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HomeMy WebLinkAbout1977 04-25 CCP Regular Session CITY COUNCIL AGENDA' City of Brooklyn Center April 25, 1977 7 :30 p.m. 0 1. Call to Order 2 . Roll Call 3 . Invocation 4. Approval of Minutes April 11, 1977 5 Brooklyn Center Jaycees Presentation 6. Approve Final Plat 7. Appointments and Resignations 8 Approve Agreement 9. Public Hearings (8:00 p.m.): a. Water Main Improvement Project No. 1977 -1 b. Sanitary Sewer Improvement Project No. 1977 -2 c. Street Surfacing Improvement Project No. 1977 -3 d. Curb and Gutter Improvement Project No. 1977 -4 e. Sanitary Sewer Improvement Project No. 1977 -5 f. Street Surfacing Improvement Project No. 1.977 -6 g. Water Main Improvement Project No. 1977 -7 h. Sanitary Sewer Improvement Project No. 1977 -$ i 10. Resolutions`: a. Ordering Construction of Improvement Project No. 1977 -1 f b. Ordering Construction of Improvement Project No. 1977 -2 c. Ordering Construction of Improvement Project No. 1977 -3 d. Ordering Construction of Improvement Project No. 1977 -4 e. Ordering Construction of Improvement Project No. 1977 -5 f. Ordering Construction of Improvement Project No. 1977 -6 f g. Ordering Construction of Improvement Project No. 1977 -7 h. ? rr erina Con str uc�tion of Improvement Project No . 19 77 -�8 i Awa MI. ., Contract No. 1977 -A J . Awarding Contract No. 1977 -B do.-46.4- k. Approving Preliminary Plans for FI -94 ($:30 p. m.) 1. Awarding Bid for Bituminous Oil m. Awarding Bid for Plant -mixed Bituminous Material n. Awarding Bid for Stabilized Gravel and Seal Coat Aggregate 1 o. Authorizing Bids for Contract No. 1977 -C ( L0 p. Establishing Walkway Bridge Improvement Project No. 1977 -10 q. Denying Planning Commission Application No. 77009 r. Opposing H.F. 805 S. Substituting Subdivision Bond Responsibility t. Commending Public Service CITY COUNCIL AGENDA continued - 11. Planning Commission Items (9:30 p.m.) a . Application No. 77001 Submitted by Richard Rockstad_ b. Application No. 77013 Submitted by Mary Super c Application No. 77015 Submitted by Robert DeGardner d. Application No. 76041 Submitted by Meadow Corporation e. Application No. 76044 Submitted by Meadow Corporation 12. Ordinances; a. A - Cha�pte r 35 13. Discussion Items: a Home Improvement Grant Program b. Insurance Company Defense Denial c. Projects Status d. Annual Fire Relief Association Financial Statement 14. Licenses 15. Adjournment CITY MANAGER'S COMMENTS *Item 5 Brooklyn Center Jaycees Presentation Mr. Tom Howard of the Brooklyn Center - Jaycees will be available Monday evening to make a presentation to the City Council regarding a 'tree replacement program primarily related to Dutch elm disease. Disposition Item 6 Approve Final Plat We will be prepared Monday evening to recommend approval of the final plat of the development formerly known as the Shores Townhouses and presently known as Moorwood Townhouses. The Homeowners Association documents have been thoroughly reviewed by City Attorney and staff, and recommended changes have been made including a change in the name of the Homeowners Association. The developer has declined to change the name of the plat document, however. It is recommended - that approval of the final plat be conditioned upon the developer paying - the City's extraordinary legal costs incurred in reviewing and recommending modifications of the • Homeowners Association documents. Disposition Item 7 Appointments and Resignations The resignation of Park and Recreation Commissioner Margaret Whittaker will be placed before the City Council Monday evening. In addition, the Mayor will be prepared - to make certain other appointments to vacancies in the various commissions. Disposition Item 8 Approve Agreement i It is recommended °that - the City Council authorize the Mayor and City Manager to execute a standard and routine agreement with First Wisconsin National Bank of Milwaukee regarding the maintenance of utilities in the Moorwood Townhouses project. . Disposition CITY MANAGER'S COMMENTS Page 2 Item 9 Public Hearings Improvement hearings are scheduled on Improvement Projects 1977 -1 through 1977 -8 this evening. The costs of the various projects which will be discussed Monday evening are based upon bids which were opened on April 19. If the respective hearings are deemed favorable, the related resolutions in item 10 are recommended for adoption. Disposition Item 10a Water Main Improvement Project No. 1977 -1 thru 1 O Sanitary Sewer Improvement Project No. 1977 -2 - Street Surfacing Improvement Project No. 1977 -3 -Curb and Gutter Improvement Project No. 1977 -4 If the hearings prove favorable, these resolutions are recommended for the purpose of commencing with construction on the projects which are located in the Fox Run project being developed by Meadow Corporation. Disposition Item l0e - Sanitary Sewer Improvement Project No`. 