said bids were as follows: BIDDER TOTAL ` Central Roofing Company $31,178.00 Ettel & Franz Company 35,850.00 Faircon Roofing Company 33,265.00 Busse Company 33,124.00 Lester Dalbec 33,894.00 G. A. Jacobson Roofing, Inc. 26,540.00 • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the bid of G. A. Jacobson Roofing, Inc. for furnishing and installing a new roof in accordance with the specifications is deemed to be the best bid submitted b a responsible bidder and said bid is hereby Y P Y accepted. I Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT WHEREAS, the Brooklyn Center Lions Club has donated to the City two picnic tables and has designated that they be installed in Lions Park; and WHEREAS, the City Council is appreciative of this gift and commends the Brooklyn Center Lions Club for its civic effort: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude. Date Mayor s - • ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROCLAIMING JUNE AS PARKS AND RECREATION MONTH WHEREAS, suitable and positive leisure experiences are vital to good physical and mental health and enhances the quality of life for all peoples; and WHEREAS, all citizens can fulfill their potential in the use of their leisure time through the varied individual and group opportunities provided by the Brooklyn Center Parks and Recreation Department: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center does hereby proclaim June, 1981 as Parks and Recreation Month in Brooklyn Center. 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 DECLARING JUNE 5 THROUGH JUNE 14 AS BROOKLYN CENTER EARLY BIRD DAYS WHEREAS, the purpose of the City of Brooklyn Center Early Bird Days is to promote the City of Brooklyn Center, its people and amenities; and WHEREAS, the Brooklyn Center Park and Recreation Department, the Chamber of Commerce and other community groups participate in the annual civic celebration to demonstrate the vitality of the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to declare June 5 through June 14, 1981 as the dates for Brooklyn Center Early Bird Days. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOT-UTION NO. RESOLUTION FSTABLTSHING COUNTY STATF. AID HIGH[ ,, TAY 10 STREET IMPROVF,'��3�PI' PROJECT 1981 -17, ASCEPTIXI CITY ENGI�TEER' S REPORT, AND PROVIDING FOR PUBLIC DARING ON PROPOSED IMPROVEMF,NT PROJECT NO. 1981 -17 WHEREAS, the City Council deems it necessary and in the best interests of the City of Brooklyn Center to modify the existing roadway on C.S.A.H. 10 between T.H. 152 and Xerxes Avenue North to provide a turn lane at Northway Drive for continuity of traffic flow; and WHEREAS, Hennepin County has given concept approval to the proposed r improvement; and WHEREAS, the City Engineer has made a preliminary report advising that said proposed improvement is feasible and that it can be constructed at a cost of $32,490.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that said improvement be established as Immprovement Project No. 1981 -17. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Engineer's Report is hereby accepted and that the City Engineer be directed to prepare plans and specifications for said Improvement Project Ib. 1981 -17. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The Council proposes to proceed under authority granted by Minnesota Statutes, Chapter 429. 2. The area to be assessed for said improvement is as follows: Lot 1, Block 1 and Lot 2, Block 1, Brockdale 2nd Addition and Tract B, R.L.S. 1262. 3. A public hearing on the proposed iTprove ment shall be held at the City Hall in the City on Monday, the 22nd day of June, 1981, at 8:00 o'clock P.M., and the Clerk shall give mailed and gab - lished notice of such hearing and improvement as recuired by law. 4. The proposed improvement shall be designated as County State Aid Highway 10 Improvement Project No. 1981 -17. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by embm tier and upon vote being taken thereon, the RESOLUTION NO. following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOI:LYN CENTER ORDINANCE NO. AN ORDINANCE AMENDII`IG THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CE14TER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 Section 12.05 is hereby amended as follows: Section 12.05. SALES OF REAL PROPERTY. No real property of the City shall be disposed of except by ordinance. The proceeds of any sale of such property shall be used, as far as possible, to retire any outstanding indebted- ness incurred by the City in the purchase, construction, or improvement of this [or other] property.[used for the same public purpose. If there is no such outstanding indebtedness; the Council may by resolution designate some other public use for the proceeds.] 