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HomeMy WebLinkAbout1972 11-06 CCP Regular Session 9 AGENDA City of Brooklyn Center November 6, 1972 7 :30 p,. m. Call to Order ' / Rol Call Wr Invocation RR [ A; // Approval of Minutes - Oc ber 2, 4 an 16 Acknowledge Claims Authorize Bond Releases: a� Development Bond submitted by Jolly Green Giant Restaurants, Inc. Development' Bond submitted by North Star Dodge co Development Bond submitted by Wiensch Construction Co. rl:' Development > Bond submitted by Shopper's City ae!' Development Bond submitted by Ryan Construction Company (Super Valu) jkr Development Bond submitted by United National Investors Corporation (Northbrook Shopping Center`s A Subdivision Bond submitted for Kelly Estates . . A Subdivision Bond submitted for vVangsted's Brooklyn Terrace, Fifth Addition Authorize Connection to Minneapolis Water System 8. Authorize Issuance of Liquor Licenses:�� , ,r•� [ (U a. Northern States Enterprises, Inc. (�Sino's Stea House) ' JC Vj4 Sunday or H oliday nn t u d � c. Sunday Li ense for `Noithern Stake Enterpr s Inc (NinoMSteak Houses Review Preliminary Ali grr� Pia s fo Co n hwQ 130 PI ing Commission Items: �.,■. �. Amendment to Application N .Darrell Parr Development t . Corporation b. Application No. 7102S submitted by Darrell Farr Development Corporation 11 Resolutions: y a. Authorizing agreement with Minnesota Highway Department for traffic signals F b. Accepting work for sidewalk contract 1971 -C , 1 Ordinances a, Dutch Elm Disease Control b. Library Land Sale to Hennepin County r #r Page ;2 13. Discussion It -ems; a. Join. V�aHer `area filent Facilities . Water asrt�.h .io? � Study c. Civil Defenses Emergency Plan d. Proposed State Tax Com- misstoner` s Regulations e. Brauer Report - Shingle Greek Strip 14. Licenses is, Adjourmnent i CITY MANAGER'S COMMENTS Item 5. Acknowledge Claims It is recommended thnt the City Council acknowledge the filing of two claiffis against the City of Brooklyn Center, one in the amount Of $15,000.00 filed by Tames Francis peckeis and one in the amount of S15,000.00 - Aled by - D onald Miunt. DispositUl r k4j Item 6a` D ev e lopment Bond submitted by Jolly Green Giant Restaurants, Inc. The subject bond was submitted in The amount of $2500.00 to guarantee a side Almpzovernent: at the Green: Giant Restaurant. The work has been satisfactorily completed and It is recommended that the bond release be autho D a Soositi.oxn `✓ Item 6b. Development: Bond submitted by North Star Dodge The subject bond In the araount of $ -15, 0000 00 was posted to guarantee site improvements at North Star Dodge, 6800 Brootdyn $ou'evsrd. The work has been performed satisfacturil� and it is recommended that the bond be releasea. Lisposition�� Item 6c Development Bond subrlitt -sd by Viiensch Construction Co. `m'i'le subject build in kis.e airy )un of $ 000 - ' 'to gu arantee site improvements at the George Pare Development at 66th and Ca r don avenues Not . The wo =k has been satisfactorily completed and it is recor mended that the bond be re: ase Disposiican PS) 4 I;"era3 6d Development; Bond subm tttcd by Shopper's City T he subject bond in Vie amount of $`15 was hosts` to guarantee site improvements at Shopp City. The work h been saf sfactoMy. completed and it is °ecommended th.al e bon be released. Dis- Positi.on t 'G � City Manager's Comments Item 6e Development Bond submitted by Ryan Construction Company (Super Valu) The subject bond wa posted to guarantee site improvements at Super Valu, 5801 Xerxes Avenue North. The work has been satisfactorily completed and it is recommended that the nd be''rel sed.j ©. Dfsposition �J Item of Development Bond subaiiUed by �Natloinal Investors C Linn ` (Northbrook Shopping Centers The subject bond in the amount of $10;000.00 s posted to guarantee site improvements a t Northbrook ,S opping Center in conjunction with t ' new Country it ld5b Store � The work has been satisfactorily com- pleted and it is recommended thot the bd eleased Disposition CT Item 6g A Subdivision 'Bond submitted for relay 'Estates A subdivision bond in the amount of C$:2:9 :00:0" presently on file for the Kelly' estates subdivision located on the s outh s of 70th Avenue North between' trunk highway 159 and vViilow Lane. An Inspection of the subdivision Indicates that sufficient work has been ire justify a` reduction in the subdivision bond from $2900.00 E tOk$550.00.1 It is r commended tha s��ch a re action be antno i ed. Disposition Item 6h A " or, Zond s =ubinzitted for Vangstad's Brooklyn Terrace, Fifth Addition f ° subdivision l:�ond in the amounfi o�$47 is on file for Wangstad`s Brooklyn Terrace, ' 71.