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HomeMy WebLinkAbout1977 10-03 CCP Regular Session CITY COUNCIL AGENDA City of Brooklyn Center October 3, 1977 7:45 n.m. 1. Call to Order 2 . Roll Call 3 . Invocation 4. Approval of Minutes - September 12, 15, & 17, 1977 - 5. Authorize Release of Subdivision Bond 6. Declare Surplus Equipment 7. Resolutions: Y. Adopting the 1978 Budget' jar. Authorizing a 1978 Tax Levy X. Canceling Levies (3) Y. Certifying Delinquent Utilities Accounts Certifying Delinquent Weed Accounts • Approving HRA Levy.. • "•. Confirming Special Assessments for Diseased Shade Tree Removal Denying Planning Commission Application No. 77022 Submitted by L. W. Joel Company icy i. Providing for Public Hearing for Improvement Projects No. 1977 -19 & 20 k Authorizing Bids for Contract No. 1977 -I . Authorizing Bids for Contract No. 1977 -j � x Ordering Cons of Street Improvement Project No. 1977-14 �rtC. Accepting Quotations for Street Improvement Project No. 1977 -14 X. Ordering Constriction of Sidewalk Improvement Project No. 1977 -12 Aid for Contract io. 1977 -H Accepting Work for Utility Improvement Projects f A Accepting Quot:atlons for Insulation at 7100 Brooklyn Boulevard- .0 r. Authorizing Bids for Contract No. 19_77 -K l+(A+svOcar $. A GC'�PTiNG ua7r97 /oNS �oe Lev �c .4u ;PEE yr E �i1 erS T� �a�+R 7 �c (<cJRGt Special Assessment Hearing (8:00 p.m.) 9 Open Forum Hearing (8 p.m.) 10. Plannin Commission Items (8:45 p.m.) a. Applicatici No. 77045 Submitted ;.:y Berean Evangelical Free Church b. Application No. 77046 Submitted by Berean Evangelical- Free Church c. Application No. 77052 Submitted by TKH Construction Company d. Application No. 77053 Submitted by jKH Construction Company - e. Application No. 77049 Submitted by Olympic Investment Company f. Application No. 77050 Submitted by Denny's, Inc. g. Application No. 77054 Submitted by Advanced Abrasives,, -Inc. CITY COUNCIL AGENDA -2- October 3, 1977 . Positivq Evaluations Study 12. Ordinances /116,. Amending Chapter 35 Regarding Rezoning Property at 67th Avenue North -/ and James Avenue 11 . Amending Chapter 35 Regarding Rezoning Property at 7240 Brooklyn Blvd. 13. Discussion Items: a Suburban Public Health Nursing Service Licenses r - 15. Adjournment ACTING CITY MANAGER'S COMMENTS Item 5 Authorize Release of Subdivision Bond It is recommended that the subdivision financial guarantee amounting to $250 for the Fred Nelson Addition located at 6729 Willow Lane Avenue North be released on the basis of obligations being satisfied. Disposition Item 6 Declare Surplus Equipment It is recommended that the City Council declare an inoperable aqua vac pool vacuum as surplus equipment to be disposed of in the best interests of the City. Disposition Item 7a Adopting the 1978 Budget The attached resolution is recommended for the purpose of formally adopting the 1978 Budget. • Disposition Item 7b Authorizing a 1978 Tax Levy The attached resolution is recommended for the purpose of certifying a tax levy in support of 1978 budget appropriations. Disposition Item 7c Canceling Levies (3) The attached resolutions are recommended for the purpose of canceling previously certified tax levies. We will be prepared- Monday evening to explain the reasons for each of the three proposed cancellations Disposition ACTING CITY MANAGER'S COMMENTS Page 2 Item 7d Certifying Delinquent Utilities Accounts The attached resolution is recommended for the purpose of certifying delinquent public utilities accounts to the Hennepin County tax rolls for collection. Disposition Item 7e Certifying Delinquent Weed Accounts The attached resolution is recommended for the purpose of certifying delinquent weed cutting accounts to the Hennepin County tax rolls for collection. Disposition Item 7f Approving HRA Levy The attached resolution is recommended for the purpose of approving the one -third mill tax levy previously authorized by the HRA. Disposition Item 7g Confirming Special Assessments for Diseased Shade Tree Removal To the extent that the special assessment hearing is successful the attached resolution is recommended for the purpose of confirming the proposed assessments for diseased shade tree removal. Disposition item 7h Denying Planning Commission Application No. 77022 Submitted by L. W. Joel Company In response to City Council direction at the September 19 Council e e u meeting, the attached resolution as recommended for the purpose of formally denying Planning Commission Application No. 77029 sub - mitted by L. W. Joel Company. • Disposition ACTING CITY MANAGER'S COMMENTS Page 3 • Item 71 vidin for Public ea for Improvement Projects No. 1977 -19 20 Pro g Hearing I p 1 & The attached resolution is recommended for the purpose of providing for a public hearing for Street and Curb and Gutter Improvement Projects No.1977 -19 & 20 located on Lyndale Avenue North from 59th Avenue to 62nd Avenue- North. Disposition Item 7j Authorizing Bids for Contract No. 1977 -I The attached resolution is recommended for the purpose of approving plans and specifications and authorizing bids to be taken for Contract No 1977 -I which comprehends the construction of Water Main Improvement Project No 1977 -15 and Sanitary Sewer Improvement Projects No. 1977- 16 and 21. Disposition • Item 7k Authorizing Bids for Contract No. 1977 -J The attached resolution is recommended for the purpose of approving plans and specifications and authorizing bids to be taken for Contract No. 1977 -J which comprehends the construction of Street Surfacing Improve - ment Project No. 1977 -17 and Curb and Gutter Improvement Project No. 1977 -18 Disposition Item 71 Ordering Construction of Street Improvement Project No. 1977 -14 The attached resolution is recommended for the purpose of authorizing the commencement of construction on the above project located along: 52nd Avenue North from Drew Avenue easterly approximately 135 feet. Disposition ..,� 4 ACTING CITY MANAGER'S COMMENTS Page 4 • Item 7m Accepting Quotations for Street Improvement Project No. 1977 -14 The attached resolution is recommended for the purpose of accepting' a quotation for construction of the above designated project. Disposition Item 7n Ordering Construction of Sidewalk Improvement Project No. 1977 -12 The attached resolution is recommended for the purpose of