The URL can be used to link to this page

Home My WebLink About1979 06-11 CCP Regular Session CITY COUNCIL AGENDA -- -- ",Y 3f -- Brooklyn Center -------- - - - -- _ June 11, 1979 7 :00 p.m. 1. Call to Order 2. Roll Call - 3. Invocation - -- 4. Approval of Minutes - May 14, 1979, May 21, 1979 -- - - - -- - Board of Equalization, June 4, 1979 5.- Open Forum 6. Performance.Bond Reductions /Releases a. Release Arthur Treacher's located at 6100 Brooklyn_ Boulevard. b. Reduction -Dr. William Mattison located at 5827 Brooklyn Boulevard. 7. Resolutions: a. Requesting the Metropolitan Council HRA to Apply for Rehabilitation Grant Funds for the City of Brooklyn Center b. Approving Specifications and Setting the Bid Date for Purchase of Cash Registers for the Liquor Store C. Authorizing the Purchase of 150 Gallons of Visko -Rhap A3D -It is recommended the bid of Van Waters Rogers in the amount of $1,750 be accepted. d. Accepting Quotations for the Purchase of 750 Gallons of Traffic Marking Paint -It is recommended the quotation of Vogel Paint and Wax Company in the amount of $3,223 be accepted. e the City of Brooklyn Center's Concern over the Gambling and Bingo Licensing Regulations f. Ordering Construction for the Following Improvement Projects (5 Resolutions) - 1978 -6: Construction of bridges on Shingle Creek Parkway over Shingle Cre k. - 1978 -45: Street, grading, base and bituminous surfacing of Shingle Creek Parkway from 65th to 69th Avenues North. - 1978 -46: Installation of curb and gutter and sidewalks along Shingle Cre k Parkway from 65th to 69th Avenues North. - 1979 -5: Storm sewer construction associated with Project No. 1978 -45. - 1979 -6: Construction of approaches to the bridge over FI -94 on Shingle Creek Parkway, -A public hearing is scheduled for 8:00 p.m. for the five above listed improvement projects. CITY COUNCIL AGENDA -2- June 11, 1979 g. Approving Plans and Specifications and Directing Advertisement for Bids -._- for Projects 1978 -6, 1978 -45A, 1979 -5 h. Accepting Work for Landscape Contract 1978 -Q (7 Resolutions) - Landscape Improvement Project No. 1977 -13D for alley between James Avenue North and Knox Avenue North from 53rd Avenue to 54th Avenue North. - Landscape Improvement Project No. 1977 -22D for alley between Twin Lake Avenue North and Lakeview Avenue North from Lakebreeze Avenue North to 300 feet + North of Lakebreeze Avenue North. -Landscape Improvement Project No. 1978 -2E for 70th Avenue North from Kyle Avenue to June Avenue North. - Landscape Improvement Project No. 1978 -7B (D) for alley between Humboldt - -- --- - - ---- - Avenue North and Irving Avenue North from 53rd Avenue North to 54th Avenue North, Landscape Improvement Project No. 1978 -24D for Aldrich Avenue North from 68th Avenue North to cul -de -sac. - Landscape Improvement Project No. 1978 -27D for James Circle from Freeway Boulevard to 570 + south of Freeway Boulevard. Landscaping portion of Street Grading, Base and Surfacing Improvement Project No. 1978 -20 for west side of Irving Avenue North from 70th Avenue North 130 feet southward. -Noble Nursery has satisfactorily completed the landscaping work associate with the above listed improvement projects in the 7 resolutions. i. Accepting Work for Utility Contract 197.8 -5 (4 Resolutions) -Trunk Water Main Improvement Project No. 1978 -31 located in the area -of Unity Avenue and 69th Avenue North. -Storm Sewer Improvement Project No. 1978 -32 located in the area of Unity Avenue at 71st Circle. -Storm Sewer Improvement Project No. 1978 -35 located in the area of Unity Avenue and Ponds Drive North. -Water main portion of Shingle Creek Relocation Project No. 1978-40 (Water ' Main Improvement Project No. 1978 -40A) located in Central.Park. -0 & P Contracting, Inc. has satisfactorily completed the utility work along Unity Avenue in the areas of Phases III through VIII at the Ponds Development and Central Park. l j. Designating Certain Tax Forfeited Land in the City of Brooklyn Center to b Used for Public Purposes -It is proposed that certain tax forfeited lands be acquired by the City. k. Approving Sale of Certain Tax Forfeited Properties -It is proposed that certain-tax forfeited properties be released for sale to private owners by the State. 8 Ordinances: a. Amending Chapters ll and 23 of the City Ordinances Relative to On -Sale Liquor and On -Sale Wine Licenses - Ordinance was first read on May 14, 1979, published on May 24, 1979, and is presented this evening for a second reading. CITY COUNCIL AGENDA -3- June 11, 1979 b. Amending Chapter 34 -110 Relative to Rummage Sale Signs - Ordinance is presented for a first reading. 9. Discussion Items:, a. Industrial Revenue Bonds -Draft policies for the issuance of industrial revenue bonds or mortgages or tax increment financing were considered at the May 14, 1979 meeting. - At that time the City Council asked that policy 42 be published in the official newspaper in order to encourage citizen input on the policy. Policy #2 is included for further review. - Resolution Establishing Policy for the Issuance of Industrial Revenue Bonds or Mortgages or Tax Increment Financing - Resolution to Express Concern over the Overuse by Municipalities of the Authority to Issue Nontraditional Tax Exempt Bonds b. Proposal for Contract for Professional Services for Central Park -It is recommended a consultant be hired to provide landscape architectural, planning and engineering services required to complete a comprehensive master plan and preliminary cost estimates for the development of a "plaza area" and ancillary facilities within Central Park. Brauer and Associates has proposed to work with the City's landscape architect at a cost of $1,000 to complete a compre- hensive master plan and preliminary cost estimates as mentioned above. A motion approving the contract is recommended. C. !Amendment to 1979 Budget - Request to reclassify two positions in the Engineering Department; an Engineering Technician I upgraded to an Engineering Technician II and a Special Assessment Clerk to a Clerk IV position. Because one position is upgraded and the other position is downgraded, there is no need for additional appropriations. 10. Licenses 11. Consideration of Specified Rental Dwelling Licenses: - Brookdale Ten Apartments 12. Adjournment r MEMORANDUM T0: Ron Warren FROM: Will Dahn, Gary Shallcross SUBJECT: Performance Bonds Recommended for Release or Reduction DATE: June 6, 1979 The following bonds are recommended for release or reduction as specified: 1. Arthur Treachers - 6100 Brooklyn Boulevard Submitted by Arthur Treacher's Fish and Chips, Inc. Planning Commission File No. 74056 Amount of guarantee - $25,000.00 bond. All site work has been completed in accordance with approved plans, with only minor changes which tend to enhance the site. More plantings have been installed than on approved plans. (Recommend Total Release) 2. Dr. William Mattison - 5827 Brooklyn Boulevard Submitted by Dr. Mattison Planning Commission File No. 77066 Amount of guarantee - $20,000.00 Cash Escrow in form of Certificate of Deposit. Owner requesting reduction of bond for work completed to date. Dwelling waved off site, parking lot and site grading completed, and concrete curb and gutters have been installed. Estimated approximate valuation of work completed�to date is $8,000.00. (Recommend reducing Cash Escrow by amount of $7,000.00, leaving balance of $13,000.00). Approve Rona A. Warren, Director of P arming and Inspection 7Q----- Member introduced the following resolution and moved its adoption: RESOLUTION-NO. RESOLUTION REQUESTING THE METROPOLITAN COUNCIL HRA TO APPLY FOR REHABILITATION GRANT FUNDS FOR THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center desires to assist low income homeowners in making repairs to their homes for the purpose of correcting defects affecting directly the safety, habitability, energy usage, or accessibility of the property; and WHEREAS, the Minnesota Housing Finance Agency has funds to be used for such purposes, and will accept applications from housing and redevelopment authorities desiring to administer these Home Improvement Grant Program funds; and WHEREAS, the Metropolitan Council has been duly organized_ pursuant to Minnesota Statutes 1976, Section 473.123 and has all of the powers and duties of a housing and redevelopment authority pursuant to Minnesota Statutes 1976, 473.193 under the provisions of the Municipal Housing and Redevelopment Act, Minnesota Statutes 1976, Sections 462.411 to 462.711. NOW, THEREFORE, BE IT RESOLVED that the Metropolitan Council is hereby requested to include the City of Brooklyn Center in an application for State Home Improvement Grant Program funds, and that upon approval of such application, the City and the Metropolitan Council will enter into an agreement for operating the program within the City. 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. F Member ; „ +roduced the fol.l owing _resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING SPECIFICATIONS FOR ELECTRONIC CASH REGISTERS FOR LIQUOR STORES 89 IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the specifications, as submitted by the City Director of Finance, for six (6) electronic cash registers to__be used in the municipal liquor stores are hereby approved and ordered filed with the City Clerk; and BE IT FURTHER RESOLVED that the City Clerk be directed to submit the specifications to the Hennepin County Purchasing Department to be let for bids through the Hennepin County Joint Purchasing Agreement. 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. o .f BROOKLYN CENTER LIQUOR STORES CASH REGISTERS STORE TYPE ACQUISITION DATE ORIGINAL COST #1 (HUMBOLDT) NATIONAL JANUARY, 1960 $ 2,140 #1 - (HUMBOLDT) DTS APRIL, 1979 RENTAL #2 (BROOKLYN BLVD.) NATIONAL NOVEMBER, 1971 $ 1,175 INOPERATIVE #2 (BROOKLYN BLVD.) NATIONAL RENTAL #3 (NORTHBROOK) NATIONAL MARCH, 1963 $1,450 #3 (NORTHBROOK) NATIONAL OCTOBER, 1959 $ 2,297 SPARE f 7c-., Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION AUTHORIZING THE PURCHASE OF 150 GALLONS VISKO -RHAP A3D WHEREAS, the City of Brooklyn Center is authorized to participate in the Hennepin County Purchasing Agreement; and WHEREAS, on Tuesday, December 19, 1978 at 2:00 p.m. bids were received for the furnishing and delivery of 150 gallons Visko -Rhap A3D. NOW, THEREFORE, BE IT RESOLVED that the bid of Van Waters Rogers in the amount of $1,755 in accordance with the specifications is deemed to be the best bid submitted by responsible bidders and said bid is hereby accepted. 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. The following chemical companies bid on various other products on this bid letting but Van Waters Rogers was the only bidder on the Visko -Rhap AD - product recommended by Hennepin County Environmentalist Don Anderson. Castel Chemical Company - Savage, MN R. L. Gould Company - St. Paul, MN Wilbur Ellis Company - Minot, ND Hopkins Agri Chemical Company, Minneapolis, MN Tessman Seed & Chemical - Eagan, MN Anchem Prods., Inc. Ambler, PA I , Lynde Company - Minneapolis, MN Van Waters Rogers - St. Paul, MN Agri Services, Inc. - Minneapolis, MN Barzan of Minneapolis - Minneapolis, MN i Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION AUTHORIZING THE PURCHASE OF 750 GALLONS TRAFFIC MARKING PAINT WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for 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 750 gallons traffic marking paint and has determined that the quotation of Vogel Paint & Wax Co. in the amount of $3,223.00 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 750 gallons traffic marking paint in the amount of $3,223.00 from Vogel Paint & Wax Co. 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. f QUOTATIONS ON TRAFFIC MARKING PAINT } r 300 gals. 250 gals. .100 gals 100 gals. White Reflect. Yellow Reflect. White Non Reflect. Yellow Non Reflect. Paint Paint Paint Paint Total Vogel Paint & , Wax Co. 4.07 /gal =1,221 4.60 /gal =1,115 4.13 /gal =413 4.74/gal =474 $3,223.00 Farwell zmon & 0 - _ 4 Kirk (FOK) 5.10 /gal 1,530 .5.90/gal 1,475 5.45 /gal 545 6.35 /gal 635 $ 185.00 , i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING CONCERN OVER GAMBLING AND BINGO LICENSING LEGISLATION WHEREAS, the Minnesota Legislature passed legislation to license bingo and license gambling as defined to be legal; and WHEREAS, the licensing regulations make gambling and bingo prohibitive for certain legitimate organizations; and WHEREAS, it was not the intent of the Legislature to make gambling and bingo prohibitive for legitimate organizations but to regulate gambling and bingo by licensing; and WHEREAS, the present licensing legislation is unworkable in :many respects and needs refinement to make the legislation effective and at the same time fair. NOW, THEREFORE, BE IT RESOLVED that the Legislature seek input on the gambling and bingo licensing legislation from affected organizations both large and small and from officials who administer the licensing of gambling and bingo in order to revise the present legislation to make it effective and fair. .