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HomeMy WebLinkAbout1972 11-20 CCP Regular Session IM F- N DA waklyn Center 30 om Call to Order Ar oll Call Invoc �ryyy p Invocation /I Approval of 3vAnutes - C3d #ober l November, 6 and 7 1972 r Approve Creek Villas" final Plat 410jobP &' Review Green Giant l,:,zquor License Authorization 'r P nning Commission Items X8.!00 p.m.): 01 Application Iii;o. 72074 sibmitted by A.Eo lvIell.ing Application No. 1 7 submitted by B o C � I e Pa a Application AT �'20P •�abmitted by Green Gian; Application No. 12080 submitted-by Clarence Dudley 8. R �`3 tions Au0c>r°izing issuance of Temporary Improvement Notes Acc+,Rptinca wrvk for sidewalk contract 1971 --C Authorizing agreement with Minnesota HI hway L t for traffic signals a CUd inances: Library Land ,Sale to Hennepin County . ►� Dutch. Elm Disease Control 1 Proposal to Amend 1973 Tax Le lei ` DI ussion Iter:�s: %r► ►z�a Joint %ater Treatment Facilities x b,, Water Distribution Storage Sturdy cr, Civil Defense Emergency Plan Proposed State Tarr Cominissionerrs Regulattene rratier Report .a Shingle Creek Strip it 4 Licenses 1 3. Ad,lournment � M" Q#A t CITY MANAGER'S COMMENTS Item S. Approve Creek Villas' Final Plat The final plat of Creek Villas' subdivision will be presented fcr City Council approval Monday evening. In considering the plat it is suggested that a review discussion be initiated regarding the adequacy of the screening between the development and the exist Ing single family homes along the south side of -tale project. Disposition ; r Item 6.` Review Green Giant Liquce License Authorisation On January 31, 1972, the City Council authorized the issuance bf a liquor ticense for the Green Giant Restaurant, Since that time changes have occurred in the corporate structure ane management, as well as in the 'interior floor plan$ for the proposed liquor lounge and restaurant,. Consequently, the existing Green Giant site Is deficient in parking and the Green Giant Company is concurre ly seeking a special use permit for off -site parking, Disposition.:, } Item Ica Application No. 72079 submitted b reen pP Y G Gia#at We will be prepared Monday evening to present a detailed review of the liquor lounge and restaurant floss' plans as well as the off - site parking' plays, The required actien is to approve or disapprove the amendment to the Green Giant liquor license applicatia s previously approved and authorized for licensing; on Jenua 31 1972. Disposition Item 8a. Resolution, authorizing issuance of Temporary Improvement Notes The attached resolution is recommended for the! purpose of authorising a routine issuance of Temporary Improvement Notenr to finance current` specyial, assesfnment projects. ` Disposition -- Item 8b, Resolution Accepting walk for sidewalk Contrast 1971 -C The attached tesoluttors are recommended for tie purpose of accepting sidewalk work included in Contract 1971-C. Disposition City Manager's Comments Page 2. Item Sc. Resolution Authorizing agreement with Minnesota Highway g y Department for traffic signals i Thd attached resolution is recommended for the purpose of authorising the execution of a standard 'maintenance agreement with the Minnesota Highway Department for njsw traffic signals to be located at the Freeway and Brooklyn Boulevard. D idpositlor� : - --:,.®. ........,.....m............