Loading...
HomeMy WebLinkAbout1977 01-24 CCP Regular Session CITY COUNCIL AGENDA City of Brooklyn Center January 24, 1977 7 :40 p.m. Call to Order 2 . Roll Call 3 . Invocation 4. Approval of Minutes - January 3, 1977 5. Authorize Execution of Federal Lumber Agreement 6. Rescind Final Plat Approval 7. Acknowledge Claim I . 8. Confirm Appointment 9. Authorize Performance Bond Reduction 10. Appointments: a. Northwest Hennepin Human Services Advisory Commission b. Housing Commission R. Resolutions: a . Amending 1 977 General Fund Budget b. Amending 1977 General Fund Budget c. Authorizing Purchase of Fire Alert Equipment d. Authorizing Purchase of Electric Generator e. Authorizing Purchase of Rescue Tool f. Declaring Hazardous Building g. Authorizing Reimbursement for Loss h. Approving Severance Terms i. Amending Housing Commission Residency Requirements 12. Planning Commission Items (8:00 p.m.): a. Application No. 77002 submitted by Roger Veih *t b. Application No. 77003 submitted by W. J. Dale 13 Ordinances: a. Amending Chapter 19 Regarding Storage of Certain Cars b. Amending Chapter 35 Relative to Library Rezoning c. Amending Council Salaries 14. Discussion Items: a. Fuel Conservation Measures b. IUOE Strike Update c. Official Newspaper Report 15. Licenses 16. Adjournment CITY MANAGER'S COMMENTS tem 5 Authorize Execution of Federal Lumber Agreement It is recommended that the Mayor and City Manager be authorized to execute an agreement with Federal Lumber Company and President Homes, Inc. The agreement pertaining -to off -site parking provisions, was directed by the City Council in connection with Planning Commission Application No. 76062 on December 20, 1976. Disposition Item 6 Rescind Final Plat Approval It is recommended that the City Council rescind its November 22, 1976 approval of - the Dale and Davies Second Addition plat relating to Planning Commission Application No. 76052 Mr. W. J. Dale requests the action because of a change of circumstances. Di sposition Item 7 Acknowledge Claim It is recommended that -the City Council formally acknowledge the notice of claim on behalf of Michelle Stout who was injured in an auto accident by a driver who allegedly purchased beer at a Municipal Liquor Store. Disposition Item 8 Confirm Appointment I intend Monday evening to request confirmation of an appointment to the Assessor's position. Disposition Item 9 Authorize Performance Bond Reduction It is recommended 'that the Council authorize a reduction from $54,000 'to $7,000 in the performance bond for CAL Corporation on behalf of the Humboldt Square Shopping Center. The recommended reduction reflects the satisfaction of certain work obligations associated with the performance bond. Disposition _r. 2 CITY MANAGER'S COMMENTS - Page 2 1 0tem 10a Northwest Hennepin Human Services Advisory Commission Pursuant to the 'terms of the joint Powers Agreement creating the Northwest Hennepin Human Services Council and a related Advisory Commission, the City of Brooklyn Center is entitled to 'two seats on 'the Advisory Commission. The appointments are to be made by the governing body for two year terms . Mayor Cohen will be prepared to recommend such appointments for Council consideration. Disposition Item 10b Housing Commission Mayor Cohen will be prepared Monday evening - to announce two appointments 'to the Advisory Housing Commission for City Council' confirmation. These appointments are affected by -the residency requirements feature reflected in item Ili in this agenda Disposition Item lla Amendin g 1977 General Fund Budget The attached resolution is recommended for the purpose of amending the 1977 General Fund Budget by transferring money from the Un- allocated Labor Account to various operating accounts consistent with wage adjustments approved in December, 1976. Disposition Item Ilb Amending 1977 General Fund Budget The attached resolution is recommended for the purpose of amending the 1977 General Fund Budget by increasing the Unallocated Labor Account in an amount equivalent to three month's worth of CETA Funds for an inspection aid and police officer position for which CETA Funds were initially not comprehended Disposition CITY MANAGER'S COMMENTS Page 3 _ *tem 1lc Authorizing Purchase of Fire Alert Equipment The attached resolution is recommended for the purpose of authorizing the purchase of five portable fire alerting monitors. This equipment which was ordered in December, 1976 will con- stitute an encumbrance against the 1976 budget and is within the overall 1976 budget authorization for the Fire Department Account. These five units plus ten units authorized in - the 1977 budget and plus seven units earlier authorized constitute the progress in the conversion of fire alert monitors. Disposition Item lld Authorizing Purchase of Electric Generator The attached resolution is recommended for - the purpose of authorizing - the purchase of an electric generator as part of - the equipment authorized - to outfit the new mini pumper /rescue vehicle comprehended in - the 1977 budget. Disposition - Item lle Authorizing Purchase of Rescue Tool The attached resolution is recommended for - the purpose of authorizing the purchase of a rescue tool as part of the equipment authorized to outfit the new mini pumper /rescue vehicle com- prehended in the 1977 budget. This equipment is patented, one of • kind, and is generally available on an order basis; consequently, • four vote approval is required under -terms of - the City