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Home My WebLink About1972 12-18 CCP Regular Session AG } City of Brooklyn Center December 18, 1972 T 7:30 p. m. AR '1 Call to Order r ,/2 Roll Call nvocat n " ✓ a Approve 1 nuYes December 4, 197 Approve Fire Relief Association Investment y � ��Res ions; Authorize Issuance of Temporary Improvement Note Calling Special Assessment Bonds (3) . -C'' - Transferring Bond Surplus to Capital Improvement Fund Authorizing Execution of Sewer Maintenance Agreement a. Adjusting 1972 Budget Accounts " fa uthorizing Recertification of 1973 Tax Levy g Amending 1973 Budget in Anticipation of Revenue Sharing Funds f blir, Hearing to Amend Sanitary Sewer Connection Fees (8 :00 p.m. Resolution Amending Schedule of Rates and Fees Resolution Regarding Establishment of SAC Charge f 8, Pla ing Commission Items; 1f} Application No. 72081 submitted by R W. Engstrom'"' Y V. Application No. 72082 submitted by Bo C. 1. P. -"(P ' Application No. 72083 submitted by B C. I. P,(� � F -tl Application No. 72084 submitted by H G W. Stenquis Application No. 72085 submitted by R. 'E,, N411ler 1 s dJAA cpplication Rio. 72077 submitted by B. C� 1. P } Y *, 9. Cr ancesa n - � / Autthorizing Conveyance of Real Estate to Hennepin County " Amending Chapter S - Fire Prevention Code a c.: Establishing Dutch Elm Disease Control 10. Discussion Items: a Revenue Sharing Funds b, Water Distribution and Storage Study c. Civil Defense Emergency Plan d. Brauer Report = Shingle Creek Strip 11. Adjournment CITY MANAGER'S COMMENTS , S. Approve Fire Relief Association Investment The investment described in the attached letter has been reviewdd #ir the City Treasurer a nd found to be consistent with relevant ws ' It Is recommended t t the City Co ap r mrest ot, ... Disposition 6a. Authorize Issuance of Temporary Improvement Note The attached resolution Is recommended for the purpose of issuing a routine p temporary Improvement note authorizing interim financing for tnarrent C on- struction pro) ects . Dispositi 6b. Calling Special Assessment Bonds (3 The three attached resolutions are recommended for the purpose of permittf recovery of certain special assessment fund surpluses according to a capital projects finance plan developed in 1968. Disposition` 6c. Transferring Bond Surplus to Capital Improvemeest Fund The attached resolution Is recommended for the purpose of authorizing the transfer of certain special as sessment fund surpluses to the capital projects fund. Disposition - — 6d. Authorizing Execution of Sewer Maintenance Agreement The attached resolution proposes to authorize the Mayor and City Mager t+�► renew an interceptor maintenance contract with the Metropolitan Sewer &wrd. I will be prepared to further discuss this matter Monday evening. Disposition City Manager's Comments Page 2 6e. Adjusting 1972 Budget Accounts The attached resolution is recommended for the purpose of making the annual year -end adjustment to 1972 budget accounts. Disposition 6f. Authorizing Recertification of 1973 Tax Levy A proposal was introduced November 6, 1972 with the intention of reducing the 1973 property tax levy in the amount by which that levy exceeded the levy limitations. Phe proposal further comprehended that the amount of the reduction be replaced in the 1973 budget by Revenue Sharing funds. The attached resolution is intended to authorize amendment to the 1973 tax levy. Disposition fig. Amending 1973 Budget in Anticipation of Revenue Sharing Funds The attached resolution is intended to authorize amendment to the 1973 budget by the inclusion of Revenue Sharing funds to replace any reduction in the 1973 tax levy. Disposition, 7, Public Hearing to Amend Sanitary Sewer Connection Feces (8:00 p.m. Pursuant to provisions of Section 11.02 of the City Charter, 'a public hearing has been scheduled for 8 :00 p.m. regarding the matter of establishing pro- visions for the Metropolitan Council imposed Sewer Availability Charge. Disposition. 7a. Resolution Amending Schedule of Rates and Pees The attached resolutioA is recommended for the purpose of amending the schedule of rites and fees for the use and connection to the Brooklyn Center Sanitary Sewer System by the addition of the Sewer Availability Charge provisions: Disposition City Manager Comments Page 3 7b. Resolution Regarding Establishment of SAC Charge The attach re ti I I n r n e to C Co Instructions attached so1 u on s submitted i 4spo s City sw structio and is intended to express the City Council's opposition to the Sewer Availability Charge concept and to provide instructions for the collection and retention of such charges pending a determination of legal proceedings presently underway. ` Disposition 9a. Authorizing Conveyance of Real Estate to Hennepin County' The attached ordinance was first read on November 20, 1972 published on November 30,, 1972 and is offered this evening for second readiap and adoption, P Disposition " 9b.. Amending Chapter 5 - Fire Prevention Code The attached ordinance was first read on December 4, 1932 and published on December 7, 1972 and Is offered this evening for second reading and adoption. Disposi - .ter - -- ..., .,.. .