authorizing commencement of construction of sidewalk pedestrian ramps along County Road 10 easterly of T. H. 152 and along Shingle Creek Parkway. Disposition Item 7o Awarding Bid for Contract No. 1977 -H On Monday morning bids will be opened for Contract No. 1977 -H which comprehends the construction of sidewalk`-pedestriari ramps contained within Sidewalk Improvement Project No. 1977 -12. Disposition Item 7p Accepting Work for Utility Improvement Projects (5) The attached resolutions are recommended for the purpose of accepting work for the following utility improvement projects: Sanitary Sewer Improvement Projects No. 1977 -2 5 and 8 and Water Main Improvement Projects No. 1977 -I and 7. The above projects comprehend the utility construction along Unity Avenue North north of 69th Avenue, the Chuck Thompson property south of County Road 10 westerly of June Avenue North, and the sanitary sewer in 55th Avenue North from Queen - Avenue westerly f Disposition Item 7q Accepting Quotations for Insulation at 7100 Brooklyn Boulevard The attached resolution is recommended for the purpose of accepting • the quotation for insulation of the building at 7100 Brooklyn Boulevard pursuant to the provisions of the joint powers` agreement between Brooklyn Center and Brooklyn Park relating to the CEAP headquarters. Disposition ACTING CITY MANAGER'S COMMENTS Page 5 Item 7r Authorizing Bids for Contract No. 1977 -K The attached resolution is recommended for the purpose of approving plans and specifications and authorizing bids to be taken for Contract No. 1977 -K which comprehends the construction of Street Surfacing Improvement Project No. 1977 -19 and Curb and Gutter Improvement Project No. 1977 -20. Disposition Item 8 Special Assessment Hearing (8:00 p.m.) The City Council has scheduled a public hearing on proposed special assessments for the diseased shade tree program for 8 .00 p.m this evening Disposition Item 9 Open Forum Hearing (8:15 p.m.) At the September 12, 1977 City Council meeting the City Council requested a hearing to be held regarding the open forum forrr:at on October 3, 1977. Disposition Item 10a Application No. 77045 Submitted by Berean Evangelical Free Church The above application was considered by the Planning Commission on September 14, 1977. The application is a rezoning request from R -i to I -1 for the 'westerly portion of church property addressed as 6625 Humboldt Avenue North. Disposition Item 10b Application No. 77046 Submitted by Berean Evangelical Free Church The above application was considered by the Planning Commission on September 14, 1977. The application is a request for preliminary plat approval for division of property at 6625 Humboldt Avenue North Disposition ACTING CITY MANAGEW S COMMENTS Page 6 Item 10c Application No. 77052 Submitted b KH Construction Company PP Y T The above application was considered by the Planning Commission on September 29, 1977. The application is a request for a variance from Section 35 -413 to permit a reduced buffer strip between I -1 site at 67th Avenue North cul -de -sac easterly of James Avenue North and the R -1 church site at 6625 Humboldt Avenue North. Disposition Item 10d Application No 77053 Submitted by JKH Construction Company The above application was considered by the Planning Commission on September 29, 1977. The application is for site and building a on property easterly of plan approval for n industrial building r P g P P Y Y James T Avenue North at the 67th Avenue North cul -de -sac; Disposition • Item 10e Application 77049 Submitted by Olympic Investment Company The application was considered by the Planning Commission on September 29, 1977. The application is a request for site and building plan approval for a multi- tenant commercial building at 4455 68th Avenue North Disposition Item 1 O Application No. 77050 Submitted by Denny's, Inc. The application was considered by the Planning Commission on September 29, 1977. The application is a request for site and building plan approval for a restaurant at the northwest quadrant of T.H. 100 and France Avenue North. Disposition Item l Ord Application No. 770 54 Submitted by Advanced Abrasives, Inc. • The application was considered by the Planning Commission on September 29, 1977. The application is a request for site and building plan approval for an industrial building at the northwest quadrant of 48th Avenue North and Dusharme Drive. Disposition ACTING CITY MANAGER'S COMMENTS Page 7 Item 11 Posititi40 Evaluations Study The Council on December 6, 1976 authorized Councilman Kuefler to - investigate the retention of a management consultant to evaluate the job content of the -city manager's and various City department head positions;, and to recommend competitive compensation ranges based on the job content, such that the Council could set competitive annual compensation based upon objective performance review. He will be prepared Monday evening to report on this matter. A memorandum from Councilman Kuefler, with background information, is contained in the agenda packet. Disposition Item 12a Amending Chapter 35 Regarding Rezoning Property at 67th Avenue North and James Avenue North The attached ordinance amending Chapter 35 of the City Ordinances is presented for City Council action if the Council acts favorable on Planning Commission Application No. 77045 regarding the rezoning of the westerly portion of the property at 6625 Humboldt Avenue North. Disposition "Item .12b Amending Chapter 35 Regarding Rezoning Property at 7240 Brooklyn Blvd The attached ordinance amending Chapter 35 of the City Ordinances is recommended for the purpose of rezoning the property at 7240 Brooklyn Boulevard. The City Council approved Planning Commission Application No 77026 submitted by Real Estate 10 on September 19, 1977. Disposition Item 13a Suburban Public Health Nursing Service The Suburban Public Health Nursing Service of Hennepin County to which Brooklyn: Center subscribes, has been Beverly impacted by the CommuYity Health Services Act by the formation of a Hennepin County Board of Health under the Act The statutory authority of the Suburban Public Health Nursing Service expires on December 14, 1977. I will be prepared Monday evening to report on the alternatives avai_ able to the City of Brooklyn Center. Disposition Member