Charter. Disposition Item 1 l Declaring Hazardous Building The attached resolution is recommended for the purpose of formally commencing action against hazardous building construction associated with the Riverbrooke Townhouses. Disposition i CITY MANAGER'S COMMENTS Pa ge 4 44 tem 11g Authorizing Reimbursement for Loss The attached resolution is recommended for the purpose of authorizing payment of $41 to Volunteer Fireman Ernest Morgan for the loss of his glasses at a fire scene. Disposition Item llh Approving Severance Terms I will be prepared Monday evening to present - the Council and recommend a resolution defining severance terms for retired City Assessor John Nordberg. Disposition Item lli Amending Housing Commission Residency Requirements The attached resolution is recommended for the purpose of amending • the Housing Commission enacting resolution - to reflect requested changes in 'the residency requirements for Housing Commissioners. Notwithstanding the various viewpoints on 'the substance of - the issue of citizen participation, the facts are - that despite rather intensive searching and encouraging, no candidates have come forth 'to represent the southwest neighborhood on - the Housing Commission. Housing Commissioners are, therefore, requesting that neighborhood residency requirements be eliminated. Disposition Item 13a Amending Chapter 19 Regarding Storage of Certain Cars The attached ordinance amending Chapter 19 was first read on December 20, 1976, published on December 30,1976 and is offered this evening for second reading and adoption. Disposition • CITY MANAGER'S COMMENTS Page 5 9 - 13b Amending Chapter 35 Relative - to Library Rezoning The attached ordinance amending Chapter 35 was first read on December 20, 1976, published on December 30 1976 and is recommended - this evening for second reading and adoption. Disposition Item 13c Amending Council Salaries The attached ordinance amending City Council salaries effective in 1978 was first read on December 20, 1976, published on January 13, 1977 and is offered this evening for second reading and adoption. Disposition Item 14a Fuel Conservation Measures . I will be prepared Monday evening to report on heating fuel conservation measures which have been administratively instituted in response 'to the impending fuel shortage. Disposition Item 14b IUOE Strike Update I will be prepared Monday evening to provide an update report to the City Council regarding the current International Union of Operating Engineers, Local No. 49 strike against Brooklyn Center and 20 other communities. Disposition Item 14c Official Newspaper Report Councilman Kuefler will be prepared Monday evening to comment on progress pertaining to the official newspaper issue which he was authorized to pursue. i Disposition PARKING PROVISIONS AGREEe!ENT THIS AGP.EEiEST is entered into this day of January, i977, by and among the City of Brooklyn Center, a municipal corperation under the laws or the State of Minnesota (the "City "); Federal Lumber Company, a Minnesota corporation, and President Homes, Inc. WHEREAS, the Federal Lumber Company for President Homes, Inc., has applied to the City through Planning Commission_ Application No. 76062, for site and building plan approval for a proposed addition to the structure occupied by President Homes, Inc., at 4810 Lilac Drive '-North, on the property described as Tract B, Registered Land Survey No. I 546 on file at the Registrar of Titles Office, Hennepin County, Minnesota; and WHEREAS, the City Council of the Citv of Brooklyn Center, as a condition of granting said approval, has stipulated that the applicara, prior to issuance of a building permit, shall enter into a written agreement with the City to provide adequate on -site off - street parking, and the responsibility to install such parking as needed. I NOW, THEREFORE, it is hereby mutually agreed and understood b,7 the parties, that in consideration of site and building approval associated with Planning Commission_ Application No. 76062, that: 1} Federal Lumber Company and President Homes, Inc., are ter 35 of Cit Ordinances, to provide obligated cons�sten_t with Cha p Y sufficient on -site off - street parking, such that customers and embloyaes need not park on public streets or other adjacent public property; 2} The installation by Federal Lu mber Company and President Homes, Inc., of 20 or more City approve: accessory parking stalls on the adjacent Cook Paint property, will be considered by the City as an alternate to the like nu-ber of on -site off- street parking stalls necessary to meet said parking obligations; 3} Said parking obligation shall apply to present owners and d President Homes, all future owners of the Federal Lumber Company a Inc., Property. IN WITNESS w'HEREOF, the parties hereto have caused this agreement to be executed this day and year first above written. -1- PRESIDENT HOMES, INC. By: 0 Its 'resident r Its Secr etary (Corporate Seal) In presence of: ) TATE OF MINNESOTA ) OUNTY OF HENNEPIN ) ss. On this 27 day of December , 19 76 before _me, a Notary Public in and for said County, personally appeared HARVE A. LUBOV and S.