HomeMy WebLinkAbout1976 08-23 CCP Regular Session COUNCIL AGENDA
City of Brooklyn Center
August 23, 1976
7:30 p.m.
1 . Call to Order
2. Roll Call
3. Invocation
4. - Approval of Minutes August 9, 1976
5. Approve List of Election Judges
6. Approve Final Plats
7. Resolutions:
a . Accepting Work for Sidewalk Improvement :Project No. 1974 -25
b. Accepting Work for Sidewalk Improvement Project No. 1974 -28
c. Accepting Work for Street Project No. 1976 -1
d. Accepting Work for Street Project No. 1876 -2
e. Accepting Work for Street Project No. 1976 -3
f. Increasing Appropriation for Sidewalk Projects
` g. Providing for Public Hearing on Proposed Assessments
h . Placing on File and Opening Proposed Assessments for Public Inspection
i. Ordering Construction of Deep Well Improvement Project No. 1976 --4
j . Awarding Bid for Deep Well No. 8
k . Authorizing Payment of Delinquent Taxes
1. Approving CEAP Agreement
8. Planning Commission Items (8:00 p.m.):
a. Application No. 76045 submitted by David Brandvold *- 9. Ordinances
"
a. Amending Chapter 35 of the City Ordinances
b . Amending Chapter 9 Regarding Electric Franchise
c . Conveying Land
10 Discussion Items:
a. Park Policy Plan
11. Licenses
12. Adjournment
CITY MANAGER'S COMMENTS
Item 5 Approve List of Election Judges
The City Clerk recommends approval of the attached list of election
judges for 1976.
Disposition
Item 6 Approve Final Plats
On July 26, 1976 the City Council approved Planning Commission
Application No. 76043 consisting of a preliminary R.L.S. submitted
by the Dayton Development Corporation for parcels of property be
tween Highway #100 and County Road #10 on the east end of the
Shopping Center. It is recommended that the City Council grant
final approval to the R.L.S.
It is also recommended that final plat approval be granted for Faith
Community Addition located south of 67th between Bryant and Colfax
Avenues North. b
Disposition
Item 7a Accepting Work for Sidewalk Improvement Project No. 1974 -
The attached resolution is recommended for the purpose of accepting
sidewalk installation along the south side of 57th Avenue North from
Dupont to Camden Avenues North.
Disposition
Item 7b Accepting Work for Sidewalk Improvement_ Project No. 1974 -28
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The attached resolution is recommended for the purpose of accepting
sidewalk installation along - the south side of 72nd Avenue North from
f
France Avenue North to West Palmer Lake Drive.
Disposition
f
M'
CITY MANAGER'S COMMENTS
Page 2
Item 7c Accepting Work for Street Project No. 1976 -1
The attached resolution is recommended for the purpose of accepting
the street project in Woodbine Lane from Approximately 500 feet
east of Bryant Avenue North to Camden Avenue North.
Disposition
Item 7d Accepting Work for Street Project No. 1976 -2
The attached resolution is recommended for the purpose of accepting
work for street surfacing on 72nd Avenue North from Aldrich Court
to Camden Avenue.
Disposition
Item 7e Accepting Work for Street Project No. 1976 -3
` The attached resolution is recommended for the purpose of accepting
work for street surfacing the west one -half of Camden Avenue North
from 57th Avenue North to 240 feet north of 57th Avenue North.
I
Disposition
Item 7f Increasing Appropriation for Sidewalk Project
The attached resolution is recommended for the purpose of increasing
the appropriation of funds for Sidewalk Improvement Projects No.
1974 -25 and No. 1974 -28. It is intended that the funds be appro-
priated from the State Aid Construction account.
Disposition
Item 7g Providing for Public Hearing on Proposed Assessments
The attached resolution is recommended for the purpose of establish -
ing a public hearing on proposed assessments for September 20, 1976.
Disposition
CITY MANAGER'S COMMENTS
Page 3
Item 7h Placing on File and Opening Proposed Assessments for Public Inspection
The attached resolution is recommended for -the purpose of officially
opening the proposed assessments for public inspection.
Disposition
Item 7i Ordering Construction of Deep Well Improvement Project No. 1976 -4
The attached resolution is recommended for the purpose of ordering
construction of Deep Well No. 8 - and appropriating the necessary
funds therefor.
Disposition
Item 7j Awarding Bid for Deep Well No. 8
Bids will be opened at 11:00 a.m. on August 23, 1976 for the
construction of Deep Well No. 8. A resolution will be presented
Monday evening recommending award of a construction contract.
