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HomeMy WebLinkAbout1980 10-06 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER October 6, 1980 7:00 p.m. 1. Call to Order 0 2. Roll Call 3. Invocation 4. Approval of Minutes - September 8, 1980 - September 22, 1980 S. Open Forum 6. Performance Bond Reductions: a. Creek Villas Townhouses, Wingard Lane and Brooklyn Boulevard b. The Ponds, Plats 2 and 4, 70th and Unity Avenue 7. Resolutions a. Accepting Bid and Approving Contract Form Traffic Control Signal System at Intersection of T.H. 252 and 73rd Avenue North (Contract 1980 -0) aid b. Amending Resolution No. 80 -126 Providing for Equipment Rental for Central Park Grading Project 1978 -41 -It is proposed to extend the existing contract with U D Contracting Company for equipment rental to be used in completing the grading �2 operations west of Shingle Creek and in the picnic area. It is estimated the total cost for this work will not exceed $7,000. c. Authorizing Execution of Change Order No. 2 with Bury and Carlson, Inc. on Contract 1980 -K (Neighborhood Park Improvements) -Change order No. 2 provides for the construction of the east - west a:� K �� bicycle /pedestrian trails through Central Park. It is recommended that this work will be accomplished under this contract to assure availability of this trail for the coming winter. d. Establishing Water Main Improvement Project No. 1980 -25 (Water Main S Crossing Under I -94) 233 The City Council authorized installation of this project at the September 22, 1980 Council meeting. The adoption of this resolution is a formality required for accounting purposes. e. Authorizing Execution of an Agreement with the Consulting Engineering c� (' Firm for Preparation of Construction Plans and Specifications for the cr�3 67th Avenue North Storm Sewer Extension Project 1980 -24 f. Pertaining to Supplemental Agreement to 53rd Avenue and Penn Avenue Upgrading Contract 1980 -A� - Supplemental Agreement No.3 provides for a design change in the style of retaining walls to be installed along 53rd Avenue North as well as [` a change in the amount of retaining wall construction. City Council Agenda -2- October 6, 1980 g. Pertaining to Change Order and Supplemental Agreement to Contract 1980 - (Summit Drive Improvement Projects 1980 -02, 03; Irving Avenue Improve - h ment Project 1980 -14) - Change order No. l completes the sidewalk paving along Summit Drive and along 59th Avenue at the new pedestrian/bicycle bridge. Under the original plans for the bridge,bituminous paving had been intended to be installed in the ramp areas. Since the concrete sidewalk adjoins either end of the _bridge, it was determined that concrete paving of the ramps would provide a more satisfactory product. Supplemental Agreement No. 4 deals with modifications to the landscaping along the sidewalk on vacated Irving Avenue at Irving Lane in order to effect a better storm water drainage situation at this location. h. Pertaining to Change Order to Paving Contract 1980 -G (Humboldt Avenue North, Shingle Creek Parkway) -After discussions with the contractor and MN /DOT District 5 office it was determined that three inch concrete median paving rather than two inch as originally designed would provide the strength and durability / needed for the conrete median on Humboldt Avenue and on Shingle Creek'' Parkway. Change order No. 2 comprehends this revision. i. To Adopt the; 1981 Budget j. To Authorize a Tax Levy for 1981 Budget Appropriation k. To Cancel Levy Previously Certified to County Auditor ' -�2 TD ` /S 1. Authorizing the Purchase of Underground Sprinkler System for East, and West Fire Stations -It is recommended the bid of Advance Irrigation Supply in the amount of $3,617.90 be accepted. m. Expressing Recognition for the Dedicated Public Service of John Linner F S l I 8. Discussion Item (7:45 p.m.) Request for Median Openings on County Road 10 between Brooklyn Boulevard and Xerxes Avenue"T - Representatives of the adjacent property owners will attend the meeting to discuss this project. 9. Public Hearing on Charter Amendments (8:00 p.m.) -A public hearing on the amendments is required by State Statute: 10. Planning Commission Items (8 :15 p.m.) a. Application No. 80034 submitted by Lee Cook, Sr. for a variance from Section 35 -400 of the Zoning Ordinance to allow a 20' x 24' garage to be built 6 feet from Twin Lake Avenue North right -of -way rather than the required 35 feet. The address is 4825 Twin Lake Avenue North. The Plannin g Commission recommended approval of Application No. 80034 at its September 25, 1980 meeting. City Council Agenda -3- October 6,`1980 b. Application No. 80035 submitted by President Homes requesting a variance from Section 34- 130:11 of the Sign Ordinance to allow two off -site directional signs at the Dale Tile property and the Murphy Warehouse property designating the temporary location of President Homes' business offices. The Planning Commission recommended approval of Application No. 80035 at its September 25, 1980 meeting. c. Application No. 80036 submitted by Federal Lumber requesting a variance- from Section 34- 130:11 of the Sign Ordinance to allow an off -site directional sign on the Cook Paint property indicating the continued existence of the business at 4810 North Lilac Drive. The Planning Commission