�. ....,.w.�.. .. _.._.�..�. k 9c. Establishing Dutch Elm Disease Control The attached ordinance was first read on October 16, 1972 and published on October 26, 1972. We will be prepared Monday evening to preeient addi- tional Information requested by the City Council. Disposition 10a. Revenuer Sharing Funds k - It is suggested that a discussi+bn be geperated regarding the factor of Revenue Sharing as it aifecu Brooldyn Center. We will be prepared Monday evenWq to provide any n*cessary information regarding the features of the Revenue Sharing law, Disposition r City Manager's Comments Page 4 10b. Water Distribution and Storage Study The Director of Public Works will be prepared to explain the features of the Water Distribution and Storage Study compietsd by Black and Veatl6h, consulting engineers retained by Brooklyn Center. Disposition loc, Civil Defense Emergency Plan The Brooklyn Center Civil Defense Emergency Plan, last modified in 1965 has been redrafted at the urging of state and federal civil defense authorities and is submitted for review and adoption. Disposition _ 101. Brauer Report - Shingle Creek Strip The Brooklyn Center Park and Recreation Commision on September 13 reviewed c the Shingle Creek proposal prepared by Brauer & Associates and acted to recommend Its approval to the City Council'. A copy of the r ep ort was previously furnished to Council members. Dkepositio�n E k t c ITS FIRE OEP?`%Q M-ENT YN 6 2 tv ") C S BROOK! "'N `"ELI r c p ,• ,, r . - 1, `R 0, F / r TL l lam , E F 1 t. ( e. '• .Z+ Dsssuber 11 1972 City Cnunci 1 City of Brooklym Gent.er 6301 ainale Creek Parkway Brooklyn Clenter Minn. A Special Board Meeting of the Brooklyn ter Fire Departnont Relief issoci&Uou was 1sld on December 4 1972•¢ The following reeaumndation was made and a pprovot.. Treaslirer William Ramay Vma authorized to Wahaos 115 of Ni4dgan wi eoansin ripolina Bonds at the interest rate o;2# which vill vo.turo fty 1990. The cost is 115®573 ®50 We feel tbis ie as vice jwrestumt sa j yen will approve of this &cticn® Respostfully su t 9 James qty 4aughn Brooklyn Center Fire !)opt* JRVdv Relief Assoa cation 9 i -ell" Member introduced the following resolution and moved its adoption: RESOLUTION NO...�._...., RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMRROV'hME It S WHEREAS, there is a need for interim financitp prior to the selling of bonds to finance certain improvement prroject costs which are to be assessed against benefited properties: NOW, THEREFORE, RE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to authorize the Issuance and sale by Special Assessment Construction Fund No. 20, Temporary ement Notes in the amount of $48,000.00. These notes shall be dated December 12, 1972, and shall be payable out of proceeds of the final bond Issue for the projec Th notes shall bea an I ntere st rote of S% per annum in accordance with Resolution No. 71 -107, dated May 24, 1871, which established an interest rate on loans from the : Inveestment Trust Fund to other City Funds,' BE IT FURTHER RESOLVED that the City of Brooklyn Center investment Trust Fund be authorized to purchase these notes. BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute the aforementioned note. Date Mayor ATTEST: e... Cl ark The motion for e a ption of the foregoing resolution was duly seconded by member and upon Vote being taken thereon, the following voted r thereof and the following vote against the same: whereupon said resolution was declared duly passed and adopted. Mambo , introdaced the following resolution and moved its adoptions RESOLUTICK > ,. RESOLUTION CALLING FOR PRBFA'YM UT OF Ci=FAL OBLI ATIOM 195M FUND, WHEREAS, under the terms of the 1955 ► Fund Street Improvement Bonds issued September 1. 1955, the City of Brooklyn Center may call all bonds maturing on January 1, 1970, and thereafter on January 1. _1966, and any interest ppyment date thereafter at par plus accrued interest; and by January l; 1973, the 1955A Fund will have accrued sufficient monies to redeem all outstanding bonds of the Fund due on January 1, 1974, through January 1, 1976; and July 1, 1973, is the neat interest payment date after January 1, 1973; and WHERZASR the Red emption of such. ,bands will cause a substantial' savings of interent,expense to the City olb Brool G lyn Center, and , the redemipt.L n of such bonds will satisfy all outstanding obligatims of the Fund; Bow, T , HZRZV= , IT MOMM by" the City Council of the city of Brooklyn Center, Minnesota that tb*t City give notice to the paying agent and the last known bond holders that all 'bonds maturing of the 1955A Street Improvement Bonds on January 1, 1974, through January , 1976, , are hereby called for payment as of July 1, ;1973; and BE IT_ FURTHER RESOLVED that the City Treasurer is hereby authocixed and instructed to take whatever actions are necessary to call the bonds. Date mayor ATTESTz. Clerk The motion for the a t ° of the foregoing reso luticn was duly seconded by member and upon vote nq taken thereon, the foil i voted Of.