introduced the following resolution and moved`ts. 8` adoption: RI�SOLUTION NO. • RESOLUTION TO ADOPT THE 1978 BUDGET BE IT RESOLVED by the City Council of the City of Brooklyn Center that the appropriations for budgeted funds for the calendar year 1978 shall be: GENERAL FUND Dept. No. Department 11 Council $ 61,331 12 Charter Commission 1,500 13 City Manager's Office 311,456 14 Elections and Voters' Registration 8,939 15 Assessing 77,990 16 Finance 89,513 17 Independent Audit 15,000 18 Legal Counsel 46,000 19 Government'' Buildings 213,691 21 Detached Worker 2,500 31 Police Protection 855,265 32 Fire Protection 99,294 3 Planning and' Inspection 96,098 34 Emergency Preparedness 31,525 35 Animal Control 10,500 41 Engineering 179,229 42 Street Construction and Maintenance 367,168 43 Vehicle Maintenance 205,166 44 Traffic Signs and Signals 17,740 45 Street Lighting 78,200 46 Weed Control 750 51 Health Regulation and Inspection 26,750 53 Home Nursing 15,828 61 Recreation and Parks Administration 111,836 62 Adult Recreation Programs 51,225 63 Teen Recreation Programs 12,250 64 Children's Recreation Programs 42,995 65 General Recreation Programs 25,700 66 Community Center 241,156 69 Parks 287,655 81 Unallocated Labor 115,000 82 ' Ccntingency 100,000 TOTAL GENERAL FUND $3 PARK BOND REDEMPTION FUND 23,600 09 69 BUILDING AND IMPROVEMENT BOND REDEMPTION FUND 251,000 TOTAL APPROPRIATIONS FOR BUDGETED FUNDS $4,073,850 and RESOLUTION NO. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the source of financing the sums appropriated shall be: GENERAL PROPERTY TAXES $2,018,732 ESTIMATED REVENUE OTHER THAN PROPERTY TAXES: Penalties & 'Interest on Taxes $ 25,000 ' Licenses & Permits 130,000 Intergovernmental Revenue 1,316,422 Charges for Services 356,500 Fines & Forfeits 52,000 Miscellaneous Revenue 35,196 1,915,118 FUND TRANSFERS Liquor Fund 140,000 TOTAL SOURCE OF FINANCING $4,073,850 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 ,vpted against the same: whereupon said resolution was declared duly passed and adopted. f Member introduced the following resolution and moved itt 10 adoption: • RESOLUTION NO, RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1978 BUDGET APPROPRIATIONS BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. There is hereby approved for expenditures from general taxes, the following sums for the purpose indicated: City Operation and Administration $1,609,474 Employees` Retirement 133,547 Policemen's Pension 1 ,111 $1,74.4,132 - The foregoing does not include levies already certified to the County Auditor for the payment of outstanding loans which levies for the year 1978 are as follows Park Bond Redemption $ 23,600 1969 Building and Improvement Bond Redemption 251,000 $ 274,600 Total Expenditures for the year 1978 from General Taxes $2,018,732 2. There is hereby levied upon all taxable property lying within the City of Brooklyn Center, in addition to all levies heretofore certified to the County Auditor as indicated in paragraph one hereof, the sum of $1 744 ,132 and the City Clerk shall cause a copy of this resolution to be certified to the County Auditor so that said sum shall be spread upon the tax rolls and will be payable in the year 1978. Da to Ma yor f ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by ap ember and upon vote being taken thereon, the following oted in favor thereof: and the following voted against the same whereupon said resolution was declared duly passed and adopted Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR WHEREAS, at a SAecial Meeting of the City Council of the City, of Brooklyn Center held on March 4, 1968, a resolution was duly adopted providing in part that the sum of $5 , 500 be levied in the year 1977 for payment of principal and interest on bonds issued to finance various improvement projects; and WHEREAS, said resolution was thereafter duly certified to the Auditor of and for Hennepin County, Minnesota; and WHEREAS, there is presently on hand in the 1968 Improvement Fund sufficient money to pay any and all principal and interest on said bonds issued to finance construction of said improvements, and at least five per cent in excess thereof, without the levy of said $5,500 in the year 1977; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. It is hereby determined that the levy of a direct ad valorem tax on all ,taxable property in the City previously made and certified in the amount of $5,500 for the year 1977 in connection with the financing of various improvement projects is unnecessary and may be cancelled, there being sufficient money on hand in the 1968 Improvement Fund at the present time to pay any and all principal and interest, and at least five per cent in excess thereof, on said bonds issued to finance said improvements without collection of said direct ad valorem tax. 2. The Auditor of Hennepin County, Minnesota is hereby requested 'to cancel the said levy of $5,500 for the year 1977 previously certified pursuant to the provision of Section 475.61, Minnesota Statutes, 1957. 3. The City Clerk is hereby authorized and directed to transmit "a certified_ copy of this resolution to said Hennepin County Auditor forthwith. 1 l Date Ma yor ATTEST: Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I' Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR WHEREAS, at a regular session of the (then) Village Council of the (then) Village of Brooklyn Center held on March 8, 1960, a resolution was duly adopted providing in part that the sum of $21,300 be levied in the year 1977 for payment of principal and interest on bonds issued to finance Water Improvement No. 1960 -1; and WHEREAS, said resolution was thereafter duly certified to the Auditor of and for Hennepin County Minnesota and WHEREAS, there is presently on hand in Improvement Fund 1959 -A and B sufficient money to pay any and all principal and interest on said bonds issued to finance construction of Water Improvement No. 1960 -1, and at least five per cent in excess thereof, without the levy of said $21,300 in the year 1977- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: ` • 1. It is hereby determined that the levy of a direct ad valorem tax on all taxable property in the City previously made and certified in the amount of $21,300 ` for the year 1977 in connection with the financing of Water Improvement No. 1960 -1 is unnecessary and may be cancelled, there being sufficient money on hand in Improvement Fund 1959 -A and B at the present time to pay any and all principal and interest, and at least five per cent in excess thereof, on said bonds issued to finance said Water Improvement No. 1960 -1, without collection of said ad valorem tax. 2. The Auditor of Hennepin County, Minnesota is hereby requested to cancel the said levy of $21,300 for the year 1977 previously certified pursuant to the provisions of Section 475.61, Minnesota Statutes, 1957. 3. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to said Hennepin County Auditor forthwith. Date Mayor OTTEST: Clerk . 14 RESOLUTION NO The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR WHEREAS, at a Special Meeting of the (then) Village Council of the (then) Village of Brooklyn Center held on June 17, 1958, a resolution was duly adopted providing in part that the sum of $4,900 be levied in the year 1977 for payment of principal and interest on bonds issued to finance Water Improvement Project No. 1957 -28 and WHEREAS, said resolution was thereafter duly certified to the Auditor of and for Hennepin County, Minnesota; and WHEREAS, there is presently on hand in Improvement Fund 1958 -B sufficient money to pay any and all principal and interest on said bonds issued to finance construction of Water Improvement Project No. 1957 -28, and at least five per cent in excess thereof, without the levy of said $4,900 in the year 1977: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. It is hereby determined that the levy of a direct ad valorem tax on all • x bl p roperty of 4 to a e r er in the Cit. previously made and "certified in the amount $ 900 ! � Y Y � Y for the year 1977 in connection with the financing of Water Improvement Project No. 1957 -28 is unnecessary and may be cancelled, there being sufficient money on hand in Improvement Fund 1958 -B at the present time to pay any and all principal and interest, and at least five per in excess thereof, on said bonds issued to finance said Water Improvement Project No, .1957 -28, without collection of said direct ad valorem tax. 2. The Auditor of Hennepin County, Minnesota is hereby requested to cancel the said levy of $4 , 900 for the year 1977 previously certified pursuant to the provisions of Section 475.61, Minnesota Statutes, 1957. 3 The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to said Hennepin County Auditor forthwith. I Date Mayor GPTTEST: Clerk .. 16 RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 4 V1 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the records of the Public Utilities Billing Department lists certain accounts as delinquent for the year; and h WHEREAS, the consumers have been notified of the delinquency according to legal requirements; and WHEREAS, State Statutes 444.075 authorized certification of the delinquent accounts to the County tax rolls for collection: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to order the Director of Finance of Hennepin County to place the following delinquent accounts consisting of delinquent principal and interest thereon at 8/ on the 1977 payable 1978 tax rolls: Plat Parcel Addition Lot Block Amount. 89001 2410 Section 1 31.06 89200 5600 Balfany's Northport lst 11 6 54.56 89225 0700 Bellvue Acres 5 1 54.60 89225 2970 Bellvue Acres 15 2 54.56 89370 1400 Fair Meadows 7 1 54.20 89405 4620 Gould's Riverview 19 29.98 89441 6000 Hipp's 4th 9 6 41.59 89442 7000 Hipp's 5th 2 2 55.20 89540 5030 Linden Shore Twin Lake 16/17 3 54.56 89580 2500 Meadowlark Gardens 3 3 31.06 89665 0700 Pearson's Northport lst 7 1 54.56 ,. 89665 3000 Pearson's Northport lst 10 2 41.59 �- 18 RESOLUTION NO. Plat Parcel Addition Lot Block _ Amount 89675 0200 N. & E. Perkin's 4/5 1 54.56 89675 5460 N. & E. Perkin's 16/17 4 103.69 89679 3000 Perron 3 59.82 89961 2000 Rockwell's 2nd 2 1 54.56 90040 6000 Sunset Manor 2 3 44.70 90080 2410 Twin Lake Woods 3 2 94.17 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. UP and moved its adoption: RESOLUTION NO, RESOLUTION CERTIFYING DELINQUENT NOXIOUS WEED CUTTING ACCOUNTS FOR 1977 CUTTING TO THE'HENNEPIN COUNTY TAX ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weeds to be cut down on certain properties within the City under the authority of Minnesota Statutes, Section 18.271; and WHEREAS, the owners of record of the properties involved were notified in writing by certified mail of the work done and the costs and expenses involved at least thirty days prior to October 1, 1977, in accordance with individual - notice provisions of Subdivision 4 of Section 18.271 and WHEREAS, on October 1, 1977, there remained unpaid certain of these weed cutting accounts; and WHEREAS, Section 18.271, Subdivision 4, authorizes the certif- ication delinquent weed cutting accounts to the County tax rolls for collection; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City *of Brooklyn Center, Minnesota to order the Director of Finance of Hennepin County to place the following delinquent weed cutting accounts, consisting of weed 'cutting costs and expenses, and penalty thereon at 8% on the 1977 payable in 1978 tax rolls: Plat Parcel Addition Lot Block Amount 89036 0210 Section 36 48.57 89102 1850 Auditor's Subdivision No. 216 18/19 28.25 89103 7720 Auditor's Subdivision No. 218 56 33.20 89104 3823 Auditor's Subdivision No. 309 33 24.50 f 89105 3343 Auditor's Subdivision No. 310 27 24.50 89105 3600 Auditor's Subdivision No. 310 30 46.25 89105 3800 Auditor's Subdivision No, 310 31 26.00 89385 5800 - Garcelon's Addn. to Mpls. 39 26.00 • 20 RESOLUTION NO. Plat Parcel Addition Lot Block Amount 89425 5500 Guilford's Outlots 10 42.00 89425 6000 Guilford's Outlots 11 84.00 90017 - 9000 Shopper's 2 1 57.12 90111 3000 Willow Bluff 2 1 33.25 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: C whereupon said resolution was declared duly passed and adopted. I f • lV-L Member introduced the following resolution moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A ONE-THIRD MILL LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 462.411 THROUGH 462.711, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 197$ WHEREAS, the City Council of the City of Brooklyn Center is governing body of the City of Brooklyn Center; and