recommended approval of Application No. 80036 at its September 25, 1980 meeting. d. Application No. 80037 submitted by Zulfikar Walji fora home occupation special use permit to conduct a photography studio in the basement of the home at 4918 63rd Avenue North. The Planning Commission recommended approval of Application No. 80037 at its September 25, 1980 meeting. e. Application No. 80022 submitted by Korsunsky - Krank- Erickson /Commercial Partners requesting site and building plan approval of.a shopping center / theater /restaurant complex on land east of Shingle Creek Parkway north of Brookdale Ford. f. Application No. 80023 submitted by Korsunsky- Krank - Erickson /Commercial Partners requesting a special use permit to build and operate a theater within the complex envisioned in Application No. 80022. g. Application No. 80021 submitted by Merila- Hansen /Commercial Partners for preliminary plat approval for a subdivision including Brookdale Ford and the Brookdale Square complex. 11. ordinances: J_ , a. An Ordinance Authorizing the Conveyance of Real Estate from the City of Brooklyn Center to Brandvold Construction, Inca -At the time the Council approved the preliminary and final plat of the Jody Addition the Council also informally agreed to the sale of this property in exchange for the developer agreeing to pay for the costs of platting all the City -owned property. The City Charter requires adoption of an ordinance to approve the sale of any City -owned property. The ordinance is recommended for first reading. b. An Ordinance Authorizing the Conveyance of Real Estate from the City of Brooklyn Center to Charlson Research Foundation 1 Ordinance No. 78 -8 adopted on May 8, 1978, vacated that portion of Penn Avenue which crossed the easterly side of the Charlson (Commercial Partners) property. However, the City has a remaining fee title interest in this property because of a quit claim deed from Oscar A. Smith and Clara M. Smith to the City dated January 6, 1955. Again, the City Charter requires adoption of an ordinance to approve the sale of any City -owned property. The ordinance is recommended for a first reading after a decision is made regarding monetary consideration for this parcel. City Council Agenda -4- October 6, 1980 12. Discussion Items: a. Infiltration and Infill of Survey of Sanitary Sewer System -It is anticipated that the City will receive an offer from the Metro Waste Control Commission to provide 90% State and Federal funding for an I &I study. The Director of Public Works will be prepared to discuss this matter in more detail at the meeting. b. MN /DOT Proposal to Build a Temporary Connection Ramp between Freeway / Boulevard and I -94 Westerly of Shingle Creek (Opposite Schmitt Music " t-- Company) 5/ -With the opening of the westbound I -94 exit ramp to Shingle Creek Parkway, a serious conflict point has been developed at the point where the entrance ramp from Humboldt Avenue to westbound I -94 crosses this new ramp. To eliminate this new conflict, MN /DOT proposes to detour southbound Humboldt Avenue traffic west along Freeway Boulevard to a point west of Shingle Creek where a connection can be made to the new ramp and acceleration lane, which has already been built. Staff will be prepared to discuss this in more detail at the meeting. C. Contract for Municipal Refuse Service -This item is a follow -up to a preliminary report which was previously presented to the Council. d. Purchase of Photo Lab Color Analyzer for Police Department,` S 13. Gambling Licenses: a. Cross of Glory Lutheran Church - Application for a Class A 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) 14. Licenses 15. Adjournment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM TRAFFIC CONTROL SIGNAL SYSTEM AT INTERSECTION OF T.H. 252 AND 73RD AVENUE NORTH (CONTRACT 1980 -0) W ERFAS, the City Clerk and the City Engineer have reported that on October 2, 1980, at 11:00 A.M., Local Time, they opened and tabulated bids received for-Traffic Control Signal System Project No. 1980 -08, and that said bids were as follows: Bidder Total Amount Hardrives, Inc. $103,755.25 C. S. McCrossan, Inc. $ 99,377.00 WfMIMS, it has been determined by the City Engineer to the satis- faction of the City Council that the bid of C. S. McCrossan, Inc., is the best bid submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the bid of C. S. McCrossan, in the amount of r $99,377.00, as to furnishing of all labor, materials, tools, and equipment in connection with the abo - u-- mentioned improvement project, according to the plans and specifications therefore now on file in the office of the City Clerk, is deemed to be the best bid submitted for said work by a responsible bidder, and said bid is hereby accepted. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute a contract with said bidder. 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. t Menber introduced the following resolution and moved its adoption: RESOLUTION N0. oi RESOLUTION AMENDING RESOLUTION NO. 80 -126 PROVIDING FOR EQUIPMENT RENTAL FOR CENTRAL PARK GRADING PROJECT 1978 -41 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BROOKLYN CENTER that Resolution No. 80 -126 as previously amended by Resolution No. 80 -188 is hereby amended to provide an extension of the City's contract for equip- ment rental with U.D. Contracting for the Central Park Grading Project (Project 1978 -41) on the basis of hourly rental rates as provided for in the contract. The estimated total cost for such additional work is $7,000.00. 