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HomeMy WebLinkAbout1976 10-04 CCP Regular Session COUNCIL AGENDA - City of Brooklyn Center October 4, 1976 7 :45 p.m. `' . 1&1: - Call to Order 2. Roll Ca 11 3. Invocation 4. Approval of Minutes September 13 & 14, 1976 5. Authorize Reduction of Subdivision Bond 6. Authorize Bus Route 7. ` Authorize Site Performance Bond Reductions and Releases 8. Approve Final Plat 9. Resolutions: a . Commending Service of Roger Pickering b. Adopting: the 1977 Budget c. Authorizing a 1977 'Tax Levy- d.- Canceling Levies (3) e., Certifying Delinquent Utilities Accounts f. Certifying Delinquent Weed Accounts g Approving HRA Levy h. Directing Disbursement of Deposit for Project No. 1975-6 i. Directing Disbursement of Subdivision Bond for Baerg's 2nd Addition j . Directing Disbursement of Bond for North Metro Addition k. Authorizing Agreement with Brooklyn Park 1. _' Authorizing Release of Cash Escrow 10. Planning Commission Items (8:00 p.m.): ! a. Application No. 76050 submitted by Mikros <Engineering ` b. Application No. 76051 submitted by LOGIS c. Application No. 76054 submitted by Brookdale Ford 11. Ordinances: a. Amending Chapter 7 Regarding Lodging Establishments b. Amending Chapter 23 Regarding Lodging Establishment Licensing Fee c. Amending Chapter 35 Relative to Side Yard Setbacks d. Amending Chapter 25 Renaming Lyndale Avenue 12. Discussion Items:` a. Final Approval of Preliminary Highway Noise Abatement Plans b. Chippewa Park Licensing Review 3 i s •. L cen es 14. Adjournment CITY MANAGER'S COMMENTS 1 8Item S Authorize Reduction of Subdivision Bond It is recommended that the $500 subdivision guarantee posted on behalf of Fred Nelson Addition be reduced to $250 on - the basis of work completed. Disposition Item 6 Authorize Bus Route The Metropolitan Transit Commission has requested permission to operate: an express bus line on Brooklyn Boulevard from 69th to the north City limits. I will elaborate Monday evening on the purpose of the express line. Disposition Item 7 Authorize Site Performance Bond Reductions and Releases Recommendations will be made Monday evening - to authorize certain reductions and releases of site performance bonds which have been satisfactorily completed or partially completed. Disposition Item 8 Approve Final Plat On May 3, 1976 the City Council approved Planning Commission Application No. 76017 submitted by Dr. Gregory Swenson for the Brook Park Dental Clinic and parking lot, 6417, 6421, and 6437 Brooklyn Boulevard. The applicant has met conditions of the ,preliminary plat and it is recommended that the City Council give final approval. Disposition Item 9a Commending Service of Roger Pickering The attached resolution is recommended for the ` purpose of commending the service contributed by Roger Pickering on the Park & Recreation Commission. ` Disposition CITY MANAGER'S COMMENTS Page 2 Item 9b Adopting the 1977 Budget The attached resolution is recommended for the ;purpose of formally adopting the 1977 budget. Disposition Item 9c Authorizing a 1977 Tax Levy The attached resolution is recommended for the purpose of certifying a tax levy in support of 1977 budget appropriations. Disposition Item 9d Canceling Levies (3) The attached resolutions are recommended for the purpose of canceling previously certified tax levies. < I will be prepared Monday evening to explain the reasons for each of the three proposed cancellations. Disposition Item 9e Certifying Delinquent Utilities Accounts The attached resolution is recommended for the purpose of certifying delinquent public utilities accounts to - the Hennepin County tax rolls for collection. Disposition Item 9f Certifying Delinquent Weed Accounts The attached resolution is recommended for the purpose of certifying delinquent weed cutting accounts to the Hennepin County ;tax rolls for collection. Disposition CITY MANAGER'S COMMENTS Pa ge 3 Item 9g Approving HRA Levy The attached resolution is recommended for the purpose of approving the one -third mill tax levy previously authorized by the HRA. Disposition ' Item 9h Directing Disbursement of Deposit for Project No. 1975 -6 The attached resolution is recommended for the purpose of directing the disposition of a cash deposit posted by Mr. Harold Jorgenson on behalf of Storm Sewer Improvement Project No. 1975 -6 -. Disposition Item 91 Directing Disbursement of Subdivision Bond for`Baerg's 2nd Addition' The attached resolution is recommended for the purpose of directing the