�.. Item 9a. Ordinance: Library Land Sale to Hennepin County The attached ordinance is recommended for the purpose of conveying the land underlying the Brooklyn Center Bransh of the Hennepin County Library system to Hennepin County. Disposition Item 9b. Ordinance: Dutch Elm Disease Control The attached ordinance was first read on Octd yer 16, 19711.and published on October 26, 1972. We will be prepared Monday evening to prepare additional infaftatien as requested) by the City Council, Dispositio Item 10 Proposal to Amend 1175 Tax Levy. A proposal was introduced on November 6, 1912 with the intention of reducing the 1973 prdpOrty tax levy in the amount by which that levy exceeded the levy limitationt3. This proposal further cgmpre -- ► headed that the amount of the reduction be replaced in the 1973 budget by revenue sharing funded. The aateched resee1ut1orm fire Intended to authorize the amendment to the 1973 tax 1". If that Proposal is inPldrhented, additional aoUQn will be required In then future to transfer monies fmfn the revenue sharing fund tp various budget ecoounts . Disposition R City Manager's Comments Page 3 nt 'F Facilities a t W w Item l l a . in Water Treatment The Director of Public Works will be prepared Ito further discuss the concept of a joint water treatment facility wlc the Cities of Brooklyn 'ark and Coon Rapids, Dispositio Item 11 b. Water Distribution Storage Study The Director of Public Works will be prepared to explain . the features of the water distribution storage study recently completed by Elack and Veatch, consulting engineers retained by ,Brooklyn Center. Disposition Item 11c Civil Defense Emergency Plan The Brooklyn Center Civil Defense Emergency Plan, last modified in 1966, has been redrafted at the urging of stata and federal Civil Defense Authorities and is submitted for review and adoptions Disposition Item l l d. Proposed State Tax Commis stoner` s Regulation s We will be prepared Monday evening o discuss progress relative to the proposed tau levy limitation regulations promulga ..- by the State Commission of Taxation. Disposition Item 11 1e. Brauer Report - Shingle Creek Strip The Brooklyn Center -Park and Recreation lesion on September 13 reviewed the Shongle Creek proposal <pre Co by Erauer and Associates acrd acted to recommend its approval to the City Cbuncila A copy of the report: was previously furnished to Council members Disposition I i I` I Member toy introduced the following resolution L and snowed its adoptions RESOLUTION NC3. _.�. RESCCLU a'l0N A THE ISSUANCE OF TEMPORARY TMPltOVEMENT LJk $' WHEREAS, there I s a need for interior financing prior to the selling of bonds to finance caUin imymament "act costs which are to be asses4ed against benefited PrOPWtiss: NOW THI MEFORE, BE IT RESOLVED by the City Co uncil of the City of Brooklyn Center, Minnesota, to authorize the issuance and sale , by Special Assessment C:onsuuction Fund No. 20, Temporary Improvement Notes in the amount o"60-0 These notes shell be dated November 13, 1972 and shall be payable out b proc+seds of the final bond i ssue for the projects. These notes shall bear are intwest rate of 5% per annum in ecoocdance with Resolution No. 71 -107, dated May 24, 1971, which established an interest rate on lows from the investment Trust Fund to other City Funds. BE IT FURTHER RESOLVED that the City of Brooklyn Center Inve:stnaent . Trust Fund be authorized to purchase these n0t0s. 2E IT FURTHER RESOLVED that the Mayor and City Manager be authodzed to execute the aforementioned note. - NgvgMbgr 3. 1972 Date mayor A E c" r • i The motion fo of 00 foregtof" reeoluto was duly seco bit member , and. upon vote be taken therv the following vated in favofw and the following voted agarinxt the same: Whereupon said rasolution we& declared duly passed and Wo�#ed. Member 10 1*000e introduced the following resolution and moved its adoptions RESOLUTION NO. r S� X AM WORK .„ _(CONTRAOM iii � CI TY) wRERFAS, pursuant to a written contract signed with . the City of Brooklyn Center, Minnesota. Standard Sidewalk. Xne., has satisfactor- r ily completed the following improvement in accordance with said contract: Sidewalk Improvement pro no. 1971 -12 (Contract 1971 -C) Both sides of C.S.A..8.10 from 10l Ave. to Shingle Creek Pkwy. the north side of C.S.A..H.a10 from Shingle Creek Pkwy". to Xerxes Avr.t and both sides of C.S.A from Xerxes Ave. to the corporate limits. NOW, THEREFORE, BE IT RMLVED by the City Council of the city of Brooklyn Center: 1. The work completed under said contract is hereby accepted and approved. 