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.' The Mayor announced that the meeting was open for the consideration of proposed Bridge Improvement Project No. 1978 -6 (MSAP 109 - 109 -15). The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two week's publication thereof in the official newspaper, the last publication being on June 7, 1979, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ORDERING CONSTRUCTION OF BRIDGE IMPROVEMENT PROJECT NO. 1978 -6 (MSAP 109 - 109 -15) BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and for the best interests of the City and the owners of property specially benefited thereby, that the following improvement shall be constructed: Project No. 1978 -6 (MSAP 109 - 109 -15) Bridge on Shingle Creek Parkway crossing over Shingle Creek. The estimated cost is $682,500.00 said amount to be encumbered from MSA fund 2613. Date Mayor ATTEST: Clerk I ','� - - - -- -Thy 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 Or BROOKLYN CENTER 6301 Shingle Creek Parkway _. Brooklvn Center, Ydmesota 55430 DATA SHEE for Public Hearing DATE: June 11, 1979 1. PRWECT: Bridge Improvement Project No. 1978 -6 (M.S.A.P. 109 - 109 -15) 2. LOCATION• Twin Bridges on Shingle Creek Parkway over Shingle Cr eek 3. DATE PETITICN RECEIVED: No Petition Received A. ESTIMATE FOR PUBLIC HEARING: $682,50030 $204,750 M.S.A. S,41 Assessed - - - -- 5. ESTIMATED ASSESSIVENT RATE: $2,216.30 per Acre 6. ASSESSMENT PERIOD: 15 years 7. NUMBER CF UNITS TO BE ASSESSED: 215.562 Acres . . ... 8. UNITS C"4�'NED BY CITY: 6.64 Acres ................ .. 9. UNITS OWNED BY DE T10PER: 85.49 Acres ...... 0 10. tkNITS OWNED BY PRIVATE PAIrLIES: 123.432 Acres 11. PRDBABLE BID DATE: July 18; 1979 .. ....... ... : ........... 12. PRDBABIE Cb,mpLETION DATE: July 31, 1980 . REMARKS: The Mayor announced that the meeting was open for the consideration of proposed Street Grading, Base & Surfacing Improvement Project No. 1978 -45 (MSAP 109- 109 - 16,17). The Clerk produced an affidavit of publication.of notice of hearing on the proposed improvement showing two week's publication thereof in the official newspaper, the last publication being on June 7, 1979, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1978 -45 (MSAP 109- 109 - 16,17) BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and for the best interests of the City and the owners of property specially benefited thereby, that the following improvement shall be constructed: Project No. 1978 -45 (MSAP 109 - 109 - 16,17) Street grading, base & surfacing on the westerly and southerly half of Shingle Creek Parkway from Freeway Boulevard to the east property' line of Tract A, R.L.S. No. 1274; Shingle Creek Parkway from the east property line of Tract A, R.L.S..No. 1274 to Xerxes Avenue North; and the northerly and easterly half of Shingle Creek Parkway from Xerxes Avenue North to County Road No. 130. The estimated cost is $337,300.00, said amount to be encumbered from MSA fund 2613. Date _.Mayor ..._ _ ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 DATA- SHEET for Public Hearing DATE: June 11, 1979 1. PRWECT: Street Grading, Base and Surfacing I�ement Project No. 1978 - 45 (M.S.A.P. 109 - 109 - 16,17) - 2. LOCATION: Shingle Creek Parkway from Freeway Blvd. to 69th Avenue Nort 3. DATE PETITION REC',EIVED: No Petition Received 4. ESTIMATE FOR PUBLIC HEA Ml G: $337 , 300 /300 = $101,190 M.S.A. 70% _ $236,110 Assessed 5. ESTIMATED ASSESSMENT RATE: $1,095.32 per Acre 6. ASSESSMENT PERIOD: 15 years 7. NUMBER OF UNITS TO BE ASSESSED: 215.562 Acres 8. UNITS of -SIE'D BY CITY: 6.64 Acres 9. UNITS (Yv%TNED BY DEVELOPER: 85.49 Acres 10. UNITS 0 BY PRIVATE PARTIES: 123:432 Acres 11. PI37BABLE BID DAVE: July ............. 12. PROBABLE COMPLETION DATE: July 31, 1980 . . The Mayor announced that the meeting was open for the consideration of - proposed - Curb -& - Gutter & 9', - Improvement Project _No. - 1978. -46 (MSAP 109 - 109- 16,17) The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two week's publication thereof in the official newspaper, the last publication being on June 7, 1979, which affidavit was ex- amined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said .--improvement, member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING CDNSTRUCTION OF CUFF & GUTTER & SIDEin= IMPROVEMENT PROJECT'NO.'1978 -46 (MSAP 109- 109 - 16,17) BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and for the best interests of the City and the owners of property specially benefitted thereby, that the following improvement shall be constructed: Project No. 1978 -46 (MSAP 109 - 109 - 16,17 Curb & gutter & sidewalk on the westerly and southerly half of Shingle Creek Parkway from Freeway Boulevard to the east property line of Tract A, R.L.S. No. 1274; Shingle Creek Parkway from the east property line of Tract A, R.L.S. No. 1274 to Xerxes Avenue North; and the northerly and easterly half of Shingle Creek Parkway from Xerxes Ave. North to County Road No. 130. 38° The estimated cost is $180,300.00, $126,900 of which is to be encumbered from MSA fund 2613, with the remaining $53,400 to be encumbered from MSA fund 2611. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and-the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER ' _ Creek Parkway • Brooklyn Center, Minnesota 55430 DATA SHEET for Public Hearing - -- - - - -- PATE: Jame 11, 1979 1. PROJECT: Curb & Gutter and Sidewalk Improvement Project No. 1978 -46 - - - - (M.S.A.P. 109- 109 - 16,17) 2. I=TION: Shingle Cre Parkway from Freeway Blvd. to 69th Avenue North 3. DATE PETITION RECEIVED: No Petition Received 4. ESTIMATE FOR PUBLIC HEARING: * $126,900/ 30% _ $38,070 M.S 70 % _ $88,830 Assessed _ 5. ESTIMATED ASSESSM ]NT RATE: $412.09 per Acre 6. ASSESSNENT PERIOD: 15 years 7. NUMBER OF UNITS TO BE ASSESSED: 215.562 Acres 8. UNITS CAWED BY CITY: 6.64 Acres . ........ .............. 9. UNITS OkKNED BY DEVELOPER: 85.49 Acres .. ............. .. 10. WITS ONZED BY PRIVATE PARTIES: 123.432 Acres ..... 11. PROBABLE BID DATE: July 18, 1979 . . ... . 12. PROBABLE COMPLETION DATE: July 31, 1979 .. .' ..... .... ..... �= * Estimate shown is for curb 'and gutter only, Remainincj $54 fnr ;clPwa of the total estimated Project cost of $ 180,800 will be t4itirnly funded with M- -q - A _ monies. The Mayor announced that the meeting was open for the consideration of proposed Storm Sewer Inprovement Project No. 1979 -5- (M..SAP 109 - 109 -16) . The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two week's publication thereof in the of- ficial newspaper, the last publication being on June 7, 1979, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for.or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT PROJECT NO. 1979 -5 (MSAP 109 - 109 -16) BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and for the best interests of the City and the owners of property specially benefitted thereby, that the following improvement shall be constructed: Project No. 1979 -5 (MSAP 109 - 109 -16) Storm sewer extensions of existing storm sewer on Shingle Creek Parkway from Xerxes Avenue eastward approximately 400 feet to Shingle Creek, and from the southeast corner of the City garage site westward approximately 750 feet to Shingle Creek. The estimated cost is $144,800.00, said amount to be encumbered from MSA fund 2613. Tate Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by Huber 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 CLIMB 6in1 shingle Creek Parkvray Brooklyn Center, Minnesota 55430 DATA. SHEET for Public Hearing DATE: June 11, 1979 1. P�ECT: Storm Secaer Improvement Project No. 1979 -5 (M.S.A.P. 109- 109 -16) 2. LCY,.ATION: Extensions of Existing Storm Sewer on Shingle Creek Par ay to Shincl e Cre 3. DATE PETITION RECEIVED: No Petition Received 4. ESTIMATE FOR PUBLIC HEARING: $144,800/,'30% .= $43,440 M.S.A.. 70% = $101,360 Assessed 5. ESTIMATED ASSESSMF�'T PATE: — $470.21 per Acre 6. ASSEMINT PERIOD: 15 ears 7. NUMSER OF UNITS TO BE ASSESSED: 215.562 Acres 8. UNITS OWNED BY CITY: 6.64 Acres ....... 9. UNITS UVNED BY DEVEMPER: 85.49 Acres .. .... .......... 10. UNITS OWNED BY PRIVATE PA LIES: 123.432 Acres 11. Pr3BABLE BID DATE: July 18, 1979 ............ 12. PFOBABLE COMPLETION DATE: July 31, 1980' ..... ZS The Mayor announced that the meeting was open for the consideration of proposed Street Improvement Project No-1979-6 (MSAP 109 - 109 -18). The Clerk produced an affidavit of publication of notice of hearing ~^ on the proposed improvement showing two week's publication thereof in the official newspaper, the last publication being on June 7, 1979, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENT PROJECT NO. 1979 -6 (MSAP 109- 109 -18) BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that`it is hereby determined that it is necessary and for the best - interests of the City and the owners of property specially benefited thereby, that the following improvement shall be constructed Project No. 1979 -6 (MSAP 109 - 109 -18) Street extension of existing Shingle Creek Parkway from City Hall northward approximately 200 feet to the south end of Bridge No. 27910 and from Freeway Boulevard southward approximately 250 feet to Bridge No. 27910. The estimated cost is $80,700.00, said amount to be encumbered from MSA fund 2613. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN =- MR 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 DATA SHEET for Public Hearing MTE: June 11, 1979 1.. PROJECT: Improvement Project No. 1979 -6 (M.S.A.P. 109 - 109 -18) 2. LOCATION: Approaches to Bridge No. 27910 on Shingle Creek Parkway over F.I.94 3 DATE PETITION RECEIVED: No Petition Received 4. ESTIMATE FOR PUBLIC HEARING: $80,700/30% _ $24,210 M.S.A. 70% _ $56,490 Assessed* 5. ESTIMATED ASSESSMIIT RATE: $115.93 per Acre N. of F.I.94 $150.05 per Acre S. of F.I 6. ASSESS=L PERIOD: 15 years 7. NUMBER OF UNITS TO BE ASSESSED: 215.562 Acres N. o f F. I.94, 2 Acres S. of F.I. 8. UNITS OWNED BY CITY: 6.64 Acres N. of F.I.94, 30.87 Acres S. of F.I.94 9. UNITS OMIEED BY DEVELOPER: Acres N. of F.I.94, 12 0.10 Acres S. of F.I.94 10. UNITS OTMM BY PRIVATE PARTIES• Acres N. of F.I.94, 58.955 Acre S. o F.I.94 11. PROBABLE BID DATE: April 16, 1979 ...... . ... ... . 12. PROBABLE COMPLETION DATE: July 31, 1980 .... ..... RopM�S: * Of assessed portion, $24,991.18 is attributable to construction north of F.I.94 and $31;498:82 is attributable to that south of F.I.94. Member introduced the following resolution and moved its RESOLUTION N0. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR BRIDGE IMPI7',jMENr PPDJF,,% - -T NO. 1978 -6; STREET GRADING IMPROVEMENT PROJECT NO. 1978 -45A; AND STORM SEWER IMPIMFb ENT PROJECT NO. 1979 -5; AND DIRECTING ADVER- TISEMENT FOR BIDS (BRIDGE AND ROADWAY ODNTRACT 1979 -D) BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The plans and specifications for the following i provements pre - pared by the City Engineer are hereby approved and order filed with the Clerk: Bridge Improvement Project No. 1978 -6 Street Grading Improvement Project No. 1978 -45A Storm Sewer Improvement Project No. 1979 -5 2. The Clerk shall advertise for bids for such improvements by pub- lication at least once in the official newspaper and in the Construction Bull - etin, the date of first publication not less than three (3) weeks prior to the date for receipt of bids. Said notice shall state that no bids will be consid- ered unless sealed and filed and accompanied by a bid bond, cashier's check or certified check payable tothe City Clerk in the amount of not less than five per cent (5%) of the bids. 3. Bid date is set for Wednesday, July 18, 1979 at 11:00 o'clock, a.m., central daylight time. 4. The City Manager and City Engineer shall be authorized to open and tabulate the bids. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by der and upon vote being taken thereon, the following voted in favor 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 WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -Q signed with the City of Brooklyn Center, Minnesota, Noble Nursery has satisfactorily completed the following improvement in accordance with said contract: Landscaping Portion of Alley Surfacing Improvement Project No. 1977 -13 (Landscape Improvement Project No. 1977 -13D) Alley between James Avenue North and Knox Avenue North from 53rd Avenue to 54th Avenue North: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is less than the original contract amount by $983.50 due to a general overestimation of planned quantities. 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 $1,332.50 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 same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: • RESOLUTION N0. RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -Q signed with the - City of Brooklyn Minnesota, Noble Nursery has satisfactorily completed the following improvement in accordance with said contract: Landscaping Portion of Alley Surfacing Improvement Project No. 1977 -22 (Landscape Improvement Project No. 1977 -22D) Alley between Twin Lake Avenue North and Lakeview Avenue North from Lakebreeze Avenue North to 300 feet + north of Lakebreeze Avenue North. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is less than the original contract amount by $640.60 due to a general overestimation of planned quantities. 3. It is hereby irected that final payment be made on said Y p ym project, taking the Contractor's receipt in full. The total amount to be paid for said improvement project under said . contract shall be $496.40. 