Disposition
Item 7k Authorizing Payment of Delinquent Taxes r
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The attached resolution is recommendednfor the purpose of redeeming
tax delinquent property upon which the municipal service garage is
located. As with the case of Fire House Park for which the City
Council redeemed a tax delinquency earlier this year, the delinquency'
results from a dispute with the Hennepin County Assessor's Office
during the open space land acquisitions in the late 1960's. Failure
to redeem the tax delinquency will not affect the property so long as
it continues to be used for public purpose such as the municipal
service garage, but a salable fee title to the underlying property will
be lost to - the City if the delinquency is not redeemed.
Disposition
CITY MANAGER'S COMMENTS y
Page 4
Item 71 Approving CEAP Agreement
The attached resolution is recommended for the purpose of authorizing
the Mayor and City Manager to execute an agreement with CEAP
wherein CEAP will be permitted occupancy of old City Hall in return
for performing certain basic social services on behalf of residents
of Brooklyn Center and Brooklyn Park.
Disposition
Item 9a Amending Chapter 35 of the City Ordinances
The attached ordinance was first read on July 26, 1976, published
on August 12, 1976 and is offered this evening for second reading
and adoption.
Disposition
Item 9b Amending Chapter 9 Regarding Electric Franchise
The attached ordinance renewing the Northern States Power Company
electric franchise, which expired in September, 1974, has been
tentatively reviewed by NSP representatives and is recommended for
first reading. Chapter 10 of the City Charter requires utilities to
obtain such franchises and provides that renewals thereof be con-
sidered in the same manner as a new franchise. The Charter provides
that the franchise shall be granted through ordinance and that a public
hearing must be held prior to final adoption of the franchise. It is
proposed that such public hearing be held at the November 22, 1976
City Council meeting concurrent with the proposed second reading
of the ordinance
Disposition
Item 9c Conveying Land
The attached ordinance is recommended for the purpose of conveying
to Vern Linder land located north of 72nd Avenue between Bryant and
Camden Avenues North for the purpose of completing the residential
master development plan. This matter, which has been earlier
discussed with the City Council, involves the recovery of the principal
value of special assessments attributable to tax delinquent properties
earlier redeemed by Linder.
Disposition
CITY MANAGER'S COMMENTS
Page 5
Item 10a Park Policy Plan
The Park Policy Plan is before the City Council for its consideration.
Disposition
1976 ELECTION JUDGES
Precinct I
Loretta Stewig - D 5455 Colfax Avenue North 566 -1419
Marian Smith - R 5431 Oliver Avenue North 560 -8063
Dorothy Fagerhaugh - D 5454 Colfax Avenue North 561 -8712
Donna Bennett - R 2106 54th Avenue North 560 -8927
Precinct 2
Dorothy Boman D 6419 Dupont Avenue North 561 -4965
Adeline Lonn R 6342 Fremont Avenue North 561 -3877
Ethel Irving - R 6020 Emerson Avenue 'North- 561- 6479
Mary Ellen Karlsgodt - D 6001 Fremont Avenue North 561 -337$
Precinct 3
Esther Durland - D 6851 Lyndale Avenue North 561 --2487
Sharon Finucane R 7013 Morgan Avenue North 561 -1692
Evonne Chatelle R 7006 Newton Avenue North 561 -2586
Jean Schiebel D 2120 70th Avenue North 561 -6208
Precinct 4
Mary Pasco - R 7060 Perry Avenue .North 561 -8867
Alice Madir - D 7024 Quail Avenue North 561 -8263
Marilyn Heinke - R 4101 Woodbine Lane 561 -4195
Phyllis Petroski - D 4507 71st Avenue North 561 -2895
►i
Precinct 5
Geraldine Dorphy - D 4306 Winchester Lane 533 -9017
Alice VanMeerten - D 4519 Winchester Lane 537 -8151
Gladys Leerhoff- R 4301 66th Avenue North 537 -4791
Dorothy Rogers - R 5207 65th Avenue North 533 -5879
Precinct 6
Emma Gageby - D 3200 66th Avenue North 561 -4824
Barbara Jensen - R 6539 Drew Avenue North 561 -3071
Virginia Fourre D 6543 Beard Avenue North 561 -3116
I Nancy Laffey - 'R 6006 York Avenue North 561 -2450
k
Precinct 7
Mona Hintzman - D 4018 58th Avenue North 533 -9792
Barbara Forder - R 5936 Halifax Place 537 -2549
Carol Benkofske 4019 Janet Lane 533 -4513
Mary Gosz - R 5330 Boulder Lane 533 -8248
Precinct 8
Ethel Pettman - D 4919 Beard Avenue North 535- 4306
Kathy Theisen - R 5701 June Avenue North 537 -2267
' Dorothy Olson - R 3906 Burquest Lane 537 -6845
Lorraine Wyman D 3501 Admiral Lane 537 -1365
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO. ,
RESOLUTION ACCEPTING WORK
(CONTRACTED BY CITY)
WHEREAS, pursuant to a written contract signed with the'
City of Brooklyn Center, Minnesota, F.A. Kelly has satisfactorily
completed the following improvement in accordance with said contract:
Sidewalk Improvement Project No. 1974 -25
South side of 57th Avenue No. from Dupont to Camden
Avenue North.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center:
1. The work completed under said contract is hereby accepted
and approved.