WHEREAS, the City Council has received two resolutions from the Housing ` and Redevelopment Authority of the City of Brooklyn Center, one entitled a "Resolution Approving the Brooklyn Center Housing and Redevelopment Authority Budget for the Year 1978 Pursuant to MSA Chapter 462.545, Subdivision 6" and the other entitled a "Resolution Establishing the Tax Levy of the Brooklyn Center Housing and Redevelopment Authority for the Year 1978','; and WHEREAS, the City Council, pursuant to the provisions of MSA 462.545, Subdivision 6, must by resolution consent to the proposed tax levy of the Housing and Redevelopment Authority of the City of Brooklyn Center: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ` Brooklyn Center that a special tax be levied upon all real - and personal property ` within the City of Brooklyn Center in the amount equal to one -third of a mill. BE IT FURTHER RESOLVED that the said one -third mill, to be used for the ! operation of the Brooklyn Center Housing and Redevelopment Authority pursuant ` to the provisions of MSA 462.411 through 462.711, be certified for tax levy to the County Auditor of Hennepin County on or before October 10, 1977.. Date ` Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor Thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution ,and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Tree, Inspector of the City of Brooklyn Center has caused the removal of diseased shade trees on certain property within the City under the authority of Minnesota, Statutes, Section 18.203; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the pro- posed assessment for Diseased Shade Tree Improvement Project No. 1977 -11. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. The City Clerk has, with the assistance of the Engineer heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the improvements known as the improvements listed above of said City against every assessable lot, piece or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, ; piece or parcel of land to be specially assessed and the amount calculated against the same. 2. Notice has been duly published as- required by law that.this Council would meet in regular session on 'Monday, October 3, 1977, to pass on the proposed assessments. 3. Said proposed assessments have at all times been open to inspection and copying by all persons interested, and opportunity has been given to all interested persons to present their objections, if any, to such proposed assessments, or to any item thereof. 4. This Council finds that each of the lots, pieces or parcels of land enumerated in said proposed assessments was and is specially benefitted by said improvement in the amount of said proposed assessment set opposite the description of each lot, piece or parcel of land, and that amount so -yet out is hereby levied against each of the respective lots, pieces or parcels of land therein described. 5. Such proposed assessments are adopted and confirmed, and the sums fixed and named in said proposed assessments are affirmed, adopted and confirmed as the proper special assessments for each of said lots, pieces or parcels of land respectively. RESOLUTION NO. 23 • 6. Said assessments as adopted and.confirmed shall be certified to by the City Clerk and filed in his office, and shall thereon be and constitute the special assessments for the payment of the above listed improvements. 7. The amounts assessed against each lot, piece or parcel of land shall bear interest from the date hereof until the amounts have been paid at the rate of eight (8 %) per annum. S. Such assessments shall be payable in equal installments beginning in the year 1977 payable on the 16th day of November in each succeeding year and continuing until all of said installments shall have been paid, each installment to be collected with the taxes collectible during said year by the Director of Finance of Hennepin County. A. Diseased Shade Tree Removal Improvement Project No. 1977 -11 in three (3) equal installments for assessments totalling less than $300.00. B. Diseased Shade Tree Removal Improvement Project No. 1977 -11 • in five (5) equal installments for assessments totalling more than $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. 24 Member introduced the following resolution and moved its adoption: RESOLUTION NO._ RESOLUTION REGARDING DISPOSITION OF BOARD OF ADJUSTMENTS AND APPEALS APPLICATION NO. 77022' SUBMITTED BY L. W. JOEL COMPANY WHEREAS, Application No. 77022 was initiated by the L. W. Joel Company on May 17, 1977, pursuant to Section 35 -251 of the City Ordinances, as an appeal from the denial of an application for a building permit submitted on March 25, 1977; and WHEREAS, the building permit application proposes a single family dwelling on the property legally described as Outlot 1 , Bergstrom's Lynside Manor Third Addition, which was designated as an Outlot when`the subdivision was approved in 1958; and WHEREAS, the building permit application was denied because the property was designated as a substandard unbuildable Outlot with the intent that it would be combined with additional adjacent, unplatted, and available land thereby creating a buildable lot meeting established Ordinance standards; and f WHEREAS, the applicant's appeal from the denial contends that the Outlot is a lot of legal record and is a buildable lot within the language of Section 35 -500 which permits single family dwellings on substandard lots which were of legal record before January 1, 1976, provided the lot meets ' certain width,. area, and setback requirements; and WHEREAS, the Planning Commission, sitting as the Advisory Board of Adjustments and Appeals pursuant to Section 3`5- 251 of the City Ordinances, heard the appeal on June 9, 1977 and adopted Commission Resolution No. 77 -4 recommending denial of the appeal; and WHEREAS, the item was placed on the June 20, 1977 City Council agenda, at which meeting it was determined the matter was tabled until the next convenient meeting since neither the appellant or a representative were present; and WHEREAS, the item was heard by the Council, sitting as the Board of Adjustments and Appeals, on August 22, 1977 and was tabled so additional information could be developed and , WHEREAS, at the appellant's request, the item was deferred