- and favor ther*ofs and the following voted against the games whereupon said resolution was declared duly sect and adopted. Member - introduced the following resolution and moved its option: RESOLUTION NO......,_,.._.,,. RSSOLUTION CALLING FOR pREpAyXM OF GMRAL OBLIGATION S OF = 19560 FUND WMRRAS, under the terms of the 1956c Fund improvement Bonds issued October I 1956, the City of Brooklyn Center may call all bonds maturing on January 1, 1968, and thereafter on January 1 1967, and any interest payment date thereafter at par plus accrued interests and WHEREAS, by January 1, 1973, the 19560 Fund will have - accrued sufficient monies to redeem all outstanding bonds of the Fund due on January 1, 1974, through January 1, 1977; and WHEREAS, July 1, 1973, is the next interest payment date after January 1, 1,973; and WHERFAS, the redemption of such bonds will cause a substantial, savings of interest expense to the City of Brooklyn Center; and , the redemption of such bonds will satisfy all outstanding obligations of, the Fund: NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Brooklyn Center, Minnesota that the City give notice to the paying agent and the last known bi and holders that all bonds manuring of the 19560 improvement Bonds on January I, 1974,. through January 1, 1977, are hereby celled for payment as of July 1,.1973.- and BE IT FURTHER OL D that the 'City Treasurer its hereby authorized and instructed to take whatever actions are 'necessary to call the bonds. Date Mayor ATTEST: Clerk the motion for this a of tts foreq€gesoluti ®n s duly seconded by member and upon vote be' g taken thereon, the fol,lowi g voted In favor thereof d the following voted against the same: whereupon said .remoluti.on was declared duly passed and adopted. art xa �ra;�r i:rocaucea the roiLowuw resoauuon ant moved its adoption: RESOLUTION NO. RESOLUTION CALLING KM PREPAYWMM OF GENERAL OBLIGATION ROND F 1HE 1218 B WHEREAS, under tome of the 1958 B Fund Improvement Bonds issued July 1, 1958, the City of Brooklyn Center may call aH bands maturing on Janu ary 1, 1970 and thereafter on January 1, 1964 and any interest payment date thereafter at par plus accrued interest plus a premium of $ 10.00 for each bond redeemed and WHEREAS, by January 1 1973, the 1950 B Fund trill have accrued suffkftnt monies to redeem all outstanding bands of tbs Fund due cn January 1, 1976 through January 1, 1979; and WHEREAS, July 1, 1973 Is the next interest payment date after January 1, 1`973; and WHEREAS, the redemption of such bonds will cause a substantial savings of interest expense to the City of Brooklyn Center, and WHEREAS, the redemption of such bonds will setisfy all outstanding obligations of the Fund; NOW, THEREFORE, BE.IT RESOLVED by, the City Council of the City of Brooklyn Center, Minnesota that the City give notice to the pay agent and the last known bond holders that all bonds maturing of the 1958 B Improvement Bonds on January 1, 1974 through January 1, 1979 are hereby called for payment as of July 1, 1973; and BE IT FURTHER RESOLVED that the City Treasurer is hereby authorized and instructed to take whatever actions wo necessary' W veil the bonds. Date Mayor r ATTEST: CI The motion for n of the foregoing rewh tioe duly seconded by member and hpaa vote ` to 7thereon, the following voted in favor ther and the following voted against the same: whereupon said resolution was declared duly passed and ado pted. Member introduced the following resolution and moved its adoption: 7E18SOLUTION No. RESOLUTION TO TRANSFER SURPLUS FUNDS FROM VARIOUS SPECIAL ASSES Mm CAPI U ploisC'!16 F= WHEREAS, on October 14. 1968. the City Council of the City of Brooklyn Center did establish a Capital Projects Fund to provide funds and to account for the expenditure of such funds for major capital outlays ` (which include, but is not limited to cOgstruction or•' acquisition of major pearcmanent facilities 'having a relatively long life) and /or to reduce debt incurred for capital outlays and WHEREAS, the Council did resolve that the sources of revenue for the fiord would consist of ad valorem taxation, transfers by the Council of suppluses of other City Funds, issuance of bonds, interest earnings of the Fund, and , other sources of revenue which from time to time the City Council deems to be available for transfer to the Fund; and in the dovelopnnt of a Capital Projects Finance Plan by the City Council in 1368, the Council did determine that surplus funds accrued in certain Special Assessment Funds which primarily were a result of interest earnings on the investments of the fund, be transferred on an annual