2 The value of work performed exceeded the original contract
amount by $3,523.83 because of the additional cost of installing
retaining walls in areas where residents would not accept sloping.
3. It is hereby directed that final payment be made on said
contract, taking the Contractor's receipt in full. The total amount
to be paid for said contract for said improvement project shall be
$20,974.05.
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: z.
RESOLUTION NO.
RESOLUTION ACCEPTING WORK
(CONTRACTED BY CITY)
WHEREAS, pursuant to a written contract signed with the City
of Brooklyn Center, Minnesota, F. A. Kelly has satisfactorily completed .
the following improvement in accordance with said contract:
Sidewalk Improvement Project No. 1974 -28
South side of 72nd Avenue North from France Avenue
to West Palmer Lake Drive.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center:
1. The work completed under said ; contract is hereby accepted
and approved.
2. The value of work performed exceeded the original contract
amount by $2,858.41 because of an underestimation in .he bituminous
driveway, concrete driveway and the sodding quantities.
3. It is hereby irected that final payment be made on said
Y P Y
contract, taking the Contractor's receipt in full. The total amount
to be paid for said contract for said improvement project shall be
$11,598.38.
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.
R A
O ON CCEPTING WORK
(CONTRACTED BY CITY)
WHEREAS', pursuant to a written contract signed with the
City of Brooklyn Center, Minnesota, Minn -Kota Excavating, Inc.,
has satisfactorily completed the following improvement in accordance
with said contract:
Street Grading, Base & Surfacing Imprcv ement Project No. 1976 -1;
Woodbine Lane from 498 feet east of Bryant Avenue North to
Camden Avenue North.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center;
1. The work completed under said contract is hereby
accepted and approved.
2. The value of work performed exceeded the original contract
amount by $93.70 because of the following:
a. Change Order No. 1 for the removal of three trees
and a concrete slab encountered during construction,
increased the contract amount by $406.50.
b. Change Order No. 2 for the excavation and replacement
of unsuitable materials encountered during; the 'sub
grade excavation, increased contract amount by
$1,393.20.
C. General, overestimate of plan quantities decreased
original` contract amount by $1,706.00.
3. It is hereby directed that final payment be made on said
contract, taking the Contractor's receipt in full.' The total amount
f to be paid for said contract for said improvement project shall be
$15,357.80.
Date Mayor
ATTEST
Clerk
RESOLUTION NO.
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 vgted 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
(CONTRACTED BY CITY)
WHEREAS, pursuant to a written contract signed with the
City of Brooklyn Center, Minnesota, Minn -Kota Excavating, Inc.,
has satisfactorily completed the following improvement in accordance
with said contract:
Street Grading, Base & Surfacing Improvement Project No. 1976 -2'
72nd Avenue North from 100 feet east of Aldrich Court to
Camden Avenue North.
NOW, THEREFORE, BE,IT RESOLVED by the City Council of the
City of Brooklyn Center:
1. The work completed under said contract is hereby accepted
and approved.
2. The value of work performed is less than the original
contract amount by $3,583.69 because of an overestimation in the
Aggregate Base, Bituminous Surface and Topsoil plan quantities due
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to an error in the project length used for computing the estimated
quantities,
3. It is hereby directed that final payment be made on said
contract, taking the Contractor's receipt in full. The total amount
to be paid for said contract for said improvement project shall be
$10,004.91.
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 r
and moved its adoption'
RESOLUTION NO.
RESOLUTION ACCEPTING ARK
(CONTRACTED BY CITY)
WHEREAS, pursuant to a written contract signed with the
City of Brooklyn Center, Minnesota, Minn -Kota Excavating, Inc.,
has satisfactorily completed the following improvement in accordance
with said contract:
Street Grading, Base & Surfacing Improvement Project No. 1976 -3
Camden Avenue North from 57th Avenue North to 240 feet
north of 57th Avenue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center:
1. The work completed under said contract is hereby accepted
and approved.
2. The value of work performed is less `than the original
contract amount by $1,900.15 because of the following:
a. An overestimation of Bituminous Surfacing plan
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quantities decreased the contract amount by $952.35.
b. The deletion of the Clearing, Grubbing, Adjust Frame
and Ring Castings, Bituminous Driveway Surface,
Sodding and Topsoil plan quantities decreased the
contract amount by $947.80.'