1977 -5 and 10f Street Surfacing Improvement Project No. 1977 -6 If the public hearings prove favorable, the attached resolutions are recommended for the purpose of authorizing the commencement of construction on - the respective projects located in 55th Avenue North between Queen and Russell Avenues North. Disposition Item lOg Water Main Improvement Project No. 1977 -7 and 10h" - Sanitary Sewer Improvement Project No. 1977-8 If the public hearings prove favorable the attached resolutions are recommended for the purpose of authorizing construction to commence on respective projects intended to serve the Charles Thompson premises on the north side of Twin Lake. Disposition CITY MANAGER'S COMMENTS • Page 3 Item 10i Awarding Contract No. 1977 -A Depending upon the outcome of public hearings, the attached resolution is recommended: for the purpose of awarding Contract No. 1977 -A consisting of Water Main - Projects No. 1977 -1, 1977 -7, and 1976 -10 as well as Sanitary Sewer Projects No. 1977 -2, 1977 -5, and 1977 -8. Disposition Item 10j Awarding Contract No. 1977 -B A resolution will be presented Monday evening with a recommendation to award Contract No. 1977 -B consisting, of Tennis Court Improvement Project No. 1977 -9 located in Evergreen Park. Bids for this project are to be opened on Monday, April 25, 1977, at 11:00 a.m. Disposition Item 10k Approving Preliminary Plans for FI -94 We will be prepared Monday evening to present preliminary plans for that portion of the Freeway No. 94 project located between Trunk Highway 169 and Trunk Highway 152. Meetings have been held with residents abutting this section of freeway project. The Director of Public Works will be prepared Monday evening to make recommendations regarding the preliminary plan approval. Disposition Item 101 Awarding Bid for Bituminous Oil The attached resolution is recommended for the purpose of awarding bids for the annual supply of bituminous oil used by the City Street Division. Disposition Item 10m Awarding Bid for Plant -mixed Bituminous Material The attached resolution is recommended for the purpose of awarding the annual bid for plant -mixed bituminous material to be used by the City Street Division. Disposition • CITY MANAGER'S COMMENTS Page 4 j Item lOn Awarding Bid for Stabilized Gravel and Seal Coat Aggregate The attached resolution is recommended for the purpose of awarding .the annual bid for stabilized gravel and seal coat aggregate used by the City Street Division. Disposition Item loo Authorizing Bids for Contract No. 1977 -C The attached resolution is recommended for -the purpose of authorizing bids to be taken for Contract No. 1977 -C consisting of Projects No. 1977 -3 and 4 in the Fox Run development, Project No. 1977 -6 located in 55th Avenue between Queen and Russell Avenues North, and Projects No. `1974 -32 and 33 relating to 67th Avenue from James easterly to - the cul de sac. Disposition Item 10p Establishing Walkway Bridge Improvement Project No. 1977 -10 The attached resolution is recommended for - the purpose of establishing Walkway Bridge Project No. 1977 -10 consisting of a pedestrian/bicycle bridge crossing of Trunk Highway 100 between 59th Avenue North and Summit Avenue. Disposition Item 10q Denying Planning Commission Application No. 77009 The attached resolution represents a draft as directed by the City Council for - the purpose of denying Planning Commission Application No. 77009 submitted by Roger Lange. I Disposition CITY MANAGER'S COMMENTS Page S Item 10r ' Opposing H.F. 805 The attached resolution is recommended for - the purpose of opposing H.F. 805 which purports to permit supervisory and confidential employees of public jurisdictions to be represented by the same union which represents nonsupervisory and nonconfidential employees The AFSME union which is promoting this legislation, is attempting to strip public employers of virtually any defense which it might otherwise have in a strike situation. Disposition Item 10s Substituting Subdivision Bond Responsibility The attached resolution is recommended for the purpose of releasing an $1870 certificate of deposit to Mr. Robert Barr and in turn accepting a certified check in the amount of $1870 from Mr. Gary Schultz, who is assuming responsibility for the respective subdivision guarantee. Disposition Item 10t Commending Public Service The attached resolution is recommended for the purpose of recognizing and commending the dedicated public service of Street Superintendent Henry Davis during the past 25 year period. Disposition Item 1la Application No. 77001 Submitted by Richard Rockstad Application No. 77001 was continued by