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HomeMy WebLinkAbout1980 11-17 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER Q, ' NOVEMBER 17, 1980. 7:00 p.m. 1. Call to Order, 2. Roll Call ( 3. Invocation 4. Approval of Minutes -October 20 1980 Re �" � Regular Session g - September 17, 1980 Special Session t? November 4, 1980 Special Session 5. Open Forum 6. Final Plat Approvals: a. Rudenick- Maahs, located on the north side of 69th between Oliver and Newton. b. Brookdale Square -Final plat approval and subdivision agreement approval. 7. Performance Bond Releases /Reductions Releases: a. Lowry Realty, 7000 Brooklyn Boulevard b. Duke's Standard, 6501 Humboldt Avenue North Reductions: _ a. Brooklyn Law Center, 5637 Brooklyn Boulevard b. F & M Savings Bank, 5825 Xerxes Avenue North C. Medtronic, Inc., 6700 Shingle Creek Parkway 8. Appointment to Human Rights Commission R -Dr. Marvin Trautwein 9. Resolutions: a. Accepting Bid and Approving Contract Form for Contract 1980 -P (67th Avenue North Storm Sewer Extension) o I /K- b. Accepting Work Performed Under Contract 1980 -D (Summit Drive Improvements) C. Approving Subdivision Agreement with Dominion Development Corporation -This resolution comprehends the Spec 9 -13 area. kid" (-;- d. Accepting Work Performed under Project 1980 -25 (Construction of 30" 2 -7 '�µ-' O.D. Water Main Casing Pipe under Y -94 and Adjacent Noise Wall near West Property Line of Central Park) 7� e. Expressing Opposition to Hennepin County Board Resolution No. 80 - - 719 /LUk Regarding Booking Charges d CITY COUNCIL AGENDA -2- November 17, 1980 10. Planning Commission Items (7:30 p.m.): a. Application No. 80038 submitted by K -Mart Corporation for site and building plan approval for a new garden shop and special use permit approval for operation of the auto center at 3600 63rd Avenue North. This application • was tabled at the Commission's October 9, 1980 meeting and the Planning Commission recommended approval of Application No.80038 at its October 23, 1980 meeting. Consideration of Application No. 80038 was requested to be deferred to November 17, 1980 by K- Mart. � ,� b. Application No. 80039 submitted by K -Mart Corporation for preliminary RLS approval to combine three existing tracts at 3600 63rd Avenue North into a single parcel. This application was tabled by the Commission at its October 9, 1980 meeting and the Planning Commission recommended approval of Application No. 80039 at its October 23, 1980 meeting. Consideration of Application No. 80039 was requested to be deferred to November 17, 1980 by K- Mart. 11. Ordinances a. An Ordinance Vacating a Portion of the Utility Easements Existing on .Lots 7 and 8, Block. 3, Halek s Addition -1 -This vacation relates to the relocation of the utility easement required by the Rudenick -Maahs Addition. The final plat provides a new location of this easement. This ordinance was first read on October 20, 1980, published on October 30, 1980 and is presented this evening for a second reading. b. An Ordinance Vacating a Portion of the Utility Easements Existing on Tracts C and D, Registered Land Survey No. 1360 -This vacation relates to the relocation of the utility easement required �l by the Medtronic site development and plat. The final plat provides a new location for this easement. This ordinance was first read on October 20, 1980, published on October 30, 1980 and is presented this evening for a second reading. C. An Ordinance Amending Section 35 -1110 of the City Zoning Ordinance Regarding R2 District Boundaries -This ordinance comprehends the rezoning of the property 'along Brooklyn Boulevard from 53rd to 55th Avenues North and is presented this evening for a first reading. The ordinance confirms the Council action of October 20, 1980. 12. Discussion Items: a. Consideration of Revocation of Special Use Permit for "Snacks and Nick- Nacks" located at Humboldt Square. b. Human Rights Commission Chemical Dependency Seminar -The Human Rights Commission is planning to hold a Chemical Dependency Seminar in January of next year. The seminar would involve a series of speakers providing information on.drug education and drug abuse prevention. The staff will be prepared to discuss this item in more detail at the meeting. CITY COUNCIL AGENDA -3- November 17, 1980 • 13. Consideration of Specified Licenses: - Operate on -sale nonintoxicating liquor license at Taco Towne, 6219 Brooklyn Boulevard. 14. Licenses 15. Adjournment i �,I Member introduced the following resolution and moved its adoption: r w RESOLUTION N0. RESOLUTION ACCEPTING WORK PERFORMED UDIDER CONTRACT NO. 1980 -D (SUMMIT DRIVE AND VARIOUS LOCATIONS) WHEREAS, pursuant to written Contract Db. 1980 -D signed with the City of Brooklyn Center, Minnesota, Thomas and Sons Construction, Inc. has satisfactor- ily completed the following improvement in accordance with said contract: CURB AND GUTTER IMPROVEMENT PROJECT N0. 