-iIRLEY LUBOV , to me personally known, who being each by me duiy sworn did say that they are respectively the President and the Secretary . of .the corporation a� n - ned in the foregoing i - m instrument, an a t, d that the sear affixed to said instrument P } u ent is the corporate seal of said corpora� ion, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of dirctors and said HARVEz A. LI3BOV and SHIRLEY LUBOV acknowledged said instrument to be the .free act and deed of said corporation.,,., Notary Pubic, HennepAn Co., inn. - .,My, .commission expires (NOTARIAL SEAL) -2- I FEDERAL LUMBER COMPANY f BY: Its President i ItS i (Corporate Seal) In presence of: V. TATE OF MINNESOTA GUNTY OF HE•NNEPIN ) SS. On this " day of X. _ , 19 before me, a Notary Public i and for said County, personally appeared n to me and , persIonally known, who being each by me duly sworn did say that they are respectively the President and the s . ml of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in 'M of said corporation/ by authority of its, of ;.A and said and /.. g acknowledged said "instrument tq, be the tree act and deed of said corporation. Notary Public, Hennepin Co., Minn. My commmission expires (NOTARIAL SEAL) -3- CITY OF BROOKLYN CENTER By. r Its Mayor 1 By. Its City Manager (Corporate Seal) In presence of: STATE OF MINNESOTA) COUNTY OF HENNEPIN } ss. On this day of 1977, before me personally appeared and me personally known, who being each by me duly sworn, did say that ey are respectively the Mayor and the City Manager of the City of Brooklyn Center named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said City by authority of its City Council and said and acknowledged said instrument to be the .free act and deed of said City. Notary Public County, Minn. My Commission Expires: -4- �I MACKALL, CROUNSE & MOORE LAW OFFICES � OYD E' NELSON 1000 FIRST NATIONAL BANK BUILOING rI� CCU14SEL HALO A, MORKEN HENRY C MACKALL e OERICK L. THORSON MINNEAPOLIS, MINNESOTA S5402 THOMA6 P. HEUr EY JAMES P. HANNAH WINSTON E. MUNSON _. _.....___ C LAY R. MOORE ;333 -1341 CONNOR F. SCHMIO p� E!• CCOC fi12 FPEOERIL✓ �. STIN_ -1 FIE L3 -19SO) VAl M. HlGGINS - PEP. /. _ MOORE '1994 -1959 LOPENS q, BRYN.ESTAC CONnLC A. HOOP —S :934 - WOODBURY H,ANORE'WS RreER C4OUNS EI1993 -19741 GEORGE R. A, JOHNSON. ROGER V, STAGEBERG ANOREW P. CLARK FRANK A. DVORAK - ROBERT O. GISVOLO MARY IN C. INGBER December 30 1976 PRAN2 P. J EYNE, 1'J. December GREGORY J. PULLES - MARTIN V AYDELCTT - JOHN O. CRUMRINE ROBERT S. LEE JOHN B.LUN000 IST JAMES T. S'WENSON Mr. Al Lindman 0 4 1977 City Clerk t -9 CF ;,;4,jjj "rCfit; City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Sir: Re: Stout - Personal Injury Enclosed herewith and served upon you is my client's formal notice to the City Councilor other governing body of Brooklyn Center of her claim under Minnesota Statutes Annotated §340.95. Could you please insure that this notice is presented to the said council or governing body at its next regular meeting. Very truly yours, MACKALL, CROUNSE & MOORE By James T. Swenson JTSdd Enclosure • MACKALL, CROUNSE & MDL7RE LAW OFFICES AM F:NELSON ICOO FIP5T NATIONAL BANK BUI_OING �..- ,E ALG A, MORKEN A -- A`L nCPiCK L.THORSON MINNEAPOLIS, MINNESpTA 55402 FS E. HANNAH WINSTON E. MUNSON CLAY R. MOORE -• n fONNOR F SC.H MIO _5 _ VAL M. HIGGINS l:. -A - ... [ LORFNS 0. BRYNESTAO .' "4 -. W(lOOI7UPY. H. A NOR E 015 �i3 GEONGF P, A. JOH[.S iN RO5F V V. STAGEEERG ANOREW P. CLARK FRANK A. OVORAK ROBERT . GI EE December 30, 1976 M N C. INGSR ARVI rR A N 2 P. J E V N E, iU . R E G OR YJ,PULLE5 MARTIN V, AYOELOTT- JOHN 0. CRU MRINE ROBERT S. LEE JO, B JAMES T. S WEN50N City Council of the of Brooklyn Center Offices of the City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Gentlemen: 'I Re: Stout - Personal Injury This letter is to inform you of Mike Stout's and his daughter Michelle Stout's claim against the City of Brooklyn Center for damages on account of an injury within the scope of Minnesota Statutes Annotated, Section 340.95. (1) On October 1, 1976, at approximately 6:15 p.m. the Brooklyn Center Municipal Lic; e uor Store located at 63rd and Brooklyn Boulevard sold a six pack of Michelob beer and a bottle of rum to one John Allen Lund of 5113 Ewing Avenue North. (2) Michelle Stout of 235 West Eagle Lake Drive, Maple Grove., Minnesota 55369 was injured as a direct result of the aforementioned sale. (3) The injury occurred around 9:30 p.m. on October 1, 1976, on the main street in downtown Osseo, Minnesota. Very truly yours, MACKALL, CROUNSE & MOORE By James T. Swenson • JTS:dd Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGET WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may, by majority vote of its members, transfer unencumbered appropriation balances from one office, > department or agency to another within the same fund; and WHEREAS, on October 4, 1976, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1977; and WHEREAS, when said budget was adopted, 1977 salaries and wages for City employees had not been set; and WHEREAS, the City Council did appropriate funds for departmental labor in the amount of $135,000 to Unallocated Departmental Labor to provide funds for final 1977 salary and wage settlements; and WHEREAS, on December 6, 1976, the City Council did adopt Resolution No. 76 -171 which authorized the Mayor and City Manager to execute a 1977 labor agreement with the Teamsters Public and Law Enforcement Employees Union, Local No. 320; and WHEREAS, on December 6, 1976, the City Council did adopt Resolution No. 76 -173 which set salaries and wages for the year 1977 for employees in the police bargaining unit and all nonorganized City employees; and WHEREAS, effective January 1, 1977, the employee hospital - medical insurance monthly premiums were increased by $5.02 for single employees and by $13.90 for family coverage; and WHEREAS, the City Council is committed by labor contract, effective January 1, 1977, to pay a maximum of $65 per month per employee toward health, life and long term disability insurance for permanent full -time employees in the police bargaining unit represented by Teamsters Local No. 320; and WHEREAS, on December 6, 1976, the City Council did adopt Resolution No. 76 -172 which increased the maximum City contribution for the monthly hospital - medical premiums for its nonorganized permanent full -time employees by $10 per month (to $50): NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer $112 , 569 from the Unallocated Departmental Labor Appropriation (Account No. 01 -4100- 000 -81) to the following departmental a ppropriations ELECTIONS AND VOTERS REGISTRATION Salaries Regular Employees (01- 4100- 000 -14) $ 97 RESOLUTION NO. CITY MANAGER'S OFFICE Salaries , Regular Employees (01- 4100- 000 -13) $ 6,872 Hospitalization Insurance (01-4151-000-13) 707 Deferred Compensation (01- 4157 - 000 -13) 1,500 ASSESSING Salaries, Regular Employees (01 4100 - 000 -15) 2,340 Hospitalization Insurance (01 -4151- 000 -15) 240 FINANCE Salaries, Regular Employees (01- 4100- 000 -16) 2,934 Hospitalization Insurance (01- 4151 - 000 -16) 420 GOVERNMENT BUILDINGS Salaries, Regular Employees (01 -4100- 000 -19)- 4,572 Hospitalization Insurance (01 -4151- 000 -19) 660 POLICE PROTECTION Salaries, Regular Employees (01 -4100- 000 -31) 58,656 Hospitalization Insurance (01- 4151 - 000 -31) 10,320 FIRE PROTECTION Salaries, Temporary Employees (01- 4130 - 000 -32) 780 PLANNING AND INSPECTION Salaries, Regular Employees (01- 4100 - 000 -33) 4,874 Hospitalization Insurance (01- 4151 - 000 -33) 480 EMERGENCY PREPAREDNESS Salaries, Regular Employees (01 -4130- 000 -34) 660 Salaries, Temporary Employees (01- 4130 - 000 -34) 246 ENGINEERING Salaries, Regular Employees (01- 4100 - 000 -41) 7,764 Hospitalization Insurance (01- 4151- 000 -41) 900 STREET CONSTRUCTION AND MAINTENANCE Salaries, Regular Employees (01 -4100- 000 -42) 1,915 Hospitalization Insurance (01- 4151- 000 -42) 360 VEHICLE MAINTENANCE Salaries, Regular Employees (01- 4100 - 000 -43) 213 RECREATION AND PARKS SUPERVISION Salaries, Regular. Employees (01- 4100- 000 -61) 4,092 Hospitalization Insurance (01- 4151 - 000 -61) 540 PARK MAINTENANCE Salaries, Regular Employees (01 -4100- 000 -69) 427 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 AMENDING THE 1977 GEN FUND BUDGET WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates; and WHEREAS, the Comprehensive Employment Training Act (CETA) does provide federal financing to create temporary public service jobs to the unemployed; and WHEREAS, on October 4, 1976, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1977; and WHEREAS, at the time of the adoption of the 1977 Budget, the Federal CETA program was scheduled to end prior to December 31, 1976; and WHEREAS, the positions of Inspection Aid, Department of Planning and Inspection and one Police Officer, Police Department were funded from other sources in the 1977 Budget because of the apparent inavailability of Federal CETA funds; and • WHEREAS, the City was subsequently notified that federal CETA funding had been extended through March 31 1 977 BE IT THEREFORE RESOLVED by the City Council of the City of Brooklyn Center to amend the 1 977 General Fund Budget by increasing the Unallocated Departmental Labor Appropriation (Account No. "01 -4100 - 000 -81) by the amount of $5,343, (the amount to be funded by Federal CETA funds for the three month period for the positions of Inspection Aid and Police Officer) . 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 FIVE POCKET TYPE RADIO PAGERS WITH AMPLIFIER 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 pocket type radio pagers with amplifiers and has determined that the quotation of Motorola Corporation in the amount of $1, 595 for five pocket - type radio pagers with amplifier is 'the best quotation submitted. NOW, THEREFORE,, BE IT RESOLVED by City Council of the City of Brooklyn Center that 'the City Manager be authorized - to contract for - the purchase of five pocket type radio pagers with amplifier in - the amount of $1,595 from Motorola Corporation 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 5000 WATT PORTABLE ELECTRIC GENERATOR 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 a 5,000 watt electric generator and has determined that - the quotation of Flaherty Equipment Company in - the amount of $1,236 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 a 5,000 watt electric generator in the amount of $1,236 from Flaherty Equip- . ment Company. Date Mayor ATTEST Clerk The motion for - the adoption of - the foregoing resolution was duly seconded by member r and upon vote being taken. thereon the following P g g 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 POWER RESCUE TOO 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 a Hurst Power Rescue Tool with accessories consisting of aircraft jaws and power shears, and has determined that the quotation of Akins Fire Equipment Company, 55th and Humboldt Avenue North, Brooklyn Center, in the amount of $4,947 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 a Hurst Power Rescue Tool in -the amount of $4,947 from Akins Fire Equipment Company. Date Mayor ATTEST: Clerk The motion for - the adoption of - the foregoing resolution was duly seconded by member , and upon vote being - taken thereon, -the