the Brooklyn Center City Council on March 28, 1977 with the direction that alternatives be developed to enable the proposal of Richard Rockstad to proceed. We will be prepared Monday evening to discuss the alternatives Disposition Item 1 l Application No. 77013 Submitted by Mary Super Application No. 77013 was considered by the Planning Commission at its meeting of April 14 1977. Disposition CITY MANAGER'S COMMENTS Page 6 Item 1 1 Application No. 77015 Submitted by Robert DeGardner Application No. 77015 was considered by the Planning Commission at its meeting of April 14, 1977. Disposition Item 1 Id Application No. 76041 ,Submitted by Meadow Corporation Application No. 76041 was considered by - the Planning Commission at its meeting of April 14, 1977. The application consists of an amendment to the site and building plans within the Fox Run project. Disposition Item 1Ie Application No. 76044 Submitted by Meadow Corporation The subject amendment to Application No. 76044 was considered by the Planning Commission at its April 14, 1977 meeting. The amendment consists of a modification to - the preliminary plat for the Fox Run project. Disposition Item: 12a Amending Chapter 35 The attached ordinance was first read on July 26, 1976, published on August 12, 1976 and is offered this evening for second reading and adoption. The matter has been deferred pending - the filing of the related plat Disposition Item 13a Home Improvement Grant Program We will be prepared Monday evening to discuss the Home Improvement Grant Program and make recommendations for a priority rating system through which eligible applications will be evaluated. Disposition • CITY MANAGER'S COMMENTS • Page 7 Item 13b Insurance Company Defense Denial We will be prepared Monday evening to discuss the denial of the City's insurance carrier to provide a legal defense to the City in the Walter Jogodka lawsuit discussed last week. Disposition Item 13c Projects Status We will be prepared Monday evening to describe the status of various projects pending within - the City. Disposition Item 13d Annual Fire Relief Association Financial Statement I ' Council members have been furnished the Annual Fire Relief Association Financial Statement prepared by the City Finance Department. Disposition i The Mayor announced that the meeting was open for the con • sideration of proposed Water Main Improvement Project No. 1977 -1. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on April 21, 1977 which affidavit was examined and found satis- factory and ordered placed on file The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ORDERING WATER MAIN IMPROVEMENT PROJECT NO. 1977 -1 BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and for the best interests of the City and the owners of property specially benefitted thereby, that the following improvement shall be constructed: Project No. 1977 -1 Trunk water main on 69th Avenue North from the centerline of Toledo Avenue North westerly approximately 426 feet to proposed Unity Avenue North; and on proposed Unity Avenue from the centerline of 69th Avenue North northerly approx- imately 395 feet. The estimated cost is $28,000.00. 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. 0 The Mayor announced that the meeting was open for the con- sideration of proposed Sanitary Sewer Improvement Project No. 1977 -2. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on April 21, 1977 which affidavit was examined and found satis- factory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member introduced the following resolution and moved its adoption: RESOLUTION 110. RESOLUTION ORDERING SANITARY SEWER IMPROVEMENT PROJECT NO. 1977 -2 BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and for the best interests of the City and 'the owners- . bT pro specially benefitted thereby, that the followinf - improvement shall be constructed: Project No. 1977 -2 Sanitary sewer in proposed Unity Avenue North from the centerline of 69th Avenue North northerly approximately 360 feet. The estimated cost is $10,400.00. Date Mayor ATTEST: C 'er The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the con - sideration of proposed Street Surfacing Improvement Project No. 1977 -3.' The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on April 21, 1977 which affidavit was examined and found satis- factory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners'appearing in favor of said improvement, member introduced the following - resolution and ,moved its adoption: RESOLUTION NO. RESOLUTION ORDERING STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -3 BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and for the best interests of the City and the owners of property specially benefitted thereby, that the following; improvement shall be constructed: Project No. 1977 -3 • Street surfacing on proposed Unity Avenue North from the centerline of 69th Avenue North northerly approximately 39n feet. The estimated cost is $5,500.00. 