basis to the Capital 'Projects Fund, and WHEREAS, the above mentioned Capital Projects Finance - Plan did anticipate the transfer of $60.000 in 1969, $31,000 in 1970, $75,000 in 1971, and $61,000 in 1972 to the Capital Projects Funds and WHEREAS, - to. date, the Council has transferred the amount of $14+4,000 from the Special Assesseeatrnts to time Capital Projects Fund in accordance,with the financial pUml.and WHST&M, there now a exists acamulated cash surpluses in Special Assessment Fund no. 6 (195511 Fsad), Special Assessment Fund loo. 7 (19560 d). and Special Assessment ftnd no. 11 (19588 Fund) in the amount of $133,0001 and WINDEAS, all obligations of the abwe mentioned Funds have been satisfied and all bonds in the Funds have, been paid or called for 4 paywmt, and that the accumulated cash surplvms are primarily as t of the interest earzted on the is s nt of Special assessment prepayments and annual , assessaant levies: NW. THEREFORE BE IT ABSOLVED by the, City Council of the City of Brooklyn Center to transfer to the capital Projects Fund the amount of $60,000 from Special Assesawrit Fund No. 6 (19SSA Fund), the amount of $43,000 from Special Aseeament Md No. 7 (19S6C Fund), and the amount of $30,000 from Special M oosaaant Fund No. 11 (19588 Fund) Date mayor E k C le r1 The:otion fort ad ti he foregoisag` resolution was duty C seconded by member' and upon vote ing` taken thereon, the following d in favor there : C and the following voted against the sage whereupon said resolution was declardd duly passed and adopted. r Member � introduced the following reschvtio^ and moved its adoption: RESOLUTION NO Rr&QkUjQfi AMENDING THE 19Z 91NE, RA ,L F = SlIaM f WHEREAS, Section 7.09 of the City Charter of the Ci of Bmoklyn Center does provide for a contingency appropriation as a part of the General Fund Budget and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, Section 7.08 of the City Charter does also provide for the increase of a budget appropriation by the City Council if the actual receipts excRrr: the estimates; and WHEREAS, Section 7.08 of the City Charter does also provide for the transfer by the City Council: of any unencumbered appropriation balances from r one office, department or agency to another within the same fund` NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Brooklyn Center that the. 197'2 "General Fund Budget be amended as follows 1. Transfer $ 52, 000, 00 from the Mayor and Council's Contvnrjency Fund Appropriation `Account No. 40`1 - 48) to the following de- partmental appropriations in the amounts shown: Government Buildings $35,000.00 Street Lighting 6 000.0 Administrative Office J 11.000.00 Increase the appropriations for the following departments in the amount listed for the reason thanthe actual rece is from the ' activity exceeded the budget revenue estimate by at least the amount of the appropriation increase: Parks and Recreation 51, 000.00 " 3 Transfer unencumbered appropriation balances between departments as follows: F Charter Commission $ 1 Police Protection 5,000.04 Civil Defense 1,300.00 Engineering 4, U00.00 Street Department 14,000-00 Administrative Office 8, 000. CO Elections 600.00 Internal AudAt 600.00 Parks and Recreation 15,000.00 Judgment and Losses 100.00 RESOLUTION NO. Date Mayor ATTEST: Clerk The motion f r a a n of the foregoing rrisolu s duly seconded by member and upon vote Taken thereon, the following vo favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. S Member introduced the following resolution and moved its adoptions- RESOLUTION NO..,, RESOLUTION, TO AUTHORIZE A RECERTIFICATION OF A TAX LEVY FgA 1973 HUAGET APPROPKAUQ 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 tax levy authorized did exceed property tax limitations established by Minnesota Statutes of 1971 by the amount of $22,326; and WHEREAS, on October 20, 1972, the State and Local Fiscal Assistance Act of 1972 (Title I, Public Law 92 -512) was gppreved: and WHEREAS, said act dces 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 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. There in hereby approved pproved for *xpemditures from general taxes, the following slims for the purpose indicated% City Operation and Administration $ 863,688 Poor Relief Firemen's Relief Association 25,638 ,y Employees' Retirement 73,040 I Policeman's Pension 61,500 i i 1 .: 04 3 , 826 l 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: a i 4 { Resolution No. Park Bond Redepption $ 27,900 1969 Building and Improvement 4 Bond Redemption 268 2 95s 900 Total 89cpsr:ditures for the year 1973 from General Taxes $1,339,7Z 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 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 1973. Date Mayor f F r ATTEST: �r 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 th8 same: whereupon said resolution was declared duly passed and ddopted. JUM Member aed the Mowtnq resolution and moved its adoption: RESOLUTION RESOLUTION TO AMEND THE 1973 BUDGET AS ADOPTED ON QCTOBER 4. 