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2000 08-28 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION AUGUST 28, 2000 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Mayor Kragness: Communities for Safer Guns Coalition 3. Miscellaneous 4. Adjourn City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness FROM: Michael J. McCauley, City Manager . DATE: August 11, 2000 SUBJECT: Gun Pledge Attached please find a copy of Chief Downer's memo outlining his review of the materials that you supplied regarding "Communities for Safer Guns Coalition ". As indicated in Chief Downer's memo, he would recommend against participating in this initiative, however he does suggest that you may t wish to consider recommending some parts of this to the Legislature. Please advise if you would like further action on this matter. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer ��pOyIIYNr BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Joe;Do ne DATE: August 4, SUBJECT: Gun Pledge Although the Brooklyn Center Police Department strongly supports gun safety initiatives, I recommend that the City decline participation in the "Communities For Safer Guns Coalition." The Code of Responsible Conduct" is three pages in length and may be subject to broad interpretation. I am concerned that gun manufacturers that successfully bid to furnish firearms to the City of Brooklyn Center may face challenges that they are in violation of the "Code of Responsible Conduct." The violations may be inadvertent, a result of scheduling beyond the gun manufacturer's control, or a perception or interpretation of one of the components of the "Code of Responsible Conduct." An alternative strategy may be for the mayor and council to review the "Code of Responsible Conduct" and recommend to the state legislature and congressional representatives that certain specific components be enacted into law. JD:kh gunpledg.mem City of Brooklyn Center A great place to start. A great place to stay. To: Joel Downer Chief of Police From: Michael J. McCauley City Manager Date: July 25, 2000 Re: Gun Pledge Please review the attached and advise as to your thoughts. Thanks. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer FROM ON SITE SITE SANITATION INC PHONE NO. 6124866400 Jul. 25 2000 06:58AM P1 Department of Dousing And Urban Development Fwc F= �.�t 1 ! cG9 - 3Lta 9 7A � P caw 7 ri= Con �0( Safer CQ Gu C oot l 4 t o h Pfom: MM'rM2 0 Fax: (M:Q 7064= � Uxgct a For Rceiaw 0 Rome Coounont �Pw" M* O Pkase Rowe* e Co�aaseatx ' NC /'AG 6V` �rQgheSj 1 US ur bao Nvetupr�eA- kA tnVi4d br oo xl� h C - 6 01 -ftie Co MMvn1l tcs - Pur. S41C GvnS CoatJ ton `rk, i a l ed . e dVQ �` 00 N►G 0 w (� . 46t �c6 b�e>n 4 oXi n . b 5 ors 4c Sir � e r CatAMUA %k�P 5 Q Conn nn %� MVN ?tea fax �. s 7o$ 333�e G� C a ll M2 wt�' Otn a�- Caoa).*40$ - mo Th �ov 1 45o\ FROM ON SITE SITE SANITATION INC PI-ONE NO. : 6124866400 Jul. 25 2000 06:59AM P2 r a U. S. DVARTMENT OF HOUSING AND URBAN DEVELO NIENT Ofte of tae Depaq Assisawt Surebry for hterg*vmwenW Adatioas WA ).w . k o, . o-4 D.C. 20010 -ml July 13, 2000 TO: THE MAYOR FROM: Nancy Kirshner- Rodriguez Deputy Assistant Secretary for btergovernmtental Relations RE: COMMUNITIES FOR SAFER GUNS COALMON On behalf of HUD Secretary Andrew Cuomo, I invite you to join the Communities for Safer Gans Coslition today. The Secretary wanted to provide you with updated information and ask for your immediate review and action. As you know, in America today, over 30,000 people are killed and 100,000 injured by guns each year. We have made remarkable progress over the past seven years m redwing gun violence txarough a series of measures that have helped cities and counties fight crime, including adding 100,000 police to our streets, imposing stiffer prison sentences for criminals, and requiring criminal background checks for gun purchases under the Brady Law. Yet we all know that more needs to be done to keep the crime rate heading down - particularly in ways that keep gulfs out of the wrong hands. The US Department of HeuswS and Urban Development along with a number of cities and counties and others recently signed a groundbreaking agreement with Smith & Wesson, which requires the company to take responsibility for the use of its products. Smith & Wesson agreed to a code of responsible conduct that will make it harder for children to fire guns accidentally and for criminals to acquire rmners guns through gun , straw purchasers, and other means. Most gun owners and gun retailers are honest, law abiding, and responsible individuals, however, about one percent of gun retailers sell more than half of the guns traced to crime. A recent study by the Rand Corporation and UCLA showed that more than 22 million children live in homes with firearms and in 43 percent of those homes, the guns are not locked up or fitted with trigger locks. Even today, after all of the tragedies we have witnessed with children killing children, many manufacturers still consider gun safety an option, not a requirement, FROM ON SITE SITE SANITATION INC PHONE NO. : 6124866400 Jul. 25 2000 06:59AM P3 The code of responsible conduct addresses serious problems in a way that does not hinder Law-abiding gun owners. We believe that if every gun manufacturer weed to a code of responsibte business conduct, children would be safer and criminals would have a much more difficult time acquiring guns. We currently have an historic opportunity to keep the momeatum moving forward by joining together in the Communities for Safer Guns Coalition and pledging to support using as a criterion in our procurement of weapons, when all other law enforcement considerations are equal, whether a company has agreed to abide by a code of responsb ill le conduct that w mate our communities safer. We have enclosed a copy of the pledge setting out the purpose of the coalition as well as the summary of the code's term. Our collective effort to support responsible gun manufacturers is already teking.bold. across the country, and is beginning to make a difference. More than S25 mayors, county exceadvcs, town supervisors and other officials have taken the pledge. In addition, the Governor Caydmo of ftwaii, Gowmer Gutierrez of Guam, and Governor Rossetto of Puerto Rico recently joined the Coalition. We believe that no matter what your views are in the debate over proposed gun safety laws, you will agree that manufacturers taking responsibility for their products vnIJ help make out communities safer. Please joium us today in our efforts to stop needless gun violence by joining the Coalition, signing the attached pledge; and returning it to the Secretary at (202) 708 -4576 In addition, you should expect a follow up call fkom me or another senior member of the Semtary's staff. We still have much to do to solve the problem of gun violence, anmd we look forward to working with you to make this happen. If you have any questions, please do not hesitate to call game at (202) 708 -2804. FROM ON SITE SITE SANITATION INC PHONE NO. : 6124866400 Jul. 25 2000 07:00AM P4 TO: HUD SFcu rARY A mnw CUOMO THE PLEDGE COQ' NITIES FOR SAFER GUNS COALMON With over 30,000 people killed and several times that number injured by guns each year, ensuring safe communities is our highest priority. Many of these tragedies could be prevented through reasonable distribution and design reforms on the part of responsible firearms ma nufactuiers. As representatives of communities throughout the nation who purchase firearms for public safety purposes, we have a unique ability to express our desire for safety through our procurement choices and a corresponding responsibility to ensure that our choices reflect our concerns. We therefore pledge to support using as a criterion in our firearms purchasing a consideration of whether companies have agreed — at a minimum — to adhere to a new code of responsible conduct. This code provides for safer gun designs and a distribution system that makes it harder for guns to get into the hands of criminals and children. This consideration will apply only to equipment that meets law enforccement needs, and only to comparable equipment available at a comparable price. We firmly believe that this pledge• will make our communities safer and seduce the awful toll of gun violence in our nation. Signature Title Address Phone FAX FROM ON SITE SITE SANITATION INC PHONE NO. : 6124866400 Jul. 25 2000 07:00AM PS CODE OF RESPONSIBLE CONDUCT SAFE IXA DESIGN All handguns must meet the following safety and design standards: • Second "hidden" serial number, to prevent criminals from obliterating serial numbers. • External locking device sold with all g"s within 60 days. Weisel locking device on all guns within 24 months. • Smart Guar -- Authorized User Technology. • Manufacturers commit 2% of annual firea�rans revenues to the development of authorized our technology. • Within 36 mouU authorized user technology will be included in all now firearm models, with the c=eption of curios and collectors' firearms. If top eight manufacturers agree, authorized user technology will be included in all new firearms. • Child Ssdety. Within 12 months, handguns will be designed so they cannot be readily operated by a child under 6,. • Performance test. All firearms will be subject to a performance test to ensure safety and quality. • Drop test. All firearms will be subject to a test to ensure they do not fire when dropped. All pistols .must meet the following additional requirements: • Safety device . Positive manually operated safety device. • Magazine diseounecton roust be available on all pistols to customers who desire the feature, within 12 months. • Cbamber toad indicators on all pistols, showing whether the pistol is loaded, within 12 uaonths. • Large- ca►pscity magazines. New firearm designs will not be able to accept large- { capacity magazines that were manufactured prior to September 1994. (Manufacture of such magazines has been prohibited since that date.) Law enforcement and military exception. If law enforcement agencies or the military certify the reed, exceptions to these requirements may be made. Manufacturers will ask that these guns not be resold to the civilian market. Warnings about sate storage and bandliutg included with all firearms within six months. Illegal HmAraas. Manufacturers will not sell firearms that can readily be converted into fully automatic weapons or that are resistant to fingerprints. SALES AND DI5TRMUTION Code of Conduct. The manufacturers will sell only to authorized dealers and distributors and allow their authorized distributors to sell only to authorized dealers. Authorized dealers and distributors will agree to a code of conduct, If manufacturers receive notice of a violation by an FROM ON SITE SITE SANITATION INC PHONE NO. : 6124866400 Jul. 25 2000 07:01AM P6 authorized dealer or distributor, they will take action agaiatst the dealer or distributor, including termination of sales to the dealer or distributor. The Oversight Commission will review such actions and have authority to require tortaination or suspension if warranted. The code of conduct will require authorized dealers and distributors to: • Gan shows: make no gun show sales unless all sales at the gun show are completed only after a background check. • Brady checks: wait as long as necessary for a completed Brady check shoving that the purchaser is not a felon or otherwise prohibited before selling a gun to the purchaser. • Safety, traiaWg for purchasers: transfer firearms only to individuals who have pas9ed certified safety