from the September 12, 1977 meeting to the September 19, 1977 meeting; and 25 RESOLUTION NO. WHEREAS, at that meeting both the appellant and the owner of the adjacent property at 5331 63rd Avenue North were recognized and were asked whether an agreement was feasible as to the subdivision of the existing parcels thereby creating a buildable lot in conformance with the Ordinance standards; and WHEREAS, the parties responded in the negative, and the appellant requested the Board to act upon the Appeal at that time, rather than continuing it so the parties might consider development alternatives: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, sitting s the Board of Adjustments and Appeals, to deny the g Appeal submitted by L. W. Joel Company under Application No. 77022, in : consideration of the following: 1. The administrative denial of the March 25,, 1977 building permit application was consistent with the spirit and intent of the City Ordinances and Planning Guidelines by which the property was designated as an unbuildable, substandard Outlot until combined: with additional, adjacent, and unplatted land. 2. The property is a platted Outlot and as such is not a buildable lot within the spirit and intent of Section 35 -500 which is directed at substandard lots or parcels of legal record platted in early nonconforming subdivisons . 3. The lots in the same subdivision as the subject Outlot, including three similar outiots combined with adjacent land, and lots in surrounding subdivisions meet or exceed ordinance standards. 4. Development of the Outlot as proposed would not be in character with the developed lots in the area, and would establish an undesirable precedent relative to the existing excess land in the unplatted parcel adjacent to the Outlot, since there is not enough excess land to create a lot within Ordinance standards. 5. The owner of the unplatted adjacent land has expressed to the City an interest in subdivision possibilities for his property, i Date Mayor ATTEST: Clerk A. RESOLUTION NO The motion for the adoption of the foregoing resolution was duly seconded by • member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1 , Member introduced the following resolution and moved its adoption; • RESOLUTION NO. RESOLUTION PROVIDING FOR PUBLIC HEARING FOR STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -19 AND CURB AND GUTTER IMPROVEMENT PROJECT NO. 1977 -20 WHEREAS, it is proposed that there be constructed improvements consisting of the following: Estimated Project No Improvement Cost 1977 -19 Street surfacing on Lyndale Avenue North $65,000.00 from the centerline of 59th Avenue North to 185 feet north of the centerline of 61st Avenue North. 1977 -20 Curb and gutter on Lyndale Avenue North 16,000.00 from the centerline of 59th Avenue North to the centerline of 62nd Avenue North. WHEREAS, the City Engineer has made a preliminary report ad i vising that said proposed improvements are feasible and that they an be constructed at estimated costs as indicated above: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The Council proposed to,proceed under authority granted by Chapter 429, Minnesota Statutes. 2. A public hearing on the proposed 'provements shall be held at the City Hall in the City on Monday, the.. 4th day of d 1977 at 8:00 p.m., central daylight time, and the Clerk shall publish notice of the time and place of hearing by two weeks' publication in the official newspaper of the City. 3. The area proposed to be assessed for said improvements is described as follows: ALL ` LOTS AND PARCELS ABUTTING THE ABOVE DESCRIBED STREETS AND /OR TO BE BENEFITTED BY THE IMPROVEMENTS. 4. These proposed improvements shall be designated as Street Surfacing Improvement Project No. 1977 -19 and Curb and Gutter Improvement W roject No. 1977 -20. RESOLUTION NO. Date Mayor i 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 i 29 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN IMPROVEMENT PROJECT NO. 1977 -15 AND SANITARY SEWER IMPROVEMENT PROJECTS NO. 1977 -16 AND 1977 -21, AND .DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -1) 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: , Water Main Improvement Project No. 1977 -15 Sanitary Sewer Improvement Projects No, 1977 -16 and 1977 -21 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 0and accompanied by a cash deposit, bid bond, cashier's check or and check payable to the City Clerk in the amount of not less than five per cent (5/) of the bids. 3. Bid date is set for Tuesday, October 18,`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: W W. nd the following voted against the same: . said resolution was declared duly passed and adopted. 43o Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -17 AND CURB AND GUTTER IMPROVEMENT PROJECT NO. 1977 --18, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -J) 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 Surfacing Improvement Project No. 1977 -17 Curb and Gutter Improvement Project No. 1977 -1$ 2. The Clerk shall advertise for bids for such improvements by publication at least once in the o- fficial 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 bids. 3. Bid date is set for Tuesday, October 18, 1977, at 11 :05 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. .� 31 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROJECT NO. 1977 - WHEREAS, on August 18, 1977, the City of Brooklyn Center received a petition from all of the affected property owners for the installation of street surfacing on 52nd Avenue North from Drew Avenue to the east approximately 135 feet; and WHEREAS, Chapter 429.031, Subdivision 3, Laws of Minnesota, provides that 'Whenever all owners of real property abutting upon any street named as the location of any improvement shall: petition the Council to construct the improvement and to assess the entire cost against their property, the Council may, without a public hearing, adopt a resolution determining such fact and ordering the improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that it has been determined that a petition signed by all owners of real property to be benefited by the installation of said street surfacing on 52nd Avenue North from Drew Avenue to the `` east approximately 135 feet has been received. P • • BE IT FURTHER RESOLVED