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HomeMy WebLinkAbout1977 07-11 CCP Regular Session k �% CITY COUNCIL AGENDA City of Brooklyn Center July 11, 1977 7;30 p.m. 1. Call to Order 2.. Roll Call 3 . Invocation 4 Approval of Minutes - June 20, 27, and 29, 1 977 5 Appointments: a. Planning Commission 6. Authorize Execution of Engineering Services Agreement 7. Resolutions; a. Expressing Appreciation for Services Rendered b. Designa Interim City Manager c. Amending the 1977 General Fund Budget d. Amending - the 1977 General Fund Budget e. Amending the 1977 General Fund Budget f. Amending the 1977 General Fund Budget • g. Awarding Bid for Well House No. 8 h. Awarding Quotation for Liquor Store No. 2 Vestibule i. Establishing Project No. 1977 -1 i j. Authorizing Advertisement for Bids k. Authorizing Participation in Metro HRA Rehabilitation Grant Program 1. Requesting Boating Regulation m. Releasing Subdivision Bond' n. , ; Authorizing MN /DOT Commissioner 'to Act on Behalf of C ity 8. Ordinances a. Amending Chapter 35 Regarding Notices for Special Use Permits b. Amending Chapter 19 Regarding Noisy Parties c. Vacating Easement 9. Discussion Items: a Establish joint Commission Meetings b Official` Newspaper Report c. Dutch Elm Disease Control Program d. Delinquent Taxes Report 10. Licenses 11. Adjournment CITY MANAGER'S COMMENTS • Item 5 Appointments A vacancy exists on the Planning Commission due to the departure of Robert Foreman Disposition Item 6 Authorize Execution of Engineering Services Agreement It is recommended 'that -the City Council authorize - the Mayor and City Manager to enter into an agreement for engineering services to design the pedestrian bridge over T. H. 100 at 59th Avenue North Disposition Item 7a Expressing Appreciation for Services Rendered The attached resolution is recommended for the purpose of expressing the community's appreciation to Planning Commission Chairman Robert • Foreman Disposition Item �b Ilesignating Interim City Manager The attached resolution is presented in response to City Council direction for the purpose of designating Public 'Works Director James Merila as the Interim City Manager for Brooklyn Center. Disposition Item 7c Amending -the 1977 General Fund Budget The attached resolution is recommended for the purpose of transferring funds from -the Unallocated Departmental Labor Appropriation• - to pay for the labor settlement with the International Union of Operating Engineers which became effective January 25, 1977. Disposition �e CITY MANAGER'S COMMENTS Page 2 Item 7d Amending the 1977 General Fund Budget The attached resolution is recommended for the purpose of increasing funding for the Detached Worker Program to the extent that funds are available from the Federal CETA Program. Disposition Item 7e Amending - the 1977 General Fund Budget The attached resolution is recommended for the purpose of increasing certain departmental appropriations to 'the extent that CETA funding has been extended since March, 1977. Disposition Item 7f Amending the 1977 General Fund Budget The attached resolution is recommended for the purpose of transferring • funds from the 'Contingency Account to pay separation obligations Disposition Item 7g Awarding Bid for Well Douse No. 8 0 The attached resolution is recommended for the purpose of awarding a bid for a new pump house at well No . 8. Disposition Item 7h Awarding Quotation for Liquor Store No. 2 Vestibule The attached resolution is recommended for the purpose of awarding a quotation for installing a vestibule at Liquor Store No. 2. The store was originally designed to accommodate such installation which is now proposed as an energy saving device Disposition _ CITY MANAGER'S COMMENTS Page 3 Item 7i Establishing Project No. 1977 -11 The attached resolution is recommended for the purpose of establishing Improvement Project No. 1977 -11 which relates to the Dutch elm disease control program. Disposition Item 7j Authorizing Advertisement for Bids The attached resolution- is recommended for - the purpose of authorizing bids to be for the Dutch elm disease control program. Disposition Item 7k Authorizing Participation in Metro HRA Rehabilitation Grant Program - The attached resolution is recommended for the purpose of authorizing • the Metropolitan Council HRA to apply for rehabilitation grant funds for a program within the City' of Brooklyn Center. Brooklyn Center is entitled to an allocation