2� The ..- rk performed.is lees than the original con - tract amount by $1.0,048 because: a) The conts incl ed plan uantitfes for sidewalk along the south 'side o :� nom Xerxes Avenue to Shingle Creek Parkway, although t�Z s segment had been prior to award of contract, thus reflecting a 6,100.00 reduction in the contract cost. b) Easements were obtained along,C.S.A..8.10 from T.8.152 to T.H.100 to eliminate the need for a bituminous boulevard, thus reducing the contract cost by $3j465J0. C) General overestimation of plan cuanties 3.. it is hereby directed that final payment be made on said con - tract, taking the Contractor's receipt in full.e total amount to be paid for said contract for said imp rovement pro shall be $46,973 10. Date Mayor 3 C VV49Mted Tnemotion for the of the foregoing resolut was duly seconded by member and upon va being taken thereon, the follow in favor thereof: I and the following voted against the same: whereupon said resolution was declared. duly send and adopted. 1 I I Member introduced the fo,l2,owing resolution and moved its ption.- RBSOLUTION 30 RESOLUTION PERTAINING 20 Mtlftbi gom HIGHI^Y DRMJ AGREEMENT NO. 57153 -M YOR TRAj'P'IC CONTROL SIGN &W A? 2= T.S. 94 'I RCHA NIPS An T. H. 152 BE iT RESOLVED that the City of Brooklyn Center erttor into an agreement with the State of Minnesota, DepaOtmnt of Highways, for the following purpos to -wits "To maintain and I Provide electric . enrfargyl itrr the traffic control signals with street lights at tb� Trunk Highway way 94 Interchange ramps and Trunk Highway go. ;152 (Brooklyn Boulevard) in accordance with they terms d conditions set forth and contained in Agreement No. 571153 -N, a copy of which was before the Oo►uncil. r- BE IT FURTHER R MLVED that the Mayor and City y Manager be and they are hereby authorised to execute such An agreement, aad thereby assume for and can behalf of the City of I ,Brooklyn Center all of the contractual obligations contained thOrein. I I ; Date ....._"_`�' yor ATTEST: Clerk r The motion "`for the a !the foregoing replu on was duly seconded by member - - and upcp to bring taken thereon, the followi voted in favor thereof: a and the following voted against the same: whereupon said -resolution was declared P duly as sd and adopted, I I Cl1'Y OF BROO.KLYN CENTER Y- ORDINANCE NO.. t3T AN ORDINANCE AUTHORIZING THE CONVEXANCE pr R 'ES'TATE FROM THE CIV OF BROOKLYN CENTER TO HEENNEPIN CO NTY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: PREAMBLE. WHEREAS. the Hennepin County Library goardha s indicated a degire to acquire certain Brooklyn Center owned ro ert described below for.the u lie purpose of continuity and ex andin a Herne in Count librar facilit an WHEREAS. the subject property is presently lensed to Hennepin County, by the City of Brooklyn Center u ntil December 31 201`8 for the sum of one dollar,2er year, and WHEREAS it is determined to be in the` best interests of the citiz ns of _ Brooklyn Center to convey the sub ect piroRerty to Herne in CQUnt and to use the roceeds therefrom consistent with Section 12.05 of the Cit charter, and WHEREAS it is determined that sub ect ro ert is no lon er needed for municipal Rurpose_sf and WHEREAS nde nd nt a rain 1 en of the currt market vale of the property, were secured, It is therefore determined- to convey the follow n described real estate tca'le.nae in Count consist with Section 12.05 of the City Charter. Section 2: Property description in terms of conveyance. } That C ity of Brooklyn Center owned p de cribe_d a : Lot 1, Block 1 Library Terrace shall c v ti i f f 34,745. 