Most of the deleted work was done by the property
owner.
3. It is hereby directed that final payment be made on
said contract, taking the Contractor's receipt in full. The total
amount to be paid for said contract for said improvement project
shall be $1,685.90.
Date Mayor
ATTEST:
Clerk
RESOLUTION NO.
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote being taken
thereon, the following voted in favor thereof:
and the `following voted against the same:
whereupon said resolution was declared duly passed and adopted.
I
Member introduced the following resolution
and moved its adoption:`
RESOLUTION NO.
RESOLUTION INCREASING THE APPROPRIATION OF FUNDS FOR
SIDEWALK IMPROVEMENT PROJECT NO'S. 1974-25 AND 1974 -28
WHEREAS, Resolution No. 74 -151, adopted by the Brooklyn Center
City Council on September 9, 1974, ordered construction of and approp-
riated funds from State Aid Construction Accounts "(S.A.C. Acct.) to
the following sidewalk improvement projects:
Appropriated S.A.C.
Project No. Location Amount Acct.
1974 - -25 South side of 57th Ave. No.
from Dupont to Camden Ave. No. ` $19,000.00 265
1 -28 South side of 72nd Ave. No.
from France Ave. to W. Palmer
Lake Drive $ 9,800.00 260
WHEREAS, the actual construction costs of said projects
exceeded the appropriated funds for said projects;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that the funds appropriated from state aid construction
accounts for Sidewalk Improvement Projects No. 1974 -25 and 1974 -28 be
increased to amounts as follows
Project No. S.A.C. Acct Revised Appropriation
1974 -25 265' $22,000.00
1974 -28 260 $12,300.00
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member 11 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 PROVIDING FOR PUBLIC HEARING ON
PROPOSED ASSESSMENTS ON SEPTEMBER 20, 1976
BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, to hold a public hearing on special assessments
at the City Hall, 63`01 Shingle Creek Parkway, on Monday, the 20th
day of September, 1976, at 8 :00 p.m., central daylight time, on
the following improvements;
Storm Sewer:
1975 -6
Street Surfacing
1974 -35
Grading, Base and Surfacing
1974 -16 1976 -2
1976 -1 1976 -3
Alley Improvement
1974 -20 1975 -3
1975 -1 1975 -4
1975 -2
and P. U. Water Hookups
and Water Installation
and Sewer Connections
Date Mayor
f
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 PLACING ON FILE AND OPENING PROPOSED
ASSESSMENTS 'FOR `PUBLIC INSPECTION
BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, to order placed on file in the Clerk's 'office
and opened for _public inspection the proposed assessments on the
following improvements
Storm Sewer
1975 -6
Street Surfacing
1974 -35
Grading, Base and Surfacing`
1974 -16 1976 -2
1976 -1 1976 -3
Alley Improvement
1974 -20 1975 -3
1975 -1 1975 -4
1975 -2
and P.U. Water Hookups
and Water Installation
and Sewer Connections
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 ORDERING CONSTRUCTION OF DEEP WELL IMPROVEMENT
PROJECT N0. 1974 -6 (WELL #8) AND APPROPRIATION OF FUNDS
WHEREAS, the City Council of the City of Brooklyn Center,
Minnesota established Deep Well Improvement No 1976-4 (Well #81
by Resolution No. 76 -98 adopted on July 26 1976;
NOW, THEREFORE, 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 that the
following improvement shall be constructed:
Project No. 1976 -4
Construction of a.deep well to serve the municipal
water system and to be located on the east: side of
Camden Avenue North approximately 310 feet south
of 73rd Avenue North.
The 'estimated cost is $83,000,00.
BE IT FURTHER RESOLVED that the City Treasurer be directed to
encumber the amount of $83,000.00 for construction of said project
from the Public Utilities Operations Fund.
Date May+ r
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member J, 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 adoptions
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM
(DEEP WELL IMPROVEMENT PROJECT NO. 1976 ®4, CONTRACT 1976 -B)
WHEREAS, the City Clerk and the City Engineer have reported
that on August 23, 1976, at 11.00 a.m., central daylight time, they
opened and tabulated bids received for Deep Well improvement Project
_No. 1976 -4 (Contract 1976 -B) and that said bids were as follows:
Contractor Subtotal "A" Subtotal "B Total Bid
Keys Well Drilling Co. $ 26,965 $ 32,920 $59,885
Layne Minnesota Co. 37,750 36,750 74,500
E. H. Renner & Sons, Inca 31,050. 46,310 77,360
Bergerson- Caswell, Inc. 35,000 52,800 87,800
McCarthy Well Company 32,150 56,275 88,425
WHEREAS, Subtotal " A " consists of the well construction items
required to construct a well to the Shakopee water bearing formation
while Subtotal "B" consists f o the additional items required to continue
to the Jordan water bearing formations and
WHEREAS, the specifications provide for the deletion of items
under Subtotal "B" if the quality and quantity of water encountered in
the Shakopee water bearing formation meets the requirements of the
Engineer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn n Center
y Minnesota, as follows
1. That the bid of Keys Well Drilling in the amount of $59,885.00
for the furnishing of all work, labor and material in connection with
Deep Well Improvement Project No. 1976 -4 according to the plans and
specifications therefore now on file in the office of the City Clerk
is deemed to be the lowest and best bid submitted for said work by ; a
reasonable bidder and said bid is hereby accepted.