disbursement of subdivision guarantee funds relating to Baerg's Second Addition Disposition Item 9j Directing Disbursement of Bond for North Metro Addition a The attached resolution is recommended for the purpose of directing the allocation of subdivision guarantee funds pertaining to North Metro Addition. Disposition Item 9k Authorizing Agreement with Brooklyn Park The attached resolution is recommended for the purpose of formally approving an agreement with the City of Brooklyn Park regarding the provision of certain emergency services to be provided by CEAP and the related renovation of the old City Hall at 7100 Brooklyn Boulevard. Disposition iM_ CITY MANAGER'S COMMENTS Page 4 Item 91 Authorize Release of Cash Escrow The attached resolution is` recommended for the purpose of returning the remaining $900 cash escrow posted by Brook Park Baptist Church to guarantee certain subdivision improvements in Brook Park Estates All improvements have been satisfactorily completed. Disposition Item 11a Amending Chapter 7 Regarding Lodging Establishments The attached ordinance amending Chapter 7 was first read on September 13, published on September 23 and is offered - this evening for second reading and adoption. Disposition Item l lb Amending Chapter 23 Regarding Lodging Establishment Licensing Fee The attached ordinance amending Chapter '23 was first read on September 13, published on September 23 and is offered this evening for ; second reading and adoption. Disposition Item 11c Amending Chapter 35 Relative to Side Yard Setbacks The attached ordinance is recommended for the purpose of modifying side yard setback'provisions of - the zoning ordinance. The matter has been reviewed by the Planning Commission consistent with City Council direction. Disposition Item lld Amending Chapter 25 Renaming Lyndale Avenue The attached ordinance is recommended for the purpose of renaming Lyndale Avenue from FI -94 to ° north City limits Disposition CITY MANAGER'S COMMENTS Page 5 Item 12a. Final Approval of Preliminary Highway Noise Abatement Plans The Director of Public Works will be prepared to report Monday evening on the results of his meeting with residents along the north side of 65th Avenue North from Noble Avenue easterly regarding highway noise abate- ment proposals Disposition x Item 12b Chippewa Park Licensing, Review The Chippewa Park apartments license is due to expire and the matter is brought before the City Council's attention consistent with earlier direction. Disposition I Member introduced the following resolution and moved its adoption: RESOLUTION N • O. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION - FOR THE DEDICATED PUBLIC SERVICE OF MR. ROGER PICKERING WHEREAS, Mr. Roger Pickering served as a member of the Park and Recreation Commission from June, 1973 through August, 1976; and WHEREAS, his devotion to the tasks and responsibilities of this Commission contributed substantially to the sound progress and development of the City; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center: NOW, THEREFORE, BE IT RESOLVED by the City Council > of the City of Brooklyn Center that: The dedicated public service of Mr. Roger Pickering as a member of the 'Park and Recreation Commission and 'citizen is recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof:' and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO ADOPT THE 1977 BUDGET BE IT RESOLVED by the City Council of the City of Brooklyn Center that the appropriations for budgeted funds for the calendar year 1977 shall be GENERAL FUND Dept. No. Department 1`1 Council $ 57,940 12 Charter Commission 1 , 500 13 City Manager's Office 237,683 14 Elections and Voters' Registration 6,799 15 Assessing 53,347 16 Finance 77,002 17 Independent Audit 14,000 18 -Legal Counsel 45,850 19 Government Buildings 227,35`1 21 Detached Worker 2,500 31 Police Protection 685,011 32 Fire Protection 81,471 33 Planning and Inspection 81,833 34 Emergency Preparedness 2 °8,328 35 Animal Control 10,500 41 Engineering 145,002 42 Street Construction and Maintenance 334,306 43 Vehicle Maintenance 162,798 44 Traffic Signs and Signals 17,140 45 Street Lighting 74,400 46 Weed Control 75`0 51 Health Regulation and Inspection 24,000 53 Home Nursing 23,919 61 Recreation and Parks Administration 92,187 62 Adult Recreation Programs 42,590 63 Teen Recreation Programs 11,700 64 Children's Recreation Programs 38,705 65 General Recreation Programs 33,760 66 Community Center 127,500 69 Park's 285,261 81 Unallocated