1972 WHEREAS, the CUT Council of the City of Brot*lyn Center an October 4, 1.972 did adopt Resolution No. 72 -178 which established the 1973 Budget; and WHEREAS, the budget as adopted did j a xow de for the exceeding of prop i ty' tax limitations, established by Minaesata 8tRWts2 of 1971, by the amount of $22,326 and a subsequent 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, i9T3, the State and Local Fiscal Assistance Act of 1972 (Title 1, Public Law 92 -612) was approved; and W'H'EREAS, 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 s part of the revenue shaving funds to reduce the property tax levy to the maximum levy allowable without I ing penalty: • BE IT THEREFORE RESOLV ED by the City Council of the City of Brooklyn Center to amend the 1973 Budget as follows: The appropriations for budgeted funds for the calendar year 1973 shall be: GENERAL FUND: Mayor & Council $ 59,7S4 Elections & Registration 6,237 Administrative Office 168, 360 Assessor 49,242 Finance = 65,727 Independent Audit 8,500 Legal Services 29.270 Charter Commission 1,500 Government Buildings 148.016 Police Protection 483,258 FIM do 35,919 Protective Inspection 51,653 Civil Defense 8,792 AxalYnal Control 8,S00 r te; Engineering 1250302 Street Maintenance & Equipment Maint.8hop 328,567 Resolution No. Street Lighting $ 50 �{?0 Conseivation of Health 32 959 ParkQ and Recreation 468.279 ' Judgements and Losses 13,954 Unallocated Departmalal Lakm 69-22Q TOTAL GEN EI AL FUND $ 2,209,289 LIBRARY BOND REDEMPTION 15,300 PARK BOND REDEMPTION FUND 27,900 1969 BtJTL &IMG & ImpRo VEMENT BOND REDZW?ION FVND 268,000 POOR RELIEF FUND 20,000 FIREMENS RELIEF` ASSOCIATION 25`,638 EMPLOYEES' RETIREMENT FUND 73,000 POLICEMAN'S PENSION FUND .._,. 61 ,500 TOTAL APPROPRIATIONS FOR BUDGETED FUNDS ,I22 700,x• The source of financing the sums appropriated shall be: GENERAL PROPERTY TAXES $ 1,339 ESTIMATED REVENUE OTHER THAN PROPERTY TAXES: P3rnalties & Interest on property taxes $ 20,000 Business Licenses '& Permits 42,000 Non- Business Licenses & Permits 44,000 Street Use 500 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 11000 TOTAL ESTIMATED REVENUE OTHER THAN PROPER TAXES 1 , 096,365' ` GENERAL. FUND SURPLUS 49 ' FUND TRANSFERS: Liquor Fund S 204,043 Library Sale Fend 15 Federal Rev e nue Sharing Puna _ 12 686 TOTAL FUND TRANSFERS 231 1039 TOTAL' SOURCE OF FINANCING S 00 Date ATTEST: Mayor Clerk The motion for the adoption' of the foregoing resolution was duly seconded by member and upon vote being taken thin, the following voted in favor thereof: Ma bur e introduced the following - resolution and moved its adoptions R8,94WTICM dq, RESOLUTION AMMr= THE SCHEDULE OF RATES AM FEES POR THE USE OF AND CONNECTION TO THE SiUt OM SMIER .SYSTEN OF THE CITY OF BBM LY'N WHEREAS, a municipal Public Utilities Departomt ' exists for the purpose of providing and maiatain#q water and sanitary somw facilities for the citizens of the city of Brooklyn Contort and WHEREAS, it is a requirement of the City Chart that the Public Utilities Department be a self- sustaining entity through revenue provided by a uniform schedule of rates and fees and WHEREAS, the Metropolitan Sewer Hoard assumed ownership and operation of all existing interceptors'` and treatment works needed to implement the ` Metropolitan 'Council's Comprehensive Plan for collection, tre a tment and disposal of ' sewage in the metropolitan Area, pursuant to the Metropolitan Sewer Act, Chapter 44x9, 1969 Session Laws, State of Minnesota; and WHEREAS, upon incurring a substantial increase in metropolitan Sewer Board sewage charges, the City Council of the City of Brooklyn Center after a public hearing did by Resolution No. 71 -10; adopted r� January 18, 1971, ,amend the schedule of rates and fees for the use of and connection to the sanitary sewer system 'by increasing the residential' customer quarterly rate from $3.75 to $8.75, but did not increase the connection fee of $10.00 per connection; and WHEREAS, although the City opposed and initiated court action against the policy, the Metropolitan. Swor Board and the Metropolitan Council did on October 12, 1972, adopt a now cost allocation system whereby a Service Availability Charge will replace the previously billed Reserve Capacity and Deferment Crisrgust and W the City of Brooklyn Center's estimated share for " 1973 by the new Service Availability Charge system is 2.5 times greater than the currently billed Reserve Capacity and Deferment Charges the Metropolitan Sewer Board will charge local muni cipalities in accordance with the wimber of now service connection or building permit unit equivalents times a Service Availability Charge, and suggests ,that ' local munidipalition require new service users to pay such Service Availability Chargest and ; WHE REAS, con with Chapter 11 of the Brooklyn Center City Charter, the city Council on