2. To authorize the Mayor and City Manager to execute a contract
with Keys Well Drilling for said amount.
3. The City reserves the right to delete the items under
Subtotal "B" if the quality and quantity of water encountered in the
Shakopee water bearing formation meets the requirements of the Engineer
f without affecting the unit prices bid for said contract.
RESOLUTION NO.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
r
Member introduced - the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING AGREEMENT FOR COMMUNITY EMERGENCY
ASSISTANCE PROGRAM USE OF CITY -OWNED PROPERTY AT 7100
BROOKLYN BOULEVARD`
WHEREAS, the Community Emergency Assistance Program, Inc., (CEAP)
has proposed - to provide certain social services to - the residents of Brooklyn
Center and Brooklyn Park in return for the use and occupancy of City -owned
property at 7100 Brooklyn Boulevard; and
WHEREAS, the Brooklyn Park City Council has informally and tentatively
agreed - to share equally with the City of Brooklyn Center in the costs of refurbishing
the structure at 7100 Brooklyn Boulevard; and
WHEREAS, it is the determination of the Brooklyn Center City Council
that certain basic social services can best be performed by the CEAP organization:
NOW, THEREFORE, BE IT RESOLVED by the City Council of - the City of
Brooklyn Center to approve - the proposed agreement between the City of Brooklyn
Center and - the Community Emergency Assistance Program, Inc. authorizing CEAP
to use and occupy City - owned property at 7100 Brooklyn Boulevard in return for
the delivery.of certain basic social services and to authorize the Mayor and City
Manager to execute such agreement, following formal agreement between the City
of Brooklyn Center and the City of Brooklyn Park regarding building renovation
cost sharing.
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 AUTHORIZING THE PAYMENT OF DELINQUENT TAXES
WHEREAS, the City Clerk received notice on June 24, 1976 from the
Hennepin County Auditor regarding delinquent taxes on City property described
as Tract A, Registered Land Survey No. 1274, Hennepin County, and
WHEREAS, said property is - the location of the municipal service garage; and
WHEREAS, the City Council on January 26, 1976 determined - that it was in
the best interests of - the City to pay such delinquent - taxes and retain fee title to
such property rather - than claim and use the property from the tax delinquency list:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center - to authorize payment of delinquent taxes in the amount of $1,880.76
for Tract A, Registered Land Survey No. 1274, Hennepin County.
BE IT FURTHER RESOLVED by the City Council that such payment be made
from - the Open Space Land Acquisition Fund.
Date Mayor
ATTEST:
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon vote being •taken - thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
t
n
ks
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 RELATIVE TO REZONING
PROPERTY FROM R -1 TO R -2 AS COMPREHENDED BY APPLICATION
NO. 76035
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section l . Section 35 -1110 is hereby amended by the addition of the
following:
Lots 8 and 9, Block 5, Sunnybrook Terrace.
Section 2. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this day of , a1976.
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Underline indicates new matter.)
CITY OF BROOKLYN = CENTER
ORDINANCE NO.
AN ORDINANCE GRANTING FRANCHISE RIGHTS AND PERMISSION
TO NORTHERN STATES POWER COMPANY, A MINNESOTA
CORPORATION, TO CONSTRUCT, OPERATE, REPAIR, AND
MAINTAIN IN THE CITY OF BROOKLYN CENTER, MINNESOTA, AN
ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS':
Section 1: Chapter 9 of the City Ordinances is hereby amended by the
repeal of the following:
[ Section -9 -201. GRANT OF AUTHORITY.. That there be and hereby is
'granted to Northern States Power Company, a Minnesota corporation, its successors
and assigns, hereinafter referred to as "Company ", during the period of twenty (20)
years from the date hereof, the right and privilege of erecting, installing, enlarging,
operating, repairing, and maintaining, in, on, over, under, and across the streets,;
alleys, and public grounds of said Village electric transmission lines and an
electric distribution system, including all poles, pole lines, masts, wires, cables,
lamps, transformers, and other fixtures and appurtenances, usually, conveniently,
or necessarily used in connection therewith, for the purpose of transmitting and
_furnishing electric energy for light, heat, power, and other purposes for public
and private use in and to said Village and the inhabitants thereof, and others, and ;
for the purpose of transmitting into and through said Village such electric energy,
provided that such transmission lines and electric distribution system shall be so
located as in no way to interfere with the safety and convenience of ordinary
travel along' and over said streets and alleys, and provided that Company, in the
erection, installation, enlargement, operation," repair, and maintenance of such
poles, pole lines;, masts, wires, cables, lamps, transformers, and `other ' fixtures
and appurtenances, shall be subject to such reasonable regulations as may be
imposed by the Village Council.]