following voted in favor thereof: and - the following voted against the same; whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: . RESOLUTION NO. RESOLUTION ORDERING THE RAZING AND REMOVAL OF THE HAZARDOUS BUILDING CONSTRUCTION ON LOTS 19, 20, 21 22, 23, 24, 25, 26 AND 27, ALL OF BLOCK 1, RIVERBROOKE TOWNHOUSES, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTRAR OF TITLES IN AND FOR HENNEPIN COUNTY STATE OF MINNESOTA WHEREAS, IDS Mortgage Corporation and Wyatt Corporation are the record owners of property legally described as 19 through and including 27, all of Block l', Riverbrooke Townhouses, Hennepin County, State of Minnesota, located in the City of Brooklyn Center; and WHEREAS, Willis Dahn, Building Inspector for the City of Brooklyn Center has inspected said property, the latest inspection occurring on December 20, 1976, and found that said property contains nine concrete block foundations, intended for the subsequent construction of townhouse units and one partially constructed swimming pool, has found that the said concrete block foundation walls and swimming pool were constructed approximately three and one -half years ago with no further construction, has found that the concrete block of said walls is coming loose, that the basement and swimming pool constitute an unforeseen pit dangerous • to unsuspecting pedestrian traffic, that the said basement and swimming pool occasionally fill with water and melted snow, constituting a hazard to children; and WHEREAS, Willis Dahn, Building Inspector for the City of Brooklyn Center has found that attempts to remedy this hazard by use of a snow fence and the placing of plywood sheets over the above described swimming pool have been inadequate, ineffective and unsuccessful attempts to cope with and eliminate this hazard; and WHEREAS, Willis Dahn, Building Inspector for the City of Brooklyn Center has formed the opinion that the said concrete block basement foundation walls and swimming_ pool located on the above described premises constitute a public nuisance, dangerous conditions and hazard to the public welfare, safety and health because they constitute and exist as unprotected pits, occasionally filling with water, into which children may fall or be drowned; and WHEREAS, IDS Mortgage Corporation and Wyatt Corporation, upon due notice of the hazard nature of said basement foundations and swimming pool, have refused to raze and remove the said foundations and pool and their attendant hazards. RESOLUTION NO. ° NOW, THEREFORE, BE IT RESOLVED that IDS Mortgage Corporation and • Wyatt Corporation, their heirs and assigns, shall be ordered to raze and remove the hazardous concrete block foundation walls and partially constructed swimming pool, on that premises legally described as lots 19 through 27, all of Block -1, Riverbrooke Townhouses, Hennepin County, State of Minnesota, said action being taken pursuant to Chapter 463 of the Minnesota Statutes on the ground that said building and its premises are hazardous to the public safety, welfare and health within the meaning of Minnesota Statute Section 463.15 and Section 463.25; BE IT FURTHER RESOLVED, that the said IDS Mortgage Corporation and Wyatt Corporation, their heirs and assigns, must either comply with this order within twenty days from the date of service thereof upon` them or within twenty days therefrom file an answer thereto or a motion for summary enforcement of this order will be taken by the City of Brooklyn Center in the Hennepin County District' Court. 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 REIMBURSEMENT FOR PERSONAL LOSS WHEREAS, on October 11, 1976 the Brooklyn Center Fire Department was engaged in extinguishing a fire in the Kylawn Park nature area; and WHEREAS, fireman Ernest Morgan in performing his duties was accidentally struck by a water stream causing - the loss of his glasses; and WHEREAS, the cost of replacing - the glasses amounted -to $41: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center - to authorize reimbursement -to fireman Ernest Morgan in the amount of $41 to replace glasses lost in the line of duty. BE IT FURTHER RESOLVED that such payment be made from budget Account No. 32, Object No. 4220. 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 / CITY OF 6301 SHINGLE CREEK PAf�KWA�' BROOKLYN CENTER, MINNESOTA 55430 C E TELEPHONE (612) 561 -5440 y "" E" Mr. Donald Poss 6301 Shingle Creek Parkway Brooklyn Center, Minnesota January 7, 1977 Dear Mr. Poss This letter is in regards to the telephone conversa we had regarding Ernest Morgans loss of glasses at a fire scene. The amount of the loss was forty -one $41.00. The following incident occurred on October 11, 1976. We (Fire • Department) were engaged in extinguishing a fire in the Kylawn Park nature Area and were using our deluge gun to flood the area. There were also some men out with hand lines. Someone on the truck swung the deluge gun, knocking Ernie's glasses off his face. We made extensive searches in the area and due to the number of holes, we could not locate hiss glasses. We made a claim to the insurance company but because he did not sustain any injuries the Company denied payment. I feel that somewhere we should have money to reimburse Mr. Morgan for his loss of glasses. Sincerely, Ronald Boman Chief of Department RE3:db " t e .Sametlu q Rmt ,• Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the housing situation in Brooklyn Center has reached a point in its development which requires