course or exam and demonstrate to purchasers how to use all safety devices and how to load, unload, and safety store the firearm before completing the sale. • Multiple handgun sales: all purchasers of multiple handguns to take only one handgun from the store on the day of sale, at v4ich point a multiple sales report will be filed with ATF. The remainder of the guns can ** be collected after 14 days. • Employee training: require all employees to attend ATF- approved training and to pass a exam on fireaumas laws, straw purchasers, illegal trafificklag indicators, and gun safety. • Insurance: carry liability insurance whom available, with a minimum coverage of $1 Million for each iacidetnt. ' Inventory control: maintain tun electronic inventory tracking plan within 24 months • Security: implement a security plan for securing firearms. • Cb ild access: require persons under 18 to be accompanied by adults hi gun stores or gun sections of st%=. a Weapons attractive to criminals: not sell large capacity magazines or semiautomatic assault weapons. • Compliance: provide .law enforcement, government regulators, and the Oversight Commission established in this Agreement with access to documents necessary to determine compliance; cooperate frilly in the Agreement's Oversight mechanism. • Crime gun traces: maintain an electronic record of all ATF trace requests and report trace requests to manufacturers. • Iadiected dealers: forgo firearms sales to licensed dealers known to be under indictment • Stray purchasers: not to make sales to straw purchasers. Manafxcterer commitments. Manufacturers will: • Provide quarterly sales data to ATF. 4 Not market gusts in any manner designed to appeal to juveniles or criminals. • Refrain from selling any modified/sporterized semi- automatic pistol of type that cannot be imported into Y.J.S. • Reaffi m policy of not placing advertisements in vicinity of schools, high crime zoaes, and public housing. • Implement a security plan for securing firearms. ' Designate an officer to ensure compliance with itlt the Agreement FROM ON SITE SITE SANITATION INC PHONE NO. 6124866400 Jul. 25 2000 07:01AM P7 Corporate responsibility for crime gun traces. If an authorized dealer or distributor has a disproportionate number of cruue guns traced to it within three years of sale, the manufacturers will take action, includirig possible termination or suspension, against the dealer or distributor. The Oversight Commission will review such actions and have authority to require termination or suspension if warranted. Oversight Commission will be established and empowered to oversee implementation of the Agreement. The Commission will have five members selected as follows: one by manufacturers, two by city and county parties; one by state parties; one by ATF. The Commission's powers will include the authority to review compliance with the design and safety rcquiremcats, review the safety and traiating program for dealer and distributor employees, review manufaet mr actions against dealers or distributors that violate the Agreement or have a disproportionate number of crime gun traces, and require suspension or termination if warranted. Mote of ATF. To the extent consistent with law, ATF will work with manufacturers and the Oversight Commission to assist them is meeting obligations under the Agreement. ATF wilt notify the Oversight Commission of certain violations of the Agreemcnat by distributors and dealers if it uncovers such violations. Baftlics Imrtging. Within six months, if technologically available, manufacturers will fire all firearms before sale and will enter the digital image of the casings in a system compatible with the National Integrated Ballistics Identification Network and accessible to ATF. 'Phis will enable law enforcement to trace crime guns *heft only the bullets or casings are recovered. Access 2000. Manufacturers shall participate is ATF's Access 2000 program, which establishes electronic links with ATF and enables high -speed tracing of crime guns. LegfsMon. The parties will work together to support legislative efforts to reduce firearm, misuse and the development of authorized user technology. Education trust fund. Upon resolution of all current city, stem, and county lawsuits, manufacturers will dedicate I% of overall firearms revenues to an education trust fund Most favored entity. If other manufacturers eater agreements with more expansive design and distribution reforms, and those manufacturers, along with the manufacturer parties to this Agreement, account for fifty percent or more of United States handgun sales, the manufacturer parties to this Agreement will agree to abide by the same reforms. Enforcement. The Agreement will be entered into stud enforceable as a court order and as a contract. * Revised CITY COUNCIL MEETING • City of Brooklyn Center August 28, 2000 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for olitical campaign oses. Council Members will not enter into a dialogue with p pmP g citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. Approval of Agenda and Consent Agenda • -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. August 14, 2000 - Joint Meeting with Chamber of Commerce 2. August 14, 2000 - Study Session 3. - August 14, 2000 - Regular Session b. Licenses C. Approval of Application for an Exemption from Lawful Gambling License (Raffle) from Proper Economic Resource Management d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees e. Resolution Authorizing Professional and Staff Engineering Services, Improvement Project Nos. 2001 -01, 02, and 03, Garden City North Street, Storm Drainage, and Utility Improvements f. Resolution Approving Change Order No. 1, Improvement Project Nos. 2000 -07, Contract 2000 -B, Palmer Lake Circle Street Improvements * Revised CITY COUNCIL AGENDA -2- August 28, 2000 • g. Appoint Additional Election Judge to Serve in the Primary and General Elections 7. Public Hearing a. Consideration of Private Kennel License Application Submitted by John Procter, 6025 Halifax Avenue North, to Keep Four Dogs - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to render a final decision to reverse, affirm, or amend the City Manager's decision to deny a private kennel license for John Procter, 6025 Halifax Avenue North, to keep four dogs. 8. Planning Commission Items a. Planning Commission Application No. 2000 -019 Submitted by Frauenshuh Companies Requesting Site and Building Plan Approval for the Redevelopment of the • Brookpark Dental Center at 6437 Brooklyn Boulevard -The Planning Commission recommended approval of this application at its August 10, 2000, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -019 subject to the conditions recommended by the Planning Commission. b. Planning Commission Application No. 2000 -020 Submitted by Frauenshuh Companies Requesting a Variance From Section 35 -400 of the City Ordinances to Allow a 35' Building Setback Rather Than a 50' Major Thoroughfare Setback for the Brookpark Dental Center Redevelopment at 6437 Brooklyn Boulevard -The Planning Commission recommended approval of this application at its August 10, 2000, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -020 subject to the conditions recommended by the Planning Commission. 9. Council Consideration Items a. Proclamation Declaring September 2000 as Prostate Cancer Awareness Month - Requested Council Action: - Motion to adopt proclamation. • * Revised CITY COUNCIL AGENDA -3- August 28, 2000 b. Set Special Session for Monday, November 20, 2000, 6 p.m., Council Chambers, for Sale of Special Assessment Bonds -Requested Council Action: - Motion to set Monday, November 20, 2000, 6 p.m., Council Chambers, for sale of special assessment bonds (note: the City Council Work Session will immediately follow the Special Session and be held in Conference Room B). C. An Ordinance Amending Ordinance No. 98 -03 Regarding Council Salaries for 2001- 2002 and Accepting Recommendation of Financial Commission -Requested Council Action: - Motion to approve first reading of ordinance and set September 25, 2000, for second reading and public hearing. d. Resolution Amending City Council Handbook Regarding Policy on Council Use of Electronic Mail and Voice Mail -Requested Council Action: - Motion to adopt resolution. • e. Resolution Authorizing Contract for Architectural Services for Blumentals Architecture Inc. For Civic Center Project -Requested Council Action: - Motion to adopt resolution. f. Report on Random Acts of Kindness -Requested Council Action: - Assistant City Manager will provide verbal report. 9. Adjournment - Adjourn to Executive Session in Conference Room B with Legal Counsel in Barlow appeal following EDA meeting. • City of Brooklyn Center A great place to start. A great place to stay. s MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: August 28, 2000 SUBJECT: Appoint Additional Election Judge to Serve in the Primary and General Elections Minnesota State Statutes, Section 204B.21, Subd. 2, requires election judges be appointed by the governing body. The following individual has ualified to be an election judge, and it is requested the City Council appoint q J g q tY PP him to serve as an election judge for the primary election, September 12, 2000, and the general election, P g November 7, 2000. Dick Risley 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 6a r MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA • JOINT MEETING WITH CHAMBER OF COMMERCE AUGUST 14, 2000 4:30 P.M. CHAMBER OF COMMERCE - 5701 SHINGLE CREEK PARKWAY Present: Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe, City Manager Michael McCauley, Assistant City Manager Jane Chambers, Deputy City Clerk Maria Rosenbaum, Leatha Lemmer, Dale Greenwald, Janis Blumentals, Jim Soderberg, Sue Low, Frank Slawson, Jill Schwint, Linnea Sodergren, and Ron Lamers. Jim Soderberg started the meeting with an introduction to the City Council and discussed the new businesses in the area, the monthly Chamber luncheon, and the 14th Annual golf tournament. Mr. Soderberg asked the Council to share information regarding what is happening in the City. Councilmember Peppe discussed the Highway 100 project and that the City of Brooklyn Center is waiting for the City of Robbinsdale's decision on design approval. Councilmember Hilstrom discussed that the 2001 Budget is in the works. • Councilmember Lasman shared information regarding the events that have been happening with crime prevention in the City; and shared that she is happy to be running for Council again this Election. Councilmember Nelson discussed that he is a liaison for the Park and Recreation Commission and also is a member of the Northwest Cable Communications Commission. Mayor Kragness discussed that at this time no application has been submitted by Mary Jo Copeland of Sharing and Caring Hands and. The City Council and the Chamber discussed skateboard parks in the City and what could be done to help the youth in the community. Mayor Kragness informed the Chamber that the City Council had been contacted by several youths and that the youth had indicated that they were going to be conducting a survey to help find out what the youth in the community would like to have. At this time no survey had been presented to the City Council. Frank Slawson asked if there were any development plans for the Mississippi River area. Mayor Kragness responded that at this time the City had no major planning for this area. • 8/14/00 -1- DRAFT Mr. Soderberg discussed the Chamber's Crime Free Brooklyn Task Force and concerns