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. ME ber introduced the following resolution and moved its adoption: ` RESOLUTION NO. RESOLUTION AUTHORIZII3 EXECUTION OF cHAWE ORDER No. 2 To CONTRACT 1980 -K (NEIGHBORHOOD PARK SMPROVEMEMS) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BROOKLYN CENTER that the Mayor and City Manager are hereby authorized to execute Change Order No. 2 to Contract 1980 --K (Neighborhood Park Improvements contract with Bury and Carlson, Inc.). Said Change Order shall provide for the construction of the east -west pedestrian trail across Central Park at a total cost, based on unit prices as provided by said contract, of $8,607.13. Date Mayor ATTEST: Clerk Z.he motion for the adoption of the foregoing resolution was duly seconded by menber and upon vote being taken thereon, the j= .,•i following voted in favor thereof and the following voted against the same: r whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: 1 _ _ RESOLUTION NO RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROTECT NO. 1980 -25 WHEREAS, the City Cbuncil deems it necessary to initiate Improvement Project No. 1980 -25— Installation of a Water Main Casing Pipe Under Interstate Highway 94, near the westerly property line of Central Park. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Project 1980 -25 is hereby established. Date Mayon 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: G RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMEDTT WITH A CONSULTING ENSINEERING FIRM FOR PREPARATION OF CONSTRUCTION PLANS AND SPECI FICATIONS FOR THE 67TH AVENUE NORTH STORM SEWER EXTENSION PROTECT 1980 -24 BE IT RESOLVED BY THE COUNCIL CF THE CITY OF BROOKLYN CENTER that the Mayor and City. Manager are hereby authorized to execute an agreement with the consulting engineering firm of Orr - Schelen Mayeron and Associates, Inc. for furnishing of professional services for the 67th Avenue North Storm Sewer Extension, Project 1980 -24. The maximum fee for preparation of plans and speci- fications and for furnishing construction observation shall be $10,000 ($12,000 less $2,000 credit for preliminary report) Date Mayor ATTEST: Clerk The notion for the adoption of the foregoing resolution was duly seconded by t`! member and upon vote bein g taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. F Member introduced the following resolution and moved its adoption: RESOLUTION NO:..... . RESOLUTION APPROVING SUPPIEAa TAL AGREEMENT NO. 3 TO ' CONTRACT 1980 -A ... ............. WHEREAS, the installation of specified retaining wall material adjacent to sidewalk along 53rd Avenue North (at various locations) proved to be impractical; and WHERFAS, the installation of cast in place concrete retaining wall structures are known to provide adequate service; and WHEREAS, the City Engineer has deemed that the installation of cast in place concrete retaining wall structures would provide for the expeditious ecmpletion of the 53rd Avenue North Improvement Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the above modification to the 53rd Avenue Improvement Project No. 1978 -39 is hereby approved. It is estimated that.said Supplemental Agreement will result in an increase of $3,450.00 in the Contract Amount. Funds are to be appropriated from Municipal State Aid Funds. { 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 n i resolution d passed and adopted. whereupon said r solutio was declared duly pa Member introduced the following resolution and moved its adoption: RESOLUTION N0. R RESOLUTION PERTAINII\IG TO CHANGE ORDER ADID SUPPLEMENTAL AGREEMENT TO CONTRACT 1980 -D (SUMMIT DRIVE EvIPROVE EW PROJECTS 1980 - 02, 03; IRVII- AVENUE IMPROVNF PROTECT 1980-14) WHEREAS, the City Engineer has deemed it necessary that certain modifications be made to the contract for the Sum Drive improvement, said modifications being as follows: Change Order I\b. 1 (Summit Drive Improvements Nos. 1980 -02, 03) Install 4" concrete sidewalk adjacent to pedestrian bridge number 27615 at T.H. 100 thereby providing for its addition to the existing sidewalk/bikeway system within the community. Estimated increase in contract amount = $1,669.50. Funds to be appropriated from Municipal State Aid Fund. Supplemental Agreement No. 4 (Irving Avenue Inprovement No. 1980. -14) Modify existing area landscape to provide adequate storm water drainage adjacent to newly installed sidewalk. Estimted increase in contract amount = $432.25. Funds to be appropriated from Municipal State Aid Fund. Date Mayor ATFEST: _ 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 decalred duly passed and adopted. a .. � "7 Member introduced the following resolution and moved its adoption: t RESOLUTION NC). RESOLUTION PERTAINII, TO CHANCE ORDER TO PAVING CONTRACT 1980 -G (HC�IDT AVENUE NORTH AND SHIMT -E CR= PARWM) WHEREAS, the City Engineer has determined that the use of two inch concrete median will not provide required strength to withstand impact loading of vehicles inadvertantly mounting its curb nor required durability to prevent deterioration due to weathering; and MMU AS, the City Engineer has determined