Labor 135,000 82 Contingency' 110,000 TOTAL GENERAL FUND $3,270,133 E RESOLUTION NO. PARK BOND REDEMPTION FUND $ 24,500 1969 BUILDING AND IMPROVEMENT BOND REDEMPTION FUND 254,600 FIREMEN'S RELIEF ASSOCIATION 31,480 EMPLOYEES' RETIREMENT FUND 126,000 POLICEMEN'S PENSION FUND 48,799 TOTAL APPROPRIATIONS FOR BUDGETED FUNDS $3,755,512 and BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the source of financing the sums appropriated shall be GENERAL PROPERTY TAXES $1,881,960 ESTIMATED REVENUE OTHER THAN PROPERTY TAXES: Penalties & Interest on Taxes $ 15,000 Licenses & Permits 92,000 Intergovernmental Revenue 1,268,194 Charges for Services ces 298.., 545 Fines & Forfeits _ 45,000 f Miscellaneous Revenue 29,813 1,748,552 FUND TRANSFERS: Liquor Fund 125,000 TOTAL SOURCE OF FINANCING $3 , 755 , 512 Date Mayor ATTEST: G Clerk i 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: `s RESOLUTION NO. RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1977 BUDGET APPROPRIATIONS BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1 There is hereby approved for expenditures from general taxes the following sums for the purpose indicated: x City Operation and Administration $1,462,797 Firemen's Relief Association 480 Employees' Retirement 126,000 Policemen's Pension 13,583 $1,602,860 The foregoing does not include levies already certified to the County Auditor for the payment of outstanding loans which levies for the year 1977 are as follows: Park Bond Redemption $ 24,500 1969 Building and Improvement Bond Redemption 254,600 $ 279,100 Total Expenditures for the year 1977 from General Taxes $1,881,960 2. There is hereby levied upon all taxable property, lying within the City of Brooklyn Center, in addition to all levies heretofore certified to the County Auditor as indicated in paragraph one hereof, the sum of $1 , 602, 860 and the City Clerk shall cause a copy of this resolution to be certified to the County Auditor so that said sum shall be spread upon the tax rolls and will be payable in the year 1977. Date Mayor ATTEST• Clerk! The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR WHEREAS, at a Special Meeting of the (then) Village Council of the (then) Village of Brooklyn Center held on June 17, 1958, a resolution was duly adopted' providing in part that the sum of $5,100 be levied in the year 1976 for payment of principal and interest on bonds issued to finance Water Improvement Project No. I 1957 -28; and WHEREAS, said resolution was thereafter duly certified to the Auditor of and for Hennepin- County , Minnesota; and WHEREAS, there is presently on hand in Improvement Fund 1958 -B sufficient money to pay any and all principal and interest on said bonds issued to finance construction of Water 'Improvement Project No. 1957 -28, and at least five per cent in excess thereof, without the levy of said $5,100 in the year 1976: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1 . It is hereby determined that the levy of a direct ad valorem ax y orem t on all taxable property in the City previously made and certified in the amount of $5,10 for the year 1976 in connection with the financing of Water Improvement Project No. 1957 -28 is unnecessary and may be cancelled, there being sufficient money on hand in Improvement Fund 1958 -B at the present time to pay any and all principal and interest, and at least five per cent in excess thereof, on said bonds issued to finance said Water Improvement Project No. 1957 -28, without collection of said direct ad valorem tax. 2. The Auditor of Hennepin County, Minnesota is hereby requester) to cancel the said levy of $5,100 for the year 1976 previously certified pursuant to the provisions of Section 475.61 , Minnesota Statutes, 1957. ` 3. The City Clerk is hereby authorized and directed to transmit a' certified copy of this resolution to said Hennepin County Auditor forthwith. f l Date Mayor r. r 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 r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR WHEREAS, at a regular session of the (then) Village: Council of the (then) ` Village of Brooklyn Center held on March 8, 1960, a resolution was duly adopted providing in part that the sum of $21 , 300 be' levied in the year 1976 for payment of principal and interest on bonds issued to finance Water Improvement No. 1960 =, and WHEREAS,,` said resolution was thereafter duly certified to the, Auditor,of and for Hennepin County, Minnesota; and WHEREAS, there is presently on hand in Improvement