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 ACCEPTING WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -Q signed with the City of Brooklyn Center, Minnesota, Noble Nursery has satisfactorily completed the following improvement in accordance with said contract: Landscaping Portion of Street Surfacing and Curb & Gutter Improvement Project No. 1978 -2 (Landscape Improvement Project - - - -- - -- - - 'No. 1978 -2E) 70th Avenue North from Kyle Avenue to June Avenue North. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is less than the original contract amount by $206.00 due to the following: a. An underestimation of the quantities for common excavation and topsoil borrow items resulted in an increase of $157.60 to the contract amount. b. The elimination of the truck haul item resulted in a reduction of $360.00 to the contract amount. c. A general overestimation of the remaining planned quantities resulted in a reduction of $3.60 to the contract amount. 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 $1,174.40. 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 N0. RESOLUTION�'ACCEPTING WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -Q signed with the City of Brooklyn Center, Minnesota, Noble Nursery has satisfactorily completed the following improvement in accordance with said contract: Landscaping Portion of Alley Surfacing Improvement Project No. 1978 -7 (Landscape Improvement Project No. 1978 -7B (D)) - -- Alley between Humboldt Avenue North and Irving Avenue North from 53rd Avenue North to 54th Avenue North. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The work completed for said project under said contract is hereby accepted and approved. I Z. The value of work performed is less than the original contract amount by $950.50 due to a general overestimation of planned quantities. 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 $1,599.50. 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 ACCEPTING WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -Q signed with the City of Brooklyn Center, Minnesota, Noble Nursery has satisfactorily completed the following improvement in accordance with said contract: Landscaping Portion of Street Grading, Base & Surfacing Improvement Project No. 1978 -24 (Landscape Improvement Project No. 1978 -24D) Aldrich Avenue North from 68th Avenue North northward to cul -de -sac. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The work completed for said project under said contract is hereby accepted and approved 2. The value of work performed is less than the original contract amount by $108.10 due to a general overestimation of planned quantities. 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 $505.30. 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 ACCEPTING WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -Q signed with the City of Brooklyn Center, Minnesota, Noble Nursery has satisfactorily completed the following improvement in accordance with said contract: Landscaping Portion of Street Grading, Base & Surfacing Improvement Project No. 1978 -27 (Landscape Improvement • Project No. 1978 -27D) James Circle from Freeway Boulevard to 570 + south of Freeway Boulevard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The work completed for said project under said contract is.hereby accepted and approved. 2. The value of work performed is greater than the original contract amount by $3.60 due to the following: a. An underestimation of the quantities for common excavation and topsoil borrow resulted in an increase of $280.00 in the.contract amount. b. The elimination of the truck haul item resulted in a reduction of $280.00 in the contract amount.` c. A general underestimation of the remaining planned quantities resulted in an increase of $3.60 to the contract amount. 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 $1,441.10. 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: 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 WORK UNDER CONTRACT NO. 1978 -Q (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -Q signed with the City of Brooklyn Center, Minnesota, Noble Nursery has satisfactorily completed the following improvement in accordance with said contract: Landscaping Portion of Street Grading, Base & Surfacing Improvement Project No. 1978 -20 West side of Irving Avenue North from 70th Avenue North 130 feet southward. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is Tess than the original contract amount by $37.97 due to a general overestimation of planned quantities. 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 $186.03. 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 N0. RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -S (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -S signed with the City of Brooklyn Center, Minnesota, 0 & P Contracting, Inc., has satis- factorily completed the following improvement in accordance with said contract: Trunk Water Main Improvement Project No. 1978 -31 Unity Avenue from an existing water main 940' north of 69th Avenue North northerly 1,300 feet. NOW, THEREFORE, BE IT RESOLVED by the City Council of the 'City of Brooklyn Center that: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is Tess than the original contract amount by ,$33.72 due to a general overestimation of planned quantities. 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 $52,365.34. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member f , 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 N0. RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -S (CONTRACTED BY CITY -) WHEREAS, pursuant to written Contract No. 1978 -S signed with the City of Brooklyn Center, Minnesota, 0 & P Contracting, Inc., has satis- factorily completed the following improvement in accordance with said contract: Storm Sewer Improvement Project No. 1978 -32 On an easement from Unity Avenue North at 71st Circle easterly 400 feet. Included in this project is the relocation or extension of certain sanitary sewer laterals in Unity Circle and Unity Avenue North. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is 'less than the original contract amount by $726.43 due to a general overestimation of planned quantities. 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 $9,275.52. 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 N0. RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -S (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -S signed with the City of Brooklyn Center, Minnesota, 0 & P Contracting, Inc., has satis- factorily completed the following improvement in accordance with said contract: Storm Sewer Improvement Project No. 1978 -35 Unity Avenue from a point approximately 100 feet north of Ponds Drive North (north end) to an easement approximately 160 feet south of Ponds Drive North (south end); thence easterly 50 feet on an easement. Also C.B. on 73rd Avenue at Unity. NOW, THEREFORE, BE IT RESOLVED by the City' Council of the City of Brooklyn Center that: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is less than the original contract amount by $1,091.55 due to the following: a. The elimination of granular backfill and bedding materials, sodding and riprap items resulted in a reduction of $1,123.50 in the contract amount. b. A general underestimation of planned quantities resulted in an increase of $31.95 in the contract amount: 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 $17,005.59. 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: `khb0LUTr0 N0. RESOLUTION ACCEPTING WORK UNDER CONTRACT N0, 1978 -S (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -S signed with the City of Brooklyn Center, Minnesota, 0 & P Contracting, Inc., has,satis- factorily completed the following improvement > in accordance with said contract: - - - -- - Water Main Portion of Shingle Creek Relocation Project No. 1978 -40 (Water Main Improvement Project No. 1978 -40A) In Central Park, lowering water main at the proposed relocation of Shingle Creek. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is less than the original contract amount by $2,025.00 due to the following: a. An overestimation of the quantity for water main pipe resulted in a reduction of $1,800.00 in the contract amount. b. The elimination of granular bedding and backfill material items resulted in a reduction of $225.00 in the contract amount. 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 $8,380.00. 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. Member introduced the following resolution and J moved its adoption: RESOLUTION NO. - RESOLUTION DESIGNATING CERTAIN TAX FORFEITED LAND IN THE CITY OF BROOKLYN CENTER TO BE USED FOR PUBLIC PURPOSES WHEREAS, there is situated within the boundaries of the City of Brooklyn Center and the County of Hennepin certain tax forfeited land; and WHEREAS, the City of Brooklyn Center desires to obtain the said land for public purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City -of Brooklyn Center that the City Manager be instructed to make application for conveyance of tax forfeited lands as herein described and further, that the Mayor and City Manager be authorized to sign such application for conveyance. The land is described as follows: Plat 89741, Parcel 8010 (P.I.D. No. 10- 118 -21 -42 -0023 Tract J of R.L.S. No. 1023 Plat 89769, Parcel 5500 (P.I.D. No. 02- 118 -21 -12 -0008) Tract K of R.L.S. No. 1325 Plat 90063, Parcel 3000 (P.I.D. No. 25- 119 -21 -43 -0050) Thomas Construction Company - 2nd Addition 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. 7/� Member introduced the following resolution and moved its adoption: RESOLUTION N0. _ RESOLUTION APPROVING A PORTION OF CLASSIFICATION LIST "656 -NC" WHEREAS, the City Council of the City of Brooklyn Center has received _from the County of Hennepin, a list of lands in Brooklyn Center which became the property of the State of Minnesota, for nonpayment of real estate taxes, which said list has been designated as Classification List No. 656 -NC; and WHEREAS, each parcel of land described in said list has heretofore been classified by the Board of Commissioners of Hennepin County, Minnesota, as nonconservation land and the sale thereof has heretofore been authorized by said Board of Commissioners; and WHEREAS, it is not the intention of the City of Brooklyn Center to approve Plat 89741, Parcel 8010 (P.I.D. No. 10- 118- 21 -42- 0023); Plat 89769, Parcel 5500 (P.I.D. No. 02- 118- 21 -12- 0008); and Plat 90063, Parcel 3000 (P.I.D. No. 25- 119 -21 -43 -0050) for sale. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, acting pursuant to Minnesota Statute 282, with the exception of the above mentioned lands, that said classification list by said Board of County Commissioners of the land described in said list as nonconservation land be and the same is hereby approved, and that the sale of each parcel of land be and the same is hereby approved. 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. CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE CITY ORDINANCES RELATIVE TO ON SALE LIQUOR AND ON SALE WINE LICENSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS :_ Section 1. Chapter 11 of the City Ordinances is hereby amended as follows Section 11 -501 DEFINITION OF TERMS 4. The term "on sale liquor" means the sale of intoxicating liquor by the glass, or by the drink for consumption on the premises only. 10. The term "restaurant" means any establishment, other than hotel, under the control of a single proprietor or manager, having appropriate facilities - to serve meals and for seating not less 'than 150 guests at one time, and where in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide 'the usual and suitable service to its guests, and the principal part of the business of which is - the serving of food. For purposes of an "on sale wine" license seating must be available fo not less than 75 guests at one time with all other sections of definition applicable as stated. 12. The term "wine" means a vinous beverage containing not more *than 14 percent alcohol by volume. 13. The term "on sale wine" means the sale of wine for consumption on the premises only. - Section 11 -502. LICENSE REQUIRED. 1. No person except wholesalers or manufacturers 'to -the extent authorized under State License, and except the municipal liquor dispensary, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license - to do so as provided in - this ordinance. Licenses shall be of [two] three kinds: "On Sale Liquor ", [and] "On Sale Club " and "On Sale Wine '2. "On Sale Li quo licenses shall be issued only - to hotels and res-tauran-ts. ORDINANCE NO. 4. "On Sale Wine" licenses shall be granted only to restaurants and only the sale of wine not exceeding 14 percent alcohol by volume for consumption on the licensed premises , in conjunction with the sale of food shall be permitted. Section 11 -503. NUMBER OF LICENSES ISSUED. The number of private "on sale liquor" licenses issued by the City of Brooklyn Center shall conform to provisions of Minnesota Statutes, Section 340.353 as amended by the Session Laws of 1974, Chapter 268, (Senate File 919) State of Minnesota. The number of "on sale wine" licenses shall be unlimited. Section- 11 -504. APPLICATIONS FOR LICENSE. 