r Section'9 -202. EXTENSION OF SERVICE AND RATES. Company agrees
to maintain and operate efficiently its electric system in the Village during the
term hereof, to provide adequate service to its present customers and to make
reasonable extensions of its lines for the purpose of serving new customers when
" the revenue therefrom justifies the expense to Company of making the necessary
extension.]
[Because the Village limits as now constituted are within the Minneapolis
metropolitan area, Company agrees that the rates for electric service therein
shall be reasonable and shall not exceed the Company's standard schedule of
rates` and minimum charges effective in the City of Minneapolis However, in the
e vent of the imposition of local license fees, taxes on earnings or other similar
Village charges or regulations, the Company shall then have the right to revise
its electric rates to offset any resultant increase in the cost of doing business.]
ORDINANCE NO: n� ,
[ Section 9 -203. AUTHORITY TO TRIM TREES. There is also granted to
Company ,during the term hereof, permission and authority to trim all trees and
shrubs in the streets, alleys, and public grounds of said Village interfering with
the proper erection, installation, enlargement, operation, repair, and maintenance
of any poles, pole lines, masts, wires, cables, lamps, transformers, or any
other fixtures or appurtenances, installed in pursuance of_the authority hereby
granted, provided that Company shall save said Village harmless from any liability
in the r
em'
p ises.]
[ Section 9 -204. RESTRICTION UPON AUTHORITY. Nothing in this
Ordinance contained shall be construed as giving to Company any exclusive
privilege, -in, on, over, under, or across the streets, alleys, _ or public grounds
of said Village.)
Section 9 -205. ASSIGNMENT OF AUTHORITY. Company shall have
full right and authority to assign to any person, persons, firm, or corporation all
the rights conferred upon it by this Ordinances provided that the assignee of such
rights by accepting such assignment shall become subject to the terms and
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provisions of this Ordinance.)
[ Section 9 -206. _ ACCEPTANCE. Company shall, if it accepts this
Ordinance and the rights hereby granted, file a written acceptance of the franchise
rights hereby granted with the Village Clerk within ninety (90) days from the mate
of the publication of this Ordinance.]
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[ Section 9 -207. EFFECTIVE DATE. This Ordinance shall be in full force
and effect from and after its passage and publication, as provided by law.)
[ Section 9 -208. REPEALS. All ordinances and parts of ordinances in
conflict herewith are hereby repealed.)
Section 2: Chapter 9 of the City Ordinances is hereby amended by
addition of the following:
Section 9 -201.` GRANT
Subdivision 1. There shall be and hereby is granted to Northern States
Power Company, a Minnesota corporation, its successors and assigns, hereinafter
referred to as "Company ", during the period of twenty (2 01 years from the effective
f date hereof, the right and privilege of constructing according to specifically
approved permits, operating, repairing, and maintaining, in, on, over, under,
and across the streets all and p ublic ways of the City of Brook Center
— __ y p y y y ,
hereinafter referred to as "Municipality", an electric distribution system and
electric transmission lines including poles, pole lines, conduits, and fixtures
and appurtenances usually, conveniently, or necessarily used in connection
therewith for the purpose of transmitting and furnishing electric` energy for light,
heat, power, and other purp oses for public and private use in and to said
Municipality and the inhabitants thereof and others, and for the purpose of
transmittinq into and through said Municipality such 'electric energy. Such
electric distribution system and transmission lines shall be so located as in no
way to interfere with the safety and convenience of ordinary travel along and
over said streets, alleys, and public ways.
ORDINANCE "NO
Subdivision 2, Company, in the construction, repair, and maintenance
of such poles, pole lines, conduits, and fixtures and appurtenances shall be
subject to such regulation as may be imposed by the Municipality. Nothing in
this ordinance is to be construed to modify, alter, or amend_ any statutory or
charter power of the Municipality to regulate the use of its street's, alleys, and
public ways.