December 18, 1972, conducted a lic hear- ing at which an opportunity was afforded all interested citizens to be heard; NON, THEREFORE, BE IT RESOLVED by the City Counc of the City of Brooklyn Center that the schedule of sanitary sewer rates and fees be adopted in amended form as follows: i RESOLUTION N0, , AMENDED JZWRR DIVISM RATE MMULE (Effective January 1, 1973) Reaidenntiall a e Single family, double bungalows, duplexes and town houses .........w,...... X8.75 /unf t Apartments ...... ................... $6.15 /unit Non - Residential Water meter ...... ... .. $0.44/1,000 gallons multiplied by the metered water, consumption All uses without water'` meter ................. $0.60' per fixture- unit• *Fixture -unit as defined, by City of Minneapolis Plumbing, water & Gas Piping Ordinances (1959) Fees /� fq ra 1. Connection Fee .... $10.00 /cOnnecticn 2. Metropolitan Service availability Charge (per unit equivalent) .4973 ... $275.00 V1974 .. $300.00 ✓ , 1975 ... 325. 0 ✓ cA976 3 4. Q ✓ ,977 ... $375.00 ✓ The number of unit equivalents which are connected or for which a building permit is issued shall be computed in 'accordance with the guidelines set forth by the Metropolitan Sewer Board on file in the office of the City Engineer. A suomry o f the guidelines is as fo llows : a. Single family, double bungalows, 0 unit e uiv�alent duplexes and town houses s ............... . �i. 4 P b. Apartments and condominiums ............... .8 unit equivalent i c. Non -- residential ... ..: ..................... 1.0 /100,000 gallons of estimated' flow (with minimm of 1 unit) d. Public and Federal subsidized low and moderate income housing .. ........a.. 75% of unit equivalent' e. Units` existing with on -site disposal system,, or for which building permits were issued prior to January 1, 1973, if connected to sanitary sewer system during 1973 50% of unit equivalent (100% after Jan. 1, ; 1974) f x�rrxa� ago. BE IT FURTRER RESOIVXD tbat the above anianded schedule of sanitary sewer rates and fees becomes effective on January 1. 1973. Ono Date r ATTM: Clerk The motion for the ado o o the for"Ping 1 was duly seconded by m r an d - upon , asst ing taken thereon. then following voted 'i.n t'hereofs and the following voted against the :8000: whereupon said resoluti was declared dul esed and adopted, Member introduced t.'%e following resolution. and moved its adoption; REWLUTION RXS0LVTX= ` s MR & CHK MMMS, the Metropolitan Sewer Beard sad the Metropolitan Council did on October 12, 1972, despite the objections of the City of Brooklyn Center and representatives of oveer- 70%'of the population in the Metropolitan Sewer District, adopt a now cost allocation system whereby a Service Availability Charge will replace the pre - viously billed reserve capacity and deferment charges; and WHEREAS, the City of Brooklyn Center and 15 other municipali- ties have filed a complaint in the 4th Judicial Court in Hennepin County to test the legality of the said action, by the said Metropolitan Sewer Board and Metropolitan C,ounci]P and WHEREAS, the.`City Pouncil of the City of Brooklyn Center did by Resolution Mo. adopted Deoeaber :18, 1972, amend the schedule of rates and fees for the use of and connection to the sanitary sewer system of the City of Brooklyn Center to provide for the collection of a Service Availability Charge for all new sewer users, in accord- ance with the guidelines set forth by the Metropolitan Sewer Board NOW, ' THEREFORE, DB IT RZWLVED by the City Council of the City of Brooklyn Center, Mizinesota, to direct the City Manager and the City Treasurer to provide administrative procedures for the collection of a Service Availability Charge and to hold the funds collected until their disbursement is directed by the District CourtO Date Mayor ATTEST Clark The motion for the a ti the foregoing resolut n was duly seconded by member , and upon vot img taken thereon, the foilaing in favor theereofs and the following voted against the owns whereupon said resolution was duly pa. adopted., i'"ri j s > ` !'! � • - i' ;2 • J' <i 12i P L . t L 44 i ' t •' •1 !S Y! •.. '' a }..,. •1:, ♦s }, ,_ . } � - • f � 1 ,. . ' • 1 1 � i . y _ ,. } • } �� } Ordinance No. Section 3 This ordiaseoe shall become effective after adopfon and thirty days following its legal publication. Adopted this day of 1 Mayor ATTEST: Clerk Published in the official newspaper r Effective Date (Brackets indicate matter to be deleted and underline Indicates new matter) crrY O F BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 Of THE CITY ORDINANCES EXPANDING FIRE PREV=1OP PR VI _S IONJ IN RES1Q&=j& QM ICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 5 of the City Ordinances is hereby amended as foll 622 5 -au ." FIRE PREYENTIoN POLICY $TATEmoff. It is declared to be the policy of the City of Brooklyn Center to vigorously promote the safety and welfare of Its citizens. In this context, the traditional approach to fire