-Lh Addition located on the south side of 0 Avenue forth between June Avenue and a point approximately e et vest of France Avenue. An ins aection of the subdivision indicat s' that the work.-related o the su' ivision ha s been completed and it is, therefore, re onimendie het te be be releas L' ispositlon City Ma nager's Comments S=tern 7 Authorize Connection. to Minneapolis Water System The property owner at 5109 Xerxes Avenue North, Mr. Donald J. Gliadon, has requested authorization from the City Council to connect to the Minneapolis water system in Xerxes Avenue. The Minneapolis/Brooklyn Center boundary ilne runs down the center line. of Xerxes Avenue in this ! location. Rather than duplicate an existing water line earlier installed by Minneapolis, it has been the past policy of the City Council to authorize Brooklyn Center residents along Xerxes Avenue to connect. to the Minneapolis water system as they request. It is so recommended in this lnstance. r Y G11., D�.sposl r,so O �.,.�. Ite Sa Northern States Enterprises, Inc. (Nino`s Steak House) We will be prepared Monday evening to submit to the City Council an application for a liquor lice , by Northern States En ter rise. 7 who intend to Gg - to a.:: ino''s Steak House Restaurant iin the lower E ark . el of the office bui. ;ding pre eentl bbeing erected in. t e ladustrial Disposition Item So Sunday Lb;ense for Holiday The Sunday liquor license ol;dinance becoines effectiv N9v r.1ber 5,` 1 972 It, e w ill bee prepared MiondaY evening to present an application f9r such a Sunday liquor licanse for the Holilay Inn located at 65th and Humboldt Avenues North. It em- Sunday License for Northern States Enterprises Inc o /,Nino's Steals Housei 1 ,A` e will be prepared ?Monday evening to present an application for a Sunday liquor license sought' by Northe:rn States Enterprises, Inc. on behalf of Nino's Steal- House Restaurant. Disposition aamme mmua Item 9 v e inary Alignment Plans for County Big hw No 130 For a considerable period of time there has been concern expressed for some indication of the future plans for County Highway No. 130 (69th Avenue Norm) The Director of Public Works w311 be prepared to review with the City Council Monday evening a set of prelimtnory alignment plans recently received from the Heinnepin County Highway Department Although there is at this time no proposed construc schedule, it is desirable that an alignment be established so that new developments, particularly in the Industrial Park, can be referenced to such roadway a gnment. Disposition tem 10a Amendment M Application No. 70012 submitted by Darrell Farr Development Corporation Application No. ?0012 represents the Chessman 'Town House Pro e most recently considered by the City C ouncil in December 1971. The Darrell Farr Development Corporation is seeking an amendment to the application', which will be described .Monda vening. Dispositto Its 1Ob Application No. 71025 submitted by Dowell Farr Dev elopme3nt Corp. Application No. 71025 refers to the Brookdaie Te�wers C�ffioe proie� currently being completed by the barren Fax Development Gorporatlon Its its meeting of October 16, 1971 the City Council deferred considera- tion, of the landscaping plans relative to e p ec un suc me a s a ve o the firm was present. a er as en irected o r. arrel A, Farr reques ng r a e preeetit to represent the a pplication o Dispositf n Item l la Authorizing agreement with 3w;innesota H hway Department for traffic signals The attached resoiution is Intended to authotize the execution of at standard maintenance agreement with the Minneso to Highway Depart- ment for new traffic signals to be located at the freeway and Brooklyn Boulevard. Disposition 5 s City: Manager's Comments Xtem 11b Accepting work for sidewalk contract 1971 —C The attached resolution is intended for the.purpose of accepting sidewalk work included in contract 1971 "C. Disposition Item 12a Dutch Elm Disease Concrc