5. If 'the applicant is a corporation or other organization and is applying for an "on sale liquor or an "on sale wine" license, - the following: 8. An applicant for an "on sale l iqu or" or an "on sale wine" license shall submit a floor plan of - the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended 'to be served in each of said rooms. 14. Whenever the application for an , "on sale liqu or" or an "on sale wine" license [to sell intoxicating liquor,] or fora transfer - thereof, is for premises either planned or under construction or undergoing substantial alteration, - the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises 'to be licensed. If the plans or design are on file with the Building Department, no plans need be filed. with the City Clerk. Section 11 -505. RENEWAL APPLICATIONS. At - the earliest practicable time after application is made for a renewal of an "on sale liquor or an "on sale wine" license, and in any event prior to the time that the application is considered by the City Council, the applicant shall file with the - City Clerk a statement prepared by a certified public accountant that .shows .the ' total gross sales and the total food sales of the restaurant for 'the twelve month period immediately preceding - the date for filing renewal applications. A foreign corporation shall file a current Certificate of Authority. Section 11 -507 LICENSE FEES. 1. The annual license fee for "on sale liquor" or an "on sale wine" license shall be in an amount as set forth in Section 23 -010 of the City Ordinances. The annual license fee for an "on sale club" license shall be $100. ORDINANCE NO. 3 . The fee for an un sale l� [or] L - "orf sale club" or an "on sale wine" license granted after - the commencement of the license year shall be prorated on a daily basis. Section 11 -509. PERSONS INELIGIBLE FOR LICENSE. - - 6. Who is directly or indirectly interested in any other establishment in *the City of Brooklyn Center to which an "on sale liquor or an "on sale wine" license has been issued under this ordinance. 9. An "on sale li uor or an "on sale wine" license will not be renewed if, in - the case of an individual, the licensee is not a resident of the Twin Cities Metropolitan Area at the time of - the date for renewal; if, in the case of a partnership, - the managing partner is not a resident of the Twin Cities Metropolitan Area at the time of the renewal; or in the case of a corporation, if - the manager is not a resident of the Twin Cities Me'tropoli'tan Area at the *time of - the date of renewal. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka, Carver, "Dakota, Hennepin, Ramsey, Scott and Washington. 10. No person shall own an interest in more - than one establishment or business within Brooklyn Center for which an "on sale li uor" or an "on sal wine" license has been granted. The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of . -the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of 10 percent or less in any corporation holding a license. A person who received monies from time to time directly or indirectly from a licensee , in the absence of a bona fide consideration 'therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide" 'the reasonable value of the goods or things received as con siderationfor any payment by the licensee and all other facts-reason- y ably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade - the prohibitions of 'this section shall be considered. Section 11 -510. PLACES INELIGIBLE FOR LICENSE 3. No "on sale liquor" license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 1800 square feet or for a hotel - that does not have a dining - area open to the general public, with a total minimum floor area of 1200 square feet. Section 11 -511. CONDITIONS OF LICENSE. 5. No "on sale liquo or "on sale wine" licenses shall sell intoxicating liquor "off sale". .8. No person under 19 years of age shall be employed in any rooms constituting the place in which "on sale liquor" is sol at retai [intoxicating liquors are sold at retail "on sale "], except that persons under 19 years of age may be employed to perform the duties of a bus- boy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which "on sale liquor" is sold at reta il. [intoxicating liquors are sold at retail "on sale"] Serving of any "on sale wine" must be done by persons 1 e ars of age or older. Section 11 -515. LIABILITY INSURANCE. 1. Insurance Required. At - the time of filing an application for either an "on sale liquor" [or an] , "on sale club " or an "on sale wine" [liquor] license, the applicant shall file with - the City Clerk a liability insurance policy which shall be subject - to the approval of 'the City Council. The insurer on such liability insurance policy shall be duly licensed to do business in the State of Minnesota, and the insurance policy shall be approved as to form and execution by - the City Attorney. Such liability insurance policy shall be in - the amount of not less - than $10,000 coverage for one person and $20,000 coverage for more 'than one person, and shall specifically provide for the payment by the insurance company on behalf of - the insured of all sums which - the insured shall be- come obliged to pay by reason of liability imposed upon him by law for injuries or damages 'to persons other than employees, including - the liability imposed upon the insured by reason of Section 340.95, Minnesota Statutes. Such liability insurance policy shall further provide that no cancellation for j any cause can be made either by the insured or the insurance company without first giving 10 days' notice 'to the City in writing of intention to cancel the same, addressed - to - the City Clerk. Further, it shall provide - that no payment of any claim by the insurance company shall, in any manner, decrease the coverage provided for in respect to any other claim or claims brought against the insured or company thereafter. Such policy shall be conditioned 'that the insurer shall pay, to the extent of - the principal amount of - the policy, any damages for death or injury caused by, or resulting from the violation of any law relating to the business for which such license has been granted. The licensee and the City shall be named as joint insureds on the liability in- surance policy. ORDINANCE NO. Section 11 -550. SUNDAY SALES AUTHORIZED. Notwithstanding the provisions of Section 11 -512 of the City Ordinances, establishments to which "on sale - liquor" licenses have been issued for - the sale of intoxicating liquors may, upon obtaining a special license, serve intoxicating liquors between the hours of 12 :00 noon and 12:00 midnight on Sundays in conjunction with the serving of food. Wine maybe sold with a special license under the authority of an "on sale wine" license between the hours of 12:00 noon and 12 :00 midnight in conjunction_ with the serving of food Section 11 -551. LICENSE REQUIRED. No person shall directly or indirectly sell or serve intoxicating liquors as authorized in Section 11 -550 without having first obtained a special license from the City Council, except under the auth of an "on sale wine" license'. Application for such a special Sunday license shall be filed with the City Clerk. Section 11 -552. LICENSE FEES. The annual license fee for a special "on sale liquor" Sunday license shall be in an amount as set forth in Section 23 -010 of the City Ordinances. The annual license fee shall be paid in full before - the applica- tion for a license is accepted. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before - the approval of issuance by the City Council, - the license fee shall be refunded to the applicant. The fee for a license granted after the commencement year shall be prorated on a monthly basis. Section 2. Chapter 23 of - the City Ordinances is hereby amended as follows: Section 23 -010. Fee (annual un- less otherwise Type of License Required by Section License Expires stated On Sale Wine 11 -507 -Dec. 31 2,000.00 Section 3 This ordinance shall become effective after adoption and upon thirty (30) days following its publication. Adopted this day of , 1979. Mayor ATTEST: Clerk F Date Published Effective Date (Brackets indicate matter - to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 AND CHAPTER 35 OF THE CITY ORDINANCES REGARDING RUMMAGE SALE SIGNS THE CITY - COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 34 -110 of the City Ordinances is hereby amended to read the following: Rummage Sale - The infrequent temporary display and sale, by an occupant on his premises, of personal property, including general household rummage, used clothing and appliances, provided: the exchange or sale of merchandise is conducted within the residence or accessory structure; the number of sales does not exceed four (4) per year; the duration of the sale does not exceed three (s) consecutive days; any related signery shall be limitea to the premises and to other residential property proviaed that property owner's permission has been obtained to display such signery shall conform with the sign ordinance provisions for home occupations and shall be removed at the termination of said sale; and the conduct of the sale does not encroach upon the peace, health, safety, or welfare of the citizens of Brooklyn Center. Section 2. Section 35 -900 of the City Ordinances is hereby amended to read the following: Rummage Sale - the infrequent temporary display and sale, by an occupant on his premises, of personal property, including general household rummage, used clothing and appliances, provided: the exchange or sale of merchandise is conducted within the residence or accessory structure; the number of sales does not exceed four (4) per year; the duration of the sale does not exceed.three (3) consecutive days; any related signery shall be limited to the premises an to other residential property provided that prope owner's permission has been obtained to di splay such signery shall conform with the sign ordinance provisions for home occupations and shall be removed at the termination of said sale; and the conduct of the sale does not encroach upon the peace, health, safety, or welfare of the citizens of Brooklyn Center. ' Section :3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1979. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter) #2 May 10, 1979 Member introduced the .following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ESTABLISHING POLICY FOR THE ISSUANCE OF INDUSTRIAL REVENUE BONDS OR MORTGAGES OR TAX INCREMENT FINANCING WHEREAS, for the purpose of promotion, attraction, encouragement and development of economically sound commerce the preservation and development of a tax base adequate to finance necessary public services', and the encour- agement of employment opportunities for the citizens of the City; the City is authorized by the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 to acquire and lease real and personal property for use by a revenue producing enterprise, or to loan funds directly to the enterprise, or to loan funds directly to the enterprise to be used for such acquisition, said funds to be raised through the issuance of revenue bonds of the City the interest on which is exempt from federal and state income taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the following shall be the policy for the City of Brooklyn Center for issuance of industrial revenue bonds or mortgages or tax increment finance and shall serve as guidelines for developers seeking City approval: 1. Neither the property owner nor the applicants shall have any outstanding taxes or assessment delinquencies within the City of Brooklyn Center. at- a,,v 2. The applicant must demonstrate conclusively nd the City I - y ty Council must concur that the proposed project is in compliance with the City's Comprehensive Plan and all other existing codes. 3. At no time shall the amount of industrial revenue bonds out - standing be greater than five percent of the assessed valuation of the City of Brooklyn Center. (Note to City Council- -five percent of our current assessed valuation would be $6 million. Currently for general full faith and credit bond limitation in the State Statutes for the City is approximately $9 million). 4. If authorized, industrial revenue bonds must be privately placed and not offered for public sale. This approach is used to insure that any buyers are fully informed and aware that industrial revenue bonds sold are not backed by the full faith and credit .of the City of Brooklyn Center and the authorized bonds must be placed within 12 months of City Council approval. 5. If the applicant is a governmental or governmentally sponsored organization, the project proposed must: (a) Be in compliance with the City's Comprehensive Guide Plan and other existing codes; (b) The applicant must demonstrate and the Council must concur the project has specific benefit to the citizens of Brooklyn Center: RESOLUTION N0. 6. Applicants must meet all requirements established in the State Statutes for industrial revenue and /or tax increment bonds. In addition, the project must be of a nature that the City wishes to attract or an existing business the City would desire to expand within the City. Desirability shall be measured in terms of: (a) Significant number of jobs for the City; (b) The project shall not contribute, in the Council's opinion, to increased traffic volumes detrimental to adjacent land uses or have other detrimental side effects; (c) Retention of employment which might otherwise leave the community. 