of $19, 602. Disposition Item 71 Requesting Boating Regulation The attached resolution is presented to the Council in the event that the Council intends to request , the Hennepin County Beard to regulate boating activity on T%A,in Lakes. It is intended that the resolution be deliberated following public discussion on the issue of boating regulation. Disposition Item 7m Releasing Subdivision Bond The attached resolution is recommended for the purpose of releasing the subdivision bond posted for West River Estates Addition. Disposition_ CITY MANAGER'S COMMENTS Page 4 • Item 7n Authorizing MN /DOT Commissioner to Act on Behalf of City The attached resolution is recommended for the purpose of authorizing the Minnesota Department of Transportation Commissioner to act on behalf of the City of Brooklyn Center for implementation of 'the Federal aid pedestrian bridge project over T.H. 100 at 59th Avenue North Disposition Item 8a Amending Chapter 35 Regarding Notices for Special Use Permits The attached ordinance was first read on June 6, 1977, published on June 16, 1 977 and is recommended for second reading and adoption: Disposition Item 8b Amending Chapter 19 Regarding Noisy _Parties The attached ordinance regarding noisy parties, was first read on • June 6, 1977, published on June 16, 1977 and is recommended for second reading and adoption. Disposition Item 8c Vacating Easement The attached ordinance vacating an emergency access easement was first read on June 6, -1977, published on June '16,_ 1977 and is recommended for second reading and adoption. Disposition Item 9a Establish joint Commission Meetings It is recommended that the City Council consider establishment of a date for a joint Commission meeting to discuss - the mandatory planning program and of less significance the critical areas planning program. Disposition CITY MANAGER'S COMMENTS Page s Item 9b Official Newspaper Report , Councilman Kuefler will have a status report on the matter - of the official newspaper designation and newspaper policies and practices. Disposition Item 9c Dutch Elm Disease Control Program We will be prepared Monday evening to discuss with the Council some of the problems in the Dutch elm disease control legislation and its effect on our program, Disposition Item 9d Delinquent Taxes Report I will be prepared Monday evening to illustrate - to the Council the extent of delinquent 'taxes within the City. Disposition Member introduced the following resolution ZP and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH EGIL ',n1EFALD & ASSOCIATES, INC. FOR PREPARING PLANS AND SPECIFICATIONS FOR BRIDGE PROJECT NO. 1977 -10. WHEREAS, the City Council of the City of Brooklyn Center has established Bridge Project No. 1977 -10- across T.H. 100 from Summit Drive North to 59th Avenue North, and ordered preparation of plans and specifications; and WHEREAS, an agreement for preparation of said plans and specifications has been satisfactorily negotiated by the City Engineer and the City Manager with Egil Wefald & Associates, Inc. of Minneapolis, Minnesota NOW, THEREFORE, BE IT RESOLVED by the City Council of -the City of Brooklyn Center that the Mayor and City Manager be and they are hereby authorized to execute an agreement with Egil Wefald &_Associates, Inc., for preparing plans and specifications for Bridge Project No. 1977 -10. S 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. 7 Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE, OF MR. ROBERT FOREMAN WHEREAS, Mr. Robert Foreman served as a member of the Planning Commission from January, 1971 through June, 1977 and as that Commission's Chairman from January, 1976 through Decemher, 1976; and 'WHEREAS, his devotion to the tasks and responsibilities of this Commission, and the leadership he provided, contributed substantially to the sound progress and development of the City; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: The dedicated public service of Mr. Robert Foreman as a member and Chairman of the Planning, Commission and citizen, is recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • i Member introduced - the following resolution and • moved its adoption: RESOLUTION NO RES OLUTION DESIGNATING JAMES R MERILA AS ACTING CITY MAN AGER WHEREAS, City Manager Donald G. Poss has submitted his resignation as City Manager, effective July 23, 1977; and WHEREAS, -the City Council deems it necessary to designate an Acting City Manager - to serve during - the interim period until a new City Manager is retained`. NOW, THEREFORE, BE IT RESOLVED by the City Council of - the City of Brooklyn Center to designate James R. Merila as Acting City Manager to serve in that capacity during the interim period until a new City Manager is retained. BE IT FURTHER RESOLVED that Mr. Merila's salary be increased from $2,422 monthly to $2,622 monthly while he is serving as Acting City Manager. Date Mayon 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. ua.e. Gam: , a- . 