00 to be pg1d to the City of BLooklyp Center rovi ed that th Cites Brooklyn Center shall pay those outstandin s cial as' Enents als! qned against the above des cribed - pMgerty as`of the effective date of'thi: ordinance. A i:urcha agreement shall` be drawn and executed by bath parties, setting fra the financial terms as , reseribed by this ordinance and further ssettinq forth such other reasonable terms as may be mutually agreed between,the roes. Ordinance No. Section 3: This ordinance shall become effective after adoption and thirty ;days following its legal publication. Adopted this day Of I9 Mayor ATTEST: Clerk Published in the official newspaper Effective Bate (Brackets indicate matter to be deleted and underline indicates new matter) y i CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE RELATIVE TO THE DETECTION AND CONTROL. OF UTC I LM 216M. K THE CITY COUNCIL of THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section l: Chapter 19 of the City Ordinances is hereby amended by the addition of the following: Section 9-1501, NyMQ& DErniry Any living ors di �* art thereof infected to any degree with- Dutch Elm disease fungus CeLaWc M i Buisnan Mor or which harbors any of the elm baE boetle Scgl striatus or H lnr o inns Rufi es Is hereby de cla red t be a R ui ne . Any dead tree or _ Part the re 2 f. inc ludin g 1 s, branches. ljMmpjor firewood, is hereby declared to be a public nuisance. Section 19 -1502. NUISANCE PROHIBITED. It shall be unl for the ow ner of any Parcel of land in the City of Brooklyn Center to permit or maintain can any such parcel of Land or upon abutting street right of way any elm true or dead el wood which is a public nuisance as defined in Section 19- 1501.- It shall be the duty of any such cwner to j2romRtiy abate the nuisance by removing and destro such elm tree or dead elm wood a manner authorized b the City M anager or his drily authorized representative. Sectio 9- 0 P TIN WTHORIZED, I r to car o_ut the_ purposes`of this ordinancg and to IM plement the enf thereof, the City Maugc or his duly autho rized re resentative I s hereby authorized and em cared to eat r u ml any parcel of land in the City of Brooklyn Cent r at all rensonable hours for th 29rw offiins2ecting any elm trees or dead elm wood situated thereon and removing specimen.. therefrom for laboratory analysis. analysis. It shall be unlawful for any Person t prevent or Interfere with the City Manager or his duly authorized representative in the Derf ©rManrr' of any duties provided fob in this ordinance Scction 19-1504. NQTICZ TO ABATE NUISANCE If 11 is determi tbgt a Public nuisance ex is on a Rgrc2l of land or abutting street right of way, the Pit. Man ager shall cause to be served upon the own of the parcel of land a written no nce requiring such owner to abate the nuisance. Written nf-)ticc shall be served by M= i stared mails addressed to the owner of the parcel at his l ast known add ress. If the owner upon whom suc notice is served fails, nealccts, or r to a #late the nuisance within ten da2s aft2r mallin cL such notice the City Ma naQCr or h i is du authorized re r s n atives May e t2 abate the nuisance and cha the co thereof auainstAe gM2E to IM 221d by IQ th Cit of Brooklyn r ORDINANCE NO. SeCUgn „19 -250 i�3J,l�AM� F M AIA .D:.Sr.�R ach_yQ F. Clerk shall list the =1 unDaid 9s LgE eagh nui AbAt MRDI AMUS10 to res ectiv la nd pmEzu to the 2rg — v isions pf Minnesota Statu! s Chapt 9.29. Thg gjW Council shall le s npa charges as ARecial assessments agai respective yareels of land, pert such special asses- ments to the -Coun AudiLo The spegial as s 0 of such unRILd c: shall be i n addition to - an ' na ti s IMposed against he ownff of a 2gr of land for violation of the provisions of this ordinance cP. _ Se I9-1506, PENALTIES. Any Ursa fir or coeorati vfc�fn� rovis of this ordinance h LjqQn _ g j ngg ectinn, or rafusin4 to comply with thr pro visions thereof. shad, upon conviction thereof„ _ be pu, nished �a in of to exceed th ree hundred (S30 0) and bvimprisonm to e xceed ninetyg day . Scction 2: This ordinance shall become effective after adoption and thirty (30) clays following its legal publication. Adopted this_ day of 1 --..