Fund 1959 -A and B sufficient money to pay any and all principal and interest on said bonds issued to finance construction of Water Improvement No. 1960 - -1 ,. and at least five per cent in excess thereof, without the levy of said $21,300 in the year 1976 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. It is hereby determined that the levy of a direct ad valorem tax on all taxable property in the City previously made and certified in the amount of $21 , 300 for the year 1976 in connection with the financing of Water` Improvement No. 1960 -1 is unnecessary and may be cancelled, there being sufficient money on hand. in Improvement Fund 1959 -A and B at the present time to pay any and all principal and interest,' and at least five per cent in excess thereof, ;on said bonds issued to finance said Water Improvement No. 1960-1, without collection of < said 'ad valorem_ tax 2. The Auditor of Hennepin County, Minnesota is hereby requested to cancel the said levy of $21,300 for the year 1976 previously certified pursuant to the provisions of Section 475.61 , Minnesota Statutes, 1957. 3. The City Clerk is hereby authorized and directed to transmit a certified copy of this ;resolution to said Hennepin County Auditor forthwith. Date Mayor ATTEST: 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. , r I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR WHEREAS, at a Special Meeting of the City Council of the City of Brooklyn Center held on March 4, 1968, a resolution was duly adopted providing in part n that the sum of $100 be levied in the year 1976 for payment of principal-and interest on bonds issued to finance various improvement projects; and WHEREAS said resolution was thereafter duly certified to the Auditor of and for Hennepin County, Minnesota; and WHEREAS, there is presently on hand in the 1968 Improvement Fund sufficient money to pay any and all principal and interest on said bonds issued to finance construction of said improvements, and at least five per cent in excess thereof, without the levy of said $100 in the year 1976: - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: • 1 It is hereby determined that the levy of a direct ad valorem tax on all taxable property in the City previously made and certified in the amount of $100 for the year 1976 in connection with the financing of various improvement projects is unnecessary and may be cancelled, there being sufficient money on hand in the 1968 Improvement Fund at the present time to pay any and all principal and interest, and at least five per cent in excess thereof, on said bonds issued to - finance said improvements, without collection of said direct ad valorem tax. 2. The auditor of Hennepin County, Minnesota is hereby requested to cancel the said levy of $100 for the year 1976 previously_ certified pursuant to the provision of Section 475.61, Minnesota Statutes, 1957. 3. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to said Hennepin County Auditor forthwith. Date Mayor ATTEST: 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 CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS. WHEREAS, the records of the Public Utilities Billing Department lists certain accounts as delinquent for the year; and WHEREAS, the consumers have been notified of the delinquency according to legal requirements; and WHEREAS, State Statutes 444.075 authorized certification of the delinquent accounts to the County tax rolls for collection: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to order the Director of Finance of Hennepin County to place the following delinquent accounts consisting of delinquent principal and interest thereon at 8/0 on the 1976 payable 1977 tax rolls: Plat Parcel Addition Lot Block Amount 89001 4660 Section 1 $ 60.01 89103 8020 Auditor's Subdivision No. 218 57 59.63 89105 3310 Auditor's Subdivision No. 310 27 60.95 89105 3700 Auditor's Subdivision No. 310 31 59.63 89200 5600 Balfany's Northport lst 11 6 60.01 89225 0700 Bellvue Acres 5 1 60.79 89225 2970 Bellvue Acres 15 2 60.01 89225 4450 Bellvue Acres 11 3 31.11 89225 5550 Bellvue Acres 4 4 40.43 89295 6800 Camden Acres 1 2 59.63 89370 1400 Fair Meadows 7 1 51.93 89375 0800 Franzen's 8 59.63 89385 1100 Garcelon's Addn. to Minneapolis 9 40.43 RESOLUTION NO. Plat Parcel Addition Lot Block Amount. 