1980 -02 Curb and gutter placement on Summit Drive east fran Shingle Creek Parkway to Earle Brown Drive SIDEK LK M PROJECT NO. 1980 -03 Sidewalk placement on the northerly side of Summit Drive from Shingle Creek Parkway to approximately 400 feet south of Earle Brown Drive. SIDEWALK IMPROVEMENT PROJECT NO. 1980 - Sidewalk installation from the intersection of Irving Lane and Ir- ving Avenue North southward approximately 350 feet to 69th Avenue North (C.S.A.H. 130). SIDEWALK IMPR9JEMEW PROJECT 1980 -15 Sidewalk installation along the northeast side of John Martin Drive • from Shingle Creek Parkway southeasterly approximately 960 feet to _.: Earle Brown Drive. NOW, TfI=ORE, BE IT RESOLVED by the -City Council of the City of Brooklyn Center that: 1. The work completed for said projects under said contract are hereby accepted and approved. 2. The value of the work performed is less than the original contract amount by $1,230.50, as summarized by the following evaluation: (a) Project 1980 -02, at a value of $55,915.00, was $1,359.00 less than the contract amount of $57,274.00. (b) Project 1980 -03, at a value of $24,694.45, was $750.80 greater than the contract amount of $23,943.65, (c) Project 1980 -14, at a value of $3,640.55, was $15.60 greater than the contract amount of $3,624.95. (d) Project 1980 -15, at a value of $7,628.10 was $637.90 less than the contract amount of $8,266.00. 3. It is hereby directed that final payment be made on said projects taking the Contractor's receipt in full. The total amount to be paid for said improvement projects under said contract shall be $91,878.10. 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: __. �r�4 + -F.-,l l ,,,, -h., A - „- .•,4 --4- 4 -1•,,. --;A ----1,,4-4-- Member introduced the following resolution and moved its adoption: RESOLUTION ND. RESOLUTION ACCEPTING WORK PE2F'OFMED UNDER PIWFCT 1980 -25 WIMUAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Shafer Contracting Co., Inc. has satisfactorily completed the following improvement in accordance with said contract: WATERMAIN CAS= PIPE INSTALLATION PROTEC'P NO. 1980 -25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed was $74.00 less than the contract amount of $30,397.00. 3. It is hereby directed that final payment be made on said project taking the Contractor's receipt in full. The total amount to be paid for said improvement project under said contract shall be $30,323.00. ' Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING OPPOSITION TO HENNEPIN COUNTY BOARD RESOLUTION NO. 80 -9 -719 REGARDING BOOKING CHARGES WHEREAS, The Hennepin County Board has adopted Resolution No. 80 -9 -719, providing for the payment of a booking charge of $58.00 for each individual booked in Hennepin County Adult Detention Center against the committing jurisdiction in the amount of $58.00 per person, to become effective January 1, 1981; and WHEREAS, Resolution No. 80 -9 -719 further provides for a residential custody charge per quarter day to be established and assessed against, committing jurisdictions effective January 1, 1982; and WHEREAS, such charges would be unduly burdensome to this municipality; and WHEREAS, these charges would unfairly distribute costs to this municipality based on the performance of its Police Department in executing warrants for arrest that do not originate from this municipality's jurisdiction; and WHEREAS, there has not been sufficient study completed of the statistical breakdown of reasons for arrest (i.e., pursuant to warrant, violation of a felony statute, violation of state misdemeanor statute, violation of local ordinance), there is no accurate basis for determining the "committing jurisdiction" to be charged pursuant to Resolution No. 80 -9 -719. NOW, THEREFORE, BE IT RESOLVED, that this municipality opposes the imposition of any booking charge on January 1, 1981, pursuant to Resolution No. 80 -9 -719, and recommends that the Hennepin County Board take no further action prior to the completion of sufficient studies to determine where costs of the Hennepin County Adult Detention Center should properly be distributed; and BE IT FURTHER RESOLVED, that no action be taken by the Hennepin County Board in charging costs to this municipality prior to the completion of a study of the state law applicable to cost - sharing in this context. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken-thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. r CITY OF BROOKLYN CENTER T ORDIlNMUE NO. AN ORDINANCE VACAT1M A PORTION CF THE UTILITY EASIlM?I'S EXISTING ON TRACTS C AND D, REGISTERED LAND SURVEY NO. 1360 THE CITY COUNCIL OF THE CITY OF BROOKLYN CaMM, MINNESOTA, DOES ORDAIN AS FOLLOWS: s ' Section 1: Those portions of the utility easements on Tracts C k s and D, R.L.S. No. 1360, below described are hereby vacated as public utility easements: " A strip of land 40 feet wide in Tracts C and D Registered Land Survey No. 1360, files of the Registrar of Titles, Hennepin County, Minnesota, e centerline of which is described as follows Commencing at the southeast corner of Tract C, Registered Land Survey No. 1360; thence S 71 W a distance of approximately 465 feet to a point on the southwesterly boundary of said Tract C, said centerline of the easement there terminating, the north line of said easement extending to the easterly and southwesterly boundary of said Tract C ." Section 2: This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , 1980. llal'or ATTEST: Clerk Published in the official,newspaper Effective Date (Underline indicates new matter). } CITY OF BROOKLYN CENTER -ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF THE UTILITY EASEMIUS EXISTING ON LOTS 7 AND 8, BLOCK 3, HALEK'S ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MUSTNESOTA, DOES a' ORDAIN AS FOLLOWS: Section 1: Those portions of the utility easements existing on i' Lot 7, Block 3, Halek's Addition, below described are hereby vacated as public utility easements " The north 5 feet of the west 100 feet of the east 105 feet of Lot 7, Block 3, Halek's Addition according to the plat of record thereof, files of the Registrar of Titles, Hennepin County, Minnesota Section 2: Those portions of the utility easements existing on Lot 8, Block 3, Halek's Addition, below described are hereby vacated as public utility easements " !Ie south 5 feet of the west 100 feet of the east 105 feet of Lot 8, Block 3, Halek's Addition according to the plat of record thereof, files of ' the Registrar of Titles, Hennepin County, Minnesota Section 3: This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , 1980. Ma or l/ ATTEST: Clerk Published in the official newspaper Effective Date (Underline indicates new natter). z CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES R ELATIVE TO REZONING CERTAIN PROPERTY FROM R -1 TO R -2 THE CITY COUNCIL OF THE CITY OF BROOKLYN L N CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -1110 is hereby amended by the addition of the following: A ll that part of Lots 34 and 35, Auditors Subdivision No 216, lying within the following described line. • Beginning at a point on the west line of Lot 34, Auditor's Subdivision No. 216, 450 feet south of the northwest corner thereof, thence continue 'south a distance of 170 feet, thence southeasterly to a point 20 feet east of the southeast corner of Lot 3, Block 4, Balfan 's No rthport st Addition, thence continue east 55 feet, thence south 107.5 feet, _ t ence east 43 feet, thence south 107.5 feet, thence east 17 feet, thence south 75 feet to the north line of Lot i, Block 5, Balfany's Northport 1st Addition, thence east to the northeast corner of said l ot, thence south 75 feet, thence east 79 feet, thence south 150 feet to the north right -of -way line of 53rd Avenue North, thence easterly along said right -of -way line to its intersection with the west right of -way line of State Highway No. 152, thence northwesterly along the west ri ht -of -wa line of State Highway No. 152 to a Dint a lin Y ��_ y � • n n e parallel with and 450 feet south of the north line of Lot 34, Auditor's Subdivision No. 216, thence west to point of beginning. • Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this _ day of 1980 Mayor ATTEST Clerk Date of Publication Effective Date (Underline indicates new matter.) Licenses to be approved by the City Council on November 17, 1980 CHRISTMAS TREE SALES P.Q.T. Co. 63rd Brooklyn Blvd. 0. 5040 Brooklyn Blvd. City Clerk n� TY CIGARETTE LICENSE Thrifty -Scot Motel 6445 James Circle City Clerk IND FOOD ESTABLISHMENT LICENSE K -Mart Corporation 3600 63rd Avenue North Sanitarian L ITINERANT FOOD ESTABLISHMENT Hennepin Technical Centers 9000 77th Avenue North Brookdale Mall -� Northport Elementary PTG 5421 Brooklyn Blvd. t, Sanitarian MECHANICAL SYSTEM'S LICENSE Acme Sheet Metal Co. 2314 Hampden Ave. Carlson Store Fixture Co. 26 North 5th Street Buildin Official ON - SALE NONINTOXICATING LIQUOR LICENSE Jeffery Krueger Taco Towne Restaurant 6219 Brooklyn Blvd. City Clerk RENTAL DWELLING LICENSE Initial: Ron Kranzler 5432 Dupont Ave. N. - Raymond A. Fritz 5322 Irving Ave. N. Renewal: Kenneth L. Bergstrom Hi Crest Apts. Gary Lyons Humboldt Court John Westlund 5137,39 France Ave. N. Duane L. Christiansen 5400 Sailor Lane q ... Robert M. Zappa 7206, 12 West River Road Director of Planning_ and Inspection lM