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HomeMy WebLinkAbout1976 11-22 CCP Regular Session CITY COUNCIL AGENDA City of Brooklyn Center November 22, 1976 7:30 p.m. 1 . Call to Order 2 . Roll Call 3 . Invocation 4. Approval of Minutes - November 2 & 8, 1976 5 • Approve Final Plat 6. Approve Fire Relief Association Investment 7. Authorize Subdivision Bond Reductions: a. John son- Brandvold Addition b. Registered Land Survey No. 1406 8. Resolutions; a. Commending Public Service; 1) Mary Stire - Human Rights Commission 2) Richard Forstrom - Conservation Commission, • 3) Lowell Ward - Housing Commission 4) Jim Hart - Park Service Area V 5) Diane Schake - Park Service Area V b. Authorizing Purchase of Shade Trees c. Authorizing Purchase of Automatic Floor Scrubber d. Authorizing Purchase of Gas Fired Boiler e. Designating Midwest Federal Savings & Loan Assn. as Depository f. Designating Twin City Federal Savings & Loan Assn. as Depository g. ' Designating Hennepin Federal Savings & Loan Assn. as Depository h.. Approving Application No. 76056 submitted by T. L. Willard 9 Planning Commission Items (8:00 p.m.): a. Application No. 76053 submitted by City of Brooklyn Center 10. Ordinances a. Amending Chapter 35 Relative to Side Yard Setbacks b. Amending Chapter 9 Relative - to NSP Franchise c. Amending Chapter '23 Relative - to Licensing 11 Discussion Items: a. Updating MSA Street Construction Policies b. Liquor License Fee c junk Car Report 12. Licenses 13. Adjournment CITY MANAGER'S COMMENTS em 5 Approve Final Plat It is recommended that the City Council approve the final plat for Dale and Davies 2nd Addition representing property at the southwest quadrant of intersection Trunk Highway #100 at France Avenue North and Lakebreeze Avenue North. The City Council granted preliminary approval to - the plat on October 18, 1976 in conjunction with Planning Commission Application No. 76052. 6­ tA Disposition Item 6 Approve Fire Relief Association Investment The attached Fire Relief Association investment proposal has been found to be consistent with State laws for such investments and is recommended for City Council approval. Disposition Item 7a Johnson- Brandvold Addition It is recommended that the subdivision financial guarantee for Johnson- Brandvold Addition located on Camden Avenue southerly of 58th Avenue be reduced from $1,000 to $250 on the basis of obligations which have been satisfied. Disposition Item 7b Registered Land Survey No. 1406 It is recommended - that the subdivision financial guarantee for R.L.S. No. 1406 located at Colfax Avenue and 60th Avenue North amounting to $500 be released on the basis of obligations being satisfied. Disposition Item 8a Commending Public Service The attached resolutions are recommended for the purpose of recognizing and commending the public service of individuals who have served on various advisory commissions. Disposition -- .1,. CITY MANAGER'S COMMENTS .Page 2 Item 8b Authorizing Purchase of Shade Trees The attached resolution is recommended for the purpose of authorizing the annual purchase of large shade trees for - the City parks. The amount budgeted for this purpose is $4,000. Disposition Item 8c Authorizing Purchase of Automatic Floor Scrubber The attached resolution is recommended for the purpose of purchasing an automatic floor scrubber for the Government Buildings maintenance functions. $2,125 was budgeted for this item Disposition Item 8d Authorizing Purchase of Gas Fired Boiler The attached resolution is recommended for - the purpose of authorizing the purchase of a gas fired boiler for - the old City Hall renovation project. Disposition Item 8e thru 8g Designating Depositories The attached resolutions are recommended for the purpose of designating additional depositories which will yield slightly higher interest returns on approximately. $1 million of bond proceed investments than would a o •i depositories. investment of s me through h exi t o g g Disposition Item 8h Approving Application No. 76056 submitted by T L. Willard The attached resolution is offered in response to a Council directive following tentative approval of Application No. 76056 on November 8. Disposition CITY MANAGER'S COMMENTS ` age 3 Item 10a Amending Chapter 35 Relative to Side Yard Setbacks The attached ordinance represents the product of deliberations between the Plannin g Commission and City Council in joint meeting on November 10, 1976. Disposition i Item 1 O Amending Chapter 9 Relative to NSP Franchise The attached ordinance is a modified version :ofthe franchise ordinance given first reading by the City Council on August 23, 1976. The ordinance proposal is recommended for a new first reading. Disposition Item 10c Amending Chapter 23 Relative to Licensing The attached ordinance is recommended for - the purpose of making some housekeeping modifications which are essentially updating in character. Disposition Item lla Updating MSA Street Construction Policies The Director of Public Works will be prepared Monday night to discuss a draft of a proposed updating of the Municipal State Aid Street Construction Policy Manual. Disposition Item llb Liquor License Fee Brooklyn Center liquor