with apartment complexes in the City and that the Chamber may at some point be requesting that the City Council review some of its ordinances. Mr. Slawson informed the Council that it is important that the know the Chamber is leased to p Y p be working with the City Council and that the cooperation is terrific. He also commended Michael McCauley for his work well done and shared that the City Council is represented very well by Mr. McCauley. The City Council thanked the Chamber and informed them that the City Council appreciates their involvement and that it is important to keep working together. The meeting was adjourned at 5:44 p.m. City Clerk Mayor • 8/14/00 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 14, 2000 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman raised a question about the shelters on agenda item 9i, Staff Report Re: Youth Enrichment Grant Application for Construction of a Lighted Soccer/Football Field at Grandview Park. City Manager Michael McCauley explained that at this time this item was relating to a grant for soccer fields. Councilmember Nelson had questions regarding agenda item 9g, Humboldt Liquor Store; 9h, An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Lane (Brookpark Dental Center); and 91, Resolution Declaring Adequacy of the Petition, Ordering Improvement Project No. 2000 -07, Palmer Lake Circle Street Improvements, and Modifying Construction Contract 2000 -B. Mr. McCauley answered his questions. SEPTEMBER 5TH WORK SESSION Mr. McCauley requested keeping the September 5, 2000, Work Session to discuss the Destination Park Plan and general topics such as utility hook -up fees, a request received by Mayor Kragness from a resident regarding therapeutic massage, and other general items, even though the Work Session was scheduled to discuss the Capital Improvement Plan which will not be entirely ready. 08/14/00 -1- DRAFT • It was the consensus of the Council to have the September 5, 2000, Work Session to discuss topics . other than the Capital Improvement Plan. COUNCIL SALARY RECOMMENDATIONS FROM FINANCIAL COMMISSION Mr. McCauley asked what direction the Council would like to take regarding the Financial Commission's recommendation on Council salaries. Council discussed and it was the consensus of the Council to follow the Financial Commission's recommendation. RESPONSE TO MARLIN DRIVE SURVEYS Mr. McCauley discussed that the surveys received from residents on Marlin Drive had a very low response rate and that the direction to proceed would be to post the block no parking between the hours of 7:00 a.m. and 9:00 a.m. It was the consensus of the Council to have the signs posted for no parking between the hours of 7:00 a.m. and 9:00 a.m. NEW AREA CODE AND NEED FOR NEW BUSINESS CARDS Mr. McCauley requested direction from the Council regarding the style of new business cards which will include the new area code. The Council discussed the format that had been drafted. Councilmember Lasman requested that the • Council voicemail be under their name or e-mail address. Mr. McCauley responded that each Council Member would have the opportunity to place the information they wanted and that this discussion was to pick the format for the back of the card. It was the consensus of the Council that option number two was favorable and that a third option to include one or two more logos for the Council to review could be drafted. Mr. McCauley will have a draft prepared for the Council to review. MISCELLANEOUS Council discussed the McGowan's grass problem, Brookdale, and the possible rooms being purchased for space at the Heritage Center. 08/14/00 -2- DRAFT • ADJOURNMENT • The Council adjourned the study session and continued to the informal open forum at 6:45 p.m. City Clerk Mayor 08/14/00 -3- DRAFT • I MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 14, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to adjourn informal open forum at 6:58 p.m. passed unanimously. 2. INVOCATION A moment of silence was observed. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:02 p.m. • 08/14/00 -1- DRAFT 4. ROLL CALL • Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Hilstrom reported that she participated in National Night Out on August 1, 2000. Councilmember Nelson reported that he attended the Association of Metropolitan Municipalities meeting on August 2, 2000, the Northwest Suburbs Cable Communications Commission meeting on August 3, 2000, and a Relay for Life in Robbinsdale. Councilmember Nelson also reported that there will be a public hearing on August 17, 2000, regarding three new cable companies. Councilmember Lasman reported that she attended the Planning Commission meeting on July 27, 2000, and an ARM meeting on August 10, 2000. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the July 19, 2000, special session, and July 24, 2000, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICE - VENDOR Kiddie Rides International 5140 East 39th Avenue, Denver, Colorado COURTESY BENCH Ameribench Company 4215 Winnetka Avenue North, New Hope • 08/14/00 -2- DRAFT I GARBAGE AND REFUSE COLLECTION Armor Roll -Off Service, LLC 3291 Terminal Drive, Eagan Aspen Waste Systems, Inc. 2523 Wabash Avenue, St. Paul BFI Waste Systems 8661 Rendova Street, Circle Pines T & L Sanitation Service, Inc. P.O. Box 34695, Blaine MECHANICAL Comfort Service Box 414, Forest Lake Kraemer Heating, Inc. 7441 Dallas Ct., Maple Grove Suburban Air 8419 Center Drive, Minneapolis RENTAL Renewal Brookside Manor Apartments Anda Construction, Roger Anda 3813 72nd Avenue North Victor Huang 6031 Brooklyn Boulevard James Ferrara 5740 Dupont Avenue North Don McGillivray 6765 Humboldt Avenue North Kwi -Ha Wong 4718 Twin Lake Avenue Richard Becht Initial Sterling Square Apartments Wade Swanson • 824 69th Avenue North Joseph Roche 6043 Camden Avenue North Kay Elliott 6773 Humboldt Avenue North Kwi -Ha Wong 5332 Lilac Drive North Kristine Boldrick 5347 Penn Avenue North Joyce Lillie 7240 West River Road Nedzad Ceric SIGN HANGER A LaPointe Sign 6600 Oxford Street, St. Louis Park TOBACCO RELATED PRODUCT International Food Market, Inc. 6215 Brooklyn Boulevard 6c. TAX INCREMENT FINANCING DISTRICT REPORTS A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the tax increment financing district reports. Motion passed unanimously. 6d. REPORT ON THE AVERAGE AVAILABLE FINANCING PER ACTIVE FIREFIGHTER IN THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION • 08/14/00 -3- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the report on the average available financing per active firefighter in the Brooklyn Center Fire Department Relief Association. Motion passed unanimously. 6e. BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION FINANCIAL STATEMENTS FOR THE CALENDAR YEAR ENDED DECEMBER 31,1999 A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the Brooklyn Center Fire Department Relief Association financial statements for the calendar year ended December 31, 1999. Motion passed unanimously. 6f. APPOINTMENT OF ELECTION JUDGES TO SERVE IN THE PRIMARY AND GENERAL ELECTIONS A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following as election judges for Primary and General Elections. Motion passed unanimously. Georgianna Anderson Peggy Anderson Kathryn Anonsen Clarence Beadles Carol Benkofske Eleanor Bentzen Anne Bergquist Violet Bloomquist Karen Bolstad Doris Branch Kay Brosseau Caroline Burley Ann Bystrom Kathy Campbell Connie Casey Doris Chapman Charlotte Chermak Gladys Clasemann George Davis Lamonte Dehn Lois Froebel Marion Gagnon Joyce Gebhardt Arlene Gillquist Don Gillquist Trudi Gores Virginia Hagerty Marie Hagfors Lorraine Halter Margaret Harris Mary Ann Hilger Dick Hilstrom Evelyn Hilstrom Mona Hintzman Shirley Hoff Ray Hokenson Lois Holmes Pat Hotchkiss Loretta Huberty Joyce Iverson Donna Jarl Lora Jefferson Betty Johnson Virginia Johnson Jackie Justesen Marie Kahnke Kermit Klefsaas Mavis Lammi Joseph Lampe Lee Langhoff Earl Larsen Virginia Lebus Yolonda Lee Michael Lefler Vic Lindblom Joyce Lindquist • 08/14/00 -4- DRAFT Warren Lindquist Ernee McArthur Dick Mero Don Metzger Shirley Moore Dolores Narey Marvin Nemec Mary Nemec Dorothy Nyberg Angie Olson Delores Olson Elizabeth Olson Doris Patterson Ethel Pettman Nancy Rademacher Joann Reavely Beth Rygh Ralph Saline Eloise Schmalz Barbara Sexton Marjorie Silver Margit Sovde Clayton Thiebault Mary Thiebault Rosemary Thielman Lea Torkelson Luella Torrence Marvin Trautwein Gloria Voeltz Jean Ward Mary Warner Catherine Wetzel John Winkelman Yolanda Wright William Zieska 6g. RESOLUTION AMENDING THE 2000 CENTRAL GARAGE BUDGET AND AUTHORIZING THE PURCHASE OF ONE 2000 CHEVROLET MALIBU SEDAN • RESOLUTION NO. 2000-129 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2000 CENTRAL GARAGE BUDGET AND AUTHORIZING THE PURCHASE OF ONE 2000 CHEVROLET MALIBU SEDAN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6h. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2000-130. Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. • 08/14/00 -5- DRAFT . 6i. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2000 -01 AND 02, CONTRACT 2000 -B, GARDEN CITY CENTRAL STREET AND STORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 2000 -131, Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECTNOS. 2000 -01 AND 02, CONTRACT 2000 -13, GARDEN CITY CENTRAL STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6j. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2000 -04 AND 05, CONTRACT 2000 -C, 73RD AVENUE, HUMBOLDT TO CAMDEN, STREET AND STORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 2000-132 • Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2000 -04 AND 05, CONTRACT 2000 -C, 73RD AVENUE, HUMBOLDT TO CAMDEN, STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6k. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS AND PUBLIC NUISANCE ABATEMENTS RESOLUTION NO. 2000-133 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS AND PUBLIC NUISANCE ABATEMENTS 08/14/00 -6- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 61. RESOLUTION APPROVING CHANGE ORDER NO. 4, ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -19, CONTRACT 1999 -M, REHABILITATION OF WELLHOUSE NOS. 5 AND 6 RESOLUTION NO. 2000 -134 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 4, ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -19, CONTRACT 1999 -M, REHABILITATION OF WELLHOUSE NOS. 5 AND 6 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6m. RESOLUTION APPROVING THE PRELIMINARY AND FINAL REGISTERED LAND SURVEY FOR BROOKDALE CENTER RESOLUTION NO. 2000 -135. Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PRELIMINARY AND FINAL REGISTERED LAND SURVEY FOR BROOKDALE CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6n. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF THE DENTAL CENTER 2ND ADDITION RESOLUTION NO. 2000-136. Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF THE DENTAL CENTER 2ND ADDITION • 08/14/00 -7- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. PUBLIC HEARING 7a. AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES REGARDING REFUSE CONTAINERS City Manager Michael McCauley discussed this amendment updates the City Code to include the 95 gallon roll -cart container as a sufficient container for the storage of garbage and refuse, which most of the residential garbage haulers now utilize for automated collection. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2000-08. • Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES REGARDING REFUSE CONTAINERS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8. PLANNING COMMISSION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 2000-018 SUBMITTED BY PAUL HYDE, TWIN LAKES II, LLC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE FOUR EXISTING PARCELS OF LAND LOCATED AT THE NORTHEAST QUADRANT OF AZELIA AND LAKEBREEZE AVENUES NORTH INTO TWO NEW LOTS FOR REDEVELOPMENT PURPOSES. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 27, 2000, MEETING. 08/14/00 -8- DRAFT Mr. McCauley discussed the applicant, Twin Lakes II, LLC (Paul Hyde) is seeking preliminary plat S approval to subdivide four existing parcels located at the northeast quadrant of Azelia and Lakebreeze Avenues North into two lots for redevelopment purposes. The four properties involved in this preliminary plat are the following: 1. A portion of the old Joslyn Pole Yard lying easterly of Azelia, legally described at Lot 3, Block 1, Joslyn Addition and currently addressed as 4837 France Avenue North. 2. The former site of Davies Water Company which has been demolished, legally described as Lot 3, Block 1, Dale and Davies 1 st Addition and currently addressed as 4010 Lakebreeze Avenue North. 3. The site of an off -site parking lot for the Northwest Racquet Club, legally described as Lot 2, Block 1, Dale and Davies 3rd Addition, and currently addressed as 3950 Lakebreeze Avenue North. 4. The Dale Tile site, legally described as Lot 1, Block 1, Dale and Davies 3rd Addition, and currently addressed as 4825 France Avenue North. Mr. McCauley noted that development/construction was proposed by Real Estate Recycling for the lot closest to Wickes. Approving the plat would not impact France Avenue since, if a portion of Dale Tile was required for an alternate plan it would require the land whether or not it was re- platted. Mr. Hyde had previously acquired the Davies Water Company property and the Northwest Racquet Club overflow parking lot and recently acquired the Dale Tile site. Mr. Hyde plans to close on the acquisition of the Joslyn property in August and would like to create two new lots and redevelop the site consistent with its 1 -2 zoning. Councilmember Nelson asked Mr. Hyde when the project would be complete. Mr. Hyde addressed the Council to inform them that the goal is to have the project complete in the spring of 2001. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve Planning Commission Application 2000 -018 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City ordinances. • 08/14/00 -9- DRAFT • 3. Approval of the preliminary plat acknowledges the need to continue the declaration of covenants and restricts authorized by the City Council under Planning Commission Application No. 86003 encumbering 104 parking spaces on the proposed Lot 1 or Lot 2 for the sole use of the athletic club on the south side of Lakebreeze Avenue. Any modifications to the covenant are subject to the review and approval of the City Attorney. 4. The vacation of existing internal drainage and utility easements shall be accomplished either through the platting process or through the City's easement vacation process as recommended by the City Attorney. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION RECOGNIZING AND COMMENDING THE WINNERS OF THE 2000 LANDSCAPE AND GARDEN CONTEST Public Works Director Diane Spector gave a presentation of the winners for the 2000 Landscape and Garden Contest which are as follows: • JUDGE'S AWARD OF EXCELLENCE Carole Hallman 1600 55th Avenue North Best Flower Garden John Cariveau 6301 Unity Avenue Best Landscaping Don and Marcia Eliason 5313 Boulder Lane Best Backyard Garden Aleta Stevenson 6726 North 5th Street Best Garden Design Carol Deck - Derichs 6812 France Avenue Best Non - Residential Garden The Volunteer Garden Club St. Alphonsus Catholic Church • 08/14/00 -10- DRAFT • Best Small Space Garden Don and Lela Heuer 6436 Quail Avenue RESOLUTION NO. 2000-137 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING AND COMMENDING THE WINNERS OF THE 2000 LANDSCAPE AND GARDEN CONTEST The motion for the adoption of the foregoing resolution, as amended, was duly seconded by Councilmember Nelson. Motion passed unanimously. 9b. PROCLAMATION DECLARING OCTOBER 28, 2000, AS MAKE A DIFFERENCE DAY' Mayor Kragness requested to observe October 28, 2000, As Make A Difference Day and urged citizens to connect with friends, fellow employees, and relatives and with religious, school, and civic groups to engage in projects benefiting their community. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adopt proclamation declaring October 28, 2000, As Make A Difference Day. Motion passed unanimously. 9c. PROCLAMATION DECLARING SUPPORT FOR ROBBINSDALE AREA SCHOOLS COMMUNITY READING PARTNERSHIP - REACH OUT AND READ Mayor Kragness encouraged residents of the community to participate in the Robbinsdale Area Schools Community Reading Partnership - REACH OUT AND READ and demonstrate support for all reading efforts. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adopt proclamation declaring support for Robbinsdale Area Schools Community Reading Partnership - REACH OUT AND READ. Motion passed unanimously. 08/14/00 -11- DRAFT i 7 S 9d• RESOLUTION OF PARTICIPATION IN THE LEAGUE OF MINNESOTA CITIES BUILDING QUALITY COMMUNITIES STATEWIDE EDUCATIONAL EFFORTS Mayor Kragness requested approval of this resolution of participation in the League of Minnesota Cities Building Quality Communities statewide educational efforts in cooperation with fellow members of the League of Minnesota Cities and designate Michael J. McCauley, City Manager, as the City of Brooklyn Center's key contact for this effort. RESOLUTION NO. 2000 -138 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION OF PARTICIPATION IN THE LEAGUE OF MINNESOTA CITIES BUILDING QUALITY COMMUNITIES STATEWIDE EDUCATIONAL EFFORTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9e. CODE ENFORCEMENT REPORT Mr. McCauley reported since May 8, 2000, 932 correction letters had been sent to property owners . which includes complaint and sweep related orders. There were 766 thank you/compliance letters sent which was up from 613 last month, 285 second/non - compliance letters who have failed to comply with orders, and 19 formal complaints issued to property owners. The remaining properties had not been reinspected because compliance deadlines have not passed. 9f. CANCEL SEPTEMBER 13, 2000, CITY COUNCIL MEETING TO CANVASS THE RETURNS OF THE MUNICIPAL PRIMARY ELECTION Mr. McCauley requested canceling the September 13,2000, City Council meeting to canvass the returns of the municipal primary election since there will not be a municipal primary election. A motion by Councilmember Lasman, seconded by Councilmember Nelson to cancel the September 13, 2000, City Council meeting. Motion passed unanimously. 9g• HUMBOLDT LIQUOR STORE 1. RESOLUTION AUTHORIZING PAYMENT OF ASBESTOS REMOVAL COSTS 2. A REVISED ORDINANCE PROVIDING FOR THE SALE OF LOT 2, BLOCK 1, HORBAL ADDITION IN THE CITY OF BROOKLYN CENTER 08/14/00 -12- DRAFT Mr. McCauley discussed that the Council previously discussed the sale of the former Humboldt • Liquor Store and that in the course of renovations undertaken by Independent School District asbestos had been found in the flooring adhesive. The resolution would be to approve the City Paying for the costs associated with the removal of the asbestos and authorize the City Manager to cause Independent School District 286 to be paid $3,376.25 in reimbursement which had been found to be reasonable and proper. A revised ordinance durance would incorporate the re- drafted lease that provides $205,000 of the $440,000 in total lease payments will be applied to improvements made by Independent School District, which results in the City receiving $235,000 in net proceeds over the four year term as anticipated. A public hearing on this revised ordinance will be set for September 11, 2000. RESOLUTION NO. 2000-139 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PAYMENT OF ASBESTOS REMOVAL COSTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading of ordinance and set September 11, 2000, for public hearing and second reading. Motion passed unanimously. 9h. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (BROOKPARK DENTAL CENTER) Mr. McCauley discussed that this ordinance would to amend Chapter 35 of the City Ordinances regarding the zoning classification of certain land (Brookpark Dental Center). A public hearing would be set for September 11, 2000. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve first readin of ordinance and set September 11, 2000, for public hearing and second g re adin unanimously. g . Moti on passed 9i. STAFF REPORT RE: YOUTH ENRICHMENT GRANT APPLICATION FOR CONSTRUCTION OF A LIGHTED SOCCER/FOOTBALL FIELD AT GRANDVIEW PARK Mr. McCauley reported on the Youth Enrichment Grant Application and requested approval of an application to be submitted for construction of a lighted soccer /football field at Grandview Park. • 08/14/00 -13- DRAIFT The grant program is administered jointly by the Minnesota Amateur Sports Commission and the • Department of Children, Families, and Learning. The application requests funds for the construction of the soccer field portion of Grandview project and staff is working on an application to be submitted before October 15, 2000, for improvements to the playground, shelter building, hockey rink, and Cohen Field. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the submittal of the application. Motion passed unanimously. 9 ;- METROPOLITAN COUNCIL SMART GROWTH TWIN CITIES OPPORTUNITY SITE APPLICATION Mr. McCauley discussed that the Metropolitan Council Smart Growth Twin Cities Opportunity Site Application was prepared and ready to be approved by the City Council for submittal. The project for the grant application is the Central Business District Master Planning Project. Mr. McCauley outlined the project area and the study being considered. The project would facilitate one of the City Council's goals Councilmember Nelson asked if the project relates to the Comprehensive Plan and if it will require staff time. Mr. McCauley responded that the project is consistent with the Comprehensive Plan and • that significant staff and Council time will be required. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the submittal of application to the Metropolitan Council. Motion passed unanimously. 9k. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #3 TO NEXTEL COMMUNICATIONS INC. FOR THE PURPOSE OF INSTALLING WIRELESS COMMUNICATIONS ANTENNAS Mr. McCauley discussed this resolution would authorize Nextel Communications Inc. to install and maintain wireless communication antennas on water tower #3. RESOLUTION NO. 2000-140 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #3 TO NEXTEL COMMUNICATIONS INC. FOR INSTALLING WIRELESS COMMUNICATIONS ANTENNAS R THE PURPOSE OF • 08/14/00 -14- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 91. RESOLUTION DECLARING ADEQUACY OF THE PETITION, ORDERING IMPROVEMENT PROJECT NO. 2000 -07, PALMER LAKE CIRCLE STREET IMPROVEMENTS, AND MODIFYING CONSTRUCTION CONTRACT 2000 -B Mr. McCauley discussed this resolution would declare the petition adequate for ordering the improvement project for Palmer Lake Circle street improvements and modifying Contract 2000 -B to include curb and gutter unit rates bid in the contract. A resolution approving the change order will be presented to the City Council when the actual quantities as constructed have been determined. RESOLUTION NO. 2000-141 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DECLARING ADEQUACY OF THE PETITION, ORDERING IMPROVEMENT PROJECT NO. 2000 -07, PALMER LAKE CIRCLE STREET IMPROVEMENTS, AND MODIFYING CONSTRUCTION CONTRACT 2000 -B The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:44 p.m. Motion passed unanimously. City Clerk Mayor • 08!14100 -15- DRAFT City Council Agenda Item No. 6b City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: August 23, 2000 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on August 28, 2000. MECHANICAL Tropic Air Inc. 1302 180th Avenue NW, Cedar . United Heating A/C Inc. 1295 Hackamore Road, Medina RENTAL Renewal 3955 69th Avenue North Richard Dawson SIGN HANGER Stillwater Sign Co. 804 West Laurel Street, Stillwater • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 6c WOOKLYN CEXVF BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police U DATE: August 20, 2000 SUBJECT: Application for Authorization for an Exemption from Lawful Gambling License (Raffle) Proper Economic Resource Management • On August 20, 2000 the Brooklyn Center Police Department received an Application for Authorization for an Exemption from Lawful Gambling License (Raffle) from the Proper Economic Resource Management. This application is for an event to be held at the Earle Brown Heritage Center on Saturday, March 3, 2001. This application has been approved and returned to the Proper Economic Resource Management representative who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh pertnlmem • City of Brooklyn Center A great place to start. A great place to stay. August 29, 2000 Department of Gaming Gambling Control Division Rosewood Plaza South, 3rd Floor 1711 West County Road B Roseville, MN 55113 To Whom It May Concern: • The City of Brooklyn Center has received and reviewed the Application for Authorization for an Exemption from Lawful Gambling License (Raffle) from the Proper Economic Resource Management for an event to be held March 3, 2001, at the Earle Brown Heritage Center located at 6155 Earle Brown Drive within the city of Brooklyn Center, Minnesota. The City of Brooklyn Center, has waived the 30 day period to withdraw our approval for both these applications. Should you have any questions regarding the waiver, please feel free to contact me at 569 -3306. Sincerely, Sharon Knutson City Clerk JD:kh • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 'A A- 11L� �17 'f, ptl.;,'_ 3 4 V LG220 01- For.Board.,Pa, Only INA MOM LaWfU[GqMbff0 ' ' I I �1' " ��;' � , ' 1 11 It' , -A yin' ntl' tj A o HiM16 n' PPI Check Afiltili 'Date Rem . Z7 Aq Organization Name. a evious IaWuI &mbling-exemption nUmlier, 7 7 - - C wwk Street County 112)k Code -36 '���'Ai r Name of Chief Executive Officer Of organization (CEO) Daytime Phone number of CEO First Name Last Name lk /7 01/ 2 Name of Organization Treasurer Daytime Phone Number of Treasurer First Name Last Name of N Z/ 4 12 YP mprofif6rJaniza ' k! MIRD P !!4. 1 1 Check the box below which best describes Check the box that indicates the type of proof attached to this application Y organization by your organization:' 0 IRS letter indicating income tax exempt status Fraternal Veterans 0 Certificate of good standing from the Mihnesota Secretary of State's office k' A -a I nonorbfit organ ED &")a bwn*g you re an affiliate of katibn R gibus, IM 0ther,n6hpr6fjQ reviously submitted and orifie Withih ambling Control Board 4, Name of Establishment where gambling activity will be conducted 06A C "( Street City v State iZip Code,;:` - ,.County., oA A Date(s) of activit y (for raffles,y indicate the date of the drawing) 'I4"' 31 316 Check the box or boxes,which indicate the type of gambling activity your organization will be conducting_ .*Bingo 2], "Paddlewheels.; *Pull-tabs 0 *Tipboards 6" act v must e d i rib ��q �f rihe�6 i ifle be from alic pRient ed st utor; bfi ord Use Only - For.)3 s ign f organization " dre the Local UnItWb6V6mmenfdnd the CEO' your es IS Date & lhitials.of-Sp6ci reverse side'ofth the -r- .1: vnf.,r 6 .I ...... .. -. ... tl ... :. Ll'. h :.. ., . ,.. t., r�•r; r . iti:;.yi d. . :� ..: .., :. .... ., �. ,: ,1 b���� ra...,.... .1: ,.. ..d ., .� ...•.:.,.h IN L., '.k!.�•. yh ., I. L.t., 4. I,. „: f .... ...: ..t: ,. r.�, .�,:.. ...: f : :...f .... ..!,.. .�:,,.,.::,. , ' . ..:Ff 4.•. ..:! '!'��;,,, tiF;a...: rl. ,,,I M�.,,: ?q;r ;In!lx�nf 1 LOCaI U �f ?q � ernment Jur�sd� ,b NlUlh. IIII r1Y.�!I M,.9,x.,:...:w .,, r... !r ,.. ..., .. .... .. ... .., .. .. . ;rF: .: .. .. N r n. .Wt .r..l ,.. r .. :.�:, :. 4,,.,. ; .J '. '.., :: :. ' ➢'vib�i!!i'; ` ' s'this'gamblin remises 14 ated`wifhiri city limits? Yes? If Yes, write the name of the Cif QityN r, ......, . .� .: „ .ce If No, _write the name of :the County - a .i nd - tfie Township: County Name- Township Name Check the appropriate status of the Township: F organized 0 unorganized Q unincorporated . ..�. I. ran:. . .r. ,.., .,....I� :xr ..r ... :. ,. ,.N �:.. .........,1...:, ....r.r :. x. ...::. ....r..: � � !'lift re rmi.r::,:!::!.r,�:r .I. .:�b 1. •. ry.l; i ,rr� ..l ! ih oca /, t�OfiGov �t:.:r.,:. ,!.,. I'r'F': '! rrx ern en t�Acknowled meat -�� �w !! .a :..... I : I , ! N. y :!.bt!rs nln..:h, I. ,rn 4.. rr t I. F. r. +x,. ..f,... •:.� * 5 .x. ..�:�!u..!'N.!•. s J. z a r.. I. Fx 1 .In... . � '4rnx� r f .l. The city must sign this application if thegambling 3. DO NOT submit this application to the Gambling Control -premises is within city limits s `E =� Board if it is denied b the local unit of overnment : ' .. Y g 2; The county and township must sign this applica- 4. NOTE: 'A Township may not deny an application: --- - -. tion if the gambling premises is not within city limits. :Upon 'submissionof this application to the Gambling Control Board - ,'the exemption will, be issued not more-than _ 30 - : days Y(60 ,days, for, cities: of the 1st class) from the date the local unit of government ``signed J tFie application;' provided tFie, application is complete ai �d all pecessary information_ has been •. ` received -the local tanit:ofgovemmentpasses a resolution to`specifcally prohibit the "activity:, °A Y .. copy: of that resolution, m ust be received by the Gambling Control Board within 30 days of the date. ` filled in below ; 'Cities of the first class'have 60 days in which to disallow the activity. Y; :'•' a �; _t ' City o County Acknowledgment of Receipt of ' Township Acknowledgiirient of Awareness Application F . ..Application' Signature of person receiving`application Signature`of person acknowledging application ±. f. Date Received: Date Signed: Title of person receiving application_ Title of person acknowledging application \ ath of Chic' e C� Ch e' is iv` c e'Oeer have read this application and all information is true, accurate and complete. Date: Submit the application at least 45 days prior your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. omplete application and attachments to; .. -.. _ _Mail the. c _:... _..�.� ..... ..,.. . ,_.�..._ GamblingControLBoard .1711 W'County Rd B Suite 300S , V , � Roseville; MN 551134 ,`.. �� �y This publication w it a made available in alternative format 0.6. large print, braille) upon request Questlons'on this norm should 'be directed"to the'Licensing•Section of the'Gambling Control Board (612)639 -4000. 7: • . �.. „ . Hearing Impaired_indMd4als using a,TDD may call the,Minnesota_Relay Service at 1- 800 - 627- 3529'1n the Greater Minnesota - Area of 297 =5353 in the Metro Area The Information reg6j' d on thljs farm will be by the Gambling Control Board GCB) to determine'your .. °" compliance with Mir tnota Statues and rules gdveming lawful gambling activities. II of the information that you supply on this�,f rrrl wil become public information when received by the GCB. r x.,•f�- I'3 .. _ z _ f4 "yeS'. !' .q ;'E'h • City Council Agenda Item No. 6d MEMORANDUM DATE: August 23, 2000 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide '. SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE • PROPERTY OWNER PROPERTY ADDRESS_ ___ ___ ________ NUMBER DEBORAH GRIGNON 5729 BRYANT AVE N 147 CITY OF BROOKLYN CENTER 67TH/QUAIUREGENT AVES 148,149,150,151,153, 154,155,156,157,158, _ 159,160,161,162 SCOTT & CINDY EELLS 6807 REGENT AVE 152 MEER, L.L.C. 4435 68TH AVE N 163 CITY OF BROOKLYN CENTER PALMER LAKE PARK 164 BRIAN & CARLA DANIELSON 3907 BURQUEST LANE 165 RICHARD GORDON & ANNA NATYSIN 5525 IRVING AVE N 166,167 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. • Date Mayor ATTEST: City 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. • City Council Agenda Item No. 6e • MEMORANDUM DATE: August 22, 2000 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer,-1 SUBJECT: Resolution Authorizing Professional and Staff Engineering Services, Improvement Project Nos. 2001 -01, 02, and 03, Garden City North Street, Storm Drainage, and Utility Improvements On July 24, 2000 the City Council formally established Garden City North study area and authorized staff to begin data collection for the Year 2001 Street Reconstruction project. As part of the process of identifying needs, performing preliminary designs and providing estimated costs, specific contracted services are also required. These services include the inspection of existing sanitary sewers and geotechnical evaluation of the underlying soils. Three firms were requested to p rovide a quotation for televising sewer inspection services. Three • quotes were received as follows: Infrastructure Technologies, Inc. $ 7,418.60 Pipe Services Corp. $ 6,056.00 Visu -Sewer Clean and Seal, Inc. $ 5,108,40 Four quotes were received for Geotechnical Services (soil borings) as follows: American Engineering Testing $ 5,400.00 GME Consultants $ 4,830.00 STS, Inc. $ 4,344.00 Braun Intertec, Inc $ 4,271.00 Finally, City staff will expend considerable effort to perform field work (surveying) and preliminary design prior to the ordering of this project. In past years a separate budget was not set for this preliminary work; it had always been included as part of the overall project budget which is authorized when the project is ordered. The attached resolution would authorize a staff budget of $50,000 for staff services for field work and preliminary design. It is recommended that Council approve the attached resolution approving the quotations of Visu -Sewer Clean and Seal and Braun Intertec and staff engineering services for the proposed 2001 Street Reconstruction projects. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING PROFESSIONAL AND STAFF ENGINEERING SERVICES, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, Improvement Project Nos. 2001 -01, 02 and 03, Garden City North, was formally established on July 24, 2000; and WHEREAS, the City of Brooklyn Center has received proposals for services from qualified firms; and WHEREAS, it is in the best interest of the City to accept the proposals as submitted from Visu -Sewer Clean and Seal and Braun Intertec, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City Manager is hereby authorized and directed to execute professional service contracts with Visu -Sewer Clean and Seal and Braun Intertec. • 2. Project costs and revenues are as follows: Costs Amo Sewer Televising $ 5,108.40 Soil Borings $ 4,271.00 Staff Engineering $ 50,000.00 Subtotal Estimated Costs $ 54,379.40 Revenues, Amount Sanitary Sewer Fund $ 5,108.40 Special Assessment Const. Fund $ 54,271.00 Subtotal Estimated Revenues $ 59,379.40 • • RESOLUTION NO. Date Mayor ATTEST: City 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. • City Council Agenda Item No. 6f • MEMORANDUM DATE: August 23, 2000 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer' SUBJECT: Resolution Approving Change Order No. 1, Improvement Project No. 2000 -07, Contract 2000 -13, Palmer Lake Circle Street Improvements On August 14, 2000 the City Council ordered the improvement project for Palmer Lake Circle to include curb and gutter and directed staff to modify the construction contract through Change Order. Change Order Number 1 for Palmer Lake Circle Street improvements in the amount of $10,753.80 has been prepared for Council consideration. The attached change order includes items for curb and gutter, concrete aprons, and additional paving. The price quoted by the contractor for the additional work is reasonable and will be funded entirely by assessments. . The trees in Palmer Lake Circle have been cleared and grubbed. Minnegasco crews will begin replacing the gas main next week and Arcon Construction will commence work on the water main after Minnegasco completes the work. It is recommended that Council approve Change Order No. 1 in the amount of $10,753.80 for the Palmer Lake Circle Improvement Project. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2000 -07, PALMER LAKE CIRCLE STREET IMPROVEMENT. WHEREAS, the City Council by Resolution 2000 -141 on August 14, 2000, found a petition for the improvements adequate and ordered said improvements subject to approval of a change order affecting the improvements; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax- exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments or utility fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1 is hereby approved in the amount of $10,753.80. 2. Project costs and revenues are hereby amended to be as follows: • Costs As Per Chance Order #1 Construction $ 10,753.80 Contingency (5 %) $ 537.69 Admin., Legal, Overhead $ 8,938.51 Subtotal Estimated Costs $ 20,230.00 Revenues Special Assessments Cosst. Fund $ 20,230.00 3. This resolution is intended to constitute official intent to issue taxable or tax- exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 and any successor law regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105 -2 or any successor law regulation or ruling. Date Mayor ATTEST: City 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. DRAF • CHANGE ORDER NO.2 TO CONTRACT 2000 -B, WEST PALMER CIRCLE CURB & GUTTER IMPROVEMENT PROJECT NO. 2000-07 ARCON CONSTRUCTION, INC. HARRIS, MN EST UNIT ITEM UNIT QUANTITY PRICE EXTENSION BIT. MAT'L FOR TACK GAL 60 $ 1.45 $ 87.00 WEAR COURSE MIX. (1 1/2 ") SY 1240 $ 2.40 $ 2,976.00 B618 CURB & GUTTER LF 376 $ 6.80 $ 2,556.80 6" CONCRETE D/W SY 178 $ 28.00 $ 4,984.00 WATER FOR SOD MAINT. MGAL 10 $ 15.00 $ 150.00 TOTAL CHANGE ORDER NO. 2 $ 10,753.80 CITY OF O N C • TODD HOWARD, P.E. CITY ENGINEER DATE ARCON CONSTRUCTION, INC. DATE CITY OF BROOKLYN CENTER DIANE SPECTOR DATE DIRECTOR OF PUBLIC WORKS CITY OF BROOKLYN CENTER MICHAEL MCCAULY DATE CITY MANAGER Page 1 s City Council Agenda Item No. 7a Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: August 23, 2000 SUBJECT: Consideration of Private Kennel License Application Submitted by John Procter, 6025 Halifax Avenue North, to Keep Four Dogs Chapter 1 of the Brooklyn Center City Ordinances (copy attached) requires the licensing of all private kennels, defined as any premise zoned or used for RI and R2 purposes, as-defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming, or other commercial purposes. Section 1- 105.5b requires the City Manager to approve or deny the application based on the sanitation report and written comments by the applicant and any other affected persons and Section 1- 105.5c outlines the standards for approval. Section 1- 105.5b reads, "within fourteen (14) days after the notice of the City Manager's decision is mailed to area property owners, the owner or any other affected person then may request a hearing before the City Council to show cause why the City Manager's decision should be changed." The City Manager denied the application for a private kennel license for the Mr. John Procter, 6025 Halifax Avenue North, allowing a period of six months to come into compliance with the ordinance. Mr. Procter has requested a hearing before the City Council to show cause why the decision should be changed. Following is a calendar of events from receipt of the private kennel license application to request for public hearing. June 26, 2000 _ Received application for private kennel license from John Procter, 6025 Halifax Avenue North, to keep four dogs. July 3, 2000 Sent memorandum to the Building Official requesting a sanitation inspection be completed and a recommendation submitted. Attached is a memorandum dated July 12, 2000, from Building Inspector Larry Martin which outlines his findings. July 3, 2000 Sent memorandum to Police Chief Joel Downer requesting a records check to verify any dog complaints. The attached memorandum from Chief Downer indicates two incidents regarding dog complaints. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Memorandum to Michael J. McCauley Page 2 August 23, 2000 July 3, 2000 Mailed notice of receipt of application for private kennel licence to owners of property within 150 feet of the applicant's property as required by City Ordinances Section 1- 105.5a. Mailed notice to the owner /applicant. July 7 - July 14, 2000 Received seven written responses to the surveys (attached). August 1, 2000 City Manager sent letter to Mr. Procter denying application for a private kennel license and allowing until January 20, 2001, to come into compliance with the City Ordinances. August 1, 2000 Mailed notice of City Manager's decision to neighbors residing within 150 feet of the applicant's property. August 2, 2000 Received written appeal from Mr. Procter requesting a public hearing before the City Council as allowed by City Ordinances Section 1- 105.5b. August 4, 2000 Mailed notice of public hearing to owner /applicant and owners of property within 150 feet of the applicant's property. August 16, 2000 Published public hearing notice in the Brooklyn Center Sun -Post setting date for public hearing as August 28, 2000. Attached for City Council review is a history of the past private kennel license applicants and the City's animal ordinance. Council Action It is requested that the Mayor open the public hearing, take public comments, close the public hearing, and then render a final decision to reverse, affirm, or amend the City Manager's decision to deny a private kennel license for John Procter, 6025 Halifax Avenue North, to keep four dogs. Attachment • CHAPTER 1 - ANIMALS Section 1 -101. DEFINITIONS. The following terms, when used in this ordinance, have the meanings ascribed to them: 1. Animal. Animal means dogs and cats. 2. Animal Control Officer. Animal Control Officer means that person or agency designated by the City Manager to control the keeping of animals within Brooklyn Center. 3. At laree means an animal that is off the property of its owner and not under restraint. 4. Commercial Kennel. Commercial Kennel means any place limited to C2, I -1 and I -2 zoning districts where the business of keeping, raising, selling, boarding, breeding, showing, treating, or grooming of dogs and other animals is conducted, including pet shops, animal hospitals and other similar establishments. 5. Family. Any of the following definitions shall apply: a. A person or persons related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; b. Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, all maintaining_a common household in a dwelling unit approved and certified by the appropriate public agency; C. A group of not more than five (5) persons not related by blood, marriage, or adoption maintaining a common household in a dwelling unit. 6. Owner. Owner means any person or the parent or guardian of a person under 18 years of age who owns, keeps, or has custody of an animal in the City of Brooklyn Center. 7. Person. Person means any person, firm, corporation, partnership, joint venture or association. 8. Private Kennel means any premises zoned or used for RI and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming or other commercial purposes. • City of Brooklyn Center 1 -1 City Ordinance 9. Under Restraint means an animal that is controlled by a leash or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or parked on a public street, or if it is within the property limits of its owner's premises. Section 1 -102. LICENSES REQUIRED. 1. Doe Licenses. No person shall own, harbor, keep or have custody of a dog over six months of age within the City of Brooklyn Center unless a current license for such dog has been obtained as provided in this ordinance. Each license shall be valid for the duration of the effective period of the dog's rabies vaccine as stated in the Compendium of Animal Rabies Vaccines published by the Conference of State Public Health Veterinarians and the Center for Disease Control of the Department of Health and Human Services. Dogs kept in a commercial kennel need not be individually licensed. 2. Commercial Kennel License., Every person operating a commercial kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a commercial kennel license. Commercial kennel licenses shall be posted in a conspicuous place within the licensed premises. 3. Private Kennel License. Every person operating or maintaining a private kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a private kennel license. Section 1 -103. LICENSE FEES. The license fee for each dog license, each commercial kennel license, each private kennel license, each duplicate license, each renewal license, each impounding penalty, and the late penalty described herein shall be as set forth by City Council resolution. 1. Late Penalty. If any license required hereunder is obtained while the dog is impounded by the City, or after the required licensing period has commenced, there shall be added to the regular license fee, a late license penalty as set forth by City Council resolution, provided, however, that any person who acquires a dog after the start of a license year, or any person who owns, keeps, harbors, or has custody of a dog at the time of becoming a resident of the City, shall be allowed 30 days to secure a license, without incurring any late license penalty. 2. Refunds. Prorating. and Transfers. No dog license fee, commercial kennel license fee, or private kennel license fee shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferrable. • City of Brooklyn Center 1 -2 City Ordinance • Section 1 -104. VACCINATION REQUIRED. The owner of every dog in Brooklyn Center shall cause such dog to be currently vaccinated for rabies. A certificate of vaccination or other statement of the same effect executed by a licensed veterinarian shall constitute prima facie proof of the required vaccination. Section 1 -105. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this ordinance shall be made to the City Clerk. 1. Doa License. The application for a dog license shall include the name and address of the owner of the dog and such other information as the City Clerk shall require. All applicants shall be of legal age. Applicants shall provide a certificate issued by a doctor of veterinary medicine showing that the dog has been vaccinated against rabies, the type of vaccine used, and the length of time the vaccination is effective. 