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 settlement; and WHEREAS, on January 24, 1977 the City Council did adopt Resolution No. 77 -24 which approved `the 1977 -78 collective bargaining agreement with Local No. 49, international Union of Operating Engineersto be effective on January 25, 1977; and WHEREAS, ` said agreement set wages for 1977 for employees in the public works bargaining unit and set a maximum contribution of sixty dollars ($60) per month per employee represented by the bargaining unit toward health and life insurance: NOW, - THEREFORE, BE IT RESOLVED by the City Council of 'the City of Brooklyn Center to transfer $25,771 from the Unallocated Departmental Labor Appropriation (Account No. 01-4100-000-81) to - the following departmental appropriations Street Construction and Maintenance Salaries, Regular Employees (01 -4100- 000 -42) $7,502 Hospitalization Insurance (01- 4151 - 000 -42). 4,353 Vehicle Maintenance Salaries, Regular Employees (01- 4100 - 000 -43) 2,710 Hospitalization Insurance (01- 4151 - 000 -43) 1,269 Park Maintenance Salaries, Regular Employees (01- 4100 - 000 -69) 6,130 • Hospitalization Insurance (01- 41.51 - •000 -69) 3,807 RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of - the foregoing resolution was 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 adapted. 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 does provide for the increase of a budget appropriation by the City Council if -the actual receipts exceed the estimates; and WHEREAS, the Comprehensive Training Act (CETA) does provide Federal i financing to create 'temporary public service Jobs 'to -the unemployed; and WHEREAS, the Detached Worker Program in Brooklyn Center is provided through contract with the YMCA and is jointly funded by the City of Brooklyn Center, Brooklyn Center business firms, and various agencies; 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, on December 20, 1976 said budget was amended by Resolution No. 76 -188 - to increase the Detached Worker Program Appropriation to fund one full -time and one- half time Detached Worker position for a three month period to end March 31, 1 977; and WHEREAS, the City was subsequently notified that Federal CETA funding' has been extended through September 30, 1977: BE IT, THEREFORE, RES'OLVED by the City Council of the City of Brooklyn Center to amend the -1977 General Fund Budget by increasing the Professional Services Appropriation, Detached Worker. Program in -the amount of $12, 000 to fund one full -time and one -half time Detached Worker position through September 30 1977; and BE IT FURTHER RESOLVED that the source of funding for the additional appropriation in the amount of $12,000 shall be the Federal CETA grant. 4 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. Al 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 for - the increase of a budget appropriation by 'the City Council if - the actual receipts exceed the estimates; and WHEREAS, Section 7.08 of the City Charter does also provide that - the i 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, 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, on December 20, 1976 said budget was amended by Resolution No. 76 -186 to authorize certain CETA positions and 'to increase the departmental • budget appropriations to fund these positions for a three month period to end March 31, 1 977; and 'j WHEREAS, said positions were as follows; Positi Numbered Authorized Department Accounting Assistant (CETA) I Finance Building Maintenance (CETA) 4 Government Buildings Clerk III (CETA) 1/2 Police Clerk III (CETA) 1/2 Planning & Inspection Engineering Aid I (CETA) 2 Engineering Landscape Technician (CETA) l Parks & Recreation Inspection Aid (CETA) 1 Planning & Inspection Patrol Officer (CETA) 1 Police WHEREAS, the positions of Inspection Aid, Department of Planning and Inspection ( incluuded above) , one Patrol Officer, Police Department (included above) , and one Engineering Aid I, Department of Engineering (included above) , 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 September 30, 1977: L .. 