licensees have been invited Monday evening to present their case for a reduction in license fees I I Disposition CITY MANAGER'S COMMENTS Page 4 Item l l c Junk Car Report I will be prepared Monday evening to discuss the junk car ordinance and the effect of State Statute thereon, as earlier requested by -the Council Disposition • a f CITY FIRE DEPARTMENT OF lee 6250 BROOKLYN BLVD. BROOKLYN BROOKLYN CENTER, MINNESOTA 55429. NT OFFICE: 561 -5443 EMERGENCY: 561 -5720 I j November 7, 1976 I City Council City of Brooklyn Center 6301 Shingle Creek Parkway I Brooklyn Center MN 55430 Gentlemen: A Special Board Meeting of the Brooklyn Center Fire Department Relief Association was held on November 1, 1976. The following recommendation was made and approved. Treasurer William Hannay was authorized to make the following purchase: .$.100,000 of Government National Mortgage Association Certificates at the interest rate of $% which mature on August 15, 2005. Cost of purchase is $99,875.00. We feel this is a wise investment and hope you will approve this action. Res etfully submitted, J es R. Vau 'n, Sec ooklyn Center Fire Dept. e ief Association I i Member introduced the following resolution and moved' its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED`' PUBLIC SERVICE OF MRS MARY STIRS WHEREAS, Mrs. Mary Stire served as a member of the Human Rights Commission from February, 1976 through September, 1976 and WHEREAS her devotion to the tasks and responsibilities of this Commission contributed substantially to the sound _progress and development of the City; and WHEREAS, her 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 Mrs. 'Mary Stire as a member of the Human Rights 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 EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. RICHARD FORSTROM WHEREAS, Mr. Richard Forstrom served as a member of the Conservation Commission from November, 1974 through September, 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. Richard Forstrom as a member of the Conservation 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 N O O. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. LOWELL WARD WHEREAS, Mr. Lowell Ward served as a charter member of the Housing Commission from October, 1973 through November, 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. Lowell Ward as a member of the Housing 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 EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. JAMES HART WHEREAS, Mr. James Hart served as a member of the Park Service Area V Committee; and WHEREAS, his devotion to the tasks and responsibilities of this Committee 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. James Hart as a member of the Park Service Area V Committee 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. 1 J. 07) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. DIANE SCHAKE WHEREAS, Mrs. Diane Schake served as a member of the Park Service Area V Committee; and WHEREAS, her devotion to the tasks and responsibilities of this Committee contributed substantially to the sound progress and development of the City; and WHEREAS ", her 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 Mrs. Diane Schake as a member of the Park Service Area V Committee 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 AUTHORIZING THE PURCHASE OF SHADE TREES WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise, materials or equipment, or any kind of construction work by informal quotations when - the amount of such contract is less than five thousand dollars ($5,000); and WHEREAS, -the City Manager has obtained quotations on - the purchase of shade - trees and has determined - that - the quotation of Instant Shade, Inc. in - the amount of $4,000 for shade - trees based on installed price of $30 per diameter inch plus $10 per diameter inch if - tree furnished by Instant Shade, 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 shade trees in - the amount of $4,000 from Instant Shade, Inc. 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 PURCHASE OF AUTOMATIC FLOOR SCRUBBER WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise, materials or equipment, or any kind of construction work by informal quotations when the amount of such contract is less 'than five - thousand dollars ($5,000); and WHEREAS, - the City Manager has obtained quotations on - the purchase of an automatic floor scrubber and has determined that the quotation of Budolfson Supply, Inc. in the amount of $1,350 for a Kent KA201B floor scrubber with accessories 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 one automatic floor scrubber in the amount of $1,350 from Budolfson Supply, Inc. 