2. Issuance of Doa License. Upon receipt of the application, the license fee and proof of a rabies vaccination, the City Clerk shall issue a metallic license tag bearing the license number, the name of the City and the year and month when the license period ends. The dog shall continuously wear a collar or harness to which the license tag is firmly affixed. It shall be unlawful for any person to make or use a counterfeit tag. 3. Renlacement of Lost Dog License. If any dog license tag is lost or stolen, the applicant may obtain a new tag by surrendering the license payment receipt and by paying the charge for a duplicate license as set forth by City Council resolution. 4. ADnlication for Commercial Kennel License. a. Initial application for a commercial kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee. b. Hearine Required. A commercial kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Council on the adequacy thereof. Applications for commercial kennel license shall be placed on the agenda of the City Council for a public hearing at the regular City Council meeting next following 14 days after the application is received. Not less than seven (7) days before the date of the public hearing, the City Clerk shall mail . notice of the hearing to the applicant and to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. • City of Brooklyn Center 1 -3 1 City Ordinance c. Council Annroval. The City Council may approve the commercial kennel license and • may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Council may deny a commercial kennel license upon finding that the establishment of the kennel would constitute a public nuisance, or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be the resolution of approval, a certified copy of which shall be forwarded to the applicant. d. Renewal of License.. A copy of the commercial kennel license shall be forwarded to the City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Council, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Council, the license shall be renewable as set forth in this subdivision. e. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council • may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. 5. Annlication for Private Kennel License.. a. Initial application for a private kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex. Proof of current rabies vaccination and City dog license for each animal and the applicable license fee must accompany the application. Not less than seven (7) days after receipt of the application for a private kennel license, the City Clerk shall mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. b. Consideration Process. A rivate kennel license application lication shall be referred to the P Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Manager on the adequacy thereof. Within fourteen (14) days after the notice of application is mailed to area property owners, the City Manager • City of Brooklyn Center 1-4 ,City Ordinance or the City Manager's designee shall review the Public Health Sanitarian's report, consider written comments by the applicant and any other affected persons, and either approve or deny the application. Within fourteen (14) days after the notice of the City Manager's decision is mailed to area property owners, the owner or any other affected person then may request a hearing before the City Council to show cause why the decision should be changed. A written request for the hearing must be received by the City Manager within such fourteen (14) days. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the decision of the City Manager. c. Standards for Approval. The City Manager may approve the private kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of the City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Manager may deny a private kennel license upon finding that the establishment of the kennel would constitute a public nuisance or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be a memorandum of approval from the City Manager outlining any conditions necessary to insure compliance. d. Renewal of License. A copy of the private kennel license shall be forwarded to the • City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Manager, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Manager, the license shall be renewable as set forth in this subdivision. e. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. • City of Brooklyn Center 1 -5 City Ordinance Section 1 -106. STANDARDS FOR PRIVATE KENNELS. A private kennel shall consist of S an enclosed space in which all animals are confined when not under restraint and constructed so as to prevent the animals from runnin at large. Provision must be made to provide shelter during inclement weather. Every private kennel shall be kept in good repair and shall be maintained in a clean and sanitary condition. It shall be unlawful to maintain a private kennel in a way which constitutes a violation of this ordinance, a nuisance under Chapter 19 of the City Ordinances, or in violation of any condition imposed by the City Council at the time the license is granted. Section 1 -107. STANDARD FOR COMMERCIAL KENNELS. All commercial kennels shall be designed, operated and maintained according to the following standards: 1. Commercial kennel floors and walls shall be constructed of impervious materials and all structures, areas, and appurtenances shall be designed to facilitate thorough and convenient cleaning. Commercial kennels shall be adequately ventilated and all doors, windows, and other openings to the outside shall be screened, May through October. The commercial kennels shall be provided with adequate -and potable water supplies and shall be equipped with sewer facilities. Plans for all new commercial kennels and repairs or alterations to existing commercial kennels must be filed with and approved by the City's Public Health Sanitarian as a condition of the license. 2. Operating Standards. The licensee, its agents and employees shall operate and maintain the kennel in accordance with standards set out in Title 9, Chapter 1, Subchapter A, Part 3, Section 3.100 through 3.106 of the United States Department of Agriculture, Animal and Plant Health Inspection Service, a copy -of which is adopted by reference. Section 1 -108. KEEPING OF DOGS IS LIMITED. No family or family member shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the dogs can be legally, safely, and humanely harbored. Section 1 -109. KEEPING OF CATS IS LIMITED. No family or family member shall keep, harbor or have custody of four or more cats exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the cats can be legally, safely, and humanely harbored. • City of Brooklyn Center 1 -6 City Ordinance Section 1 -110. NUISANCE PROHIBITED. It shall be unlawful for any person to keep an animal in any unsanitary place or condition, or in a manner which results in noisome odors, or in any way which constitutes a nuisance or a disturbance by reason of barking, howling, fighting, or other noise, or to maintain or permit a condition which unreasonably annoys, injures, or endangers the safety, health morals, comfort, or repose of any person or property. Section 1 -111. RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner to allow its animal to run at large. Section 1 -112. ANIMAL CONTROL OFFICER. The City Council may provide for a City Animal Pound, either within or outside the corporate limits and may provide for an Animal Control Officer to enforce this ordinance. Section 1 -113. ENFORCEMENT PROCEDURES. The Animal Control Officer may capture and impound any animal running at large, and any unlicensed dog. Section 1 -114. QUARANTINE. Any animal, including wild animals that have bitten a person shall immediately be impounded for at least 10 days and kept apart from other animals, under the supervision of a veterinarian, until it is determined whether such animal had or has a disease which might have been transmitted by such bite. Such impounding may be done by the owner, and need not be at the pound designated by the City, but if it is not at the designated pound, the owner shall notify the police department immediately and shall furnish proof in writing that such animal is being so . impounded. Upon the expiration of 10 days, if it is determined that the animal does not have a disease which might have been transmitted by such bite, it may be released, and the police department shall be notified immediately prior to such release by the owner of the animal. If the animal is impounded at the designated pound, it may be reclaimed as hereinafter_ provided. Any animal which has been bitten by a rabid animal shall be killed or impounded and kept in the same manner for a period of six months; provided that if the animal which has been bitten by a rabid animal has been vaccinated at least three weeks before such bite and within one year of such bite and if it is again immediately vaccinated, then such animal shall be confined or impounded for a period of 40 days before it is released. The owner of an animal which has been bitten by a rabid animal shall notify the police department immediately prior to the release of any such animal. Section 1 -115. DANGEROUS ANIMALS. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to any person or persons, or if the animal has made more than one attack on a person or persons, such animal may be immediately killed by or under the direction of a police officer. City of Brooklyn Center 1 -7 City Ordinance Section 1 -116. TREATMENTS DURING IMPOUNDING. Any animal which is impounded in the designated pound shall be kept in accordance with Section 1 -106 of this ordinance. If the animal is not known or suspected of being diseased and has not bitten a person or been bitten by a rabid animal, it shall be kept in the pound for at least five days, unless it is sooner reclaimed by its owner. If such animal is known to be or is suspected of being diseased with a disease which might be transmitted to persons, it shall be kept in the pound for at least 10 days. Section 1 -117.. REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be redeemed from the pound by the owner upon payment of the following: 1. The license fee for the animal, if the license has not previously been obtained. 2. The late- license penalty, where a license has not been previously obtained. 3. The amount of the boarding fee which the City is required to pay the pound keeper. 