3 RESOLUTION NO. • BE IT, THEREFORE, RESOLVED by the City Council of the City of Brooklyn Center to amend the 1977 General Fund Budget to extend said positions and to increase the departmental budget appropriations 'to fund those positions - through September 30, 1977 as follows: Salaries Hospitalization Life Regular Employees Insurance Insurance Department Object No. 4100) (Object No. 4151 (Object No. 4152) Finance $ 4,998 $ 300 $ 1s Building Maintenance 19,992 1,200 58 Police 7,010 525 23 Planning & Inspection 7,010 450 23 Engineering 4,338 300 15 Recreation & Park Supervision 4,998 300 15 $48,346 $3,075 $149 BE IT FURTHER RESOLVED - that - the source of funding for - the additional appropriations in the amount of $51,570 shall be the Federal CETA grant; and BE IT FURTHER RESOLVED to amend the 1977 General Fund Budget to decrease the departmental budget appropriations as shown below and increase the Unallocated Departmental Labor Appropriation (Account No. 01- 4100 -- 000 -81) by - the same amount, (the amount to be funded by Federal CETA funds for the six months period for -the positions of Inspection Aid, Patrol Officer, and Engineering Aid I initially funded. from other sources -) Salaries, Hospitalization Life Regular Employees Insurance Insurance Department (Object No. 4100 Ob ject No. 41 (Object No. 4152) Police $ 4,998 $375 $15 _ Planning & Inspection 4,998 300 15 Engineering 4,338 300 15 $14,334 $975 $4 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was 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 GENERAL FUND BUDGET WHEREAS, Section 7.09 of -the City Charter of the City of Brooklyn Center provides for a= contingency appropriation as a part of - the-General Fund Budget and further provides - that 'the contingency appropriation may be transferred to any other appropriation by - the City Council; and WHEREAS, Section 7.08 of the City Charter also provides for the increase of a budget appropriation by the City Council if - the actual receipts exceed - the estimates; and WHEREAS, - the City Council adopted Resolution Nos. 66-323, 74 -218, and 76 -189, setting forth conditions of employment for the City Manager; and WHEREAS, said conditions of employment include provisions relating - to payment of accumulated sick leave benefits upon termination of employment; and WHEREAS, City Manager Donald Pons has resigned employment with the City of Brooklyn Center effective July 23, 1977 NOW, THEREFORE, BE IT RESOLVED by the City Council of - the City of Brooklyn Center to amend - the 1977 General Fund Budget by transferring $12 -,000 from. the Contingency Appropriation (Account No. 01 -4995- 000 -82) to - the departmental appropriation of 'the City Manager's Office, Salaries Regular Employees (Account No. 01-4100-000-13). BE IT FURTHER RESOLVED to authorize payment of accumulated sick leave benefits pursuant to the formula reflected in Resolutions No. 74 -218 and 76-189. 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_ (PUMPHOUSE IMPROVEMENT PROJECT NO. 1976.. -9 GENERAL CONSTRUCTION OF PUMPHOUSE FOR WELL NO. 8) WHEREAS, the City Clerk and the City Engineer have reported that on July 6, 1977, at 11:00 a.m., central daylight time, they opened and tabulated bids received for Pumphouse Improvement Project No. 1976 -9 and that said bids were as follows: Bidder Amount 1. Earl Weikle & Sons, Inc. $ 33,675 2. Gladstone Improvement Company 37,084 3 T. M. Campion Company 38,838 4. Karl Dedolph Construction Company 39,050 5. ABJ Enterprises, Inc. 47,370 6. Acton Construction Company 50,430 WHEREAS, it has been determined by the Director of Public Works to the satisfaction of the City Council that the bid of Earl Weikle & Sons, Inc., is the best bid submitted. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the bid of Earl We & Sons, Inc. in the amount of $33,675.00, as to furnishing of all work, labor, and material in connection with the above mentioned 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 said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoptions RESOLUTION NO. RESOLUTION INCREASING THE APPROPRIATION OF FUNDS FOR PUMP HOUSE IMPROVEMENT PROJECT NO', 1976 -9` WHEREAS, on June 20, 1977, the City Council adopted Resolution No. 77 -117 ordering construction of Pump House Improvement Project No.' 1976 -9 and directed the City Treasurer to encumber $32,000.00 for construction of said project from the Public Utilities operating Fund; and WHEREAS, the Director of Public Works reports that said estimate of $32,000.00 does not contain funding for on -site improvements amount- ing to approximately $5,600.00 and WHEREAS, the low bid received for construction of the structural portion of said project is approximately $4,000.00 greater than the engineer's estimate. NOW, THEREFORE, BE IT RESOLVED that the City Treasurer be directed to. increase the amount encumbered for Pump House Improvement Project No. 1976 -9 from $32,000.00 to $41,600.00. 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. fi if Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) ALUMINUM ENTRANCE UNITS 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 two (2), aluminum entrance units and has determined that the quotation of P.P.G. Industries, 616 South 3rd Street, Minneapolis, Minnesota 55415 in the amount of $1,557.00 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 two (2) aluminum entrance units in the amount of $1,557.00 from P.P.G. Industries, 616 South 3rd Street, Minneapolis, Minnesota 55415. 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 DISEASED SHADE TREE REMOVAL IMPROVEMENT PROJECT NO. 1977 -11 AND ORDERING PREPARATION OF SPECIFICATIONS. WHEREAS, the ,City Council deems it necessary to ;initiate Diseased Shade Tree Removal Improvement Project No. 1977-11; NOW, THEREFORE, BE IT RESOLVED by the City Council.of the City of Brooklyn Center to direct the City Engineer to prepare specifications for said improvement project described as .follows 1977 -11 - Diseased Shade Tree Removal City wide program for removing diseased shade trees and stumps. • 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 SPECIFICATIONS FOR DISEASED � SHADE TREE REMOVAL IMPROVEMENT PROJECT NO. 1977 - AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -G - BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The specifications for Diseased 'Shade Tree Removal - Improvement Project No. 1977 -11 are hereby approved and ordered filed with the Clerk.' 2. The Clerk shall advertise for bids for such improvement 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 of 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 les than one thousand dollars ($1,000.00). • 3. Bid date is set for Monday, July 25, 1977, at 11:00 A.M.. central daylight time. 4. The City Manager and the Director of Parks and Recreation shall be authorized to open and tabulate the bids. Dat 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 REQUESTING THE METROPOLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY TO APPLY FOR REHABILITATION GRANT FUNDS FOR THE CITY OF BROOKLYN CENTER WHEREAS, - the City of Brooklyn Center desires to assist low income homeowners in making repairs to - their homes for the purpose of "correcting defects affecting directly - the safety, habitability or energy usage of the property; and WHEREAS, the Minnesota Housing Finance Agency has funds `to_be used for such purposes and will accept applications from a Housing and Redevelopment Authority desiring - to administer these home improvement grant program funds; and WHEREAS, 'the Metropolitan Council has all the powers and duties of a - Housing and Redevelopment Authority pursuant to Minnesota Statutes, 1976, Sections 473.193 to 473.201 under the provisions of "the Housing Redevelopment Act, Minnesota Statutes, 1976, Sections 462.411 "to 462.711. NOW, THEREFORE, BE IT RESOLVED by the City Council . of -the City of Brooklyn Center to request - the Me"tropoli"tan Council to include "the City of • Brooklyn Center in an application for State home improvement grant program_ funds, and that upon approval of such application the City and - the Metropolitan Council are authorized to enter into an agreement. for operating - the program within Brooklyn Center. • Date Mayor ATTEST Clerk The motion for the adoption of - the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof; and the following voted against the same: whereupon said resolution was declared duly passed and adopted.- • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION REQUESTING THE HENNEPIN COUNTY BOARD OF COMMISSIONERS TO APPROVE AN ORDINANCE ESTABLISHING WATER SURFACE USE REGULATION ON TWIN LAKE WHEREAS, power boating on Twin Lake tends to endanger the safety of lake users and WHEREAS a study by the Metropolitan Council for the Bureau of Outdoor Recreation recommends that Twin Lake is suitable for sailing, canoeing, fishing and swimming only; and WHEREAS, Section 378.32 of the Minnesota State, Statutes authorizes counties to regulate water surface use, by ordinance, of lakes located in two or more municipalities upon the recommendation of those municipalities and upon approval of the ordinance by the Commissioner of the Department of Natural Resources. NOW, THEREFORE BE IT RESOLVED, by the City Council, City of • Brooklyn Center, that the Hennepin- County Board of Commissioners is requested to approve an ordinance prohibiting watercraft propelled in any respect by machinery from being operated at any time on the waters of Twin Lake (DNR #2742) in Hennepin County Minnesota. BE IT FURTHER RESOLVED , that the Hennepin County Board of Commissioners is requested to empower the law enforcement agencies of the Cities of Brooklyn Center, Crystal and Robbinsdale to enforce said ordinance pursuant to Section 378.32, Subdivision 10 of the Minnesota State Statutes, BE IT FURTHER RESOLVED, that the Hennepin County Board of Commissioners upon approval of said ordinance is requested to submit it to the Commissioner of the Department of Natural Resources for his• approval as required by 'Section 378.32, Subdivision 1 of the Minnesota State Statutes. • RESOLUTION NO. Da to 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 and the following voted against the same whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution rrc� and moved its adoption: RESOLUTION NO. • RESOLUTION AUTHORIZING REDUCTION OF SUBDIVISION BOND FOR WEST RIVER ESTATES ADDITION, h WHEREAS, on December 4, 1974, Swanco, Inc., and Scherer Bros. Lumber Company posted a financial performance guarantee bond in the amount of $68,000.00 guaranteeing certain subdivision improvements, in the West River Estates Addition; and WHEREAS, on July 26, 1976, the City Council authorized reduction of said bond from $68,000.00 to $10,000.00; and WHEREAS, on November 8, 1976, the City Council of the City of Brooklyn Center reduced the subdivision bond from $10,000.00 to $3, 600.00; and WHEREAS, the amount of improvements remaining to be completed under said bond is estimated to be $500:00; and WHEREAS, Mr. Harold Swanson of�Swanco, Inc., posted a certified check in the amount of $500.00 with the City Clerk of the City of Brooklyn Center guaranteeing completion of the subdivision improvements • NOW THEREFORE, E City Co uncil of the O B IT .RESOLVED by the � o City of Brooklyn Center to release the subdivision bond for West River Estates Addition in -the amount of $3,600.00 in lieu of the $500 -.00 certified check posted for the remaining improvements. 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 T Member introduced the following resolution .and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING MINNESOTA DEPARTMENT OF TRANSPORTATION COMMISSIONER TO ACT ON BEHALF OF THE CITY OF BROOKLYN CENTER FOR IMPLEMENTATION OF FEDERAL AID PROJECT. BE IT RESOLVED that the Commissioner of Transportation is hereby authorized to act on behalf of the City of Brooklyn Center and is requested to take such steps as may be necessary to have the proposed improvement hereinafter described approved by the Federal Highway Administrator as a Federal Aid Project eligible for the expenditure of Federal Funds thereon and eligible for 'construction and the .letting of a contract therefor. Pedestrian - Bicycle Bridge Improvement Project No. 1977 -10 Across Trunk Highway No. 100 from Summit Drive North to 5th Avenue North. (SP 109- 115 -01, Minn. Proj. M5402, Bridge No. 27615) 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 CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 RELATIVE TO DISTANCE OF MAILED NOTICES FOR SPECIAL USE PERMIT HEARINGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS;- Section 1. Section 35 -220 1 (d) of the City Ordinances is hereby amended as follows: (d) Not less than seven (7) days before -the date of the hearing, - the Secretary of the Planning Commission shall mail notice of the hearing to the applicant and to - the property owners or occupants of all property within 150 feet (including streets) of the subject property when it is within the R -1 or R -2 districts, and to the property owners or occupants of all property within 350 feet (including