l The attached ordinance was first read on October 36, 1972 and published on October`26, 1972. We' will be prepared Monday evening to present additional infor(nation as requested; by the City Council. Disposition Rem 12b Library Land Sale to Hennepin County The attached ordinance is intended for the purpose of conveying the land underlying the Brooklyn Center Bkanch of the Hennepin County Library System to HHennepin County.' Disposition� - Item 13a joint Water Treat€ eitlt Facilities } The Director of Pub.X Forks will be prepared to further discuss the concept of m joint water treatment €acility with the City of Brooklyn Park. D;spos?o} mt.e.m 13b Wager Dist.ihution Sto -a e Study The Director of Public VVorks will be prepared to explain the features of the water d stri.ou-Lion storage sttid'y recently compl.eted'by :.lack and Meatch, cGnsultinq engineers reteined by Brooklyn Center. Dis:pos tiny t City Manager's Comments �1 Item 13c Civil Defense Emergency Plan The Brooklyn Center Civil Defense Emergency Plan, last amodiflted ` in 1965, has been redrafted at the urging of state and federal civil defense authorities and is submitted for. review and adoption. Disposition Item 1`3d: Proposed State Ta Commissioner's Regulations We will be prepared Monday evening to offer comments relative to _ formal regulations being proposed by the State Tax Commissloner F for the purpose of implementing the 1971 Omnibus Tax Law. Certain of the regulations, which will eventually have the force of law, are , in conflict with the judicial findings in our recent court suit. Disposition Item ,lie Brauer Report m Shingle Creek Strip The Brooklyn Center; Park and Recreation Commission on September 13 reviewed the Shingle Creek proposal prepared by Brauer & Associate's and acted to recommend its approval to the City Council. A`copy of the resort wa"s previously furnished to Council members. Disposition A Member introducn*d, the following resolution and moved its adoption LMON X0 :ESC?DtJTI ®N P 3jl W in � . HLGHWMa" DFFAR pT AGRUMENT NO. 5' 153 UMINC DPI C.E FOR TRAFFIC 03NTROL I T.H. 94 Z pAMp AMD T B1: IT RESOLVED that the City of Brookly n Center enter into an egreenazent F it e the t�� b: Of :lditEaW80ta Department of Highways, for the following purposes, to -wit% To maihtain and lox'Ov,? e lectric energy for t1he traffic antrel signals, street li�hte at a Tn� � Hag��way 94 lntertYn ge ramps �,ne� - � °runk Fli hwa o. g Y �. �� (Brookl 0 uleva.rd in accordance with the terms and oond tbc+ns set fix and doni im Agr0effimt No. 57153-M a c opy of uttioh s bef ore. t jo 'anoil." BE IT r R RESOD, tUt the Kayo an City Manager be and they are hereby aut�horizad to execute such an agreement, and thereby assume for and or), beh I alf of- the City of Brooklyn Center All of the contractual rabligations c- ntainsd therein. t .m .giDat .)r ATTEST: pp ^yyuu 1 "rile mot iron for the adoption of the foreg�z i act `e poi ut.a eaxa was duly � s ecoxided n . m6ex ber and span vote being taken thereon, the following fi'ots in fawar thereof*. and.. the o "(:aw'xng v a, inst the sane, � vrhereuPon sai resOlUlti.on ors declared daly passed and adopted. r y�: ?is.1r,¢r the following resolution and moved its adgption: 8 ° • DLiPrIQli ptl� • ... RESOLUTION AECEPx'IM WORD ° REM M BYT"!'y' WHEREAS 9 p tnt::to a written Co tract signed with the City of Brooklyn Center, + , Staff walk` Inc., has satfs- factorily� completed. the fbIIW t, in accordance with said contract: Sidewalk Y pro t 1�0. 1!"t1� 1 CC- antract 1992 -C) Both sides of T.H. 152 from T,H * 100 to the north corporate limits floW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Centers 1. The work completud under said contract is hereby accepted and approved. 2. The value of wo rk performed is less than the original contract amount by $14 392*44 because: a) it was possible to utilize certain areas of inplace bituminous sur face as a walkway ` surface thus reflecti.nk7 a. reduction in contract cost-of approximately $6 b) A reduction in contract cost of approximately $5 odcured when an anticipated boulevard width of V feet was not possible to obtain by easements along the entire p r o ject. c) General overestimation of plan quantities. 