11henever the outstanding indebtedness against the sold property has been satisfied, the remaining proceeds shall be used for an of the following purposes: (1 Purchase additional real property or construct or make improvements on existing .City owned re al property. (2) Reduce indebtedness on other City owned rea propert (3) Establish a reserve for future acquisiti or improvement of real property. Section 2. This ordinance shall become effective after publication and ninety (90) days following its adoption. 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.] (Published in the Brooklyn Center Post March 19, 1981.) CITY OF BPDOY.LYN CEDER ORDI1 NO. AN ORDINMEE AT ENDING CHAPTER 3 OF THE CI`IY ORDINANCES ADOPTING UIE 1980 MINNESOTA STATE BUILDFNG CODE BY REFS -1ZE= AND DELETING PERMIT FEES THE CITY COUNCIL OF THE CITY OF B1UO YN CE MR DOES ORDAIN AS FOLLO1S : Section 1. Chapter 3 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 3 -101 ADOPTION OF THE MINNESOTA STATE BUILDING CODE. The City of Brooklyn Center hereby adopts by reference those State Regulations [S.B.C. 101 through S.B.C. 89011 2.1CAR 1.10101_ throu 21 1. 18901 collectively krimm as the Minnesota State Building Code, filed with the Secretary of State and the CoEmiissioner of Administration [on January 6, 1972, and subsequent amendments to those regulations duly adopted and filed by the State Department of Administra- tion three copies of which Code shall be on file and available for inspection in the Office of the City Clerk. Those regulations, combined with the provisions of this Chapter of the City Ordinances shall hereinafter be known as the "Building Code".] on Septenber 9, 1980 The following codes are ado�nted_by_reference as art of - the - 1980 Minnesota State Suilc7ing bo, e:_ 1 979 Edition of the Uniform Building Ca de , iden tified as the "UBC." • 1973 Na tional Elec Code identifie a s "NE (C) 1978 American National Standard Safety Code for elevators, dumb -- . __ -.- -.__ -- wait ers, escalators, and moving walks, identifi as "AN A17.1 -1978, and s upplements ANSI A17.12 -1979. (D) 1979 Mi nnesota Plumb Code, identified as 11 1 ,, HD 120 through MFID 135." E) Flood Pr R �ul a tions (FPR), Office of the Chief Engineers, U.S. Army. (F) 1975 Edition of the One and Tvo famil Dwelling C ode. G) 197 Edi tion of th H eati g, Ven A ir Conditioni and Refriqeratio Code, identified as SBC 71 01 through SBC 8 505. (11) The follo wing mandatory appendices, annex an su pplemental raterial listed in this code: (1) Minne St ate Building Code, A "A ", identified as "Tech nical u uirements for Fallout Shelters ", (applying onl to State o umed buildin (2)_ Minne State Building C ode, A "B ", identified as "V ariatio n in Sn ow Faad (3) 19 79 UB � �nd_L-Y Ch 35 identif a "Sound Trans- Pe � _� _ _ - mission Control. " Minnesota Plum bingSode, Apt�end "B ", identified as as=f i bina Illustrations . " Section 3 -101 continued Three codes of_the 1980 Minnesota State Building Code shall be on file and available for in ssection in the Office of the City Clerk. _- .Those regulations comb ined with the provisions of this Chap_pr of the Cites Qrdnance_s_h�ll . hec- inafter be known as th "B uilding Code." Section 3 -103 (G) Permit Fees. (1) Building Permit Fees. The fee for any building permit shall be determined [according to the provisions of Section 303 of the edition of the Uniform Building Code, Volume 1, currently refer enced by the Mii mesota Building Code.] by the fee schedule adopted by City Council Resolution based on the valuat of each building. The building valuation referred to therein shall be computed using the up -to -date average construction cost per square foot established from time to time by the State Building Inspector. (2) Plumbing Permit Fees. Fees for plumbing permits shall be [computed on the basis of the number of plumbing fixtures and devices and of the type of system or plumbing work as set forth below.] as set forth by City Council resolution for each type of plumbing fixture, plumbing system or service uprk. For the purpose of this ordinance a plumbing fixture is defined as a device intended to be connected to the plumbing system, such as any sink, laundry tub, bathtub, wash basin,drinking fountain, floor drain,water closet, water heater or any other such devices. [There shall be a minimum permit fee of $10.00.] [Plumbing fixtures installed $ 5.001 [Plumbing fixture opening for future installation 4.001 [Catch basin installed 10.001 [Mater heater installed 5.00] [Ground run to building 10.001 [Rainwater leader 5.001 [Installation of water treating or filter device 7.001 [Potable water well drilling ]5.00] [Irrigation connection 15.001 [Repair or alteration of existing plumbing or 3% of estimated water distribution system cost] [Fire Suppression Systems] [Standpipes, 1 -3 floors 15.001 [Each additional floor 1.501 [Automatic Sprin]- .lens, lst floor 30.001 [Each additional floor 10.001 Section 3 -103 (G) (2) continued [The fee on any new single family dwelling plimting system including fixtures, devices, openings, and water piping shall be $30.00.1 [A