streets) of the subject property when it is within any district other than R -1 or R -2. The failure of any such owner or occupant to receive such notice shall not invalidate the proceedings hereunder. Section 2. This ordinance shall become effective after adoption and upon • thirty (30) days following its legal publication. Adopted this —day of_ ,1977: Mayor ATTEST: Clerk Date Published Effective Date • CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE ABATEMENT OF NOISY PARTIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinances is hereby amended by the addition of the following: Section 19 -1201. PURPOSE. It is recognized that loud, unpleasant, rauco or prolonged noise can and does have a harmful, debilitating and detrimental effect upon human beings, adversely affecting their mental and physical health, .safety and wel being. Such loud, unpleasant raucous or prolonged noise and the resulting detrimental, debilitatinq_and harmful effects upon human beings has become _ . g m L �j or _ con urban concern >and is now considered to be a pollutant,; not dissimila to the pol of the ai and water by toxins or particulates. In an endeavor to provide for t he mental an phys ical h ealth, safety, well -being and peaceful repose of its c iti zen s and their neighborhoods, it i s hereby declared t b e in the public interest tha loud, unpleasant, r unnecessary or prolonged noise be abated. Section 19 -1202. NOI PARTIES. No person shall t con. regate_ because of, participate in, or be in a ny p or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet or repose of per residing in any re ar No person s hal l vis or remain withi any res dwelling unit wherein such party or gathering i tak ngplac e except persons who have gone there for the sole ur ose of ab ating said dis turbance A police officer may order all persons present in any __qrou p or gathering fr which s uch no ise emanate other than the owners or tenants of the dwelling u ni t ; to imm disperse in lieu of being charged under, this ordin Owner or tenants of the dwelling unit shall immediately abat the disturbanc a nd, failing to do so, s hall be i violation of this ordinance, , Section 19 -1203. PENALTY. Any person violating the provisions of this ordinance shall upon conviction be punished by a fine of not more than three hundred ,($300) dollars and by imprisonment no to exc ninety (90)_ days, or both. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication Adopted this dad of 1977 Mayor • ATTEST: Clerk Date Published C Effective date CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE VACATING EMERGENCY WATER EASEMENTS EXISTING ON LOTS 15 AND .16, BLOCK 6, PEARSON' S NORTHPORT; 3RD ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 The emergency water easements existing on Lots 15 and 16, Block 6, ,Pearson's Northport 3rd Addition, below described are hereby vacated as emergency water easements " The southerly 5 feet of the easterly 123.6 feet of Lot 15, Block 6, Pearson's Northport 3rd Addition, according to the plat of record thereof, files of the Registrar of Titles, County of Hennepin, State of Minnesota; and The northerly 5 feet of the easter 102.6 feet, and the northerly 11 feet of the westerly 26 feet, except the • westerly 5 feet thereof, of Lot 16, Block 6, Pea.rson's Northport 3rd Addition, according to the plat of record thereof, files of the Reqistrar of `Titles, County of He nnepin, State of Minnesota." Section 2 This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Published in the official .newspaper Effective Date (Underline indicates new matter). Licenses to be approved by the City Council on July 11, 1977. BINGO LICENSE St. Alphonsus 7025 Halifax Ave. No. �l d­/" J r i (Fun Fair) City Clerk .. GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Bautch Disposal Service 2931 Marshall St. N.E. IL J? 4 Browning- Ferris Industries 9813 Flying Cloud :Dr. Countrywide Sanitation, Inc. P. O. Box 46, Montrose Art Willman & Son 51 28th Ave. No. Sanitarian ITINERANT FOOD ESTABLISHMENT LICENSE St. Alphonsus 7025 Halifax Ave, No. (Fun Fair) Sanitarian ' MECHANICAL SYSTEMS LICENSE Air Conditioning Associates 689 Pierce Butler Rt. Building Inspector t SWIMMING POOL LICENSE Chippewa Park Apts. 6507 Camden Ave. No. Moorwood Homeowners Assoc. 8200 Normandale Blvd. Sanitarian �Lr TEMPO RARY ON -SALE NONINTOXICATING LIQUOR LICENSE • - St Alphonsus 7025 Halifax Ave. No. (Fun Fair) City Clerk .,L1,