89.410 6000 Grandview 'Manor 5 3 $ 59.L3 89442 7000 Hipp's 5th 2 2 70.61 89461 2000 Hohenstein's 2nd 2 59.63 89495 6110 Lakebreeze 11/12 6 36.09 89540 5030 Linden Shore on Twin Lake 16/17 3 60.01 89665 0700 Pearson's Northport 1st 7 1 60.01' 89675 0200 N. & E. Perkin's 4/5 1 60.01 I 89679 3000 Perron 3 59.63 89961 2000 Rockwell's 2nd' 2 1 60.01 90040 6000 Sunset Manor 2 3 59.63 90080 2410 Twin Lake Woods 3 2 105.44 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member 0 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. p Y P p Member introduced the following resolution and moved its adoption RESOLUTION NO. i RESOLUTION CERTIFYING DELINQUENT NOXIOUS WEED CUTTING ACCOUNTS FOR 1976 CUTTING TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weed's to be cut down on certain properties within the City under the authority of Minnesota Statutes, Section 18.271; and WHEREAS, the owners of record of the properties involved were notified in writing by certified mail of the work done and the costs and expenses involved at least thirty days prior to October 1, 1976, . in accordance with individual notice provisions of Subdivision 4 of Section 18.271; and WHEREAS, on October 1, 1976, there remained unpaid certain of these weed cutting accounts, and WHEREAS, Section 18.271, Subdivision 4, authorizes the certif- ication of delinquent weed cutting accounts to the County tax rolls for collection; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to order the Director of Finance of Hennepin County to place the following delinquent weed cutting accounts, consisting of weed cutting costs and expenses, and penalty thereon at 8% on the 1976 payable in 1977 tax rolls: Plat Parcel Addition Lot Block Amount 89001 2410 Section 1 $ 25.00 89101 4800 Auditor's Subdivision No 57 16 75.00 89101 5205 Auditor's Subdivision No. 57 17 107.,50 89101 6223 Auditor's Subdivision No. 57 19 32.5`0 8.9102 1850 Auditor's Subdivision No. 216 18/19 32.50 89102 4170 Auditor's Subdivision No. 216 34/35 40.00 89104 3823 Auditor's Subdivision No. 309 33 25.00 89104 3910 Auditor's Subdivision No. 309 34 32.50 0 ­ 89104 4014 Auditor's Subdivision No. 309 34 55.00 RESOLUTION NO Plat Parcel Addition Lot Block Amount 89104 4130 Auditor's Subdivision. No. 309 36 $ 47.50 89225 2970 Bellvue Acres 15 21 25.00 89326 7875 Creek Villas 1 24 40.00. 89405 2800 Gould's Riverview 14 25.00 89438 2010 Hi Crest Square 2 1 130.00 x 89438 5600 Hi Crest Square 6 1 40.00 89473 2000 Horbal 1 1 11.25 89473 4000 Horbal 2 1 21.25 89559 7000 Lundgren 3rd 7 2 20.`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 moved its adoption RESOLUTION NO. RESOLUTION APPROVING A ONE -THIRD MILL LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 462.411 THROUGH 462 711, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1977 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, the City Council has received two resolutions from the Housing and Redevelopment Authority of the City of Brooklyn Center, one entitled 'a "Resolution Approving the Brooklyn Center Housing and Redevelopment Authority Budget for the Year 1977 Pursuant to MSA Chapter 462.545, Subdivision 6 and the other entitled a "Resolution Establishing the Tax Levy of the Brooklyn Center Housing and Redevelopment Authority for the Year 1977 "; and WHEREAS, the City Council, pursuant to the provisions of MSA 462.545, Subdivision 6, must by resolution consent to the proposed tax levy of the Housing and Redevelopment Authority of the City of Brooklyn Center: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a special tax be levied upon all real and personal property within the City of Brooklyn Center in the amount equal to one -third of a mill. BE IT FURTHER RESOLVED that the said one -third mill, to be used for the operation of the Brooklyn Center Housing and Redevelopment Authority pursuant to the provisions of MSA 462.411 through 462.711, be certified for tax levy to . the County Auditor of Hennepin County on or before October 10 1976. r 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 Game: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DIRECTING DISBURSEMENT OF A CASH DEPOSIT FROM MR. HAROLD JORGENSON FOR STORM SEWER IMPROVEMENT PROJECT NO. 1975 -6 WHEREAS, Mr. Harold C. Jorgenson requested the City of Brooklyn Center to construct Storm Sewer Improvement Project No. 1975-6 to resolve the drainage problem in Block 3 of Fair Meadows 2nd Addition; and WHEREAS, said Mr. Jorgenson posted a check in the amount of $4,000.00 to guarantee payment of the above improvement and said amount was deposited to the Improvements Authorized Fund (Acct. #571720 - 075 -06) on October 22, 1975 and WHEREAS, the project has been completed