that three inch concrete median will provide needed strength and durability according to the requirements. of MN /DOT design criteria. NC7W, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Director of Public Works is hereby authorized to issue Change Order No. 2 to Contract 1980 -G providing for the installation of three inch concrete median at all locations on Humboldt Avenue North and Shingle Creek Parkway previously scheduled for the installation of two inch concrete median. It is estimated that said change order will result in an increase of $8,421.20 in the contract amount for Contract 1980 -G, $810.70 for Humboldt Avenue North (S.P. 109- 108 -02), and $7,610.50 for Shingle Creek Parkway (S.P. 109-- 109 -17). It is intended that there be State Aid participation in this work, and that the above amount be appropriated from the Municipal State Aid Fund. F �4' e Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by mmiber , 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 TO ADOPT THE 1981 BUDGET BE IT RESOLVED by the City Council of the City of Brooklyn Center that the appropriations for budgeted funds for the calendar year 1981 shall be: General Fund Unit No. Organizational Unit Amount 11 Council $ 51,559 12 Charter Commission 1,500 13 City Manager's Office 195,966 14 Elections and Voters' Registration 8,925 15 Assessing 108,728 16 Finance 154,169 -17 Independent Audit 18,000 18 Legal Counsel 66,450 19 Government Buildings 262,864 21 Detached Worker 16,000 31 Police Protection 1,210,001" 32 Fire Protection 181,167 33 Planning and Inspection 133,789 34 Emergency Preparedness 33,689 E 35 Animal Control 14,000 41 Engineering 277,137 42 Street Construction and Maintenance 560,515 43 Vehicle Maintenance 296,993 44 Traffic Signs and Signals 28,800 45 Street Lighting 90,000' 46 Weed Control 750 51 Health Regulation and Inspection 22,000 61 Recreation and Parks Administration 156,772 62 Adult Recreation Programs 85,305 63 Teen Recreation Programs 5,960 64 Children's Recreation Programs 45,035 65 General Recreation Programs 45,705 66 Community Center 383,945 69 Parks Maintenance 470,842 80 Unallocated Departmental Expense 664,700 Total General Fund $5,591,266 Park Improvement Bonds of 1980 Redemption Fund 169,010 1969 Building and Improvement Bond Redemption Fund 209,600 TOTAL APPROPRIATIONS FOR BUDGETED FUNDS $5,969,876 and RESOLUTION NO. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the source of financing the'sums appropriated are expected to be: General Property Taxes $2,746,020 Penalties and Interest on Property Taxes 50,000 Business Licenses and Permits 90,000 Nonbusiness Licenses and Permits 100,000 Intergovernmental Revenue 2,072,084 General Government Charges for Services 59,215 Public Safety Charges for Services 6,120 Recreation Fees 390,095 Fines and Forfeits 92,000 Miscellaneous Revenue 364,342 TOTAL ESTIMATED SOURCE OF FINANCING $5,969,876 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 TO AUTHORIZE A TAX LEVY FOR 1981 BUDGET APPROPRIATIONS BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. There is hereby approved for expenditures from general taxes, the following sums for the purpose indicated: City Operation and Administration $2,120,928 Employees' Retirement 246,482 $2,367,410 The foregoing does not include levies already certified to the County Auditor for the payment of outstanding loans which levies for the year 1981 are as follows: Park Improvement Bonds of 1980 Redemption $ 169,010 1969 Building and Improvement Bond Redemption 209,600 $ 378,610 Total Expenditures for the year 1981 from General Taxes $2,746,020 2. There is hereby levied upon all taxable property lying within the City of Brooklyn Center, in addition to all levies heretofore certified to the County Auditor as indicated in paragraph one hereof, the sum of $2,367,410 and the City Clerk shall cause a copy of this resolution to be certified to the County Auditor so that said sum shall be spread upon the tax rolls and will be payable in the year 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 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 TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR WHEREAS, at a Special Meeting of the City Council of the City of Brooklyn Center held on March 4, 1968, a resolution was duly adopted providing, in part that the sum of $5,200 be levied in the year 1980 for payment of prin- cipal interest on bonds issued to finance various improvement projects; and WHEREAS, said resolution was thereafter duly certified to the Auditor of and for Hennepin County, Minnesota; and WHEREAS, there is presently on hand in the 1968 Improvement Fund sufficient money to pay any and all principal and interest on said bonds issued to finance construction of said improvements, and at least five percent in excess thereof, without the levy of said $5,200 in the year 1980. NOW, THEREFORE, BE IT RESOLVED by the Ci ty Counci of the City of Brooklyn Center, Minnesota as follows.: 1. It is hereby determined that the levy of a direct ad valorem tax on all taxable property in the City previously made and certified in the amount of $5,200 for the year 1980 in connection with the financing of various improvement projects is unnecessary, and may be cancelled, there being sufficient money on hand in the 1968 Improvement Fund at the present time to pay any and all principal and interest, and at least five percent in excess thereof,; on said bonds issued to finance said improvements, `without collection of said direct ad valorem tax. 2. The Auditor of Hennepin County, Minnesota is hereby requested to cancel the said levy of $5,200 for the year 1980 previously certified pursuant to the provision of Section 475.61;' Minnesota Statutes, 1957. 3. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to said Hennepin.County Auditor forthwith. Date Mayor ATTEST: f ( `' Clerk 1 � (. 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 AUTHORIZING THE PURCHASE OF UNDERGROUND SPRINKLER SYSTEM FOR THE EAST AND WEST FIRE STATIONS WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise, materials or equipment, or any kind of construction work by informal quotations when the amount of such contract is less than ten thousand dollars ($10,000); and WHEREAS, the City Manager has obtained quotations on the purchase of an underground sprinkler system for the .east and west fire stations and has determined that the quotation of Advance Irrigation Supply Company in the amount of $3,617.90 for material and labor to install underground sprinkler system at the east and west fire stations is the best quotation 'submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be authorized to contract for the purchase of an underground sprinkler system for the east and west fire stations in the amount of $3,617.90 from Advance Irrigation Supply Company. 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. a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JOHN LINNER WHEREAS, John Linner served the City of Brooklyn Center for over fourteen years as an employee in the Park Department since March 1, 1966; and WHEREAS, he retired from Public Service on September 26, 1980 and WHEREAS, his devotion to the tasks and responsibilities associated with his position contributed substantially to the sound progress and develop- ment of the City; and WHEREAS, his public service and civic effort for the betterment of the community merit 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 John Linner is recognized and appreciated by the City of Brooklyn Center and that the City wishes him a long-and happy retirement: C 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: k . RESOLUTION NC). p RESOLUTION REQUESTING THE MZEPIN MRnY BOARD OF COMMISSIONERS TO APPROVE THE DEVELOPMENT OF MEDIAN OPENIIUS AMID 09JNTY ROAD 10, BETWEEN BROOKLYN BOULEVARD AND XERXES AVENUE WHEREAS, current access provisions and controls to properties situated on County Road 10 between Brooklyn Boulevard and Xerxes Avenue are so restrictive as to severely limit the potential development of those properties; and WHEREAS, the City of Brooklyn Center's comprehensive plan estab- lishes the goal of full commercial and /or major office complex development of these properties; and WHEREAS, detailed traffic studies have indicated that traffic from such development could best be accmcdated by modification of the access pro- visions on County Road 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BROOKLYN CENTER that the Hennepin County Board of Commissioners is hereby requested to approve one of the following alternates for development of median openings on County Road 10 between Brooklyn Boulevard and Xerxes Avenue. } Alternate 1: developnent of a full all - directional intersection at the intersection of C.R. 10 and Northway Drive Alternate 2: development of two left- turn -only directional median openings—me for eastbound traffic on C.R. 10 at Northway Drive, and one for westbound traffic on C.R. 10 at the entrance to Westbrook Mall Alternate 3: development of one left - turn -only directional median opening --for eastbound traffic on C.R. 10 at Northway Drive. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to submit this request to Hennepin County, with supporting documentation and informa- tion as requested by Hennepin County. 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. 1 a RESOLUTION ESTABLISHING A POLICY FOR THE PUBLICATION OF CITY ORDINANCES AND ORDINANCE AMENDMENTS WHEREAS, the City Council and Charter Commission of the City of Brooklyn Center have reviewed the City Charter and in particular examined those sections of the Charter relating to publication of ordinances; and WHEREAS., there is a, need to clarify the interpretations of these pro- visions.* NOW, THEREFORE, BE IT RESOLVED that the City Council's direction and policy for publishing ordinances in accordance with the Charter provisions will be as follows: l'. The City Council shall be provided with copies of proposed ordi- nances or ordinance amendments when they establish and approve the proposed ordinance or ordinance amendment at a "lst reading ". '2. Upon approval of the lst reading, a full and complete text of the. proposed ordinance or ordinance amendment shall be published in the City's official newspaper at least seven'(7) days prior to the City Council's consideration for final passage (2nd reading) LJ 3., if the lst reading of-the ordinance or ordinance amendment is 'approded by the City Council with no changes to the published text,_ -the City Clerk shall then cause to be published in the official paper a: "notice of ordinance passage" which contains a brief description of the ordinance or ordinance-- amendiaent and the date on which it was published as a lst reading. This notice shall further state that the full text of the ordinance is avail- able for inspection at the City Clerk's office. Should the Council modify the ordinance or ordinance amendment at the lst reading, then the City Clerk shall publish the full text of the modified ordinance or ordinance amendment as amended by the City Council in their final approval (2nd reading). 