7. An applicant must submit his request on forms provided by the City of Brooklyn Center and submit written documentation - — - of his compliance with these requirements.' In addition, the applicant must agree to pay for any fiscal, legal or any other City Council approved costs incurred in analyzing or processing the application. The City Council, upon recommendation by the City Manager, may require the deposit of an amount estimated to cover these expenses prior to final application approval. 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 N0. RESOLUTION TO EXPRESS CONCERN OVER THE OVERUSE BY MUNICIPALITIES OF THE AUTHORITY TO ISSUE NONTRADITIONAL TAX EXEMPT BONDS WHEREAS, cities and schools have traditionally used tax exempt municipal bonds to finance at a lesser rate, such traditional public services as streets, sewerage, water, park improvement projects, schools, hospitals, and other public buildings; and WHEREAS, they have accomplished this through the issuance of general obligation bonds (in which the bonds are _backed _by` the full faith and credit of the issuing municipality) and through revenue bonds (which are backed by the revenue earned from the revenue producing entity of the municipality which is being financed); and WHEREAS, these bonds are attractive to the bond buyers because the interest on the bonds are not taxed by the federal or state government; and WHEREAS, because of the tax exempt status, and the soundness of the traditional municipal bond, municipalities have been able to finance public projects at extremely low interest rates which results in lower interest costs and subsequent tax savings to the taxpayer; and WHEREAS, municipal issuers of bonds have resisted legislation to regulate traditional municipal bonds by the U.S. Treasury; and WHEREAS, in recent years, municipalities have been given authority to issue industrial development revenue bonds,, tax exempt mortgages and more recently locally issued below market' rate mortgage bonds to finance" single family housing and WHEREAS, some municipalities throughout the United States have failed to police themselves and have shown-a lack of self- control in the issuance of nontraditional bonds; and WHEREAS, the City Council of the City of Brooklyn Center believes that the overuse of the authority to issue nontraditional municipal tax exempt bonds could destroy the advantage of tax exempt interest rates by both increasing the risk of tax exempt bonds and by flooding the market for municipal bonds and WHEREAS, it is a concern of the Council to be able to continue to. issue nontaxable bonds for traditional public purposes at the lowest` possible interest rate thereby, reducing interest costs for the community's taxpayers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to urge all municipalities to adopt guidelines for the issuance of nontraditional tax exempt, bonds that will discourage either the misuse or overuse of the authority to issue said bonds. MEMO TO: G. G. Splinter, City Manager J FROM Gene Hagel, Director of Parks & Recreatio ) DATE June 6, 1979 SUBJECT: Professional Service Proposal - Brauer and Associates The proposed agreement with Brauer and Associates deals with Central Park -- architectural style for the park structures, and final master plan for the Plaza. We have reached the point where design decisions have to be made. Next year we are scheduled to begin construction of the picnic shelter. Soon thereafter we will be working on the main park building -- which is to include restrooms, concession, storage, etc. Architectural style must be determined now so that the buildings relate properly to each other, to the Plaza, and to the entire Civic Center. The Plaza, which we perceive to be the nerve center, the focal point for Central Park, demands special consideration. It is to contain play apparatus (in or near by), shuffleboard and /or horse- shoe courts, game tables, sun shelters, seating areas, possibly a fountain or sculpture, a gazebo, a combination amphitheater - bandstand, lighting, furniture, plantings, paved areas. We envision the Plaza laza as the main .gathering place for Community celebrations, displays, small concerts, speeches, and perhaps dancing. The design and layout of such an area is critical. The agreement with Brauer proposes that our staff landscape architect would work at the Brauer office, with Brauer staff, two or three days per week for approximately four weeks. Using ou staff person PP Y g P in this manner reduces the cost of these services to approximately one - -- - - -_ -- fourth o€ what it would otherwise cost. I consider this a great opportunity to get some highly professional work. I` I I May 8, 1979 City of Brooklyn Center_ Parks and Recreation Department City Hall 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Contract Proposal for Professional Services Central Park Gentlemen: This letter proposal outlines a scope of services, fee sche- dule and other elements which, if approved, constitute an agreement between the CITY OF BROOKLYN CENTER, Brooklyn Center, Minnesota, herein referred to as the OWNER, and BRAUER & ASSOCIATES LTD., INC., herein referred to as the CONSULTANT The OWNER hereby retains the CONSULTANT to provide landscape architectural, planning and engineering services required to complete a comprehensive master plan and preliminary cost estimates for the development of a "Plaza Area" and ancillary facilities within Central Park hereinafter referred to as the PROJECT. A. SCOPE OF SERVICES - Basic Services l. Research, collection, review and synthesis of all data that will affect the planning process including meeting with staff and designated citizen committee to establish site program needs, priorities and phasing. Anticipated program may include but is not - limited to: _._ walks play apparatus paved areas - - _ __ . wading _pool - . horseshoes . planting . shuffleboard . lighting structure furniture 2. Preparation of preliminary plan concepts and sup- porting graphics illustrating the distribution of program activities over the site to maximize orien- ,% tation, potential grades and activity interrela- ad tionships. Preliminary plan concepts to be prepared {,✓i utilizing OWNER staff to supplement CONSULTANT staff. C 2 7901 Flying Cloud Drive, Eden Prairie, Minnesota 55344 ❑ (612) 941 -1660 City of Brroklyn Center -2- May 8, 1979 3. Presentation to staff and citizen committee of graphics including existing park, public and neighborhood rela- tionships to the PROJECT, natural environmental site impacting elements, land use concepts and a preliminary master plan based on program activity input. 4. Presentation of graphics for OWNER and Park Board review, critique, feedback and further direction to the CONSULTANT. 5. Revision of plan concepts as required by OWNER feedback. Preparation of final master plan for the PROJECT area incorporating OWNER program requirements. Final master plan.graphics to be prepared by OWNER staff at direction of CONSULTANT. 6. Preparation of a preliminary cost estimate by the CONSULTANT in sufficient detail to identify specific area and activity costs with allowance for design development construction documents, bidding and construction obser- vation during the course of site development. Cost esti- mate analysis will incorporate both phase and priority scheduling. 7. Presentation of final master plan graphic and supporting preliminary cost estimate to OWNER and citizen ,committee for formal approval and adoption to development proposals. B. SCOPE OF SERVICES - Additional Services 1. Design Development, Construction Drawings and Specifi cations for development work and required details complete and ready for bidders. 2. Bidding Procedures which include preparation of adver- tisements for bids, issuance of drawings and specifica- tions to bidders, clarification of questions by addenda during the bidding period, direction of bidders con- ference, analysis of bids received, recommendations for contract award and assistance in preparation of contract documents for each contract awarded. 3. Construction Observation Periodic communication with the. Contractor and OWNER and visits-to the site on the average of one per week during construction to interpret design intent of the plans and specifications; set up payment schedule; approve shop drawings; make general progress reports; process change orders; and approve field changes. City of Brooklyn Center -3- May 8, 1979 The service does not include bn -site inspection as to quality or to quantity of work, responsibility for the Contractor's construction means, methods, technique, pro - cedure or safety precautions and the Contractor's failure to perform in accordance with the contract documents. C. FEES FOR PROFESSIONAL SERVICES The OWNER shall compensate the CONSULTANT for completion of professional services described above as follows: 1. For the CONSULTANT'S Basic Services, as described in Paragraphs A -1 through A -7, above, an Hourly Fee plus expenses not to exceed OTIE THOUSAND DOLLARS ($1,000.00) The following hourly rates will be utilized to determine CONSULTANT'S fee: Senior Professionals $47.00 per hour Professionals $18.00 39.00 per hour Technicians $13.00 - 25.00 per hour Administrative $10.00 per hour 2. For the CONSULTANT'S Additional Services, as described in Paragraphs B -1 through B -3, above, a Lump Sum Fee or a Percentage Fee to be determined following completion of Paragraph A and determination of anticipated construction budget. 3. For the CONSULTANT'S Reimbursable Expenses, actual expen- ditures for the CONSULTANT'S Additional Services, other than the hourly fee, directly connected with the PROJECT including mileage, cost of soil borings, testing or spe- cial consultants as directed by the OWNER, and identi- fiable materials, services or supplies used in reproduc- tion of reports, drawings, specifications or field work. D. PAYMENT TO THE CONSULTANT 1. Statements will be submitted to the OWNER on a monthly basis, with a breakdown of time and expenses for services performed, or work completed, through the 25th of the pre - vious month. 2. Payments on account of CONSULTANT'S services are due and payable within thirty days of receipt of CONSULTANT'S statement of services rendered. E. OWNER'S RESPONSIBILITY The 01-iNER shall make available or allow access to all existing data related to the work and all other data or information which may develop that could possibly have a City of Brooklyn Center -4- May 8, 1979 bearing on the decisions or recommendations made under this Agreement. The OWNER shall specifically provide where available: 1.• OWNER staff Landscape Architect to be fully accessible to CONSULTANT including but not limited to: a. Working designated blocks of time on a weekly basis -- assumed three to four weeks duration. b. Working in the CONSULTANT`S office. c. OWNER staff Landscape Architect to remain on City payroll. 2. Project program data in addition to that already pre sented. 3. Identification of anv site restrictions. 4. Soil surveys, borings and other data which describes the general nature and conditions of the site. ^. 5. Topographic mapping of all areas to be studied including M' adjacent program areas 6. Additional data or information which will have a bearing on the planning or design conclusions and recommendations of the CONSULTANT. 7. One designated individual with whom the CONSULTANT can meet, receive instructions'and deliver information and coordinate all planning activities. F. TERM, TERMINATION, SUCCESSORS AND ASSIGNS 1. The Term of the Agreement shall be concurrent with the work authorized. Estimated completion time for services described in Paragraph A -1 through A -7 is no less than twelve (12) weeks from the date of authorization or re- ceipt of basic data, whichever is the latter. Coordin- ating efforts for PROJECT completion will be outlined upon contract authorization to proceed. 2. Termination may be accomplished by either party at any time by written notice, and shall be effective upon payment in full for all services performed to the date of receipt of such notice. 3 The OWNER and the CONSULTANT-each binds itself, its part - ners, successors, assigns and legal representatives to the other party of this Agreement, and to the partners, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. City of Brooklyn Center -5- May 8, 1979 r 4. Neither the OWNER nor the CONSULTANT shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. G. NONDISCRIMINATION The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, physical condition or age. The _- ___CONSULTANT will take affirmative action to insure that appli- cants are employed and that employees are treated during employment without regard to their race, color, religion, sex, national origin, physical condition or age. Such action shall include but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compen- sation and selection for training including apprenticeship. H. CONSULTANT'S RECORDS, AND INSURANCE 1. The CONSULTANT shall maintain time records for hourly fees, °design calculations and research notes in legible form and will be made available to the OWNER, if re- quested. 