that in accordance with Chapter 429.031 Subdivision 3, Laws of Minnesota, the above described street surfacing improvement be herewith ordered and authorized. a,3oo The estimated cost is $,i�r89E}:$9 -rte i Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly 1 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 QUOTATION FOR STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -14 ON 52ND AVENUE NORTH EAST. OF DREW AVENUE NORTH APPROXIMATELY 135 FEET. WHEREAS, the City Manager has obtained quotations for Street Surfacing Improvement Project No. 1977 -14 on 52nd Avenue North east' of Drew approximately 135 feet, and said quotations were as follows: Firm Quotation Modern Blacktop Company, Inc. $1,840.00 S & M Blacktop Company 1,886.50 Allied Blacktop Company 3,210.00 Buck Blacktop, Inc. 3,730.00 WHEREAS, the City Engineer has analyzed said quotations and has found the apparent low quotation to be an unbalanced bid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the quotation of S & M Blacktop Company in the amount of $1,886.50 for Street Surfacing Improvement Project No. 1977 -14 on 52nd Avenue North, east of Drew Avenue North approximately 135 feet, is deemed to be the best quotation submitted for said street surfacing and said quotation is hereby accepted. BE IT FURTHER RESOLVED that the Mayor and City Manager shall be authorized to execute -a contract with S & M Blacktop Company in the amount of $1,886.50. 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.trereof: 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 CONSTRUCTION OF SIDEWALK IMPROVEMENT PROJECT NO. 1977 -12 AND APPROPRIATION OF FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. That it is hereby determined that it is necessary and for the best interests of the City that the folloding sidewalk improvement project shall be constructed: Project No. Location Estimated Cost 1977 -12 At street intersections along County Road 10 from T.H.:152 to Logan Avenue North; Shingle Creek Parkway from County Road 10 to Summit Drive North; and Freeway Boulevard from James Avenue to Shingle Creek Parkway. $13,000.00 • 2. That the improvement funds be appropriated from State Aid Construction Account No. 2611 for the project. 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 REJECTING CONSTRUCTION CONTRACT BIDS (SIDEWALK CONTRACT 1977 -H) WHEREAS, the City Clerk and the City Engineer have reported that on October 3, 1977, at * 11:00 o'clock a.m., central daylight time, they opened and tabulated bids received for Contract 1977 -H for Sidewalk Improvement Project No. 1977 -12 and that said bids were as follows: 1) Concrete Curb Company....... $21,570.00 2) Victor Carlson & Sons, Inc........ $24,695.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that inasmuch as all bids submitted exceeded the Engineer's estimate for the work, it is deemed in the best interests of the City to reject all bids as outlined above. 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 > doted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. a r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Gerald Stepaniak, Inc., has satisfactorily completed the following improvement in accordance with said contract: Trunk Water Main Improvement Project No. 1977 -1 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 center- line of 69th Avenue North northerly approximately 460 feet NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The work completed under said contract is hereby accepted and approved,_ 2. The value of work performed is less than the original contract amount by $2,057.00 because of a general overestimate of sub -grade preparation plan quantities. 3.. It is hereby; directed that final - payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said contract for said improvement project shall be $20,927.50. 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. RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Gerald Stepaniak, Inc., has satisfactorily completed the following improvement in accordance with said contract: Sanitary Sewer Improvement Project No. 1977 -2 In proposed Unity Avenue North from the centerline of 69th Avenue North northerly approximately 400 feet. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center 1. The work completed under said contract is hereby accepted- and approved. 2. The value of work performed exceeded the original contract amount by $142.10 because of a general underestimate of plan quantities. • .3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said contract for said improvement project shall be I� $9,088.30. 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. 35 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Gerald Stepaniak, Inc., has satisfactorily completed the following improvement in accordance with said contract: Sanitary Sewer Improvement Project No. 1977 -5 In 55th Avenue North from the centerline of Queen Avenue North westerly approximately 135 feet, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The work completed under said contract is hereby accepted and approved. 2. The value of work performed is less than the original contract amount by $1,270.60 because of the following: • a. Change Order No. 1 for the deletion of the outside drop manhole connection and gas service cuts, decreased the contract amount by $900.00. b. General overestimate of 'plan quantities decreased original contract amount by $370.60: 3. It is hereby directed that final payment be made on said contract, taking the Contractor -'s receipt in full. The total amount to be paid for said contract for said improvement project shall be $3,607.40. Date Mayor ATTEST: Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 3 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Gerald Stepaniak, Inc., has satisfactorily completed the following improvement in accordance with said contract: Water Main Improvement Project No. 1977 -7 Southerly approximately 265 feet across park property from a point on the south right -of -way line of County Road 10 lying approximately 307 feet westerly of the centerline of June Avenue North. (South side intersection) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The work completed under said contract is hereby accepted and approved. 