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 A CITY PURCHASING POLICY WHEREAS, Section 6.05 of the City Charter of the City of Brooklyn Center does direct the City Council to establish and maintain a purchasing policy for the City of Brooklyn Center. BE IT, THEREFORE, RESOLVED by the City Council of the City of Brooklyn Center that the purchasing policy of the City of Brooklyn Center shall be as follows CITY OF BROOKLYN CENTER PURCHASING POLICY PURPOSE It shall be the purpose of the Purchasing Policy of the City of Brooklyn Center to: (1) Assure that all purchases are made in accordance with the laws of the State of Minnesota, the City Charter, and other policies of the City of Brooklyn Center. (2) Assure that all purchases are charged to the proper account (3) Assure vendors that the purchase is authorized and that -their invoices will be paid promptly. (4) Assure uniform purchasing procedures within the City's departments. (5) Assure the City Council and the City Manager that adequate controls over the purchasing function are well established and are adhered to. DEFINITIONS For the purposes of establishing purchasing procedures for the-City dt Center, the following definitions shall apply: Contract for Services A "contract for services means an agreement entered into by the City for the use of professional services such as consultants, auditors, legal counsel, and architects. "Contract for services" shall also include an agreement entered into by the City for insurance coverages. Contract for Purchases A "contract for purchases" means an agreement entered into by the City for the purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. RESOLUTION NO. PROCEDURES For the purpose of establishing purchasing procedures, "contracts for services" and "contracts for purchases" shall be divided into separate purchasing categories according to the real or estimated cost of the services or purchases. The purchasing categories shall be: Category I : $10,000 or more Category II : $5,000 or more, but less than $10,000 Category I11 $2,000 or more, but less than $5,000 Category IV : Less than $2,000 Contract for services procedures by category shall be as follows: Category I, Category II, Category III ($2,000 or more) Contract awarded by the City Council upon recommendation of the City Manager. Category IV : (Less than $2,000) Contract awarded by City Manager. Contract for purchases procedures by category shall be as follows: Category I : ($10,000 or more) a. Awarded by City Council upon recommendation of City Manager. b. Contract awarded by City Council upon receipt of sealed bids in accordance with the Uniform Municipal Contracting Law, M.S.A. Section 471.345. Category II : ($5,000 through $9,999) a. Awarded by City Council upon recommendation of City' b. Contract awarded by City Council in accordance with the Uniform Municipal Contracting Law, M.S.A. Section 471.345 upon either: (1) receipt of sealed bids. (2) receipt of two or more written quotations when possible. Category III ($2,000.through $4,999) a. Awarded by City Manager. b. Contract awarded by City Manager upon receipt of two or more,written quotations when possible. Category IV : (Less than $2,000) a. Awarded by City Manager. b. Contract awarded by City Manager upon receipt of two or more written quotations when possible. r wr e or oral uotatxo h q Cooperative Purchasing contracts for purchases or services entered into through joint purchasing agreements with the State of Minnesota, Hennepin County or other governmental agencies for Categories I through IV shall be considered to.meet the requirements of the f City.Purchasing Policy. RESOLUTION NO. GENERAL POLICIES 1. The City Manager shall establish written detailed purchasing procedures which are necessary to supplement the City Council's purchasing policy and which are necessary to maintain adequate controls over the purchasing function. 2. Checks shall be issued regularly on the second and fourth Mondays of each month to pay the City's outstanding warrants, or whenever else necessary to guarantee cash discounts, or whenever else deemed necessary by the City Manager. 3. The City Manager shall have the responsibility to expend funds necessary to assure the continued operations of the City's functions in accordance with State laws, City Charter, this purchasing policy and the City Budget. 