2. The CONSULTANT shall carry insurance to protect him from claims under Workman's Compensation Acts; from claims for damages because of bodily injury including death to his employees and the public, and from claims for property da -. mage. 3. The CONSULTANT reserves the right to secure and maintain statutory copyright in all published books, published or unpublished drawings of a scientific or technical character, and other works related to this PROJECT in which copyright may be claimed. The OWNER shall have full rights to reproduce works under this Agreement either in - - - _T_ —whole or in part as related to this PROJECT. One copy each drawing shall be provided in reproducible form for use by the 01MER, but the original drawings will remain the property of the CONSULTANT. I. EXTENT OF AGREEMENT AND APPLICABLE LAW 1. This agreement represents the entire and integrated agreement between the OWNER and the CONSULTANT and super- sedes all prior negotiations, representations, or agreements, whether written or oral, with respect to the PROJECT. This agreement may be amended only by written instrument signed by both OWNER and CONSULTANT. 2. Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. City of Brooklyn Center -6- May 8, 1979 IN WITNESS WHEREOF the OWNER and the CONSULTANT have made and exe- cuted this Agreement, This day of , -1979. CITY OF BROOKLYN CENTER Brooklyn Center, Minnesota In presence of: BRAUER & ASSOCIATES LTD., INC. In presence of: Eden Prairie, Minnesota 1 Paul S. Fj re, M.L.A. President vww Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION TO AMEND RESOLUTION NO. 78 -296 SETTING WAGES AND SALARIES FOR-THE CALENDAR YEAR 1979 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City Council did adopt Resolution No. 78 -296 on December 18, 1978 which established a schedule of positions authorized and maximum salaries ' and wages for the calendar year 1979; and WHEREAS, the City Council did approve the position of Chief Accountant, Department of Finance upon the adoption of the 1979 Budget; and WHEREAS, the City Council does approve certain position changes in the Engineering Division. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends Resolution No. 78 -296 as follows: Grade Classification Range from Position Monthly (M) Wage Classification Plan or Hourly (H) Rate DEPARTMENT /JOB TITLE (Positions) Minimum Maximum Minimum Maximum Finance Department Add s. Chief Accountant (1) Unclassified - - - - -- 1,500 Engineering Division Add Engineering Technician II 20A 24C 1,`008M 1228M (l Additional) Clerk IV 9A 10C 768M 869M Delete: Assessment Clerk (1) 16A 19C 913M 1,085M Engineering Technician (1) 7A 8C 731M 827M 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. l Licenses to be approved by the City Council on June 11, 1979 HOUSEMOVER'S LICENSE n �� Ernst Machinery & Housemovers Corp. 9400 85th Ave. No. ,1 Building Official NONPERISHABLE VENDING MACHINE LICENSE Cass Screw Company 4748 France Ave. No. Sanitarian RENTAL DWELLING LICENSE Renewal: Norman Chazin Brookdale Manor Norman Chazin Four Court Apts. - G�JI ��!% r Norman Chazin Northbrook Terrace 4 (- / �7, -✓ - Norman Chazin Northlyn Apts. Virgil L. Hillstrom 5907,09 June Ave. No. Fred Beier 5330,04 Vincent Ave. No. Emilia Krzesowiak 3001,07 51st Ave. No. Transfer: R.J.S. Properties 5240 Drew Ave. No. Stephen & Debra Ziehl 4216 Lakebreeze Ave. No. Dave Bradley 6725 West River Road Milton R. Carlson 610 53rd Ave. No. L %_L T- <_/ Director of Planning �J and Inspection . SIGN HANGER'S LICENSE ., Cragg, Inc. 9636 85th Ave. No. Midway Sign Co., Inc. 444. N. Prior Ave. a Building Official Member introduced the.following resolution and moved its adoption: RESOLUTION N0. RESOLUTION REVOKING THE RENTAL DWELLING LICENSE FOR THE BROOKDALE TEN APARTMENT COMPLEX WHEREAS, both Planning and Inspection Department and Fire Department records indicate that the Brookdale Ten Apartment Complex has, since November, 1976, received a total of 54 Compliance Orders requiring the correction of a number of violations considered to be of a life- safety nature such as: broken, inoperable or improper fire exit lights; missing or defective fire extinguishers; broken or inoperable fire door closures and fire doors that are damaged or being propped open in such a manner to be ineffective for their designed purpose; missing or unidentifiable building addresses; damaged or broken electrical outlets and service boxes; and unsafe stair handrails and loose carpeting in stairways; and WHEREAS, in an attempt to deal with these life - safety concerns as well as a number of other housing maintenance matters, a priority list was prepared and agreed to by the owner of the apartment complex in February, 1978, said list included Priority 1 Items (life - safety violations), Priority 2 Items (general housing maintenance items), and Priority 3 Items (exterior building and yard work items) with Priority 1 and 2 Items to be corrected by April 1, 1978 and Priority 3 Items by June 1, 1978; and WHEREAS, all of these priority items were not entirely corrected by said dates and the owner requested additional time to address these items, whereupon the City Council in June, 1978 granted a temporary extension of the Rental Dwelling License for the complex through August, 1978 to permit the owner to make the necessary corrections; and WHEREAS, on October 26, 1978, an inspection of the apartment complex indicated that of the 56 Priorty 1', 2, and 3 violations previously noted, 24 items were corrected and WHEREAS, the owner of the Brookdale Ten Apartment Complex, Mr. Bennie Rozman, on October 30, 1978 prepared and presented to the City Council, a new planned schedule of maintenance improvements to be completed during the fall of 1978, the winter of 1979, the spring of 1979 and the summer of 1979; and WHEREAS, the planned maintenance schedule was accepted by the City Council and the Rental Dwelling License was extended on a temporary basis through August, 1979; and WHEREAS, periodic inspections of the premises have been made since October, 1978 and a May 21, 1979 inspection indicates that all of the apart- ment buildings, with the exception of the building at 3425 - 53rd Avenue North, have all or some of the following Fire Code and /or Housing Maintenance Ordinance violations considered to be of a life- safety nature: 1. Missing building address numbers or numbers that do not have contrasting color to the building so, as to make the building readily identifiable in the day or evening hours. 2. Broken or inoperable fire door, closures` and fire doors that are damaged or being illegally propped open. RESOLUTION NO. 3. Broken, inoperable or improper fire exit lights. 4. Refrigerators stored in an unsafe manner in laundry rooms contrary to Minnesota Statutes No. 609.675. 5. Unsafe stair handrails and loose carpeting in stairways; and WHEREAS, the May 21, 1979 inspection also indicates that, with respect to the schedule of maintenance improvements submitted by the apart- ment owner for the fall of 1978 and the winter of 1979, the schedule has not been completely addressed and that no visible, work has yet begun on the spring, 1979 schedule; and _ —_ - -- __ - - -- WHEREAS, the record indicates that the owner of Brookdale Ten Apart - ment Complex has shown that he is either unable or unwilling to address and/ or correct code violations considered to be of a life- safety nature and that he is unable or unwilling to operate and maintain the apartment complex in a , manner consistent with the provisions of the City's Housing Maintenance Ordinance, the Fire Protection Code and the laws of the State of Minnesota; and WHEREAS, the owner of the Brookdale Ten Apartment Complex has not shown that a reasonable attempt is being made to address ;the schedule of maintenance improvements he provided to the City Council on October 30, 1978 to address matters of concern. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to revoke the Rental Dwelling License for the Brookdale Ten Apartment Complex effective immediately in accordance with Section 12 -910 of the City Ordinances. Date Mayor - ATTEST: C lerk 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. ' MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspectione DATE: June 8, 1979 SUBJECT: Brookdale Ten Rental Dwelling License You have requested me to provide various information relating to the Rental Dwelling License for the Brookdale Ten Apartment Complex as well as to provide f__ attempt to gain compliance various background information r ati n to he staff's a g el g t P 9 P with the City's Housing Maintenance and Occupancy Ordinance. Following various reports to the City Council regarding the Brookdale Ten Apart- ment Complex, the City Council requested the presence of Mr. Bennie Rozman, owner of the apartment complex, at the May 21, 1979 City Council meeting to show cause why the Rental Dwelling License for that apartment complex should not be revoked. Mr. Rozman appeared before the City Council that evening and made various claims and charges regarding the enforcement of the Housing Maintenance Ordinance as well as various claims of incompetence on the part of the Building Inspector. I do not feel that that charge needs to be responded to other than to indicate '.that the Buildin Inspector is certified b the State of Minnesota 9 P Y and is an extremely competent Inspector. One matter that does need further clarification has to do with a charge made by Mr. Rozman that following an inspection to certify the occupancy for fire damaged units in 3425 - 53rd Ave. North, that his maintenance man was almost electrocuted when attempting to replace the face plate on an electrical service box. He claimed that the Building Inspector failed to make a proper inspection, thus causing a hazardous condition that threatened the safety of his maintenance man It should be noted that no permit to do electrical work was ever applied for through the City of Brooklyn Center prior to the commencement of electrical work in the affected units at 3425 Ave. 53rd North Mr. Rozman had contracted with 3 Action Electric who had failed to take out the proper electrical permits. No inspection was made regarding this electrical work because no permit was ever obtained and, therefore, no subsequent requests for inspection was ever made to our office. The Building Inspector, at the time he was making the inspection for certifying the occupancy of the units, had no knowledge of electrical work being undertaken and only made inspections with respect to the building repairs - - made 4n conjunction with the remodeling. The electrical inspector has since - - met with Roy Erb, of Action Electric, and Mr. Rozman and the necessary electrical permits and related inspections have been made. At your request, I have attached a list of all Compliance Orders sent to Mr. Rozman over the past few years relating to Housing Maintenance Ordinance violations and Fire Code violations. The first Compliance Order goes back to November 5 of 1976 and various other Compliance Orders have been issued as indicated in the attachment. When reviewing Housing Maintenance Ordinance violations and various Fire Code violations, more importance is placed on matters that are considered to be of a life- safety nature. We tend to place priority on seeing that these matters are addressed and seek compliance with respect to these violations. Life- safety matters include such things as:inoperable entry and exit lights; missing fire extinguishers; faulty or defective fire doors and door closers as well as fire doors being propped open; missing or unidentifiable building addresses; and damaged or broken electrical outlets and service boxes. Loose handrails and torn or frayed carpeting, depending upon the extent of the 'damage, can also be considered to be life - safety types of concerns. Memo to Gerald Splinter Page 2 You have also 'requested information relating to various meetings and discussions with Mr. Rozman regarding the addressing of various housing maintenance and fire related code violations. On February 28, 1978 you met with Mr. Rozman and presented him with a list of violations based on a priority system and discussed the matter of dealing with these concerns. Priority No. 1 items were life - safety violations; Priority No. `2 items were general Housing Maintenance violations; and Priority No. 3,items were exterior building and yard work which needed ad- dressing. It was agreed upon at that time that the Priority 1 and 2 items would be corrected by April 1, 1978 and that the Priority 3 items would be corrected by June 1, 1978 and if these matters were corrected, a recommendation to renew the Rental Dwelling License for the apartment complex would, be made. Not all of these matters were addressed in a satisfactory manner and many of the Priority - 1, 2 and 3 items were left unfinished by June of 1978. Mr. Rozman then appeared before the City Council regarding the Rental Dwelling License and i`nd.icated that he needed additional t' agreed, at time to address these matters. The City Council agre , that time, to extend