plumbing permit shall be required for gas piping; the permit fees are set forth below. Fees for gas fitting of applicances and heating systems are set forth under Mechanical System Permit Fees ( Section 3-103 (G) (4) . ] [Up to 2 -inch diameter pipe] [1 -3 openings $ 3.501 [Each additional opening 1.501 [2 -inch and over diameter pipe] [1 -3 openings 10.001 [Each additional. opening 2.001 (3) Electrical System Permit Fees. Fees shall be calculated and paid according to the [following] schedule set forth by City Council resolution. [There shall be a minimum permit fee of $10.00. [(a) Services, changes of services, ternporary services, additions, alterations or repairs on either primary or secondary services shall be computed separately. In the case of services in excess of 230 volts, the following fee anounts shall be doubled.] [0 to and including 60 amp capacity 5.001 [61 to and including 100 amp capacity 6.001 [101 to and including 00 amp capacity 7.501 P � �J Y [For each additional 100 amp capacity or fraction thereof 3.001 [(b) The fee for circuits installation of, additions to, alterations of or repairs of each circuit or sub - feeder shall be computed separately, including circuits fed from sub - feeders and including the equipment served, except as provided for in items (c) through (h). In the case of services in excess of 230 volts, the following fee amounts shall be doubled.] [0 to and including 30 amp capacity (maximum number of 0 to 30 amp circuits to be paid on is 30 in any one cabinet) 1.501 [31 to and including 100 amp capacity 3.001 [For each additional 100 amp capacity or fraction thereof 1.001 [(c) The fee on any new single family dwelling electrical system, including service, feeders, circuits, fixtures and equipmnt shall be $30.00. Section 3 -103 (G) (3) continued [(d) The fee on a new multiple family dwelling building shall be $14 per dwelling unit for the first 20 units and $10 per dwelling unit for the balance of the units.] [(e) In addition to other fees, all transformers and generators for light, heat, and power shall be computed separately at $4 per unit plus $.25 per IM up to and including 100 KVA and $.25 per YVA for 101 YVA and over. The max mim fee for any transformer or generator in this category shall be $40._] [(f) In addition to other fees all transformers for signs and outline lighting shall be computed at $6 for the first 500 VA or fraction thereof per unit, plus $.20 for each 100 VA or fraction thereof in excess of 500 VA per unit.] [(g) In addition to other fees, (except dwellings) remote control, signal circuits, and circuits of less than 50 volts shall be computed at $5 per each ten openings or devices of each system plus 50� for each additional ten or fraction thereof.] [(h) For special inspections or services, or for reinspections of improper vurk, the Building Official may impose such additional charges as are reasonably related to the cost of providing the service.] (4) Mechanical System Permit Fees. Fees shall be paid according to the [following] schedule [ : ] set forth b y Ci Council resolution. [,(.a) Installation, alteration, reconstruction, or repair of any heating, ventilating, comfort cooling, or refrigeration equiFment, shall be computed on the basis of the estimated cost of the proposed work, except as herein provided.] [Up to and including $500 $ 5.001 [Over $500 but not over $50,000 20 of valuation] [Over $50,000 10 of valuation] [(b) A mechanical permit shall be required for gas pipe fitting for connection to any gas burning device, except as herein provided; the fees are set forth below. Fees for gas piping are addi tional and are set forth under Plumbing System Permit Fees (Section 3 -103 (G) (2) . The appropriate fee for gas water heaters shall be applied to the plumbing permit rather than a mechanical permit. The permit fee for installing each gas stove, range, water heater, process burner, or similar gas burning device not used in connection with a heating system shall be:] [I [Not exceeding 99,999 $ 7.001 [100,000 - 199,000 12.001 [200,000 - 399,000 24.001 [400,000 - 599,000 35.001 [600,000 - 999,000 48.001 [over 999 000 -use gas burner /heating system fee schedule Below.] Section 3 -103 (G) ,, (4) (b) continued [The permit fee for installing gas burners and fittings for use in connection with a heating system shall be:] [ Input (B.T.U.'s [Up to 999,000 - use gas appliance /nonheating schedule, above.] [1,000,000 - 2,449,000 $30.001 [2,500,000 - 9,999,000 96.001 [10,000,000 - 49,999,000 140.001 [50,000,000 - 74,999,000 180.001 [75, 000, 000 and over 240.001 [(c) A mechanical permit shall be required for the installation, for the removal, and for the replacement of any in- ground or above- ground tanks or vessels and related piping used for the storage of gaseous or liquid fuels or chemicals. Permit fees shall be:] [Above ground new installation $25.001 [In- ground new installation 35.001 [Above gro und rennval 15.001 [In-- ground rewval 25.001 [Replace like tank to existing system 25.001 [(d) It is not intended that permits shall be required for portable heating, ventilating, comfort cooling, or refrigeration equip- ment, nor for the replacaient of any component part or asser -,bly of an appliance which does not alter its original approval and which complies with other applicable requirements of the Building Code . ] 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 (Brackets indicate matter to be deleted, underline indicates new muter.) • CITY OF BRO0IMYN C=L R ORDINANCE 10. AN ORDINAlCE A=ING CHAPTERS 15, 34, ARID 35 BY DELETING CERTAIN FEES THE CITY COUNCIL OF TFIE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLIf {JS: Section 1. Chapter 15 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 15 -104. PRELINLQQARY PLAN. A. PROCEDURE 1. Before dividing any tract of land into trov or mre lots or parcels, an owner or subdivider shall, unless a variance is authorized, file with the City Clerk: a. Four copies of the preliminary plan. b. A cash fee [of $25 plus one dollar ($1) for each lot up to a maximum total of $150.] in an anount set forth by City Cou ncil resolution This fee will be used for the expense of the City in connection with approval or disapproval of said plat and any final plat which may thereafter be submdtted. Section 2. Chapter 34 of the City Ordinances is hereby amended as follows: Section 34 -151 SIG T PER TIT FETES • [The following permit fees are hereby established and] A c ash fee in an anount set forth by City Council resolution shall be collected before the issuance of any sign permit for which fees are required under the provisions of this ordinance. [1. The permit fee for any permanent sign other than a freestanding sign shall be $10 for the first fifty (50) square feet of gross area or fraction thereof and $5 for each additional fifty (50) square feet of gross area or fraction thereof.] [2. The permit fee for any permanent freestanding sign shall be $15 for the first fifty (50) square feet of gross area or fraction thereof and $10 for each additional fifty (50) square feet of gross area or fraction thereof.] [3. The fee for permits for the installation of any electrical wiring for any sign shall conform to the electrical fee schedule as contained in Chapter 3 of the Ordinances of Brooklyn Center.] Section 3. Chapter 35 of the City Ordinances is hereby amended as follows: S ection 35 -210 REZONING APPLICATION PROCEDURE'S AND RECONSIDERATION 1. Procedures (b) The applicant or his authorized agent shall fill out and sulx t to the Secretary of the Planning Commission a "zoning appli- cation," copies of which are available at the municipal offices together with a fee [of $75] in a n anount as set forth b City_ Section 35 -210 (1) (b) continued Council resolution The application shall be filed with the • Secretary of the Planning Cor ussion at least seventeen (17) days before the date of the public hearing. Section 35 -220. SPECIAL USE PM STS 1. Procedures (b) The applicant or his authorized agent shall fill out and submit to the Secretary of the Planning Co, fission a "Special Use Permit" application, copies of which are available at the municipal offices together with a fee [of $251 forth__ by City_ CX� a l .. _aQl�ut on. The application shall be filed with the Secretary of the Planning Co=, ssion at least fourteen (14) days before the date of the public hearing. 5. Revocation and Extension of Sr�ecial Use Pezrtits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Plan- ning CoiTnlission or the City Council unless the applicant or his assignee or successor commences v,. upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Cc=.dssion a "Special Use Pernit" application requesting such extension and paying an additional fee [of $15.00 ] in an ar�unt as set forth by City Council resolution. Special use perr.�i is granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not conTaenced within that time. In any instance where an existing and established special use is abandoned for a period of one year, the special use perrat related thereto shall expire one year following the date of abandonment. Section 35 - 230. PLAN APPMVAL 1. Procedures (a) A "Plan Approval" application shall be initiated by the owner of subject property or by his authorized agent. The applicant shall fill out and subs -.it to the Secretary of the Planning Commission a "Plan Approval" application, copies of which are available at the municipal offices, to- gether with a fee [of $25] in an amunt as set forth by City C resolution. The application shall be filed with the Secretary of the Planning Co scion at least fourteen (14) days prior to the next regular meeting of the Planning Comdnission. • Section 35 -240. VARIANCES 1. Procedures (b) The applicant shall fill out and submit to the Secretary of the i Board of Adjustments and Appeals a "variance" application, copies of which are available at the municipal offices, together with a fee [of $151 in an amunt as set forth by Ci Council resolution. The application shall be filed with the Secretary of the Board at least fourteen (14) days before the date of the public hearing. Section 35 -251. APPEALS 2. Procedures (a) A written appeal stating the position of the appellant a a f ee in an arnunt as set forth by City Council resolut shall be filed with the Secretary of the Board of Adjustments and Appeals v at least fourteen (14) days prior to the next regular meeting of the Board of Adjustments and Appeals. Section 4. 