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. i The Mayor announced that the meeting was open for the con- sideration of proposed Curb & Gutter Improvement Project No. 1977 -4. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on April 21, 1977 which affidavit was examined and found satis- factory and ordered placed on file, The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. - After*hearing and considering all objections, and the property owners appearing; in favor of said improvement, member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING CURB AND GUTTER IMPROVEMENT PROJECT NO. 1977 -4 BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and for the best interests of the City and the owners of property specially benefitted thereby, that the following improvement shall be constructed: Project No. 1977 -4 • Curb and gutter on proposed Unity Avenue North from the centerline of 69th Avenue North northerly aobroximately 390 feet. The estimated cost is $4,200.00. 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. The Mayor announced that the meeting was open for the con- sideration of proposed Sanitary Sewer Improvement Project No. 1977 -5. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks` publication thereof in the official newspaper, the last publication ,being; on April 21, 1977 which affidavit was examined and found satis- factory and ordered placed on file, The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After*hearin and considering all objections, and the property n , P g. g J owners appearing in favor of said improvement, member introduced the following resolution and moved its adoption: RESOLUTIONd AIO. RESOLUTION ORDERING SANITARY SEWER IMPROVEMENT PROJECT NO. 1977 -5 BE IT RESOLVED by the City Council. of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and for the best interests of the City and the owners of property specially benefitted thereby, that the following improvement shall be constructed: Project No. 1977 -5 Sanitary sewer in 55th Avenue North from the centerline - of Queen Avenue North westerly approximately 135 feet. The estimated cost is $4,600.00. 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. The Mayor announced that the meeting was open for the con - sideration of proposed Street Surfacing Improvement Project No. 1977 -6. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on April 21, 1977, which affidavit was examined and found satis- factory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed im After hearing and considering all objections, and the property owners appearing in favor of said improvement, member introduced the following resolution and moved its adoption: RESOLUTIO14 110. RESOLUTION ORDERING STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -6 BE IT RESOLVED by the City Council of the City of hrooklvn Center, Minnesota`, that it is hereby determined that it is necessary and for the best interests of the Citv and the owners of property specially benefitted thereby, that the following improvement shall be constructed: Project 11o.1977 -6 • Street surfacing on 55th Avenue North from the centerline of 'Queen Avenue North westerly approximately 150 feet. The estimated cost is $2,400.00. 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. The Mayor announced that the meeting; was open for the con - sideration of proposed Water Main Improvement Project No. 1977 -7. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official- newspaper, the last publication being on April 21 1977, which affidavit was examined and found satis- factory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property; owners appearing in favor of said improvement, member introduced the following resolution and moved its adoption: RESOLUTIO14 NO. RESOLUTION ORDERING WATER MAIN IMPROVEMENT PROJECT NO. 1977 -7 BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and for the best interests of the City and the owners of property specially benefitted thereby, that the following; improvement shall be constructed Project 110. 1977 -7 Water main southerly approximately 265 feet across park property from a point on the south rights -of -way line of County Road 10 lying approximately 307 feet westerly of the centerline of June Avenue North (south side inter- section). The estimated cost is $4,300.00, 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. The Mayor announced that the meeting was open for the con- sideration of proposed Sanitary Sewer Improvement Project No. 1977 -R. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being; on April 21, 1977, which affidavit was examined and found satis- factory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After and considering all objections, and the property owners appearing in favor of said improvement, member introduced the following resolution and moved its adoption: RESOLUTION 1 RESOLUTION ORDERING SANITARY SEWER IMPROVEMENT PROJECT NO. 1977 -8 BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it is hereby, determined that it is necessary and for the best interests of the City and the owners of property specially benefitted thereby, that the following; improvement shall be constructed: Project No. 1977 -R Sanitary sewer southerly approximately 265 feet across bark property from a point on the south right -of -way line of County Road 10 lying approximately 297 feet westerly of the centerline of June Avenue North (south side intersection) The estimated cost is $3,800.00, Date Mayor ATTEST: Clerk r 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 adoptions RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY PLANS FOR THE IMPROVEMENT OF T.H. 94 FROM T.H. 152 to T.H. 169 WHEREAS, the Commissioner of the Department of Transportation has prepared preliminary plans for the improvement of a part of Trunk Highway Number 392 renumbered as Trunk Highway No. 94 within the corporate limits of the City of Brooklyn Center, from,T.H. 152 to T.H. 169;. and WHEREAS, said preliminary plans are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 16C S.P. 2781• -09 & S.P. 2786 -01 from T.H. 152 to T.K. 169; and WHEREAS, copies of said preliminary plans are 'so marked, labeled, and identified are also on file in the Office of the City Clerk; and e WHEREAS, the Minnesota Department of Transportation has pre- viously agreed to acquire Lots 1, 2, 3, 4 & -5, Block 1, Merry View Addition; and - WHEREAS, the said preliminary plans do not provide for noise abatement structures on the north side of T.H. 94 between - Camden and Bryant Avenue North, while recent studies by the Minnesota Department of Transportation indicate said area warrants noise abatement structures; and WHEREAS, the term "said preliminary plans" as hereinafter used in the body of this resolution shall be deemed and intended to mean, refer to, and to incorporate the preliminary plans as in the foregoing recitals particularly identified and described; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that said preliminary plans for the improvement of T.H. 392 renumbered T.H. 94, within the limits of the City of Brooklyn Center, be and hereby are approved with the following conditions 1) Lots 1, 2, ;3, 4, & 5 of Block 1, Merry View Addition be acquired by the Minnesota Department of Transportation. 2) Noise abatement walls be extended on the north side of ""' T.H. 94 from Camden Avenue North to Bryant Avenue North. RESOLUTION NO. Dane 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 WATER MAIN TRANSMISSION IMPROVEMENT PROJECT NO. 1976 -10 - WHEREAS, the City Council of the City of Brooklyn Center established Water Main Transmission Improvement Project No. 1976 -10 by Resolution No. 76 -99 adopted on July 26, 1976; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: i 1. It is hereby - determined -that it is necessary and for the best interests of the City that the following improvement shall be constructed Project No. 1976 -10 Installation of a 16 inch water transmission line along Camden Avenue North from Well #7 to Well #8 consisting of approximately 1,050 feet. The estimated cost is $31,800.00. 2. The City Treasurer be directed to encumber the amount of $31,800.00 for the construction of said project from the Public Utilities Operating Fund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (WATER MAIN AND SANITARY SEWER CONTRACT 1977 -A) WHEREAS, the City Clerk and the City Engineer have reported that on April 19, 1977, at 11 :00 a.m., central standard time, they opened and tabulated bids received for Contract 1977 -A, including Water Main Improvement Projects No. 1976 -10, 1977 -1 and 1977 -7 and Sanitary Sewer Improvement Projects No. 1977 -2, 1977 -5 and 1977 -8; and that said bids were as follows: 1) Gerald Stepaniak, Inc. $69,998.70 2) Northdale Construction Co., Inc. 81,594.00 3) Erwin Montgomery Construction Co. 83,002.00 4) Northern Contracting 88,990.45 5) Healy, Inc. 94,907.10 6) Parrott Construction, Inc. 105,598.18 NOW, THEREFORE, BE IT RESOLVED by,the City Council of the City of Brooklyn Center that the bid of Gerald Stepaniak, Inc., in the amount of $69,998..70, as to furnishing of all owrk, labor, and • material in connection with the above mentioned improovement projects, according to the plans and specifications therefor now on file in the office of the City Clerk, is deemed to be the lowest and best bid submitted for said work by a responsible bidder, and said bid is hereby accepted. BE IT FURTHER RESOLVED to authorize the Mayor and City Manager. to execute a contract with said bidder. 