3. It is hereby directed that final payment Le made an said contract, taking the Contractor' receipt in full, The total amount to be paid for said improvement project shall be S1 05,44C.5E. t a e .. yor ATTEST........ The Notion for the 44 * ` !'the f oregoing resolution was duly and by me s nd upon vo being taken therson the following pro' ' i-sw favor thereof: and the follow Lng MotOd AgAiMt the s thereupon said resolution was daolmred duly passed and adapted. Member introduced the following resolution and moved its adoptions R88DLUT20N g0. RZOOLIDTION Accap a 1 om 199UM R+lD AX CZMU .rrr. r.r�.rr..� , pnrsuatrt to a written contract signed with tb. City of Brooklyn center,, Uimissota, Standard sidewalk. Inc., has satisSietor. iiy completed the followigg inProvMent in accordance with, said contraetts sidewalk Improvmmt p"Je Ot MO. 3971 -12 (Contract 1971 -c) Both sides of C.SAAALO fus Logan Ave.. to Shingle Creek "tvy.: the north side of C.8.Ajt to from Shingle creek pkwy. to Xerxes Asl.l and both sides of C.8.AH.10 from Xerxes Ave. to the went corporate 1Anits. NOW, f+ORta RX IT R1ZSOLVaD by the City Council of the City of_ Brooklyn Contort 1. The work completed under said contract is hereby accepted and approved. 2. The value of wo rk performed is lose than the original con- . , tract amount by $10,048.90 because: a) The contract included plan quantities for sidewalk along the south side of C.s.A.a.10 fz Xerxes Avenue to Shingle Creek Parkway although this segment had been eliminated prior to award of contract, thus reflecting a $6,100.00 reduction in the contract cost. b) Rasoments were obtained along C.S.A.H.10 from T.R.152 to T.H.100 to eliminate the need for a bituminous boul+vard; thus reducing the contract cost by $3,465.00. e) General overestimation of plan quantities. 31, Ii is hereby directed that final payment be ma de on said con- tract, taking the Contractor's receipt in full. The total amount to be paid for said contract for said improvement pr oject shall be $46,973.10. Date Mayor ATTESTS :. Cler3s The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote 'being taken' thereon, the following toted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE RELATIVE TO THE DETECTION AND CONTROL OF DUTCH 'ELM DISEASE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: k .. Section 1: Chapter 19 of the City Ordinances is hereby amended by the k addition of the following: Se tin 19-1501. NUI CE DEFINED, Any living or standLog SLIM IM2 QE mart thereof Infected to any d2Me with the Dutch Elm disease fungus Ceratocvstts Ulmi Buisna Mcr of lhg elm rk beetles Scojy$M Mul s is us 2r HyIM22inug R fi s h 1 r o is n i nce. j f Any dead elm tMI or jMjj th r f Including 129 s, branchegi Atum2s 2r. f firewood. is hereby d2cclared to be a public nuisance. c I S ctio 12-1502. NMI CE PROHIBITED. It shall be unlawf for the own r fan roe f la d i City o c okl n Center to`" rmit or maintain on f any such arcel of land or u n but et ri ht of way an elm tree' r dead elm W22.4 which is a oublIc nuisance as defined in Section 19 -1501. It shall be the duty of a ny such owner to promptly abate the nuisance by removing and destroying. such elm tree or dead elm wood in a aa Authorized by the CAM Manager or his dul authorized representative. Section 19 -1503, INSPECTIONS AUTHORIZED. in order to carry out the purposes of this ordinance and to implement the enforcement thereof,, fh city Manag,• or his duly authorized representative Is hereby authorized and empowered to enter ur any parc of land in the City of Brooklyn Center at all reasonable hours for th purpose of insjectingany elm trees or dead elm woad situated thereon and removin §Recimens therefrom for laboratory analysis. It shall be unlawful for any person to prevent or Interfere with the City Ma a er or his duly aut orized re` res ntative in the erformance- of any duties provided for in this ordinance. Sectio 19-1§04, 1IOTICE TO ABATE NLJISAN( If it . 