a concentrated effort in the development of housing standards 'to protect - the quality of life in the community; and WHEREAS, Brooklyn Center shows the beginning of some housing deterioration and it is a common fact that deterioration can quickly reach a point where repair is no longer feasible and de'teriora'tion will - then spread to the entire neighborhood causing blight; and WHEREAS, for a housing program - to be successful, it must involve citizen participation to tailor the program to - the citizens of Brooklyn Center; and WHEREAS, the City of Brooklyn Center being a progressive community, must commit itself to - the maintenance of quality housing for its citizens: NOW, THEREFORE, BE IT RESOLVED by - the Brooklyn Center City Council that there is hereby established within - the City of Brooklyn Center an advisory Housing Commission as follows: Subdivision 1 TITLE: This organization shall be known as - the Brooklyn Center Housing Commission. Subdivision 2. SCOPE: The scope of activity of -this Commission shall consist of advising - the City Council and other Brooklyn Center advisory commissions regarding matters relevant to housing. Subdivision 3. PURPOSE: The general purpose of - this Commission shall be to afford citizen input in the development of a housing program to supplement the activities of - the City Council Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Advise, investigate and review relevant matters for 'the City Council RESOLUTION NO. (2) Develop an overall plan for housing in line with the comprehensive plan for Brooklyn Center and the needs of 'the metropolitan area. (3) Serve as a forum for 'the citizens of Brooklyn Center to voice - their opinions regarding housing matters. (4) Work closely with - the Planning Commission and all other commissions on matters regarding housing. (5) Work with -the neighborhood advisory committees of the Planning Commission to understand the housing needs of each area of Brooklyn Center. (6) Develop and recommend standards for occupancy and maintenance of housing for the community. (7) Study - the feasibility of establishing an occupancy permit program in conjunction with a housing maintenance code in Brooklyn Center. (8) Investigate new and innovative concepts in housing for 'the community. (9) Develop and recommend programs which will provide quality housing for low and moderate income citizens. (10) Develop and recommend a rehabilitation program as needed for existing housing in Brooklyn Center. (11) Understand - the financial resources available to the citizens in Brooklyn Center as it relates to housing. (12) Investigate all housing programs in - terms of life safety. (13) Provide education seminars for the citizens of Brooklyn Center in matters of housing. (14) Serve as the initial review and advisory body for - the Board of Appeals regarding contested compliance orders pursuant - to the Housing Maintenance and Occupancy Ordinance, Sections 12 -1202 and 12 -1203. • RESOLUTION NO. Subdivision 5. COMPOSITION: The Commission shall be composed of a chairman and eight members Subdivision 6. MEMBERS METHOD OF SELECTION - TERM OF OFFICE - REMOVAL: Chairman: The Chairman shall be appointed by the Mayor with majority consent of the City Council. The Chairman may be removed by the Mayor with majority consent of the Council. The Chairman shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: (1) Preside over meetings of the Commission; (2) Appear or appoint a representative to appear before the City Council and City advisory commissions to present the view - point of the Commission in matters pertaining to housing; (3) Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; (4) Provide liaison with other governmental and voluntary organi- zations on matters relevant to housing. Vice Chairman A Vice Chairman shall be selected annually by the Chairman from the members of the Commission. The Vice Chairman shall perform such duties as may be assigned by the Chairman and shall assume the responsibilities of the chair in the absence of the Chairman. Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council for staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall con- tinue to serve until his successor is appointed and shall have qualified. Residency Requirements: Commission members shall be Brooklyn Center residents and may be appointed on an at- large basis after giving con - sideration to the geographic neighborhoods as described in Subdivision 11 . Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission and shall represent a broad range of interest in the housing function. RESOLUTION NO. • Initial Appointment: The Commission under this resolution shall become effective September 1 , 1973 and shall consist of three members appointed for a term through December, 1974, three members appointed for a term through December, 1975, and three members appointed for a term through December, 1976. Resignations Removal from Office - Vacancies: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings shall con - stitute automatic resignation from office. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Compensation: Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairman during October, 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairman. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the Commission as may be assigned by the Chairman. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his Councilman- appointee shall serve as an ex officio member of the Commission privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Subdivision 11. NEIGHBORHOODS: Neighborhoods Described: Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. RESOLUTION NO. • Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI -94; and on the west by Brooklyn Boulevard. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. Neighborhood Advisory Committees: Commissioners shall be assigned by the chairman as liaison to neighborhood advisory committees of the • Planning Commission. It will then be a responsibility of each neighbor- hood advisory committee of the Planning Commission to review housing matters and present the neighborhood attitudes and opinions on general and specific housing programs directly,affecting that neighborhood. BE IT FURTHER RESOLVED that this resolution supersedes Resolution No. ' 73 -140 adopted August 20, 1973 and Resolution, No. 75 -97 adopted May 19, 1975. 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. MEMORANDUM TO: Mayor Cohen and Members of the City Council FROM: Lou Howard, Housing Commission Chairman DATE: January 19, 1977 SUBJECT: Housing Commission Enabling Resolution The Housing Commission is presently faced with a problem that can only be rectified by the City Council. I am certain that the Council is well aware that the Housing Commission has sought to fill a vacancy from the Southwest area of the City since the resignation of former Commissioner James Kohrt on February 23, 1976. The Commission and our Council Liaison have unsuccessfully attempted to urge persons living in this area to step forward and offer their services by seeking appointment to the Commission. Commissioner Lowell Ward, representing the Central Neighborhood, has also recently resigned from the Commission (effective November 8, 1976) . in our efforts to seek applicants for these vacancies we have attracted two highly interested citizens that seem well qualified for the present vacancies. The problem that has arisen is that only one of these prospective Commissioners can be recommended because of the residency requirements contained in our enabling resolution. Commission membership is limited to at least one Commissioner from each of the six advisory group neighborhoods and three at large positions including the Chairman. It is further limited by the provision that requires there be no more than two members residing in the same neighbor- hood. The Housing Commission at its January 11 , 1977 meeting extensively discussed this problem. The Commission understands the benefit of geographic represen- tation on the Housing Commission which tends to give the Commission a neighborhood perspective of various housing concerns as well as a feeling for housing concerns throughout the community. The Commission also feels it is important that Housing Commission members participate as members of the various Neighborhood Advisory Groups. On the other hand, the Commission sees a more compelling need to have a full and active Commission made up of persons that are strongly interested and motivated enough to actively pursue the goals, duties and responsibilities of the Commission The question also surfaces regarding the homogeneity of the various neighborhood designations. Do the neighborhood boundary lines confine similar housing concerns and problems to a particular area? I would venture to say, for instance, that there are more like type housing problems and concerns between certain areas of the Southwest and Southeast Neighborhoods than there are common denominators between the various portions of the Southwest area alone. City Council -2- January 19, 1977 The result of the Commission's deliberation over the problem of geographic repre- . sentation versus interest, ability and desire to serve, was that I was instructed to convey to the Mayor and City Council the Commission's desire that the Housing Commission Enabling Resolution (Resolution Nos. 73 -140 & 75 -97) be amended so that geographic representation does not continue to be the primary factor, and also the primary obstacle, for determining appointments to the Housing Commission. The Commission would very much like to see the appointing authority attempt to make appointments giving consideration to geographic representation. The Commission would also like to retain and continue the practice, as specified in its bylaws, of having specific Commissioners automatically being members of their particular Neighborhood Advisory Group. Geographic representation in the Commission should be a consideration, but the primary factor for appointment should be a person's interest, ability and desire to serve on the Commission. If this were the major criteria the Commission would be more assured of a full and active membership of interested and concerned Commissioners with an attempt to distribute the membership geographically. This, the Commission feels, would be better than having vacancies that can not be filled because of a failure to attract persons from a certain area. • CITY OF BROOKLYN CENTER ORDINANCE NO. ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 Section 19 -1303 of the City Ordinances is hereby amended - to read as follows: PARKING AND STORAGE. W— �th_the exception of appropriately licensed pioneer, classic, or collector vehicles as defined in Minnesota Statutes Section 168.10 no person shall park, keep, place or store, or permit 'the parking or storage of a junk vehicle on a public street or alley or on any private lands or premises which he owns, occupies or controls unless 'the junk vehicle shall be within building on such premises. Appropriately licensed but inoperable pioneer, classic, or collector vehicles as defined by Minnesota Statutes Section 168. 