service - -- 'suppressing fires once ignited, rescuing survivors, and too frequently exposing firemen to physical danger and death, all at a dis- proportionately high community investment of resources in man power and equipment - -- is declared unacceptable for Brooklyn Center. Rather, it is the fire safety policy of the City of Brooklyn Center to efficiently utilize its resources and &aximize life, safety, and citiz welfare by requiring that fire prevention a nd extinguishing systems he built 4rito certain new structures. Thus, the effectiveness of the Brooklyn Center Volunteer Fire Department Is enhanced and extended at a lower cast to the citizenry, life safety is allocated a priority at least as great as property protection, and the owner cost of built -in fire protection is partially or wholly repaid in savings on initial construction costs and annual fire I nsurance premiums. Section 5 =302. F IRE - 'EXTINGUISHING SYSTEMS REQUIRED. Every story, basement, , or cellar in every building hereafter erected in the I -1 (Industrial Park) , 1 -2 (General Industry) C -1 '(Service Office) C-1A (Service/Office) and C - 2 (Commerc zoning districts shall have ins taued and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, N. F. P. A. No. 13. � atoms se.m r herea fter erectla i e lI_hav installed gig bg egEL2224 w! an u atic fire r wag Iva= whi stem_ shall k m 1 with Provisions .of thM Sprinkler to N j . E. P a A N 3' The fire extinguishing system shall be connected to the City of Brooklyn Center Remote Station Fire Alarm System according to the provisions of Section 5 -S01 through 5 -505 of the City Ordinances or shall be connected to 'a central station system approved and listed by Underwriters Laboratories, Inca and shall remain so connected and maintained during the life of the building. Exceptions Buildings having a gross floor area less than 2,000 sq. ft. shall not be required to install 'a fire extinguishing system, ,provided each story of the buildtrg has at least 20 sq. ft. of opening above grade in each segment of the 50 lineal ft. of exterior wall on at least one side of the bvildirg. �sJ Ordimace No,, Section 2: This ordinance, shall baaa li►i ai'tsr adoption and upon thirty (30) days following its legal publication. Adopted this day of , 19,„. { I Mayo ATTEST. I, Clerk ! Published in the Official Newspaper k Effective late (Underline indicates new matter) i a. f a 1. CITY OF BROOKLYN CENTER ORDINANCE NO *.". ,, ZG AN ORDMXCE RMATIVE TO THE JNOCONTROL OF DUT S THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS; Section 1: Chaster 19 of the City Ordinances Is hereby amended by the addition of the following: St=n 11-15QI. NUMMgj D F v &fA-ndJ= or part thereof inf ected Ig any 42SE22 wLtthg Du ; dIgMAM bMuF gg r Atocyju Ultra Bui na M r au gr wr h bMLWLA gay 91 Lh2 SIM b2r MMUL- l tria tus 'ar Hyluruo2inus Rufigg is hgebv decl to D2 a D-ub!W mLtLa ' 1 . Any dead elm tLee or Rg the reof. i2glMAM 19ga, bramhr s t s I Or firewood, is hereby declared to be a public nuisance Section 19- 150 N ��ISANCE PROHIBITED, It shall be uBiawful for tree owner of any rcel of land in th City of Brooklyn CAntar t permit or i rtalln Qn an •h rc 1 land r u on abut s t ri tr of wa an 1m . treelor d,Ad elm w 220 which - 1 t 'l be jhj d MIx no of arsruch owner 2roLa2tl nMA*MW&bX de ! elm tree ar dead in a era thor t Mama er or his dul authorized r2Rresentative. e1 c AM Rut AL 2urtaos�;s of this ordir4a a an to n f the it' Mana g et or his duly uthorized rearese n tiv r ekL AAL% and empowered tc qgt2rqg2 n any parcel Sg l and An the City of Brooklyn GoM t ab 12r the se of inspe2LiN aa' e1M trees or dead nnd r y. s therefrom for IaWo tgry lIpAlylis, al n v interfere with th City M his tiv the 2MIQ=nce of any dutig s aro 14ad for in thig 2tdW2nce . Section P 1 4. If Q TJ T t a tic nu s Mapjaer shall cause to be sere l up the 2AEg2l gi 11ad ! 2 written mice reqMking such owner to ablIq lh nVjjoA ffjj= MUgg a All 1V served jU re4- Istered ma /11 addr2ssed to the ovine, r of the oarctl at hls Iast kc_o In addresI If the owner uro whom suck, notice il served fail; nea ts,. or refi to b t o !':!� of ancgw!thintt days after mall ict such notice th y, na ems camr !, A Am Char Lz eA ae esentagyv may prmceed to abate the nuis r. a and .ck;arcz t }.t� cost t - lWfi t Q& OMK 12 b2 a C ity of Bro2k y n C.. _. e.�..nter • . t E - two ORDINANCE N4, Clerk shall Itst the total Mpg�d r�,HrarM f�er.a- md" m t L Lyle r2 spe Zjve RdMg n t t ChA212r lit, The !QW/ u o ss ents s MoUl L the Cog= Auditor. The special gssesstaent of sudb Id gbMtjes sh ll be In ion to any v2DAItigs of a o J&nd for violation of th2 crovisions of Ibis 2UUmncs. S 19-1 to a2vigion of this fal ling, 'n pro3isj2ns Is f 1 n exc eed JhE22 hu do rs t 4 ays. Section 2: This ordinance shall bw*me effective, after adoption and thirty (34) days following its legal publication. Adopted this day of , 119 • Mayor ATTEST; Clerk Published in the official newspaper bear 21,,19x2 Effective Date (Underline indicates new: ratter Licenses to be approved by the City Council on De r 18, 1912 a B. K. Vending 010 Northern States Power 4501 - 63th Ave. No. Brookdale Ford 2500 County Rd. 10 Brookdale Shell 1 i05 - 69th Ave. No. Brother's Rest.