2. The value of work performed is less than the original • contract amount by $251.00 because of a general overestimate of plan quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said contract for said improvement project shall be $3,340.00. 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. 38 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Gerald Stepaniak,'Inc., has satisfactorily completed the following improvement in accordance with said contract: Sanitary Sewer Improvement Project No. 1977 -8 Southerly approximately 265 feet across park property frcan 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 ). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The work completed under said contract is hereby accepted and approved. • 2. The value of work performed is less than the original contract amount by $606.00 because of an overestimation in the clearing, grubbing and seeding plan quantities. 3. It is hereby_ directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said contract for said improvement project shall, be $2,560.00. 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 fallowing 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 WORK CONT RACTED BY CITY) WHEREAS, pursuant to ; a written contract signed with the City of Brooklyn Center, Minnesota, Gerald Stepaniak, Inc., has satisfactorily completed the following improvement in accordance with said contract Water Main Transmission Improvement Project No. 1976 -10 Camden Avenue North from 670 feet south of 72nd Avenue North to Woodbine Lane. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Brooklyn Center: 1. The work completed under said contract is- hereby accepted and approved. 2. The value of work performed exceeded the original contract amount by $517.80 because of the following: x' a. Change order No. 2 for the change in fittings necessary f for connecting to the existing water main increased the contract amount by $280.00. b. General underestimate of plan quantities increased original contract amount by $237.80. 3. It is hereby directed that final'payment'be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said contract for said improvement project shall be $26,950.80. 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 INSULATION FOR QEAP BUILDING AT 7100 BROOKLYN BOULEVARD ( 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 ten thousand dollars ($10,000); and 1 WHEREAS, the City Manager has obtained quotations on the purchase of insulation materials and has determined that the quotation of Twin City Insulation in the amount of $1,381 for insulation materials for the LEAP Building 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 insulation materials in the amount of $1,381 from Twin City Insulation. 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. 43ZI Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET SURFACING IMPROVEMENT PROJECT NO. 1977-19 AND CURB AND GUTTER IMPROVEMENT PROJECT NO. 1977 -20, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -K f 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 Surfacing Improvement Project No. 1977 -19 Curb and Gutter Improvement Project No. 1977 -20 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 R 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 bids ( 3. Bid date is set for Tuesday, December b, 1977, at 11:00 o'clock a.m., central standard 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 AUTHORIZING THE PURCHASE OF LABOR, EQUIPMENT, AND PARTS NECESSARY TO REPAIR #7 PUMP AND WELL 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 ten thousand dollars ($10,000); and WHEREAS, the City Manager has obtained quotations on the repair of #7 pump and well and has determined that the quotation of Keys Well Drilling Company in the amount of $5,770 for repairing #7 pump and well 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 repair of #7 pump and well in - the amount of $5,770 from Keys Well Drilling Company R . Date Mayor u 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. r - , i 40 CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING REZONING OF CERTAIN PROPERTY FROM R -1 TO I -1 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: > Section 1. Section 35 -1200 of the City Ordinances is hereby amended, in part, by the addition of the following: The West 325 feet, as measured along the North and South lines thereof, of the following described property: that part of the Southeast 1/4 of the Northeast 1/4 of Section 35._ Township 119, Range 21, dying North of the North line of Lot 2, Block 1, Brooklyn Center Industrial Park Plat 2, and the North line of Lot 1, Block 1, Twin Cities Interchange Park and its Easterly extension, and lying East of the East line of Lot 1 , Block 1, Brooklyn Center Industrial Park Plat 2 and its Northerly extension. The North line of said property being determined by judicial Landmarks set pursuant to Torrens Case No. _4945: Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication Adoped this day of , 19 Mayor ATTEST: Date of Publication Effective Date 41 CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER. 35 OF THE CITY ORDINANCES RELATIVE TO REZONING OF CERTAIN PROPERTY FROM R -1 TO C -1 t THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -1170 is hereby amended, in part, by the addition of the following: Lot 20, Auditor's Subdivision No. 57 • Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 I f Mayor ATTEST: Date of Publication Effective Date Licenses to be approved by the City Council on October 3, 1977 42 GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Loren's Rubbish Removal 3210 North 6th Street - 1tj:b Midwest Grease Company P. O. Box 222 'CZ S nitarian h NONPERISHABLE VENDING MACHINE LICENSE Canteen Company 6300 Penn Ave. So. McCulloch, Irid . 1800 Freeway Blvd. Lod /1 Coca -Cola 1189 Egan Ind. Road Colart Corporation 6800 Shingle Creek 1 Whirltronics 3401 48th Ave. No, Jimmy Jingle, Inc. 2601 2nd Ave. So. 7 Johnson Control 1801 67th Ave. anitarian t PERISHABLE VENDING MACHINE LICENSE ARA Services 2830 N. Fairview r North Star Dodge 6740 Brooklyn Blvd. Canteen Company 6300 Penn Ave. So.. McCulloch, Ind. 1800 Freeway Blvd ` ,• 4 �j Jimmy Jingle, Inc. 2 601 2nd Ave. So. Johnson Control 1801 67th Ave, Bob Ryan Olds 6700 Brooklyn Blvd, Servomation 4301 68th Ave. No. Schmitt Music Center 2400 Freeway Blvd. • Sanitarian -