Section 9 -202. COMPANY RULES AND REGULATIONS.' Company may`,
from time to time, promulgate rules and regulations which are reasonably
necessary in the conduct of its business. The rules and regulations may govern
matters,_ including but not limited to, forms, contracts, extensions of service,
curtailment of service, reconnection charges, billings, security deposits, and
late payment charges, if any.
Section 9 -203. RATES. The rates to be charged by the Company for
electric service in the Municipality shall be subject to the jurisdiction of the
Minnesota Public Service Commission or to the jurisdiction of such other - agency
as may be designated by the Legislature of this State.
Section 9 -204. FRANCHISE FEE. There is hereby expressly reserved to
the City Council of the City of Brooklyn Center throughout the term hereof, the
right by resolution to impose on the Company as full compensation for the rights
hereby granted, a franchise fee not to exceed five per cent (5 %) of Company's
gross revenues as hereafter defined; provided, that the amount of the franchise
fee shall not exceed any amount which the Company may legally recover_prior,
to
_ payment to the Municipality, by imposing a surcharge equivalent to such
franchise fee in its rates for electric service to customers within the Municipality
The Company shall be given at least 60 days prior written notice of the imp2siti0n
of the franchise` fee or any subsequent amendment thereof by registered mail
addressed to its usual mailing address. Saidfranchise fee shall become effective
on revenue derived from bills based on electric meter readings taken 60 days after
the Company receives the above notice from the Municipality. Said franchise fee
shall be payable to Municipality semiannually, and paym shall be due on the
lgst day of the months of July and January for the preceding six -month period or
part thereof. The term "gross revenues" means all sums excluding said sur-
charge, received by the Company from the sale of electricity within the corporate
limits of the Municipality, provided that there shall be exclu from the
computation of gross revenues all sums received by the Company for electricity
under its rate of schedules for highway lighting, municipal street lighting,
I municipal water pumping, municipal traffic signals, municipal fire sirens and for
municipal sewage disposal service. Along with each payment the Company shall
Provide a statement showing the amount of its gross revenues for the preceding
six months as a basis for calculation of the sum of money due
Section 9 -205. FRANCHISE VALUE. No value shall be assigned this
franchise in computing the valuation of the Company's property for rate regulation
I purposes or for eminent domain purposes
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ORDINANCE NO
Section 9 -206 RELOCATIONS. �.
Subdivision 1. Whenever the Municipality initiates a public improvement
which requires the removal, relocation, or rearrangement of the Company's
f acilities located on public streets, alleys, or grounds, the Company, upon
reasonable notice by the Municipality, shall relocate its facilities without charge
to the Municipality provided, the foregoing shall not deprive the Company of any
right it may have under State law to be reimbursed for any relocation, removal, or
rearrangement required for the improvement or construction of a federally aided
highway project; and provided further that in the event federal or state grants are
made available for financing any of such public improvements requiring relocation
of the Company's facilities, the Company shall be reimbursed for such relocation
from federal or state funds specifically available for such relocation purposes.
The foregoing shall not be construed so as to require the Municipality to reimburse
. the Company out of local funds for any such relocation costs
Subdivision 2. The vacation of any street, alley, or public way, after
the installation of electric facilities, shall not operate to deprive the Company
of the right to operate and maintain such electrical facilities until the reasonable
costs of relocating the same and the loss and expense resulting from such relocation
are first paid to the Company, except where the vacation is for the primary benefit
of the Municipality in the furtherance of a public purpose.
Section 9 -207. TREE TRIMMING There is hereby granted to the Company,
during the term hereof, permission and authority to trim all trees and shrubs in the
streets, alleys, and public ways of the Municipality which interfere with the proper
construction, operation, repair, and maintenance of any poles, pole lines, conduits,
and fixtures or appurtenances installed in pursuance of the authority hereby granted,
provided that the Company shall save the Municipality harmless from any liability
on the premises.
Section 9 -208. INDEMNIFICATION. The Company shall indemnify, keep,
and hold the Municipality, its officers, employees, and agents free and harmless
from any and all liability on account of injury to persons or damage to property
occasioned by the construction, maintenance, repair, removal, or operation of
the Company's property located in, on, over, under, or across the streets, alleys
and public ways of the Municipality, unless such injury or damage is the result
of the negligence of a Municipality, its employees, officers, or agents, or results
from the performance in a proper manner of acts reasonably determined by the
Company to be hazardous_, but such performance is, nevertheless, ordered or
directed by the Municipality after notice of such determination by the Company.