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 (Brackets indicate matter to be deleted, underline indicates new matter.) Licenses to be approved at the May 18, 1981 City Council meeting. FOOD ESTABLISHMENT LICENSE Brooklyn Center Babe Ruth 1706 72nd Ave. N. Evergreen Park - 7112 Bryant Ave. N. � Grandview Park 1600 59th Ave. N. f Sanitarian 19 P GAMBLING LICENSE ' St. Alphonsus Men's Club 7025 Halifax Ave. N. City Clerk ITINERANT FOOD ESTABLISHMENT LICENSE Sears Roebuck Brookdale Center _C AA,&,, Sanitarian MECHANICAL SYSTEM'S LICENSE Northwestern Services, Inc. 2296,Territorial Rd.�� �� Buildin Official RENTAL DWELLING LICENSE Initial: Larry Fields 6618 Camden Dr. Jon Lindman 1600 Irving Ln. Edwin E. Kauffmann 5716 -5720 Logan Ave. 6400 Meyering 6400 Major Ave. N. Nancy & Jack Huang 3518 Woodbine Ln. W.E. Goins 5930 Zenith Ave. N. Eugene W. Hess 3218 63rd Ave. N. Jack Huang 5419 70th Circle Renewal: Norman Chazin Brookdale Manor Apts. Lang- Nelson._Associates Chalet Courts Columbus Village Partnership Columbus .Village Apts. Norman Chazin Four Courts Apts. Norman Chazin Northbrook Terrace Apts. Norman Chazin Northlyn Apts. ` David Jensen 5501 Brooklyn Blvd. Norman Chazin 6037 Brooklyn Blvd. Thomas B. Egan 5239,41 Drew Ave. N. R.J.S. Properties 5240 Drew Ave. N. John S. Tschohl 6737 Drew Ave. N. Mike Sonnack 6637 Humboldt Ave. N. Transfer: Harshad Bhatt 7206 -7212 W. River Rd. Director of Planning and Inspections SIGN HANGER'S LICENSE Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. Buildin Official VIP M & C No. 81 -8A May 27, 1981 FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN CENTER • subject: Problems and Concerns -- Ponds Homeowners Association To the Honorable Mayor and City Council: Over the last approximately 30 days representatives of the City of Brooklyn Center have met with representatives of the Ponds Homeowners Association on a number of occasions. The Homeowners Association has expressed a number of different concerns and problems, which they believe the City should address. The purpose of this memorandum is to list those problems and concerns, and address staff comments toward these issues for the Council's review and consideration. The first concern of the Association was the storm sewer outlet, which runs northwest off the corner of 71st Circle and Unity and empties into a pond at r A he records and t that location. We reviewed our r ca Y indicate the washing out which has occurred around the outlet of this storm sewer is the responsibility of the City of Brooklyn Center. We do believe we have recourse to the developer because the initial construction may not have been handled properly, but that .is our problem and it will be our intention to fix the problem this summer. Another critical problem for the people in the area was the large number of tumbleweeds which inundate the area at certain times during the year. The source of these tumbleweeds is from a portion of undeveloped ground in the City of undeveloped land in the Ponds III and of Brooklyn n Parkand a or p Y Y p V Additions. Mr. Warren has been able to determine the area within Brooklyn Park, which contributes to the tumbleweed problem, is the property of the City of Brooklyn Park and in discussions with Brooklyn Park City officials they indicated they would be seeding and cleaning the area to eliminate this source. Brooklyn Park officials indicated that the mound of dirt which is the source of the tumbleweeds is designated as a sliding hill. The tumbleweed areas within Brooklyn Center in the III and V Addition are covered under a bond the City has from the developer. If he does not meet the requirements of seeding and /or sodding the area as required in our development contracts, we will recommend to the City Council that they revoke the bond and take, action on it if by mid summer we do not see the developer solving the problem. Another concern expressed by the Association was the feasibility of installing a grate of some type that would trap the debris coming through the pipe under 69th Avenue. I have reviewed the feasibility of such a project with our Engineering Department. They have told me that it certainly will be possible to install a trash grate that would trap the trash which would flow through the pipe, e, but they recommended against that approach. First of all the road is a County's a roval, but I don't think ,- have to seek the pp County road and we would av that would be a major problem. The main reason for our negative reaction to this proposal is the fact that the pipe is a relatively small pipe and as such this type of device on the end would quickly clog up and because there is not much grade on the whole drainage system it could cause backups on the southside of the road and cause possible flooding damage. The Engineering Department • also states it would be a maintenance headache to keep that grate clean and if it wasn't kept clean on a regular basis it could produce the above mentioned flooding. M & C N0. 