the Rental Dwelling License for the Brookdale Ten Apartment Complex through August of 1978 to give Mr. Rozman the opportunity to correct the deficiencies. The Building Inspector made some periodic reviews of the site during the summer of 1978 and made a full inspection relating to the Priority List on September 5, 1978. At that time, his report indicated that of the 147 violations noted on the Priority 1, 2 and 3 Lists, 73 were corrected. Such items as damaged electrical wall outlets, missing building address numbers, faulty or inoperable exterior building address identification lights, broken fire exit lights, fire doors that did not close and latch properly were not corrected. Inspections were made periodically through September and October of 1978 for compliance with the Priority List submitted. On October 26, 1978, the Building Inspector reported that of the 56 remaining violations, 24 were corrected. Mr. Rozman and his maintenance man, John Healy, appeared before the City Council on October 30, 1978 and repaired and presented a planned schedule of maintenance improvements to be completed during the fall of 1978, the winter of 1979, the spring of 1979 and the summer of 1979. The schedule was acceptable to the City Council who, at that time, granted another temporary extension of the' Rental' Dwelling License through August of 1979. Since that time, the Building Inspector has made inspections of the Brookdale Ten Apartment complex with respect to the p p p -- submi- tted -- schedule -of maintenance improvements on a quarterly- basis -to indicate the progress being made by Brookdale Ten. On December 27, 1978, a fire, caused by a faulty boiler flue, occurred in Building 3421 -25 - 53rd Avenue North. Police officers that responded to the fire call had to run through that building to close fire doors that were illegally propped open, or were inoperable. The Fire Chief, following the fire, ordered this combined building vacated and would not allow occupancy until the boiler flue was properly repaired, the chimney tested for leaks and all Housing Maintenance and Fire Code life- safety violations corrected in the building. The owner was informed of this requirementand on December 29, 1978, following the Building Inspector's and Fire Inspector's review for code compliance, the building was allowed to be reoccupied except for units directly affected by the fire. Prior to permitting occupancy of the fire damaged units that were later repaired, the Building and the Fire Inspector made another inspection of the building for Housing Maintenance and Fire Code life - safety violations. They again informed the owner that the units could not be occupied until a number of additional violations in Building 3425 - 53rd Ave. North were corrected. These Page 3 matters were corrected by the owner in 24 hours after the notice and the Occupancy Permits were issued. The Building Inspector and the Fire Inspector have continued with quarterly inspections of the Brookdale Ten Apartment complex as a means of checking the improvements r progress being made on the schedule of maintenance im o p P rovided by Mr. Rozman. The City Council requested various reports on the status of improve ments and one such report was made to the City Council on April 30, 1979. Based on the results of that report, the Council requested Mr. Rozman's appear- ance at a Council meeting on May 21, 1979. An inspection by the Building Inspector and the Fire Inspector was also made of the Brookdale Ten Apartment Complex on May 21 19 p .79 and the report ort indicates that all of the buildings in p Y � .the apartment complex, with the exception of the building at 3425 - 53rd .North, have all or some of the following Fire Code and /or Housing Maintenance Ordinance violations considered to be of a life- safety nature: 1. Missing building address numbers or numbers that do not have contrasting color to the building so as to make the building readily identifiable in the day or evening hours. 2. Broken or inoperable fire door closers and fire doors that are damaged or being illegally or propped open. 3. Broken, inoperable or improper exit lights. 4. Refrigerators stored in an unsafe manner in laundry rooms contrary to Minnesota Statutes No. 7 ( 0 5. Unsafe stair_ handrails and loose carpeting in stairway. In addition, the May 21, 1979 inspection indicates, with respect to the City Council b s which was resented to the y Y schedule of maintenance improvements p P the owner on October 30, 1978 and was agreed upon as a means of addressing problems related to the complex, that only 3 of the 7 items to be completed during the fall of 1978 have been accomplished; that one of the 11 items to be completed during the winter of 1979 have been accomplished and that no visible _work_ha_s__ et_begun__on _the spring 1979 schedule. It is felt that the record indicates that the owner of the Brookdale Ten Apart- ment complex has shown that he is either unable,or unwilling, to address and/ or correct code violations considered to be of a life-safety nature and that he is unwilling, or unable, to operate or maintain the apartment complex in a manner` consistent with the provision of the City's housing Maintenance Ordinance, the Fire Protection Code -.and the laws of the State of Minnesota. Also, the owner of the Brookdale Ten complex has not shown that a reasonable attempt is being made to address the maintenance schedule he provided to the City Council on October 30, 1978. Therefore, it is recommended that just cause exists to revoke the Rental Dwelling License for the Brookdale Ten Apartment complex in accordance with Section 12 -910 of the City Ordinances. MEMORANDUM TO: Ron Warren FROM: Andy Alberti DATE: June 8,_ 1979 SUBJECT: Brookdale Ten Apartments Our records indicate that from 11 -5 -76 to 1- 29 -79, thirteen (13) Compliance Orders were issued to the owner of the above apartment complex by this department .and forty one (41) by the Fire Department. 11 -5 -76 - Letter from Health Department - 3417 53rd Ave. N Exit signs,' - fire extinguishers, insects, water damaged apartments. 1 -31 -77 - Compliance Order 3417 53rd Ave. N. - Exit light, fire extinguishers, handrails, fire doors. 2 -1 -77 Compliance Order -3417 53rd Ave. N. - Exit light, fire extinguishers, handrails, fire doors. 3 -21 -77 - Compliance Order 3429 53rd Ave N. Exit lights, handrail, fire doors, broken window. 4 -8 -77 - Compliance Order - 3429 53rd Ave. N. - Exit lights, handrail, fire doors, broken window. 5 -9 -77 Compliance Order - Entire Complex - Fences, green area, retaining wall. 6 -1 -77 - Compliance Order Door closers, stairway carpet, fire extinguishers, fire doors, addressing, fencing. (entire complex) 9 -9 -77 - Same as on 6 -1 -77 (revised). 11 -2 -77 - Same as 6 -1 -77, 9 -6 -77; (revised) 2 -16 -78 - Handrail, exterior siding, entry lights, carpet, addressing. (entire complex) 2 -28 -78 - Handrail, exterior siding, entry lights, carpet, addressing, exit lights. electrical outlets: (entire complex)' 9 -11 -78 - Handrail, siding, entry light, carpet, addressing, exit light, electrical outlet, door closers. (entire complex) 1 -29 -79 - Boiler flue, fire stop ceiling, hot water tank flue. (entire complex) Ljsted below are Compliance Orders issued to the owner by the Fire Marshall 6 -7 -77 - #0175 - 3425 - 53rd Ave. N. - Repair exit lights and fire doors; repair stairway carpet. 6 -7 -77 - #0174 - 3421 - 53rd Ave. N. - Repair fire doors, carpet and dryer vents. 6 -7 -77 - #0176 - 3429 53rd Ave. N. - Repair fire doors, repair fire stop wall in laundry, repair dryer vent, and repair address. Page 2 6 -7 -77 - #0182 - 3433 - 53rd Ave. N. - Repair fire doors, repair fire stop ceiling in luandry room, repair carpet, and dryer vent. 6 -7 -77 - #0168 - 3315 - 53rd Ave. N. - Repair sidewalk, repair address, repair fire doors, repair fire stop walls, repair handrail, repair exit ` light, repair carpet. #0167 3311 - 53rd Ave. N. - Repair fire doors, carpet and dryer vent. 6 -7 -77 #0170 3311 - 53rd Ave. N. Install door closer, metal trash con- tainers and fire extinguishers. 6 -7 -77 - #0172 3305 53rd Ave. N. - Repair fire doors, door closers and latches. 6 -7 -77 #0177 - 3305 - 53rd Ave. N. - Fire doors blocked open; repair exit light. 6 -7 -77 #0178 3307 53rd Ave. N. - Repair exit doors and exit lights. 6 -7 -77 - #0i73 - 3403 53rd Ave. N. - Repair fire door, door closers, exit light handrails, fire stop holes in ceiling. 6 -7 -77 #0179 - 3403 53rd Ave. N. - Exit lights, fire doors, door closers. 6 -7 -77 - #0171 - 3409 - 53rd Ave. N. - Exit lights, fire doors, 'door closers, fire extinguisher cabinet glass. 6 -7 -77 #0180 - 3409 - 53rd Ave. N. - Exit lights, fire doors and closers. : _6 -7 -77 #0169 - 3413 - 53rd Ave. N. - Handrail, fire doors and closers, electrical wall outlet, exit light. 6 -7 -77 - #0200 - 3413 - 53rd Ave. N. - Stairway carpet, fire doors. 6 -7 -77 - #0201 - 3413 53rd Ave. N. - Fire doors, fire extinguisher cabinet glass. 6 -7 -77 #0198 - 3307 53rd Ave. N. - Handrails, fire door closers, hole in fire stop wall. 6-7-77 - #0181 3417 53rd Ave. N. - Fire doors, exit lights. -1- 26 -78- #0458' - 3409 - 53rd Ave. N. - Fire doors, fire stop hole in wall, - stairway carpet. 1 -26 -78 #0454 - 3403 - 53rd Ave. N. - doors, exit light, handrail, stairway carpet, 1- 26 -78- #0455- 3315- 53rd Ave. N. - Fire door closer, electric outlet, address. 1- 26 -78- #0456 - Entire Complex - Replace fire extinguisher, provide metal trash cans. 1 -26 -78 #0457 - 3305 53rd Ave. N. - Fire doors, exit lights, electrical outlet. " Page 3 1 -26 -78 - #0458 - 3307 53rd Ave. N. - Fire doors, exit lights, door closers, fire stop wall 1 -26 -78 - #0459 3311,- 53rd Ave. N. - Fire stop wall. 1 -26 -78 - #0460 - 3413 - 53rd Ave. N. - Fire doors, exit lights, fire stop wall, door closers, carpet 1 -26 -78 - #0461 3433 53rd Ave. N. - Fire doors,, door closers, carpet. 1 -26 -78 - #0462 3417 - 53rd Ave. N. - Exit light, door closers, carpet. 1 -26 -78 - #0463 - 3403 53rd Ave. N. - Fire doors, exit light, fire stop walls .and.,doors .- 1 -26 -78 #0463 - 3409 - 53rd Ave. N. - Fire doors, exit light, fire stop ceiling and walls 1 -26 -78 #0465 - 3305 53rd Ave. N. - Fire door, exit light. 1 -26 -78 - #0466 3307 - 53rd Ave. N. - Fire door, exit light, fire stop wall, handrails. 1- 26 -78- #0467 3403 - 53rd Ave. N. Fire door, exit light, electral wall outlet. 1- 26 -78- #0468 - 3305 - 53rd Ave. N. - Fire door, exit light. 1- 26 -78- #0469 - 3311 53rd Ave. N. - Fire door, electrical wall outlet. 1 -26 -78 #0470 3425 53rd Ave. N. - Fire door, fire extinguisher, carpet. 1- 26 -78- #0471 3429 53rd Ave. N. - Fire door, exit lights, door closers, carpet. 1- 26 -78- #0472 - 3421 - 53rd Ave. N. - Door closers, exit light, fire extinguisher. 9 9 12 -28 -78 - #0881 - 3421 -25 53rd Ave. N. - Handrail,.fire doors, carpet, door 12 -28 -78 - #0882 - 3421 -25 - 53rd Ave. N. - Fire door thresholds, door closers,' carpet, chimney, no occupancy due to fire damage. REt?JEST FOR-FORMAL COMPLAINT TO: City Attorney c_ 7 - Y 0L4-+U 14-s FROM: Andrew J. Alberti, Building Inspector _N FU ,e M 14Tiv nJ DATE: April 24, 1979 Violation: Damaged concrete steps. - 12 -406 Inadequate building address. - 3 -104 Maintenance of parking areas. - 12 -316 Broken and loose handrails. - 12 -406 Holes in plaster walls. - 12 -704 Missing screens. 12 -703 Unpainted and deteriorated windows - 12 -703 Inoperative corridor light fixtures. 12 -504 Inoperative exit lights. - Sec. 5 -201 (F.P.C. Art. 11) Broken and missing door closers. Sec. 5 -201 (F.P.C. Art. 11) Improper storage of refrigerators. Minn. Statute #609.675 Fire doors not latching. - Sec. 5 -201 (F.P.C. Art. 11) Open space under fire doors. - Sec. 5 -201 (F.P.C. Art. 11) Use of improper rubbish containers in laundry rooms. 12 -304 and 305 Broken and missing rubbish container screening devices. - 12 -304 and 305 Broken and missing exterior siding. - 12 -702 Broken and missing fences. - 12 -706 Bare and weedy green areas. - 12 -711 OWNER (S): Mr. Benny Rozman 400 Dakota Avenue South Mpls., MN 55416 Mr. Robert Shapiro 9801 Oak Ridge Trail Mpls., MN Fir. Harold Siegel (Holder of Contract for Deed) 1009 Nicollet Ave. Mpls., MN Summary of events applying to property located at: 3305- 07 -11 -15 - 53rd Avenue North, Brooklyn Center, Minnesota 3403- 09- 13- 17- 21- 25 -29 -33 - 53rd Avenue North, Brooklyn Center, Minnesota •11 -5 -76 Bldg. #3417 Public Health Sanitarian sent owner a letter listing health and safety violations. The violations indicated insect infestation, water damaged ceilings, missing fire extinguishers, missing and defective exit lights, etc. Compliance date set for 11- 14 -76. 1 -28 -77 - Bldg. #3417 Reins p ection of violations noted in sanitarian's 11 -5 -76 letter. No compliance. See Inspection Request #52433. 1 -31 -77 - Bldg. #3417 Second notice of Compliance Order sent to owner with violation noted from 11 -5 -76 inspection and also indicating new violations noted on this date's inspection. 2 -1 -77 Bldg. # 3417 Owners caretaker called for extension of time to complete work order of 1- 31 -77. Compliance date extended to 3 -1 -77. '2 -1 -77 - Bldg. #3417 Third Notice of Compliance Order sent to owner with violations noted from 11 -5 -76 and 1 -28 -77 inspections. Compliance Order set for 3 -1 -77. 