` • I Mayor ATTEST: Clerk Published in the official newspaper October 26, 1972 Effective Date (Underline indicates new matter) Mein►beF ' ' introduced the fir rersolution.asit moved its adopt!ce: RESOLUTION RESOLUTION TO AMEND THE 1973 BUDGET AS ADOPTER ON OCTOBER 4, 1 972 WHEREAS, the Cites Council of the City of Brooklyn Center on October 4, 19 i 2 did adcpt Resolution No.. 72 -178 which established the 1973 Budget; and WHEREAS, the budget as adopted did provide for the exceeding of pmputy tax limitations, established by Minnesota Statute$ of 1971, by the amount of $22,326 and a subsopent reduction in local government aid revenue to be received by the City in 1973 by the amount of $2,030; and WHEREAS, on October 20, 1972, the State and Local Fiscal Assistance Act of 1972 (Title 1, Public Law 92-512) was approved; and WHEREAS, said act does provide additional revenue to the City which was not available at the time of the adoption of the 1973 budget; and ! WHEREAS, it is the intent of the City Council to use a part of the revenue t sharing funds to reduce the tax lewy to the ma. levy ,allowable f without incurring penalty: BE IT THEREFORE RESOLVED by the City Council of the City of Brooklyn E Center to amend the 1973 Budget as follows: E the appropriations for budgeted funds for the calendar year 1973 shall be: GENERAL FUND: Mayor & Council 59, 754 Elections & Registration 6, 764 Administrative :Office 168,360 t Assessor 49,242 i Finance 66,727 Independent Audit 8,500 Legal Services 29,270 Charter Commission Government Buildings 148,016 Police Protection 483,258 Fire Protection 35,919 Protective Inspection 51,653 Civil Defense 8,792 Animal Control 8.500 ` Engineering 125,302 SL met Maintenance & Equipment Maint. Shop 328,567 f Resolution No. Street Lighting $ 50 Conservation of Health 32,959 Parks and Recreation 468,279 Judgements and Losses 13,954 Unallocated Depastmerltal Labor b5, O00 TOTAL GENERAL FUND; $ 2 1 209,289 LIBRARY BOND REDEMPTION 15,300 PARK BOND REDEMPTION FUND 27,900 1969 BUILDING & IMPROVEMENT BOND REDEMPTION FUND 268,000 POOR RELIEF FUND 20,000 FIREMENS RELIEF ASSOCIATION , 25,638 EMPLOYEES' RETIREMENT FUND 73,000 POLICEMAN'S PENSION FUND 61 TOTAL APPROPRIATIONS FOR BUDGETED FUNDS $ 2, 7 627 The source of financing the sums appropriated shall be: GENERAL, PROPERTY TAXES $ 1,339,726 ESTIMATED REVENUE OTHER THAN PROPERTY TAXES :' Penalties & Interest on property taxes $ 20,000 Business Licenses & Permits 42,000 Non- Business Licenses & Permits 44,000 • Street Use S00 Court Fines 45,000 Interest 20,000 Rent 7,000 Shared Taxes 654,764 General Government Services 39,100 Recreation Fees 204,406" Refunds & Reimbursements 18,595 Other Income l , 00 0 TOTAL ESTIMATED REVENUE OTHER. THAN PROPERTY TAXES 1,096,365 GENERAL FUND. SURPLUS 33,497 FUND TRANSFERS: Liquor Fund $ 204,043 Library Sale Fund 15,300 Federal Revenue Sharing Fund 111696 TOTAL FUND`TRANSI'ERS 23 03q TOTAL SOURCE OF FINANCING 7 00,6_2, 7 Date ATT01: Mayor Cleric The motion for the adoption of the foregoing resoiution was duly seconded, by member and upon vote being taken thereon', the followin7 voted its favor thereof: and the following voted aoainst the same* Member introduced the following resolutLM And moved its adoption# RESOLMON X0w RESOLMOR T* kU==Zz A V=MnCA7T0M OF A TAX LM MR_ - 1 BUD= AIRE&= WHEREAS the City Council of the City of Brooklyn Center on October 4, 1972, did adopt Resolution ]No. '72 -179 Which authorized a tax levy for 1973 budget appropriations; and WHEREAS, the - levy authorized did exceed property tax limitations.established'by' sota