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. d the followin resolution and Member introduce g moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE GAS FIRED BOILER WHEREAS, Chapter 471,345 of the Minnesota Statutes provides for the purchase of merchandise, materials or equipment, or any kind of construction work by informal quotations when - the amount of such contract is less than five - thousand dollars ($5,000); and WHEREAS, -the City Manager has obtained quotations on the purchase of one gas fired boiler 290,000 BTU input, 520' 3/4 radiation element with damper pan cover with fitting and has determined -that the quotation of J. R. Younger in the amount of $3, 100 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 one gas fired boiler in - the amount of $3,100 from J. R. Younger. ® 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 DESIGNATING THE MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Midwest Federal Savings and Loan Association be and is hereby designated as a depository for the funds of the City of Brooklyn Center, Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that repayment is guaranteed by the Federal Savings and Loan Insurance Corporation. BE IT FURTHER RESOLVED that the persons generally authorized by the City Charter to act for the City in any of its business with the association are ' any persons holding office from time to time as City Manager and City Treasurer., BE IT FURTHER RESOLVED that the City Manager is Donald G. Poss , and the City Treasurer is Paul W. Holmlund. BE IT FURTHER RESOLVED that this designation is effective through December 31, 1976. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was p a duly b g g Y Y member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was as declar ed del passed adopted. e and ado Y P p • Member introduced the following resolution and moved µ its adoption: RESOLUTION NO. RESOLUTION DESIGNATING THE TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Twin City Federal Savings and Loan Association be and is hereby designated as a depository for the funds of the City of Brooklyn Center, Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that repayment is guaranteed by the Federal Savings and Loan Insurance Corporation. BE IT FURTHER RESOLVED that the persons generally authorized by the City Charter to act for the City in any of its business with the association are any persons, holding office from time to time as City Manager and City Treasurer. BE IT FURTHER RESOLVED that the City Manager is Donald G. Poss, and the City Treasurer is Paul W. Holmlund. BE IT FURTHER RESOLVED that this designation is effective through December 31, 1976. 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 DESIGNATING THE HENNEPIN FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Hennepin Federal Savings and Loan Association be and is hereby designated as a depository for the funds of the City of Brooklyn Center, Minnesota. The City Treasurer is authorized to deposit City funds therein to the extent that repayment is guaranteed by the Federal Savings and Loan Insurance Corporation. BE IT FURTHER RESOLVED that the persons generally authorized by the 'City Charter to act for the City in any of its business with the association are any persons holding office from time to time as City Manager and City Treasurer. BE IT FURTHER RESOLVED that the City Manager is Donald G. Poss, and the City Treasurer is Paul W. Holmlund. BE IT FURTHER RESOLVED that this designation is effective through December 31 , 1976. 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 REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 76056 WHEREAS, Planning Commission Application No. 76056 was submitted by Mr. T. L. Willard on October 14, 1976 requesting special use permission for a home occupation involving the use of an accessory structure at 6825 Drew Avenue North; and WHEREAS, testimony both for and against 'the request was heard by - the Planning Commission at - the duly called public hearing on October 28, 1976; and WHEREAS, the Planning Commission recommended approval of - the application by the City Council; and WHEREAS, the item was considered by - the ,City Council at a duly called public hearing on November 8, 1976; and WHEREAS, - the standards for Special Use Permits set forth in Section 35 -220 of the City Ordinances provide, in part, - that establishment, maintenance, or operation of - the special use will promote •th general welfare and will not be P p e n r P g detrimental to or endanger the public health, safety, morals or comfort; and, that the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood; and WHEREAS, Application No. 76056 meets such standards; NOW, THEREFORE, BE IT RESOLVED by the City Council of - the City of Brooklyn Center that Planning Commission Application No. 76056 submitted by T. L. Willard is hereby approved, subject - to - the following conditions 1 The special use as comprehended by the approved application is subject - to annual review. 2. Review of the special use will be for purposes of assuring it is conducted consistent with -the ordinance standards for Special Use Permits, and especially with respect 'to activity levels, light, and noise. 