4. The City Manager shall keep on file for public inspection, through the Department of Finance, a listing of all cash disbursements made by the City during the current calendar year. Date Mayor 4 ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon the p g following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I CITY CF BROOKLYN CENTER ORDINANCE N0. AN ORDIMUCE AUTHORIZING THE CONVEYANCE CP REAL ESTATE M:tl THE CITY OF BROOKLYN CENTER TO BRAMVOLD CONSTRUCTION, INC. THE CITY COUNCIL CF THE CITY OF BROOKLYN CENTER DOES HEREBY ORDAIN AS FOLLLIPS: Section 1: PREAMBLE WHEREAS, the City of Brooklyn Center owns real estate adjacent to the South line o Interstate Highway 94 in the vicinity of Chowen and Drew Avenues ;. and WHEREAS, Brandvold Construction, Inc. is developing the parcel of property lying Westerly of the City -owned property and said ca - npany has requested that the City convey a portion of the City - owned property to them; and W E RFAS, it is determined that the portion of property requested by Brandvold Construction, Inc. is not essential for public use; and WHEREAS, the City -owned property is zoned R -1 (One- Family Residence) but cannot be developed, in whole or in part, as a residential lot because the size and shape of the property do not allow compliance with the City's Zoning Ordinance requirements-, and WHEREAS, the portion of property requested by Brandvold Construction I Inc. can best be utilized by combining it with the adjacent property owned by (, Brandvold; and WHEREAS, the City of Brooklyn Center and Brandvold Construction, Inc are participating in the platting of Jody Addition which includes both the City owned Pte' Y ro t and the property owned b Brandvold Construction, Inc.; and P P Pe Y Y %MEREAS, it i5 determined that the conditions set forth in R No. provide for equitable ccmpensat on for said property' conveyance It-is therefore determined to convey the followin g described real estate to Brandvold Construction, Inc., consistent to Section 12.05 of the City Charter Section 2: Property Description in Terms of Conveyance That the City of Brooklyn Center owned property described as that portion of The East 525 feet of the North 464.2 feet of the Southwest Quarter of the Northeast Quarter of Section 34 Township 119, Range 21 lying Southerly of the Southerly right -of -way of Interstate Highway 94 which lies within Lot 1, Block 2, of the Jody Addition may be conveyed to Brandvold Construction, Inc. in consideration of the conditions set :, forth in Resolution No. Member introduced the following resolution and moved its adoption: RESOLUTION NO, RESOLUTION ESTABLISHIIC CONDITIONS FOR CONVEYANCE OF REAL ESTATE FROM THE CITY OF BROOKLYN CEF1TER TO BRANDVOLD CONSTRUCTION, INC. WHEREAS, the City of Brooklyn Center owns real estate adjacent to the South line of Interstate Highway 94 in the vicinity of Chowen and Drew Avenues; and WHEREAS, Brandvold Construction, Inc is developing the parcel of property lying Westerly of the City -owned property and said company has requested that the City convey a portion of the City -owned property to them; and WHEREAS, it is determined that the portion of property requested by Brandvold Construction, Inc. is not essential for public use; and WHEREAS, the City of Brooklyn Center and Brandvold Construction, Inc. are participating in the platting of Jody Addition which includes both the City awned property and the property owned by Brandvold Construction, Inc.; and WHEREAS, the City Assessor has determined that the market value of the property proposed to be conveyed is $180.00 and WHEREAS, Brandvold Construction, Inc. has agreed to pay the entire costs for platting the Jody Addition, and the City Engineer has advised the Council that the share of the costs for platting attributable to the City - t__ owned property is in excess of $180.00. NOW, 'T'HEREF'ORE, BE IT RESOLVED BY THE COUNCIL OF- THE CITY OF BROOKLYN CENTER that upon adoption of an ordinance authorizing this conveyance and upon the filing of the plat of the Jody Addition, the City of Brooklyn Center owned . property described as that portion of: The East 525 feet of the North 464.2 feet of the Southwest Quarter of the Northeast Quarter of Section 34 Tbwnship 119, Range 21 lying Southerly of the Southerly right-of-way of Interstate Highway 94 which lies within Lot 1, Block 2, of the Jody Addition may be conveyed to Brandvold Construction, Inc. in consideration of the sum of one dollar ($1.00) and other valuable consideration, i.e., the platting of the City-owned property. Date Mayor ATTEST- The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER ORDINANCE NO. t f ._ AN ORDINANCE AUTHORIZING THE CONVEYANCE OF RFAL ESTATE FROM THE CITY OF BROOKLYN MITER TO CHARLSON RESEARCH FOUNDATION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES HEREBY ORDAIN AS FOLLOWS: Section 1: PREAMBLE WIiREA5, the City of Brooklyn Center owns real estate described as ' follows The East 33 feet of Lot 32, Auditor's Subdivision Number 218 according to the plat thereof on file or of record in the Off ice of e County Recorder in and for Hennepin County i Minnesota WHEREAS, Charlson Research Foundation is the owner of the parcel of property lying Westerly of the City -owned property and said company has requested that the City convey the City -owned property to them; and WHEREAS, it is determined that the property is not essential for Epblic use; and WHEREAS, the City-owned property is zoned C -2 (Comnerce) but cannot . be developed, in whole or in part, as a commercial lot because the size and ` shape of the property do not allow compliance with the City's Zoning Ordinance requirements, and because there is no public access to said property; and VHREAS; the property can best be utilized by combining it with the adjacent property owned