'determined that a Dublic nuisance exists on a parcel of land or abutting street right of way, the City r jbg LeAuIrLng sMch gEner to abate the nulgAng2, Written notice 'shall be served r istered mail addressed to the o the 2ilrcel at his last known adds ss' I ow ti pon w hom such notice ' is served fails neglects. or refuses to abate the nuisance within ten days after mailing such notice the City Mana ` er or his dul authorized representaUv2s may roc d to abate the nuisance and cha a the cost thereof against the owner to be vaid by such owner to the City, of Brooklyn Center. ORDINANCE NO. Se on - . ,year the gm Clerk sho 1 s the tot un i s f s' c ba em n b, t o re t iv c .. rot a u thg prg visions , > of Minnegga a uam Chapter 429. � The ity Oour�il1� ! ever such un amid oharcres as, suecial asses manta st r s ve and c in such spe cial as m nts to j e County Au I tor. ThS 1pegial assessment of such un 'aid cha es shall be in addition to any ponjiti-eA impo against the owner of a jLarce of far for violatian of the pro_visteins of this ordinance. SectiBn 19 ISO PFIAI��In person firm® or ooporstion violating o lce falbing, n eglecting, or refusIng to comply wi �risicsns thereo# ` s abl u o avismon thereof, be Punished by a fine ' not to exceed a�°ee h�c��dr€�d de�llars� �$�Qti� and by irsorisonmera, fi not to..excEed Wnety (90) dam Section 2® This ordina shall become effective after adoption and thIrty (30) days following its 'legal publication. Adopted this ay of 1 0 Mayor ATTEST a Clerk Published fin the official. newspaper October 26, 1972 Effective Date (Underline indicates new matter) I CrfY OF' BROOKLYN CENTER • ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL ESTATE FROM THE CITY OF BROOKLYN CENTER TO HENNEPIN CouNTY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IDES ORDAIN AS FOLLOWS: Section 1. FR__F.AMBLE, MMEWI ;, MW AM2M C2=9 lAbOLl 821W he s 1WICaWA 2• deaft to acQuire clamillIMLlIn CeRt dgMlbed below f She mi of gontlaulnu and 2MWMg a HenneRin C2uiLtj IL b r facilit WHEREAS the sub ct gMpeny is presently leased to H County b the C112 of Brooklyn Center until December 31 2018 for the um 2f one dollar pere__ar; and WHEREAS It Ig d erm be. in the best Interests of thg citi ens 2L Br22klyn Center to cone u ct PrOR29X to H nne in gogntX gMA 12 Mg e the oceeds therefrom con ere t sri h S2Stlon 12.05 of thg i Cfitdgr. a WHEREAS, ii is determined that the subject property is no l2oer named for municipal purposes; and WHEREAS independent appraisals of the current market value of the property were secured. F It is, therefore, determined to convey the following described real F 2 state to Hennepin consistent with Section 12.05 of the City Charter. ' Section 2: PMRerty description` in terms of conveyance. Tho City of §M2klyn Center SMped ro rt deagribld,a t Lot 1. Slogk, 1. Library Terrace s hall o v' 122 1811112 HennepAn t i r tl f $34.745,00 to be " aid to the it of Br 1` Center rovided that th Cit m of Brooklyn Center'sh ll Rgy thoge special assessments asligne against the above described 2ro22rty as of the effective date of this ordinance. A purchase agreement shall be drawn and executed - by both Rartles, settin forth the financial terms as 2regcribed bX this ordinance and further setting forth such other reasonable terms ag may be mutually agreed between the 2Lirtlej. f K Ordimince No. S,®ation 34: This ordInance shall become Offecttve after edoPtion and thirty days followkw Its legal, PubUcation. Adoftted this day of 19 y Mayor ATTEST: Clerk -° Published In the official newspa p 4 er Effective Date (Brackets indicate matter to be deleted and underline indicates new raattea°) F r 4 Licenses to be approved by the City Council on November 6 1972 i CHRISTMAS TREE SALES LICENSE Newcomb Bros. Nursery, Inc. Shoo ' City s W1C Cit Cler IGARETTI LICE Metro 300 6840 Brooklyn Blvd. City Clerk WE DR ILLINIG LICENSE N. H. Reamer Sons 5464 Co. Rd. 1S Malehke We ll 9580 Quaker Ln ]Building xnspec zor FOOD FSTABLZSBM,ENT LI CENSE' Metro 303 6840 Brooklyn Blvd -t:^ ...... The Winemaker 1361 Brookdale Ctr. Sanitarian G ARBAGE AND REx'il'L7SE COLL LICENSE Countrywide Sanitation Box 46, Montrose i�a 1.�.�•�n..� . Sanitarian GhSOLINE SERVICE ETA I L X SE Metro-500 6840 Brooklyn Blvd. "i-?ty C14rk MECHAMAL SYSTEM LICENSE Anoka Plbg. & Heating 2209 E. Again St. . Fleining Sheet Meta1 Co. 773 CSlorar.;o Ave. S. Guntre l Plbg. & Beating 1209 TAT. Broadway Jerry Baer Heating and Vent. C :. 302 -- 4th Ave. S. Markson Co. 53i7 A Shoreline Dr. . gA Preferre Sheet Ik tol, Inc. 3 088 Rice S t. . ,. .. R;aivan Plj'jj.. 5316 Industry Ave. . . Building.- Inspector NON -- PERISHABLE FOOD VENDIVTO 11 LIC ENSE x: Metro .300 _ 6340 Brooklyn Blvd. �,��,�r, �t ► Sanitarian �)