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 1O. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (TENNIS COURT CONTRACT 1977 -B) WHEREAS, the City Clerk and the City Engineer have reported that on 'April 25, 1977, at 11:00 a.m., central daylight time, they opened and tabulated `bids received for Contract 1977 -B for Tennis Court Improvement Project 1977 -9 at Evergreen Park, and that said bids were'as follows: 1) Bituminous Roadways $ 10,826.46 2) Carlson -La vine 10,990.00 3) Warren's Excavating, Inc. 11,212.00 4)' Dunkley Surfacing 11,216.01 5) Henry 0. Mikkelson Company 11,233.60 6) N. D. H. 13,493.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the bid of Bituminous Roadways in the amount of $10,826.46, as to furnishing of all work, labor,- and material in connection with the above mentioned improvement project, according to the _plans and specifications therefor now on file in the office of the City Clerk, is deemed to be the lowest and best bid submitted for said work by a responsible bidder, and said bid is hereby accepted. BE IT FURTHER RESOLVED to authorize the Mayor and City Manager to execute a contract with said bidder. 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 mid resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption; • RESOLUTION NO RESOLUTION ACCEPTING BID FOR FURNISHING BITUMINOUS OIL WHEREAS, the Director of Public Works and the City Clerk have reported that on April 19, 1977, at 11:15 a.m. , they opened and - tabulated bids received ` for the furnishing of bituminous oil and that said bids were as follows; MC -800 RC -800 RC -800 CRSl /CRS2 CRS1 /CRS2 Bidder P.U. Del. P.U. Del. P.U. NW Refining $.3295 $ .3619 $ .3495 $NB $ NB Koch .3300 .3633 .3500 NB NB L. N. Sickels .3300 .3633 .3500 .3415 .3400 Chevron NB NB NB .3117 .2989 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, - that - the bid of Northwestern Refining Company for MC -800 and RC -800 materials in accordance with the specifications is deemed - to be the best bid submitted by a responsible bidder and said bid is hereby accepted. • BE IT FURTHER RESOLVED by the City Council of -the City of Brooklyn Center that the bid of Chevron U. S. A. , Inc. for furnishing CRS -1 and CRS -2 material in accordance with the specifications is deemed - to be - the best bid submitted by a responsible bidder and said bid is hereby accepted. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof; and the following voted against , the same: whereupon said resolution was declared duly passed and adopted. t_ Member introduced the following resolution and moved its adoption RESOLUTION NO. RESOLUTION ACCEPTING BID FOR PLANT -MIXED BITUMINOUS MATERIAL WHEREAS, the Director of Public Works and the City'Clerk have reported that on April 19, 1977, at 11 :15 a.m. , they opened and tabulated bids received for the furnishing of plant -mixed bituminous materials and said bids were as follows Coarse Aggregate Fine Aggregate 85 - to 100 Winter Patch Bidder Furn & Load /ton Furn & Load /ton ..... Penetration ton M ix /tan Bury & Carlson $10.10 $10.60 $10.10 $10.10 Midwest Asphalt 10.25 10.75 10.50 12.00 C. S McCrossan 9.00 9.00 9.00 11.00 NOW, THEREFORE, BE IT RESOLVED by - the City Council of the City of Brooklyn Center, 'that the bid of C . S . McCrossan for furnishing plant -mixed bituminous materials in accordance with - the specifications is deemed - to be the best bid submitted by a responsible bidder and said bid is hereby accepted. Date Mayor ATTEST: �I Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and - the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced - the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID FOR STABILIZED GRAVEL AND FINE AGGREGATE FOR SEAL COAT' WHEREAS, the Director of Public Works and - the City Clerk have reported that on April 19, 1977, at 11:15 a.m. , they opened and tabulated bids received for the furnishing of stabilized gravel and fine aggregate for seal coat and that said bids were as follows: Class #5 Class #5 FA -1 Bunk - Gravel Gravel Sand shot Bidder Del. P. U. P. U. P. U. Bury & Carlson $2.20 $1.35 $ .67 $NB Barton Contracting 1.97 1.12 .62 2.73 Buesing Bros. 2.03 NB NB NB C. S. McCros san 2.50 1.25 NB NB NOW, THEREFORE, BE IT RESOLVED by the City Council of `the City of • Brooklyn Center, that the bid of Barton Contracting Company for the furnishing of Class #5 gravel, FA -1 sand and buckshot in accordance with - the specifications is deemed to be - the best bid submitted by a responsible bidder and said bid is hereby accepted. Date