3-9 -77 - Bldg. #3417 Reinspected Compliance Order dated 2 -1 -77. Missing fire extinguishers not replaced, missing and broken exit lights, loose handrails and severely torn carpet on stairs not corrected. Caretaker again requested extension of time due to the problem of procuring fire extinguishers. Time extended to 4 -1 -77. See Inspection Request #52766. 3 =21 -77 Bld #34 29 Rental�sistance Inspection requested by N.U.D. at Apt. #101. In the process of this inspection, several life safety and Housing Code violations were noted. Compliance date set for 4 -1 -77. 4 -4 -77 Bldg. #3429 Reinspected Compliance Order dated 3- 21 -77. Missing fire extinguishers, _ loose hand rail and broken exit light not replaced and repaired. In the process of this reinspection, new violations were noted. See Inspection Report #52968. 4 -8 -77 - Bldg. #3429 Second notice of 3 -21 -77 compliance order sent to owner. Also indicating additional new violations. Compliance date set for 4- 13 -77. 5 -9 -77 Bldg. #3305 and 3433 Compliance Order to repair broken fence sent to owner through complaint received from neighbor regarding.vehicle traffic through broken fence. Reinspections dated 6 -14 -77 and 7 -1 -77 indicated no compliance. City provided buried posts to prohibit vehicle through fare. Fence has not yet been repaired. See Complaint #C383. 5 -24 -77 - City requested an inspection of the entire apartment complex common areas. See Inspection Report #53438. 6 -1 -77 - Work Order hand delivered to Manager indicating housing code and life safety violations noted on 5 -24 -77 inspection which included missing fire extinguishers, missing and broken exit lights and fire door closers, fire doors propped open with pieces of 2 x 4 nailed into stair landing and loose * handrails. Compliance date set for 9 -5 -77. -'6.23 -77 Bldg. #3417 Reinspected Compliance Order dated 2 -1 -77. Broken exit light, loose handrail and torn stairway carpet, broken and missing door closers have not been corrected. See Inspection Report #53719. 6 -23 -77 — Reinspected Compliance Order dated 6 -1 -77 and 5 -9 -77 for life - safety and Housing Code violations. Very few corrections have been made. See Inspect- ion Report #53719. 7 -1 -77 - Bldg. # 3305 & 3433 Reinspected Compliance Orders dated 5 -9 -77 and 6 -1 -77 regarding broken fences. No compliance. Took pictures. See 'Inspection Report #54110. � 9 -9 -77 Reinspected Compliance Order dated 6 -1 -77. Owner has not complied with Order. Very few violations corrected. See Inspection Report #54751. 9 -9 -77 Updated 6 -1 -77 Compliance Order issued to owner. Compliance date set for 10 -21 -77 - Reinspected Compliance Order dated 9 -9 -79 with Will Dahn, Bennie Rozman and John Healy. Minor corrections made. Life - safety violations including missing fire extinguisher, missing broken fire door closers and exit lights, ' loose handrails and torn star carpet still exist. See Inspection Report #55042. t J0 -21 -77 - Director of Planning and Inspection Department sent owner a letter confirming a phone conversation they had regarding pending Compliance Orders. 10 -24 -77 Memo for file highlighting results of 10- 21 -77. i1 -2 -77 Updated Compliance Order issued to owner. Compliance date set for 1- 18 -78. 12 -5 -77 - Bldg. #343 -29 -21 Reinspected compliance Orders dated 5 -9.77, 6 -1 -77, 9 -9 -77 for fence repairs. No compliance. Took pictures of violations. See Inspection Report #55352. - 12 -30 -77 - Photographed violations. See Inspection Report #55647. 1 -18.78 Photographed violations. See Inspection Report #55710. 1 -18 -78 - Reinspected Compliance Order dated 11 -2 -77. Missing fire extinguishers, broken and missing door closers, broken exit lights, loose handrails. Have not been corrected. Photographs taken of violations. See Inspection Report _ * *. #55711.. 2 -16 -78 - Reinspection of 2 -11 -77 Compliance Order. Noted Bldgs. #3315, 3311, 3307, 3429, and 3433 have incomplete building address. One (1) number missing from each address. All buildings have broken and inoperable building •. address identification lights. Emergency vehicles could have trouble locating buildings at night. See Inspection Report #56206. 2 -16 -79 - Issued Compliance Order to owner listing life- safety violations. Compliance date set for 3 -3 -78. t,2=28 -78 - A meeting Was held at City Hall. Present was the City Manager, Director of Planning and Inspection,,Mr. Rozman and Andy Alberti. Mr. Rozman was handed a list of violations prepared by the Inspection Department as to the priority of their importance. (See attached list). Life - safety violations was listed as Priority #1, General Housing Maintenance listed as Priority #2 and Ex- terior Building and Yard Work as Priority #3. Priority #1 and 2 violations were to be corrected by 4.1 -78 and Priority #3 items corrected by 6 -1 -78. The owner ,promised to have Priority #1 violations corrected by 3- 23 -78. 3 -3 -78 City Manager sent Mr. Rozman a letter confirming events and conversation of 'A 2 -28 -78 meeting. — -- -- -- -- - - - -- - - 3 -28 -78 - Inspected priority #1 violations -with Fire Marshall Linus Manderf_eld.___ Twenty Four (24) of the eighty seven (87) violations were not corrected and are listed below. Bldg. #3305 1. Northwest exterior building address identification light inoperable. 2. Loose electric wall outlet near Apt. #107. Bldg. #33 - 1. Lower level exit light inoperable. 2. Northeast exterior building address identification light inoperable Bldg. #3311 [. North entry address has (1) number missing. e. 2. Broken electric wall outlet plate near Apr. #204. B ldg #3315 - — .Southwest Southwest entry address has (2) numbers missing. Bldg #3403 - 1. Northeast exterior building address identification light inoperable. 2. Broken electric wall outlet near Apt. #108 3. Fire Doors do not close and latch properly. 4. Broken exit lights near Apt. #204 -206 -208. -2- B ldg. _ #3340 1 Southwest exterior building address identification light inoperable. Bldg # 3413' J. Nor` ^ ^* ^'�terior building address identification light inoperable. Bldg. #3 4 Ex - -'( Exterior building address identification light inoperable, Bldg. #3421 . Southwest exterior building address identification light inoperable. rf Bldg. #3425 . Lower level north corridor has missing fire extinguisher. Bldg. 3429 _. Northwest entry address has (1) number missing. 2. Northwest entry exterior building address identification light inoperable. — - - - Blued 343_3 1. Northeast entry address has (2) numbers missing. See Inspection Report #56427. 9 -5 -78 Reinspected Priority #1, 2, and 3 violations. Of a total of one hundred forty seven (147) violations only seventy three (73) were corrected. Damaged electrical wall outlets, missing building address numbers; exterior building address identification lights, broken exit lights, fire doors not closing and latching properly. lee Inspection Report Nor 58062. Bldg. #3305 1. Northwest exterior building address, identification Tight inoperable. 2. Loose electric wall outlet near Apt. #107 Bldg. 3307 1. Lower level exit light inoperable. 2. Northeast exterior building address identification light inoperable. Bldg # 3311 - -1. Broken electric wall outlet plate near Apt. #204. Bldg. #3315 1. Southwest entry address has (2) numbers missing. Bldg. #3403 . Northeast exterior building address identification light inoperable. 2. Broken electric wall outlet near Apt. #108. 3. Fire doors do not close and latch properly: 4. Broken exit lights near Apt #204 - 206 -208. Bldg. #3409 1. Southwest exterior building address identification light inoperable. Bldg. #3413 . Northwest exterior building address identification light inoperable. Bldg. #3417 1. Exterior building address identification light inoperable. Bldg. #3 #3 1. Southwest exterior building address identification light inoperable. Bldg. 1. Northwest entry address has (1) number missing. 2. Northwest entry exterior building address identification light inoperable. In addition to the above violations, numerous new life- safety and fire related violations were noted. v 11-11-78 - Reinspected Priority #1, 2 and 3 violations with Mr. Rozman, John Healy, Planning Director Ron warren and myself. See Inspection Report #60562. 9- 11.78 Issued Compliance Order for new violations noted on 9 -5 -78 inspection Com- pliance date set for 19- 18 -78. 9-21-78 Reinspected priority #1, 2 and 3 violations. No compliance. See Inspection Report #57979. 9 -22 -78 # andeToso City Manager indicating violations outstanding on Priority -3 ,1 -18 -78 - Reinspected violations noted on 9 -22 -78 memo to City Manager indicating }' outstanding violations on Priority #1, 2 and 3 list . Of a total of 54 violations, six were corrected and nine new violations noted. Report #60560. 10 -23 -78 - kelnsNecLed violations noted on 9 =22 -78 memo to City Manager indicating outstanding violations on Priority #1, 2 and 3 list with John Healy: Of a total of 54 violations, 24 were corrected and 5 new violations noted. See Inspection Report #60561. 10 -26 -78 - Reinspected violations noted on 9 -22 -78 memo to City Manager. Of 56 viol- ations 24 were corrected. No Complaince. See Inspection Report #58834. 10 -27 -78 - Prepared memo to City Manager indicating violations still outstanding on Priority #1, 2 and 3 list. 1- 10 -30 -78 - Mr. Roffman and John Healy were invited to attend the Council meeting to discuss renewal of his Rental License. A work schedule prepared by John Healy was presented to the Council and given to Planning Director Ron — -- -- — - Warren. See 10 -30 -78 Council minutes. 12 -7 -78 - Issued warning to manager for inadequate snow removal. See inspection Report #58993. 11`2 -26 -78 Bldg. #3307 Damaged concrete steps noted on priority list dated 2- 28 -78, 9 -5 -78, 9- 22 -78, 10 -27 -78 and owners 10.30 -78 priority work schedule has not been corrected. Bldg 3315 T. Same as above. Faded or missing building addressing noted on Priority List dated 2- 28 -78, 9 -5 -78, 9- 22 -78, 10 -27 -78 and owners 10 -30 -78 Priority Work Schedule has not been corrected. Low area of southwest parking lot noted on Priority List dated 2- 28 -78, 9.5 -78, 9- 22 -78, 10 -27 -78 and owners 10 -30 -78 Priority Work Schedule has not been corrected. See Inspection Report #59504. ✓l2 -27 -78 - Bldg. #3 -2 5 Fire due to a faulty boiler flue, fire and housing code violations prompted the City Fire Chief to close down temporarily, these combined buildings until boiler flue was properly repaired, chimney tested for leaks and all housing and fire code violations corrected. Fire Chief ordered Inspection Department to post buildings as "unsafe for human habitation. See Inspection Report #59576. 2 -28 78 -,B 3421 -25 Fire Department issued Compliance Orders #0881 -0882 and 0883. Immediate Compliance was ordered. See Inspection No, 59535. - "'12 -29 -78 - Bl #3421 -25 dire Department and Building Inspection Department conducted inspection on compliance order #0881 -0882 and 0883. All violations corrected except for -- --- -- -- - - -- -- -- missing handrail. Fire Chief extended compliance to 1 -3 -79. See Inspection Report #59640: 1- 1 ' 7 -79 Bld s. #3305 -07 -11 - 3409- 13 -15 -17 ire Department and Buy ing nspection Department conducted an inspection of all boiler flues, boiler rooms and common areas. See Housing Report #822 and.Inspection Report #59706. VI-29-79 Compliance Order issued to owner for Fire Code Violations. Compliance date set for 2- 12 -79. -8 -79 Bldg. #3403 & 3415 Received complaint from Police Department regarding missing address numbers on above buildings. t`3 -6 -79 - Requested Police Department to issue a citation to owner for failing to correct building addressing as noted on Priority List dated 2- 28 -78, 9 -5 -78, 9- 22 -78, 10 -27 -78 and owners 10 -30 -78 Priority Work Schedule. -4- n 3 -22 -79 Fire Department and Building Inspection Department conducted an inspect- ` ion on Priority List dated 2- 28 -78, 9 -5 -78, 9- 22 -78, 10 -27 -78 and - - --- - - • 7 Priority Work Schedule dated 10- 30 -78, Items No. 1, 2, 3, and 4 on Owners Priority Work Schedule for the fall of 1978 have not been corrected. Items No. 1 through 11 on Owners Work Schedule have not been corrected. See Housing Inspection Report Nos. 10078 through 10089. See Inspection Report No. 60472. 3 -23 -79 Fire Department Compliance Orders t 3 -28 -79 Memo to Fire Marshall from Fire Inspector indicating life- safety and fire code violations. 4 -16 -79 Memo to Fire Marshall from Fire Inspector indicating no compliance of r work orders issued 3- 23 -79. 4 -18 -79 Fire Inspector requested Police Department to issue a citation for non- compliance of work orders dated 3- 23 -79. 4 -20 -79 Reinspected all buildings as requested by City Attorney for compliance of work orders. See Inspection Report #60687 with list attached regarding Fire and Housing Code violations and Owners Priority; Work Schedule. 4 -23 -79 Memo from Fire Inspector regarding no compliance for Fire Code violations, * 6 -7 -77 Compliance Order sent to owner by Fire Department noting Fire Code violations. See Fire Department Reports #0167 through 0182 - 0198 through 0201. ** 1 -26 -78 Compliance Order sent to owner by Fire Department noting Fire Code violations. See Fire Department Reports #0453 through 0472. �5_