by the Charlson Research Foundation; and WHEREAS, it is determined that the conditions set forth in Resolution No. provide for equitable cnTrpensation for said property conveyance It is, therefore, determined to convey the following described real estate to the Charlson Research Foundation, consistent to Section 12.05 of the City Charter Section 2: Property Description in Terms of Conveyance That the City of Brooklyn Center awned property described as The East 33 feet of Lot 32, Auditor's Subdivision Number 218 according to the plat thereof on file or of record in the Office of the Count Recorder in and for Hennepin County Minnesota may be conveyed to the Charlson Research Foundation in consideration ro of the conditions set forth in Resolution No. ORDINANCE ICJ. t s The Mayor and City Manager are hereby authorized to execute a quit claim deed for said conveyance after all conditions of sale as set 'forth in Resolution No. have been satisfied Section 3: This ordinance shall became 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) f Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ESTABLISHING CONDITIONS FOR CdrNEYANCE OP REAL ESMTE FROM THE CITY OF BROOKLYN CEN'T'ER. TO CHARZSOrT RFSFARCH FOUNDATION WHEREAS, the City of Brooklyn Center owns real estate described as follows: The East 33 feet of Lot 32, Auditor's Subdivision Number 218 according to the plat thereof on file or of record in the Office of the County Recorder in and for Hennepin County, Minnesota, and WHEREAS, Charlson Research Foundation is the owner of the parcel of property lying Westerly of the City -owned property and said company has 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 City Assessor has determined that the rrarket value of the property proposed to be conveyed is $41,712.00. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY CP BROOKLYN F CENTER that upon adoption of an ordinance authorizing this conveyance, the City of Brooklyn Center owned property described as follows: The East 33 feet of Lot 32, Auditor's Subdivision Number 218' according to the plat thereof on file or of record in the Office of the County Recorder in and for Hennepin County, Minnesota; may be conveyed to the Charlson Research Foundation in consideration of the sum of $41,712.00. 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: E whereupon said resolution was declared duly passed and adopted. I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVIN3, MN /DOT PROPOSAL TO BUILD A TEAPORAM CONNECTINM RAMP BFIWEEN FRMF AY BOULEVARD AND I -94 BE IT RESOLVES BY THE CCUNCIL OF THE CITY CF BROOKLYN CENTER that approval is hereby granted to a proposal by the Minnesota Department of Transportation (MN /DOT) to construct a tcrrporary connecting ramp between Freeway Boulevard and Westbound, Westerly of Shingle Creek. The Mayor and City Manager are hereby authorized to execute such documents as are necessary to allow implementation of the proposal. 4 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: 4 _ whereupon said resolution was declared duly passed and adopted.. Y Member introduced the following resolution and moved its adoption: "RESOLUTION NO. RESOLUTION AMENDING THE 1980 GENERAL FUND BUDGET � J WHEREAS, the Chief of Police has reported that the color analyzer used in the processing of color prints in the Police Department photo laboratory has broken down; and WHEREAS, it has been determined that it is not economically feasible to repair the unit; and WHEREAS, the replacement of the unit is necessary if the Department is to continue to process color film; and WHEREAS, since the breakdown could not have been anticipated, no funds were appropriated in the 1950 Budget for the unit's replacement; and WHEREAS, Section 7.11 of the City Charter does provide the City Council with full authority to make permanent transfers between all funds which may be created, provided that such transfers are not inconsistent with the provisions of related covenants, the provisions of the City Charter, or State Statute; and WHEREAS, the cost of the replacement is $645 and funds are available` in the FEDERAL REVENUE SHARING FUND in at least that amount''to be transferred for GENERAL FUND use: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Police Department (Dept. #31) Other Equipment Account ( #4552) appropriation be increased by $645 -.to provide for the acquisition of one photographic color analyzer; and BE IT FURTHER RESOLVED that the increased appropriation shall be financed by federal revenue sharing funds and .that funds in the FEDERAL REVENUE SHARING FUND shall be encumbered in the amount of $645; and BE IT FURTHER RESOLVED that the actual transfer of funds will be made from the FEDERAL REVENUE SHARING FUND to the GENERAL FUND on a reimbursement basis at such time, and by Council resolution when the GENERAL FUND has expended funds for the appropriation authorized. 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. Licenses to be approved by the City Council on October 6, 1980 FOOD ESTABLISHMENT LICENSE Brutger Company Box 399, St. Cloud Thrifty Scot Motel 6445 James Circle Sanitarian GAMBLING LICENSE Cross of Glory Lutheran Church 5940 Ewing Ave. No. City Clerk SIGN HANGER'S LICENSE Mastercraft Sign Company 10870 Highway 152��� Scenic Sign Corporation Box 881, St. Cloud Q. Build' g Official i