81 -8 -2- May 27, 1981 The Association is also concerned about a rock dam, which was constructed by the developer on the western edge of the Ponds development and is in a deteriorating condition. We have researched this situation and find that the developer has a bond with the City which guarantees certain improvements will be constructed by December 3, 1981. The dam in Ponds V Addition is one of these improvements. It would be our intention to discuss with the developer his specific plans for the construction of this dam and attempt to set it at a level which would eliminate the need for the deteriorating dam in the more settled part of the development. Again, we will be meeting with the developer with regard to this matter and the tumbleweed problem, along with others, and find out his precise plans in this area. If we find by December he has not performed in accordance with his agreements, we will recommend to the Council foreclosure on the bond. We would anticipate if this occurs, we would not be able to move in and use the bond monies until sometime in 1982 to construct the dam on Ponds V Addition. The Association also requested that the City look into the feasibility of vacating Unity Avenue in the area of the Ponds development with the exception of Plats 6 and 7 on the far north end of the development. Members of the Association stated the area is a very dangerous speedway and they also have had others problems with thru traffic in the area. They also raised the question of liability incurred by the Association due to the public road running through their development. Questions were also raised regarding the setbacks of the units built along Unity Avenue and how that affected the publicness of Unity Avenue. First of all with regard to any setback concerns, the setbacks of the units from Unity Avenue from the best we can • determine without a registered survey, are within the ordinance limits. If the Council is to consider the matter of vacating the public roadway of.Unity Avenue, a review with the staff and with our City attorney indicates the following issues must be addressed: 1. A determination will have to be made by the City Council as to whether or not the vacation of a portion or all of Unity Avenue would adversely affect the public road system and access in the area. 2. A review would have to be made of what the loss of this road from our system would do to our ability to properly service the area with all the basic City services. 3. The City attorney advises us that an agreement would have to be received from each individual member of the Homeowners Association and the Homeowners Association as a group if all other conditions are met for the City to accomplish the vacation. 4. If vacated the Association would have to assume the maintenance responsibility for the vacated roadway. 5. A review of the effect of the vacation on the circulation pattern and traffic patterns within Brooklyn Park and consultation with that community would have to occur. M & C NO. 81 -8 -3- May 27, 1981 • 6. We would have to review the effect the vacation of this roadway would have on any special assessments due or pending within the vacated portion of the roadway. 7. The City attorney also had a number of minor items that he may have a concern about. He will be handling some of the above items and detailing them in the attached memorandum. In reviewing the road vacation matter, the above listing is not intended to mean that to vacate the roadway is an impossible task. On further investiga- tion the stated concerns and problems may well be surmountable and may well be of benefit to the City, but at this time we cannot comment as to any benefit or any detriment. If the City Council believes the staff should investigate further this request, they should request us to do a further detail study and we will be prepared to conduct that study and report back to the Council at a future date. Because many of my departments are heavily tied up during the summer, I feel sure should the Council order this report that I do not believe we could accomplish it until late this fall. Respectfully submitted, Gerald G. Splinter City ' Manager • CITY OF BROOKLYN CENTER en cs .