and it has been determined that said Mr. Jorgenson's share of the costs for Storm Sewer Improvement Project No. 1975 -6 total $3,845.55. NOW, THEREFORE, BE IT RE §OLVED by the City Council of the City of Brooklyn Center to credit Levy # 6503, Fund #58, Project #001, the amount of $3,845.55 for payment of Storm Sewer Improvement Project 1975 -6. BE IT FURTHER RESOLVED to refund the balance of $154.45 from the Improvements Authorized Fund (Acct. #571720- 075 -06) to Mr. Harold Jorgenson, representing the balance remaining of the cash deposit. Date Mayor F 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 AUTHORIZING REDUCTION OF SUBDIVISION BOND AND THE DISBURSEMENT OF REMAINING FUNDS FOR BAERG'S 2ND ADDITION. WHEREAS, on July 14, 1976, the City of Brooklyn Center received a Guaranteed Investment Bond in the amount of $15,500.00 to guarantee certain subdivision improvements for Baerg's 2nd' Addition as set forth in the Financial Performance Guarantee by Developer,; dated July 13, 1976; and WHEREAS, the street surfacing, as guaranteed by the above mentioned Guaranteed Investment Bond, was duly installed as part of Project No's. 1976 -1 and 1976 -2; and WHEREAS, the total amount attributable to Baerg's 2nd Addition for the above mentioned' projects is $7,907.78; and WHEREAS, the amount of improvements remaining to be completed under said Guaranteed Investment Bond is estimated to cost $5,000.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center direct the City Treasurer to negotiate the existing Guaranteed Investment Bond and credit Project 1976 -1 the amount of $6,170.14 and Project 1976 -2 the amount of $1,737.64, totalling $7,907.78. BE IT FURTHER RESOLVED that the City Treasurer retain the balance of $5,000.00 until all other work is completed in Baerg's 2nd Addition and issue a'check in the amount of $2,592.22 to David Baerg, which amount represents the difference to be returned to him as cash escrow excess. Date Mayor ATTEST Clerk The motion for the adoption of the foregoing resolution - as 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 REDUCTION OF SUBDIVISION BOND AND THE DISBURSEMENT OF REMAINING FUNDS FOR NORTH METRO ADDITION. WHEREAS, on March 16, 1976, the City of Brooklyn Center received a Savings', Certificate in the amount of $14,500.00 to guarantee certain subdivision improvements for the North Metro Addition, as set forth in the Financial Performance Guarantee by Developer dated March 16, 1976; and WHEREAS, the street surfacing as guaranteed by the above mentioned Savings Certificate was duly installed as part of Project No's. 1976 -1 and 1976 -2; and WHEREAS, the total amount attributable to North Metro Addition for the above mentioned projects is $6,431.13; and WHEREAS, the amount of improvements remaining to be completed under said Savings Certificate is estimated to cost $3,000.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center direct the City _Treasurer to negotiate the existing Savings Certificate and credit Project 1976 -1 the amount of $5,037.47 and Project 1976 -2 the amount of $1,393.66, totalling $6,431.13. BE IT FURTHER RESOLVED that the ,City "Treasurer retain the balance of $3,000.00 until all other work is completed in North Metro Addition and 'issue a check in the ` amount of $5,068.87 to Dennis Barker, which amount represents the difference to be returned to him as cash escrow excess. 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. Rte e' 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING A JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN PARK TO PROVIDE FOR EMERGENCY SERVICES AND THE RENOVATION OF 7100' BROOKLYN B OULEVARD WHEREAS, the Community Emergency Assistance Program, Inc. (LEAP) has proposed to provide emergency services for the residents of Brooklyn Center and Brooklyn Park in return for the renovation, use and occupancy of the City owned property at 7100 Brooklyn Boulevard and WHEREAS, in return for these services, the City of 'Brooklyn Center has agreed to renovate and refurbish the structure at 7100 Brooklyn Boulevard for the use and occupancy of LEAP; and WHEREAS, in return for these services, the City of Brooklyn Park has agreed to participate in the renovation and refurbishing costs for the structure at 7100 Brooklyn Boulevard in an amount of half the costs not to exceed $17,000; and WHEREAS, the Cities of Brooklyn Center and Brooklyn Park wish to Jointly cooperate in this venture of providing emergency services for their I residents through CEAP and to renovate the structure at 7100 Brooklyn Boulevard to be utilized by LEAP. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City' Manager to execute joint powers agreement with the City of Brooklyn Park for the purpose of providing emergency services and renovating the structure at 7100 Brooklyn Boulevard. 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 DIRECTING THE DISBURSEMENT OF THE BALANCE OF THE CASH ESCROW FOR BROOK PARK ESTATES ADDITION WHEREAS, a cash escrow in the amount of $3,600.00 was posted by the Brook Park Baptist Church to guarantee certain subdivision improvements for the Brook Park Estates as set forth in the Fi nancial Performance Guarantee by Developer, dated July 23, 1974; and WHEREAS, $2,700.00 of the above amount was released to the Brook Park 'Baptist Church as per Resolution No's. '74 -205, 75 -108 and 75- 163; and WHEREAS, the City Treasurer retained $900.00 to guarantee the remainder of the improvements; and WHEREAS, all subdivision improvements have now been completed. NOW, THEREFORE, BE IT RESOLVED that the City Treasurer be authorized to issue a check to the Brook Park Baptist Church in the amount of $900.00, which amount represents the balance of the cash escrow. h f Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken I r 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 t `? ORDINANCE NO. AN ORDINANCE ADOPTING. REGULATIONS AND LICENSING PROVISIONS RELATING TO LODGING ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 7 of the City Ordinances shall be amended by the addition of the following; Section 7 -601. MINNESOTA DEPARTMENT O HEALTH REGULATIONS ADOPTED I AS LAW. Subject •to any specific modifications hereinafter set forth, the municipality hereby adopts by reference Minnesota State Board of Health Regulation MHD 139 -145 as contained in - the document entitled "Requirements for Lodging Establishments" declared effective January 1, 1968, including all subsequent amendments thereto. Three copies of such regulations shall be filed and available for inspection in - the office of the City Clerk. - MHD 139 -145 is hereby modified by deleting the 'term "Board" and substituting therefor the 'term "City Health Authority" in MHD 141 (d) , MHD 141 (f), the third sentence of MHD 141 (j) , and MHD 141 (1) . MHD 141 (1) is hereby modified by deleting - the-phrase "installed on or before January 1, 1968, " from - the second sentence of - the second paragraph -therein Section 7 -602 LICENSE REQUIRED. It shall be unlawful for any person - to operate a lodging establishment unless the City of Brooklyn Center has issued a valid license therefor which is in full force and effect. Such license shall be on display in the immediate vicinity of the customer registration area and conveniently accessible upon demand. Section 7 -603. APPLICATION FOR LICENSE. Application for license hereunder shall be submitted to the City Clerk in such form and manner as 'the City Clerk may prescribe . Section 7 -604, INSPECTION. The City Health Authority or his designated agent shall inspect every lodging establishment as frequently as deemed necessary to insure compliance with this ordinance. Section 7 -605. LICENSE EXPIRATION A ND RENEWAL. Licenses issued unde this ordinance shall expire on - the last day of December each year. License renewal applications shall be filed with - the City Clerk prior - to the expiration date each year. ORDINANCE NO. ° Section 7 -606. LICENSING REGULATIONS AND FEES. License application and possession is subject to provisions of Chapter 23 of the City Ordinances, Sections 23 -001 - through Section 23 -013 The annual license fee for a lodging establishment shall be as set forth in Section 23 -010 of - the City Ordinances Section 7 -607. PENALTY. Any person, firm, or corporation violating the provisions of -this ordinance may, upon conviction - thereof, be punished by a fine of not more than - three hundred ($300) dollars and by imprisonment not - to exceed ninety (90) days. Section 2. This ordinance shall become effective after adoption and upon - thirty (30) days following its legal publication. Adopted this day of 1976. Mayor ATTEST: Clerk Date of Publication Effective Date CITY OF BROOKLYN CENTER ORDINANCE NC. AN ORDINANCE AMENDING CHA 23 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 23 -010 is hereby amended by -the addition of - the following:: x� x Fee, (annual, un- less otherwise Type of License - Required by Section License Expires stated) Lod 7 -602 