Mayor ATTEST;; Clerk The motion for the adoption of - the foregoing resolution was duly seconded by member , and upon vote being - taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET GRADING, BASE & SU IMPROVEMENT PROJECT NO'S. 1977 -3, 1977 -6 AND - AND C g U GUTTER IMPROVEMENT PROJECT NO'S. 1977 -4 AND _ AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -C) BE IT RESOLVED by the City Council of the City of Brooklyn Center,' Minnesota, as follows; 1. The plans and specifications for the following improvements prepared by the City Engineer are hereby approved and ordered filed with the Clerk. Street Grading, Base & Surfacing Improvement Project No. 1977 -3 Curb & Gutter Improvement Project No. 1977 -4 Street Grading, Base & Surfacing Improvement Project No. 1977 -6 Street Grading, Base & Surfacing Improvement Project.No 1970 -ja Curb & Gutter Improvement Project No. M i99til -33 2. The Clerk shall advertise for bids for such improvements by publication at least once in the official newspaper and in the Construction Bulletin, the date of first publication not less than ten • (10) days prior to the date for receipt of bids Said notice shall state that no bids will be considered unless sealed and filed and accompanied by a cash deposit, bid bond, cashier's check or certified check payable to the City Clerk in the amount of not less than five per cent (5/) of the bid. 3. Bid date is set for Monday,-May 9, 1977, at 11;00 °o'clock, a.m., central daylight time. 4. The City Manager and City Engineer shall be authorized to open and tabulate the bids. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by 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 ESTABLISHING PEDESTRIAN- BICYCLE BRIDGE IMPROVEMENT PROJECT NO. 1977 -10. WHEREAS, the City Council deems it necessary to initiate Pedestrian- Bicycle Bridge Improvement Project No. 1977 -10, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to direct the City Engineer to prepare plans and specifications for said improvement project described as follows 1977 -10 - Pedestrian- Bicycle Bridge Across Trunk Highway No. 100 from Summit Avenue North to 59th Avenue North. • 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 duly passed and adopted. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 77009 SUBMITTED BY MR. ROGER LANGE WHEREAS, Planning Commission Application No. 77009 was submitted by Mr. Roger Lange on February 8, 1977 requesting special use permission for a recreation center use at 4321 68th Avenue North; and WHEREAS, the item was considered by the Planning Commission at a duly called public hearing on February 17, 1977 at which time testimony both for and against the request was taken; and WHEREAS, the item was considered by the City Council on February 28, 1977, and upon determination that the applicant had not disclosed his management of a similar and now terminated operation in another community, the item was tabled to permit a more complete investigation of the earlier experience and the develop ment of additional data; and WHEREAS, following postponements, at the applicant's request, on March 14 _ and March 28, 1977, the item was reconsidered by the Council on April 11, 1977; and WHEREAS, extensive discussion ensued then with the applicant regarding, among other things, his past experience and proposed management policies: NOW, THEREFORE, BE IT RESOLVED by the City Council, of the City of Brooklyn Center that Planning Commission Application No. 77009 submitted by Mr. Roger Lange is hereby denied in consideration of the following: 1 The applicant has not clearly demonstrated by evidence that the standards for special use permits cited in Section 35 -220, 2. are met; specifically, a. That the establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. b. 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. f 4 RESOLUTION NO. 2. The applicant has not demonstrated that a satisfactory supervisory plan has been developed for the use which is predominantly youth- oriented. 3. No satisfactory management techniques have been presented to resolve those problems experienced by such uses:, including the applicant's previous operation in Fridley. 