`, Inc.. Brookdale Center D. K. Carter Uncle John's Rest. 5915 John Martin Drive - Dona lds on' s Brookdale Center Eagle industries, Inc. Poppn Fresh Pies 5601 Xerxes Ave. No. Brookdale 10,B1dg. 56th and Brooklyn Blvd. ' Twin, Lake North Apts. 4535 - 53th Ave. No. Ri. E. Fritz � Dayton's Brookdale '' : Employee Lunchroom Brookdale H & L Enterprises,, Whirltronics 3.401 - 43th Ave. No. K -Mart (S. S. Kresge) 5930 Earle Brown Drive .... LaC rosse Dairy 5845 Lyndale %ve. No. ¢ Master Engineering 3500 18th Ave. No. Elm Farm Super Market 5930 E.irle Brown Drive' Pioneer Distributing Co. Green Giant Rest. 5340 Brooklyn Blvd. Phillips "66" X548 Lyndale Ave. No Pilgrim's Cleaners 5723 Morgan Ave. Teo. I"oolworths 1212 Brookdale Center' Ralph's Super Serwice 6:101 Lyndale Ave. No. Red Owl Store 5425 Xerxes Ave. No. Ruth's Tobaccoland 1301 Brookdale Center Servowation Brookdale Pontiac 6801 Brooklyn Blvd. .. Iten Chevrolet Co. 6701 Brooklyn Blvd. J. C. Penny Brookdale Center 3ervoaation 4301 • 6 th A ve . `No. Servomation 4301 - 63th Ave. No. ' State Farm Insurance 5930 Shingle Creek Pkwy. Velie Oldsmobile 6700 Brooklyn Blvd. Snyder Bros. , Drug 1296 Brookdale "~ Theisen Vending InC. Ricco e s 5 742 Morgan ` Ave. No. Shopper's City 3500 - 63rd Ave. NO. ,�-- United 'Vending Co. � �• �- � Beach Apartments 4201 -07 Lakeview "Ave w We.9' Standard Service 6044 Brooklyn Blvd. City Clerk 4 . t Continued Decembr 18, 1972 raw ..ES 7cASrt�� ST ZCP- F Donaldson's 1200 Brookdale Center tiarf3.l Sa nitarian k . Guam .IBLUCE .S...=I.om_LICAm Allied Blacktop, Co. 3601 -- 43th Ave. No. ' Brookdale Car t'ash 5500 Brooklyn Blvd. .L� .,x.. �' Brookdale 'Shell Service 1305 - 69th Ave. No. k. Brooklyn Center Shell Service 4245 Brooklyn Blvd. Howe,Inc. 4321 Xerxes Ave. No. n Ralph's Super Service Station 6501 Lyndale Ave. No. Standard Solvent 4906 France Ave. No. , Wes' Standard Service 60 -14 Brooklyn Blvd. .:. Fire Marshal • "0"-SALE" NQN-- 2K'=Q2IN�T LI UGR t.ICENSE azz,01 Elm Farm .Super ...Market 3930 Earle Brown Drive ��i�- � -.-.. 0- LaCrosse Dairy snore sa43 Lyndale Ave. No. Red Owl Stores, Inc. 3423 Xerxes Ave. 'No. city Clerk SIGN tiA�TGttQG_LCS3E Cragg, Incorporated 322 Nest Broadway OF Building Insoector. MC CAL 5.X§3=JAUNS.$ Cefco 507 North Hoovpr, Calif. Building- 16 oactor POOL A" B ;LLZARD LICENSE .. .•r ''? Holiday Inn of B.C. 1301 65th Ave. No. C3. y Cle rk` P LIC DAN CB IC$liS 1 .�..•�rr rr..rr Holid Inn o f B. 1501 - 65th Ave. No. City Clerk I d Member introduced the following resclution and moved its adoption ' RESOLUTION $0. RESOrUTION ATJTH R3:ZTWG THE MAYOR AND CITY MANAGER TO EXECUTE ADDENDUM NO. I AMENDING INTERCEPTOR MAINTUAWE AGREEMENT NO. 162 - WITH THE METROPOLITAN SEWER BOARD BY INCLUDIN a!_qURA5C4 2WT§ AND TO RENEW AMENDED CONTRACT WHEREAS, the City Council Pf the City of Brooklyn Center did by Resolution No. 72 -29, adopted March 27, 1972, authorize the Mayor and the City Managgr to execute Interceptor Maintenance w Agreement Contract No. 162 w.th the Metropolitan Sewe Board; and WHEREAS, said agreement terminates on December 31, 1972; and y" WHEREAS, said agreement does not contain a provision for Me'i ripol. tan Sewer Board to pay the City of Brooklyn Center the cost c.f additional insurance needed to protect the City in -the- case of liability under Section 5 or in the performance of :. said agreement and WHEREAS, Addendum No proposes to amend Section 6.01 k ". of said agreement to include the following paragraph: � µ 'If. Insurance Cots T1 a Cost of any additional insurance needed to protect the municipality in % case of liability under.Section 5 or in the per - "_ formance of this agreement. NOW, THEREFORE, BE.IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Man_grer to execute Addendum No. 1, amending Section 6.01 of the Interceptor Maintenance Agreement Contract No. 162 with the Metropolitan Sewer Board to include the following paragraph: "f. Insurance Costs The cost of any additional insurance' needed to protect the municipality in case of liability under Section 5 or in the per- formance of this agreement. 13E' IT FUR'TIiER RESOLVED by the CiLy Council of the City of Brooklyn renter that the Mayor and City tanager be authorized to .renew the amended Interceptor Maintenance Agreement Contract No. 162 with the Metropolitan Sewer Board for the period anLary 1, 1973 _ December 31, 1973. Date Mayor f ATTEST: Clerk RESOLUTION NO. , The motion for the adoption of the foregoing resolution was duly P 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.` E' p �, . � . -�- ,, �� ,.�� ._ b��' � � � a t . � � ., - ', ;. - ... W.1.. :,i -- �. p �� 3 �� t � �t s `, I _ ... ..