In the event that suit shall be brou ht against the Municipality under circumstances
_where the above agreement to indemnify applies, the Company, at its sole cost
and expense, shall defend' the Municipality in such suit if written notice' of the
suit is promptly given to the Company within a period wherein the Company is not
prejudiced by lack of such notice If such notice is not timely given, as here and
before provided, the Company shall have no duty to indemnify nor defend If the
Company is required to indemnify and defend, it will thereafter have complete
control of such litigation, but the Company_ may not settle such litigation without
the consent of the Municipality unless the Municipality unreasonably withholds
ORDINANCE NO. �-
such consent. This section is not, as to third parties, a waiver of any 'defense
or immunity otherwise available to the Company, and the Company in defendinq
any action on behalf of the Municipality shall be entitled to assert in any such
action every defense or immunity that the Municipality could assert in its own
behalf
Section 9 -209. ASSIGNMENT. The Company, upon notice to the
Municipality, shall have the full right and authority to assign to any person,
persons, firm or corporation all the rights conferred upon it by this ordinance,
provided that the assignee of such rights, by accepting such assignment, shall
become subject to the terms and provisions of this ordinance.
Section 9 -210. SEPARABILITY. Every section, provision, or part of this ,
ordinance is declared separate from every other section, provision, or part; and
if any section, provision, or part shall be held invalid, it shall not affect any
other section, provision, or part.
Section 9 -211. COMPANY REVIEW. The Company shall have the
_opportunity to review and provide written comment regarding the terms of this
ordinance within a ninety day period after the first reading of this ordinance.
Section - 9 -212. PUBLICATION EXPENSE. The expense of publication
of this franchise ordinance shall be paid by the Company.
Section 3 This ordinance shall become effective on December 1, 1976.
Adopted this day of 19
I
Mayor
ATTEST:
` Clerk
Published in the official newspaper
Effective date December 1, 1976
(Brackets indicate matter to be deleted, underline indicates new matter.)
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CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL
ESTATE FROM THE CITY OF BROOKLYN CENTER TO LAVERNE
E. LINDER
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section l: PREAMBLE
WHEREAS, Mr. Laverne E. Linder has stated a desire to acquire
certain Brooklyn Center owned property described below to facilitate
residential development in accordance with the Brooklyn Center
Comprehensive Plan; and
WHEREAS, the subject property has no use as public property
_in the context of the said Comprehensive Plan; and
WHEREAS, it is determined to be in the best interests of the
citizens of Brooklyn Center to convey the subject property to Mr.
Laverne E. Linder; and
WHEREAS, it is determined that the value of the subject
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o ert is represented b the deli a a f
delinquent outstanding t n n balance P p Y p Y U g o
ecial assessments in the amount of 276.82, attributable to
- s 9 P $
Parcel 4130 and Parcel 4150 of Plat 89104
It is, therefore, determined to convey the following described
real estate to Mr. LaVerne E. Linder, consistent to Section 12.05 of
the City Charter
Section 2: Property description in terms of conveyance
` That City of Brooklyn Center owned property described as
That part of the South 660 feet of Lot 36, Auditor's
Subdivision No. 309 in Hennepin County, Minnesota
described as follows
Commencing at the Northeast corner of the South 660 feet
of said Lot 36; thence westerly along the North line of
the South 660 feet of said Lot 36 to the west line of
said Lot 36; thence southerly along the West line of said
Lot 36 to a point on the Northwesterly right -of -way line
of 72nd Avenue North as described in the Northland Estates
Plat; thence ; N67 44' 47 "E along a line 'which is - coincidental
with the Northwester) right-of-way line of 72nd Ave
Northwesterly g y ue o n
North to the point of beginning.
en-f
ordinance No. F
may be conveyed in fee title to Mr. LaVerne E. Linder in consideration
of the sum of $9,276.82 to be paid to the City of Brooklyn Center
provided that any special assessments levied against the above
described property after August 23, 1976, shall become the obligation of
Mr. LaVerne E. Linder or subsequent owners thereof. A_purchase
agreement shall be drawn and executed by both parties, setting forth
the financial terms as represented by this ordinance
Section 3: This ordinance shall become effective after
i
adoption and thrity days following its legal publication.
3 Adopted this day of 19
Mayor
ATTEST:
Clerk
Published in the official newspaper
Effective Date
(Brackets indicate matter to be deleted and underline indicates new
matter)
i
At
Licenses to be approved by the City Council on August 23, 1976.
MECHANICAL SYSTEMS LICENSE
Domestic Mechanical 9110 Grand Avenue South
Northern Heating & Air Cond. 2149 161st Avenue N.W.
Bui ding Inspector
RENTAL DWELLING LICENSE
Renewal: .-
Harold Liefschultz Chippewa Park Apartments L�s►2,�
Director bf lanning
and Inspection
SIGN HANGER'S LICENSE
Henry B. Telke 3940 Minnehaha Ave. S. e. /
t
Building Inspector
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