1 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. II� CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO CERTAIN RESIDENTIAL SIDE YARD SETBACKS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section l . Section 35 -400 (3) of the City Ordinances is hereby amended to read as follows: (3) ) Accessory buildings must be set back at least three (3) feet from an interior side lot line. Cin 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 (1) per cent of the gross floor area of the dwelling; there is no entrance or exitway facing the side yard; the side yard exterior wall of the expansion does not extend beyond the respective exterior wall of the garage; and all other • applicable ordinance requirements are met.] (b) 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: (1) All other yard setback requirements are met; (2) The remaining minimum ten (10) foot interior side yard, between the dwelling and the lot line, shall not be used for any accessory building; (3) 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 provision 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 appendage to the structure shall project more than one (1) foot into the minimum side yard setback. ORDINANCE NO. . d) Interior side yard setback 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 I I Mayor ATTEST. Clerk Date Published C Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) I 4 , I I I G7 h CITY OF BROOKLYN CENTER i 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, f lamps, transformers, and other fixtures and appurtenances, usually, conveniently, f 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.] T 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 event 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. (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 s 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 premises.1 r. 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.] rSection 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 Ordinance, provided that the assignee of such rights, by accepting such assignment shall become subject to the terms and provisions of this Ordinance.] (Section 9-206. 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 date of the publication of this Ordinance.] [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 cor2oration, its successors and assigns, hereinafter referred to as "Company", during the period of twenty (20) years from the effective date hereof, the right and 2rivilege of constructing according to s2ecifically approved permits, operating repairing, and maintaining, in, on, over, under, and across the streets, alle;s, and public ways of the City of Brooklyn Center, 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 purposes for public and private use in and to said Municipality and the inhabitants thereof and others, and for the purpose of transmitting 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 streets, 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 • date 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 imposition 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 last 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 exclud from the computation of gross revenues all sums received by the Company for electricity under its rate schedules for highway lighting, municipal street lighting, 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 purposes or for eminent domain purposes. 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 facilities 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 and 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 brought 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 defending 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 autho 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 -2 SEPARABILITY. Every section provision, or part of this ordinance is declared separate from every other section, provision, or part; and if any section, provi or part shall be held invalid, it shall not affect any other section, provision, or pa rt. Section 9 -211. ` ACCEPTANCE. Company shall, if it accepts this franchise and - the rights hereby granted, file a written acceptance of the franchise rights hereby granted with the City Clerk within ninety (90) days from the date of - the publication of this Ordinance • Section 9 -212. EFFECTIVE DATE. This Ordinance shall be in full force and effect fro and a f t er its passage and publication, as provided by law, and acceptance by Company Section 9 - PUBLICATION EXPENSE The expense of publication of this franchise ordinance sh be paid by the Company. Adopted this day, of 19 Mayor ATTEST; Clerk Published in - the official newspaper (Brackets indicate matter - to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 23 -010 is hereby amended as follows: ` Fee, (annual, un- less otherwise Type of License Required by Section License Expires stated) Taxi 21 -[103] 102 Dec. 31 [10.001 25.00 vehicle Off Sale Malt 11 -102, sub. 1 Dec. 31 (10. 001 35.00 Temporary On Sale 11 -102, sub. 1 Special 10.00 /daY 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, brackets indicate matter - to be deleted.) Licenses to be approved by the City Council on November 22, 1976. a CHRISTMAS TREE SALES LICENSE Bachman's Garden Store 1140 Brookdale Center a . J�1, '�'ryLCG City Clerk Q. CIGARETTE LICENSE Northwest Microfilm, ` Inc. 6840 -H- Shingle Cr. Pkwy, City Clerk MECHANICAL SYSTEMS LICENSE Allan Heating & Air Conditioning 5200 Eden Circle Building Inspector"' NONPERISHABLE FOOD VENDING MACHINE LICENSE o hw Inc. / / G N rt est Microfilm, 6840 H- Shingle Cr. V nitarian • J Q i • I