10 may be stored on 'the owner's property provided that such vehicles are screened from public view by means of a six foot opaque fence 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 (Underline indicates new matter.) 3' CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO REZONING CERTAIN PROPERTY FROM R -1 TO C -1 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -.1170 is hereby amended by 'the addition of the following: That part of Lot 1, Block 1, Library Terrace Addition and of Lot 29, Audi'tor's Subdivision No. 216 bounded on 'the west and south by the centerline of Northport Drive; on the east by the centerline of State Highway No. 152; and on the north by a line, extending east - to west between the centerline of said State Highway and of Northport Drive, said line being parallel 'to and 165 feet southerl o f the south property lin of Lots 3 and 4, Block 7, Nor 1st Addition. 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 (Underline indicates new matter.) i CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE FIXING COUNCIL SALARIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Effective January 1, 1978 and thereafter until legally amended the monthly salary for Councilmen shall be $345 and - the monthly salary for Mayor shall be $540. Section 2. This ordinance shall be effective after adoption and thirty days' following its legal publication. Adopted this day of 19 Mayor �j ATTEST: Clerk Published in -the official newspaper Effective date e f Member introduced the following resolution and moved' its adoption RESOLUTION NO RESOLUTION APPROVING 1977 -78 COLLECTIVE BARGAINING AGREEMENT WITH LOCAL NO. -49, INTERNATIONAL UNION OF OPERATING ENGINEERS WHEREAS, the Brooklyn Center bargaining unit of Local No. 49, International Union of Operating Engineers has been on strike since 12:01 a.m. Wednesday , January 12, 1977; and WHEREAS the City Manager reports that on January 23 the union ratified certain contract terms proposed by -the State Mediator; and WHEREAS, 'the City Manager and affected members of the Metropolitan Area Management Association on behalf of participating employer municipalities recommend employer approval of the State Mediator's contract proposals; and WHEREAS, 'the City Council accepts the City Manager's recommendation that 'the terms 6f the tentative agreement be ratified: NOW, THEREFORE, BE IT RESOLVED by the City Council of - the City of Brooklyn Center to agree to - the incorporation of the following terms and conditions of employment in a 1977 -78 collective bargaining agreement with Local No. 49, International Union of Operating Engineers; s 1 . Length of Contract. The agreement shall cover - the period from January 25, 1977 through December 31, 1978. 2. Wages. - Effective January 25, 1977 40 per hour across -the -board shall be applied to 1976 wages for all job classifications in the bargaining unit. Effective January 1, 1978 40� per hour across -the- board shall be applied to all 1977 wages for all job classifications in - the bargaining unit. Permanent employees hired after December 31 1976 shall be paid 90% of the job classification wage during 'the first year of employment, 95% during the second year of employment, and 100% thereafter. 3. Effective with - the February, 1977 premium` payment and thereafter during calendar years 1977 and 1978, - the employer will contribute a maximum of sixty ($60) dollars per month per employee toward health and life' insurance. BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute a 1977 -1978 collective bargaining agreement with Local No. 49, International -' Union of Operating Engineers, incorporating said terms and conditions of employment. t t' l RESOLUTION NO. 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 same: whereupon said resolution was declared duly passed and adopted. i Licenses to be approved by the City Council on January 24, 1977. CIGARETTE LICENSE e , Duke's Standard 6501 Humboldt Ave. N. Duke's Standard 6600 Lyndale Ave. N. Ideal Northbrook Drug 6800 Humboldt Ave. N. Servomation 4301 68th Ave. N. n � Brooklyn Center Post Office 6848 Lee Ave. N. Dayton's 1100 Brookdale Center J Donaldson's 1200 Brookdale Center % Iten`Chevrolet 6701 Brooklyn Blvd. J. C. Penney's 1265 Brookdale Center State Farm Insurance 5930 Shingle Cr. Pkwy, w Servomation 4301 68th Ave. N. City C le k GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Cleanway Sanitation, Inc. Box 90 Sanitarian V GASOLINE SERVICE STATION LICENSE Duke's Standard 6501 Humboldt Ave. N. Duke's Standard 6600 Lyndale Ave. N. City Cie • MECHANICAL SYSTEMS LICENSE Marsh Heating and Air Cond. 6663 Cardinal Circle �J Buildin" Inspector- NONPERISHABLE FOOD VENDING MACHINE LICENSE ( , Duke's Standard 6501 Humboldt Ave. N. 1 L� Sanitarian PERISHABLE FOOD VENDING MACHINE LICENSE Duke's Standard 6501 Humboldt Ave. N. F Sq itarian I RENTAL DWELLING LICENSE s Initial: David Zemke 6811 -13 Noble Ave. N. �— Renewal: Interim, Inc. Hi Crest Apartments James McDonnell & Jerome Simons Jr. 6715,17,19,21 Humboldt Elliott Karasov 6737, 6743 Humboldt PIA Ira Sklader 6807 13, 19 Humboldt Transfer: Warren Samuelson & Wayne Rowley 4200, 4204 Lakebreeze �-Y- Dennis Brekke 3 601 47th Ave . N. Director of Planning and Inspection