Statutes of 1971 by the amount of $22,326; and WHEREAS ce October 70, 1972, the State and Local Fiscal Assistance Act of 1972 (Title I., Public Law 92- 512) was ppparovedi and said act does, provide additional revenue to the City which was not available at the time of the adoption of the 1973 budget; and MMPJM it *s the intent of the City Council to use a part of the revenue sharing funds to reduce the property tax levy to ! the maximum levy allowable without incurring penalty: BE IT,THEREFORE RESOLVED by the City Council of the City of Brooklyn Center to recertify' a, tax levy for 1973 Budget Appropriations as follows-. 1. '.Where is hereby approved for expenditures from general taxes, the following sums*for the purpose indicated: City operation and Administration $ 863,688 Poor Relief 20,000 Firemen's Relief Association 25,638 Employees' Retirement 73,000 Policeman's Pension 61,500 1 0 8 The foregoing does not include levies already certified to the County Auditor for the payment of outstanding loans which levies for the year 1973 are as follows: Resolution so. 14 Park Bond RedeVption' $ 27,900 1969 Building and Im ProvfuGnt Bond- �tedemption 2 .000 ... al all Total' Expenditures for the year 1973 from General Taxes X1.339,726 y 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 $1,043,826, and the City C lerk shall cause a copy of this resolution to be certified to the County Auditor so that said sum shall be spread pon the tax rolls and will be payable in the year 1973. 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 w and the following voted against the game; whereupon said resolution was declared duly passed and ddopted. �F Licenses to be approved by the City Council on November 20, 1972 _ 15` Ralph's Super Service 6601 Lyndale Ave. No. City Clerk FOCI BSTRBLISHSN'I'_. LICENSE Hot Sam Company 1264 B r ookdale c ente r ' Poppin Fresh Pie Shop 3601 Xerxes Ave. No. ' Sanitarian 'C ool y M RBAGE AND REFUSE COLLECTIO LICENSE Mader Services, .Inc. Box 4413, Mpls. ' , Sanitarian G SOLINE SERV STATION LICENSE Brooklyn Cen l*e r' Un ion 76 6840 Humboldt Ave. No Ralph's Super Service 6601 Lyndale Ave. No." h Fire Marshal BEATING A1QD AIR! CONDIMONI INSTALLATION LICENSE Suburban A r'Conditioning 3419 Center Drive , uildng thsirecf ' C, HAMCAL SYSPW INSTALLATION LICEN P YID Wta1e U. Klatke Plbg. & H eating 636 Sherid ve. No. 9 �. u:.lding Iris. or j r' Member introduced the following; resolution and moved its adoption: RESOLUTION 110 S T ACCEPTI WORK E� R R ACCEPTI.vC '('CONTRACTED' 'BY 'CITY)' WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, P-tinnesota, Standard Sidewalk, Inc., has satis- factorily completed the following improvement in accordance with said contract. .+ Sidewalk Improvement Project No. 1971 -11 (Contract 1971 -C)' I.� Both sides of T.H. 152 from T.H._100 to the north corporate limits.' 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 *14,392.44 because: r a) It was possible to utilize certain areas of inplace bituminous surface as a walkway surface, thus reflecting a reduction in contract 'cost of approximately $6,800.00.' b) A redilction in contract cost of approximately *5 occured when an anticipated boulevard width. of 9 feet ; was not possible to obtain by easements along; the entire project. c) General overestimation of plan quantities. 3. It is hereby directed that final payment he made on said contract, taking the Contractor's receipt in full. The 'total amount to be paid for said improvement project shall he $105,446.56. 1 f t e� + rate P17yor ATTEST : . .... ... ., er a r The motion for the do n of the foregoing resolution was duly >, seconded by member , and upon vote being ;taken thereon, the following voted in favor thereof: 'a and the following voted against the same: '�✓ whereupon said resolution was declared duly passed and adopted. �3