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 Member introduced the following resolution and ` -> moved its adoption: r • RESOLUTION NO. RESOLUTION OPPOSING HOUSE FILE 805 WHEREAS, H. F. 805 is an AFSCME union sponsored bill which would permit public employee supervisors and confidential employees -to be represented by the same parent union as rank and file employees in a respective public jurisdiction; and WHEREAS, H. F. 805 would have - the 'effect of interfering with the ability of public employers - to effectively manage - their operations and would erode the ability of public employers - to represent - the public's interest at the bargaining table; and WHEREAS, H. F. 805 would place public employee supervisors and confidential employees in an irreconcilable conflict of interest situation; and WHEREAS, passage of H.F. 805 would result in effectively unbalancing the collective bargaining process by destroying what remains in the way of any distinction between "labor" and "management and WHEREAS, -the terms of H.F. 805 are contrary to 'the private sector National - • Labor Relations Act which treats supervisors and confidential employees as agents of the employer: NOW, THEREFORE, BE IT RESOLVED by the City Council of - the City of Brooklyn Center to oppose the provisions of H.F. 805 under which public employee supervisory' and confidential employees are authorized -to affiliate with the same union which represents - the employer's nonsupervisory and nonconfidential employees BE IT FURTHER RESOLVED to urge legislators representing districts within the City of Brooklyn Center to oppose H.F. 805 for the reasons set forth in this resolution BE IT FURTHER RESOLVED that copies of this resolution be forwarded to legislators representing Brooklyn Center and to members of the appropriate Senate Committee charged with hearing the measure. 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. RESOL'bTION RELATIVE TO SUBDIVISION BOND FOR ROBERT BARR ADDITION WHEREAS, on May 12, 1975, a certificate of deposit in the amount of $1,870.00 was posted by Mr. Robert A. Barr to guarantee certain subdivision improvements in the Robert Barr subdivision; and WHEREAS, said Mr. Barr has recently sold the property within said subdivision to Mr. Gary Schultz; and WHEREAS, on April 15, 1977, a certified check in the amount of $1,870.00 was posted with the City of Brooklyn Center by Mr. Gary Schultz to guarantee the said certain subdivision improvements pre- viously guaranteed by Mr. Robert Barr's certificate of deposit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the City Clerk to release the $1,870.00 certificate of deposit posted by Mr. Robert A. Barr for certain subdivision improvements for the Robert Barr subdivision which are now guaranteed by the $1,870.40 cash escrow deposited by ^� Mr. Gary. Schultz 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 RECOGNIZING HENRY DAVIS' TWENTY -FIVE YEARS OF PUBLIC SERVICE WHEREAS, Henry Davis completed twenty -five years of full-time employment and public service with - the City of Brooklyn Center in January, 1977; and WHEREAS, he has served as a full -time clerk in - the Municipal Liquor Stores and in the Department of Public Works as heavy equipment operator, Street Department foreman, and currently Superintendent of Streets and Park Maintenance; and WHEREAS, he was a charter member of -the Brooklyn Center Volunteer Fire Department from 1949 - to 1968 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 - to recognize and commend - the twenty -five years of employment and dedicated public service of Henry Davis, Brooklyn Center Superintendent of Streets and Parks. 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. t, Licenses to be approved by the City Council on April 25, 1977. MECHANICAL SYSTEMS LICENSE Horwitz Mechanical, Inc. 1411 11th Ave. S. *Mill City Heating & Air..Cond. 13005 B. 16th Ave. N. Golden Valley Air Cond. 5182 West Broadway Buildfng Inspector MOTOR VEHICLE DEALER'S LICENSE Iten Chevrolet Co. 6701 Brooklyn Blvd. North Star Dodge 6740 Brooklyn Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. T n Blvd. r r Pontiac of zrookdale 6801 Brook City Clerk RENTAL DWELLING LICENSE Initial: Donald Foster 5100 Brooklyn Blvd. Fred Johnson 5324 Bryant Ave;. N. tit: " Ra lph C. Johnson 5440 -44 Bryant Ave. N �' 4 -) Alfred & Myrtle Herlitz 7037 Drew Ave. N. f )) > ' Alfred & Myrtle Herlitz 7018 Emerson Ave. N. ' > .r�✓ %'?�- _ Richard Baanrud 2401 -03 54th Ave. N. Renewal: Kenneth Bergstrom Hi Crest Apartments • Edward & Helen Peterka 3401 -13 47th Ave. N. /1t /,c •.{f ?C Nick jagodzinski 3501 47th Ave. N. Quality Investment Co. 3513 47th Ave. N. Dennis Brekke 3601 .47th Ave. N. ' r,�M/,.� r >) I 'l is (, 7 / ✓C-f r / Robert Huber 3613 47th Ave. N. �- • Donald Sobania 370147th Ave. N. �i1n!r` ; ° r'✓ ,, %,�• Donald Wilson & Michael Boyle 3713 47th Ave. N. ^; ; Lucille Hanggi 3725 47th Ave. N. Transfer: �f Robert Berglund 6833 -35 Noble Ave. N. Director of Planning and Inspection SWIMMING POOL LICENSE a Beach Apartments 4201 Lakeside Ave. N. Brookdale 10 53rd & Hwy. 100 ' European Health Spa 2920 County Road 10 4 Holiday Inn 1501 Freeway Blvd. Marvin Garden Townhouses 4703 68th Ave. N. Sani rian • TEMPORARY ON -SALE NONINTOXICATING LIQUOR LICENSE Brooklyn Center Police Association 6301 Shingle Creek Pkwy. `>"� 4 City Clerk