Dec. 31 $33/1-15 $41/16, -35 units 106 -100 units ,$138/101 units or more Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 -Mayor ATTEST: Clerk Published in the official newspaper Effective date (Underline indicates new matter.) CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES` I RELATIVE TO INTERIOR SIDE YARD SETBACKS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:' Section I Section` 35 -400 -(3) of the City Ordinances is hereby amended to read as follows: Section 35 -400. TABLE OF MINIMUM DISTRICT REQUIREMENTS (3) Accessory buildings must be set back at least three (3) feet from an interior side lot line except as provided below. [In f the case of a single family dwelling with an attached garage which is less than ten (10) feet but not less than three (3) feet from the interior side lot line, the :area to the rear and contiguous to the garage may be appropriately enclosed as an expansion of the ,dwelling provided; the enclosed area does not exceed ten (10) per cent of the gross floor area of the dwelling; there is no entrance or exitway facing the side yard; the sideyard exterior wall of the expansion does' not extend beyond the respective exterior wall of the garage; and all other applicable ordinance requirements are met.] In the case of permitted one family and two family dwellings, the dwelling may be located less than ten (10) feet, but not less than five (5) feet, from not more than one (1) of the established interior side lot lines, provided: a. All other yard setback requirements are met, b. The remaining minimum ten (10) foot interior side yard, between the dwelling and the lot liner shall not be used for any accessory building; c. The exterior wall of the dwelling, facing the interior side yard' of less than ten (10) feet, shall contain no openings including doors or windows, or provisions for mechanical equipment; The setback distance shall be measured from the exterior wall of the building, and no part of any roof cornice or any appen- dage to the structure shall project more than one '(1) foot into the minimum side yard setback. Interior side yard setback ORDINANCE NO. requirements may be waived in commercial and industrial districts where abutting commercial and industrial property owners wish to abut along a common wall built along the property. Section 2 This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST. Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted; underline indicates new matter.) CITY OF BROOKLYN CENTER . ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY ORDINANCES REGARDING STREET NAME CHANGES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS Section 1. Chapter 25 of the City Ordinances is hereby ` amended by the addition of the following: Section 25 -418. T.H. 169, known as Lyndale Avenue; (part)- West River Road. That portion of 169, known as Lyndale Avenue, from F.I 94 to the North Corporate Limits (73rd Avenue North') is hereby renamed, and shall be known as West River Road effective January 2, 1977. Section 2. This ordinance shall become effective January 2,_1977. Adopted this day of 19 . Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter.) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CONFIRMING OPTION OF EARTHEN MOUNDS FOR THE AREA SOUTH OF F.I. 94 FROM NOBLE AVENUE TO . APPROXIMATELY 1350 FEET EASTERLY. WHEREAS, on September 20, 1976, the Brooklyn Center City council adopted Resolution No..76 -127 approving preliminary plans ` for noise abatement structures along F.I. 94 from the west corporate limits to Xerxes Avenue North, with the option of earthen mounds for the area south of F.I. 94 from Noble Avenue to approximately 1600 feet easterly of Noble Avenue North; and WHEREAS the alternate plan comprehending the said earthen mound'concept,has been amended to include only the westerly 1,350 feet of said area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center hereby confirms the option of utilizing earthen mounds for the area south of F.I. 94 from Noble Avenue to approximately 1350 feet easterly of Noble Avenue `in accordance with the amended alternate plan. Date .Mayor r 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. As G Licenses to be approved by the City Council on October 4, 1976 RENTAL DWELLING LICENSE Renewal: Harold Liefschultz Chippewa Park Apartments • Director of Planning and Inspection SIGN HANGER'S LICENSE Cragg, Inc. 822 W. Broadway Buil ing Inspector i E i j k r . M � f,a .� 1 ` �, _� ,. .. I. ;' ' .. ��... ' ..