4. An impounding penalty as set forth by City Council resolution. The license Ci Manager or the e Ci Manager's s desi nee may waive the late license enal g City g g Y penalty and the impounding penalty for persons other than the owner in cases of sale in accordance with Section 1 -118 of this ordinance. Section 1 -118. DISPOSAL OF UNREDEEMED ANIMALS. The City's designated pound keeper shall make an effort to contact the owner of any animal which has been impounded and which has identification on it. If at the end of the impounding period the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be disposed of or sold to any person following the procedures contained in Minnesota Statutes 514.93 relating to the sale of unclaimed animals by veterinarians. If the animal is to be kept in this City, a license shall be obtained by such person before possession of the animal is given to the purchaser. Section 1 -119. ABANDONMENT. It shall be unlawful for any person to abandon any animal, including wild animals in Brooklyn Center. Section 1 -.120. PENALTY. Any person violating the provisions of this ordinance, or any conditions of a license, shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to a fine of not more than $700 or to imprisonment for a period not to exceed 90 days, or both, together with the costs of prosecution. Each day that a violation exists shall constitute a separate offense. City of Brooklyn Center 1 -8 1 City Ordinance City of Brooklyn Center 6301 Shingle Creek Pkwy • 55430 -2199 CEIV D ' ( 612) 569 -3300 .SUN 6 Z000 License Application Private Kennel Annual Fee: $30 Annual Expiration: September 30 Purpose: To provide the owner of more than two dogs or more than three cats exceeding six months of age residing in the family dwelling unit or on the family premises a period of time, not to exceed three years, in which to find a place where the animals can be legally, safely, and humanely harbored. Date: OWNER (APPLICANT) Name: Last First Middle Address: (Street Address, City, State, Zip) Telephone Number: Attach a sketch or drawing with this application describing the construction and operation of the proposed kennel, or, if the animals are to be confined within the family dwelling unit, indicate this in the space provided. Indicate the number of animals together with their name (if any), age, breed, and sex (use additional sheets if necessary). NAM* \ .. .y.; { <? ? < r; > ,` :'- :; : : `:> ''` <:>i <: AM : .. AE .: BRE Page 1 of 2 (over) � ` . CERTIFlCATE OF VACCINATION Date of Vaccination: 08-09-99 CERTIFICATE NO: 2341 Next Vaccination On: 08-08-01 Prpvious Vaccination: 05-16-97 ______________________________________________________________________________ VETERINARY CLINIC OWNER OF ANIMAL' Camden Pet Hospital John/Marie Procter 1401 44th Avenue, North 6025 Halifax Ave N Minneapolis, MN 55412 Minneapolis, Mn 55429 612 522-4374 Hennepin County 612 504-2497 Wk: 520-5653 This is to certify... THAT I HAVE VACCINATED AGAINST RABIES THE ANIMAL DESCRIBED BELOW. Vaccination: Rabies-Canine 2 Yr-2341 Patient information... NAME: Tuffy TAG NO: 2341 SPECIES: Canine WEIGHT: 16.00 SEX: N AGE: 4y BREED: Chihuahua/Terrier mix COLOR & MARKINGS: Brown and Black Signed 11 A By Vaccinations dune... 2.81 Rabies-Canine 2 Yr-2341 08-09-99 2.25 DHPPV- Annual 08-09-99 ------------------------------------------------------------------------------ Rabies Vaccine Information... ��. nFG BY: MER LOT NO: 12307 LOT EXP: 01-21-02 VIRUS: KV ADM: ============================================================================== - ` CERTIFICATE OF VACCINATION Date of Vaccination: 02-01-00 CERTIFICATE NO: 3166 � Next Vaccination On: 01-31-02 Previous Vaccination: 01-15-98 ______________________________________________________________________________ � VETERINARY CLINIC OWNER OF ANIMAL � Camden Pet Hospital John/Marie Procter � 1401 44th Avenue, North 6025 Halifax Ave N � Minneapolis, MN 55412 Minneapolis, Mn 55429 612 522-4374 Hennepin County 612 504-2497 Wk: 520-5653 This is to certify... THAT I HAVE VACCINATED AGAINST RABIES THE ANIMAL DESCRIBED BELOW. Vaccination: Rabies-Canine 2 Yr-3166 . Patient information... NAME: Tiny TAG NO: 3166 SPECIES: Canine WEIGHT: 10.30 SEX: N AGE: By BREED: Pomeranian COLOR & M White ' Signed F 1 - � AW By Karen M6e DVM ^ - Vaccinations done... 2.81 Rabies-Canine 2 Yr-3166 02-01-00 Karen Moeschl, DVM 2.25 Physical exam w/DHPPV 02-01-00 Karen Moeschl, DVM ______________________________________________________________________________ ���� Rabies Vaccine Infnrmation... ��� � MFG BY: MER LOT NO: 12329B LOT EXP: 06-10-02 VIRUS: KV ADM: ============================================================================== - ' ~ � � � � . CERTIFICATE OF VACCINATION Date of Vaccination: 02-01-00 CERTIFICATE NO: 3167 Next Vaccination On: 01-31-02 Previous Vaccination: 12-27-97 ______________________________________________________________________________ � VETERINARY CLINIC OWNER OF ANIMAL � Camden Pet Hospital John/Marie Procter 1401 44th Avenue, North 6025 Halifax Ave N Minneapolis, MN 55412 Minneapolis, Mn 55429 612 522-4374 Hennepin County 612 504-2497 Wk: 520-5653 This is to certify... THAT I HAVE VACCINATED AGAINST RABIES THE ANIMAL DESCRIBED BELOW. Vaccination: Rabies-Canine 2 Yr-3167 Patient information... NAME: Chelsea TAG NO: 3167 SPECIES: Canine WEIGHT: 13.00 SEX: S AGE: 10y BREED: Shih Tzu COLOR 8 INGS: Black and White . Signed By K ar en — .--, -..' � Vaccinations done... � 2.81 Rabies-Canine 2 Yr-3167 02-01-00 Karen Moeschl, DVM 2.25 Physical exam w/DHPPV 02-01-00 Karen Moeschl, DVM ______________________________________________________________________________ Rabies Vaccine Information... MFG BY: MER LOT NO: 12329B LOT EXP: 06-10-02 VIRUS: KV ADM: - � � � � � � ' ' , CERTIFlCATE OF VACCINATION Date of Vaccination: 10-08-98 CERTIFICATE NO: 1363 Next Vaccination On: 10-07-00 Previous Vaccination: 09-25-97 ------------------------------------------------ _----------------------------- VETERINARY CLINIC OWNER OF ANIMAL � Camden Pet Hospital John Pearson 1401 44th Avenue, North 6025 Halifax Ave. N. Minneapolis, MN 55412 Minneapolis, MN 55429 612 522-4374 Hennepin County 763 504-2497 Wk: This is to certify... THAT I HAVE VACCINATED AGAINST RABIES THE ANIMAL DESCRIBED BELOW. Vaccination: Rabies-Canine 2 Yr-1142 Patient information... NAME: Coco TAG NO: 1363 SPECIES: Canine WEIGHT: 9.00 SEX: N AGE: 2y BREED: Poodle,Toy COLOR & MA � INGS: Brown Signed � By cy��h1a Fetzer, DVM ' Vaccinations done... 2.25 DHPPV- Annual 11-06-99 2.81 Rabies-Canine 2 Yr-1142 10-08-98 Cynthia Fetzer, DVM 2.80 Rabies-Canine 1 Yr-10859 09-25-97 Cynthia Fetzer, DVM ______________________________________________________________________________ Rabies Vaccine Information... *MFG BY: MER LOT NO: 12269B LOT EXP: 03-30-01 VIRUS: KV ADM: ============================================================================== - ` � Rp V Yr ` j�d J Y ' t. �. n,. �y , -..� M+Mx .xt,x .... ...,., . ......... .... .. r, - II;3 1Liy, 1'P a 1i�} SS rtl 4 ! ' 1 4 7 I, r F%. r y � r t +' ai ******** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CITY OF BROOKLYN CENTER CASHIER: CDS TERMINAL NO: 789 * : 06/26/00 TIME: 13:29:33 ID: NAME: JOHN PROCTOR 9001 3150 PRIVATE KENNEL LI 30.00 Total Receipt Amount: 30.00 RECEIPT #: CR062070 USER ID: REGISTER • • City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: David Fisher, Building Official FROM: Larry Martin, Building Inspector DATE: 12 July, 2000 RE: Private Kennel License Application for 6025 Halifax Avenue North On July 10, 2000 I conducted a health and comfort inspection at 6025 Halifax Ave. N. The residence of John Procter for a private kennel license. Upon questioning the homeowner I was told that three people reside in the home, and that the four dogs spend the majority of their time inside the home. Upon walking through the home (approx 1100 sqft.) I found it to be well maintained and clean. • The overall condition of the yard appeared neat and well maintained with a detached garage and a four foot chain link fence which encloses the back yard. After completing the home inspection I was able to speak with a couple of the neighbors and left with the impression that the dogs are not an issue with the neighborhood. In my opinion a private kennel license should be granted at this time. cc: Brad Hoffman, Community Development Director Sharon Knutson, City Clerk • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer ��ppK4YN C�rF9 BROOKLYN CENTER S POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Mana er FROM: Joel Downer, Chief of Polic DATE: July 14, 2000 SUBJECT: Private Kennel License Application for 6025 Halifax Avenue North Police records indicate two responses by officers to 6025 Halifax Avenue North. One of the calls was reported an animal violation. • April 25, 2000 at 4:17 pm, police responded to four dogs running at large defecating in neighbor's yards. All dogs were at the owner's home upon the officer's arrival. The • officer advised the homeowner regarding leash laws. No citation was issued. JD /jm • kennel.mem I INQ30C10 ADDRESS INQUIRY REPORT Page: 1 MON, JUL 3, 2000, 3:15 PM FOR Req. By:.104 6025 HALIFAX ---------------------- - - - - -- ADDRESS --------------------- - - - - -- Map Guide: B -4 Reporting District: 4 ------ -- --- ----------- - - - - -- PERSONS INVOLVED --------------------- - - - - -- Inv Name S R DOB Address CO01 LINDBERG, ELMER JOHN M W 081019 6025 HALIFAX ---------------------- - - - - -- CASES --------------------- - - - - -- Case No Inv Date Code Description Status CR987154 051598 SUS ACT NA ®r(@@ CR006980 042500 DOG TAGS NA ®r( @@ • • NARRATIVE FOR CR -00- 0000006980 !/ CASE NUMBER = CR -00- 00006980 �j /X-ST = HALIFAX PL COMMON -NAME _ 1617/4 DOGS RUNNING LOOSE THAT LIVE AT THIS ADDRESS 1617 /THEY POOP IN OTHER PEOPLE'S YARDS 1617/ INCIDENT NUMBER: OBC0008130 1639 /ADVISED HOMEOWNER ABOUT LEASH LAWS -DOGS WERE IN HOME UPON ARRIVAL. 1639 /CLOSED DISPO AID /ASSIST - NO RPT • July 3, 2000 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: John Procter 6025 Halifax Avenue North, Brooklyn Center, MN 55429 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for John Procter to keep four dogs on his property at 6025 Halifax Avenue North? (please circle) Yes No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name Address Signature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. • AYe aa - x X AVol ►A\Dk x A X X X 03° X �D 6o3 i 603 bby3 $ H. J; Ax. Avenue 1� � SDI X 6 o►ti X d oh X X 6030 X 6ai3 boob X (Oia .. x x 6001 F • John and Marie Procter Josephine Chamberlain James and Patricia Ordner 6025 Halifax Avenue North 6031 Halifax Avenue North 6039 Halifax Avenue North yn Center MN 55429 Brooklyn Center MN 55429 Brooklyn Center MN 55429 Patrick and Elizabeth Bridgman John and Karey LaCrue Dale and Lucille Wessen 6043 Halifax Avenue North 6019 Halifax Avenue North 6013 Halifax Avenue North Brooklyn Center MN 55429 Brooklyn Center MN 55429 Brooklyn Center MN 55429 Alois and Barbara Knaus Richard Gardner Robert and Phyllis Davidson 6007 Halifax Avenue North 6018 Halifax Avenue North 6030 Halifax Avenue North Brooklyn Center MN 55429 Brooklyn Center MN 55429 Brooklyn Center MN 55429 Ione Primeau Richard Elliott Cher and Yer Cheng 6012 Halifax Avenue North 6006 June Avenue North 6012 June Avenue North Brooklyn Center MN 55429 Brooklyn Center MN 55429 Brooklyn Center MN 55429 John and Joan White Thomas and Julie Repinski Donald and Barbara Leopold 6018 June Avenue North 6024 June Avenue North 6030 June Avenue North Brooklyn Center MN 55429 Brooklyn Center MN 55429 Brooklyn Center MN 55429 0 Daniel Bauman Donald and Shirley Sarazin Russell and Sandra Davis Stephanie Fischer 6042 June Avenue North 4213 61 st Avenue North 6036 June Avenue North Brooklyn Center MN 55429 Brooklyn Center MN 55429 Brooklyn Center MN 55429 Margaret Eide Richard and Marie Crone Kenneth and Julie Hirte 4207 61 st Avenue North 42016 1 st Avenue North 4113 61 st Avenue North Brooklyn Center MN 55429 Brooklyn Center MN 55429 Brooklyn Center MN 55429 Kenneth and Lori Klefsaas Teng and Ville Thao 4107 61 st Avenue North 41016 1 st Avenue North Brooklyn Center MN 55429 Brooklyn Center MN 55429 • Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. Sharon Knutson City Clerk July 3, 2000 Mr. John Procter 6025 Halifax Avenue North Brooklyn Center, MN 55429 RE: Private Kennel License Application Dear Mr. Procter: Your application for a private kennel license, license fee, and proof of current rabies vaccination for each dog have been received by the City of Brooklyn Center. Within the next fourteen (14) days, the City inspector will visit your home to complete a sanitation inspection. Please be advised the enclosed notice /survey has been mailed to area property owners within 150 feet of your home. The City Manager will consider your application for a private kennel license and either approve or deny it based on the City inspector's report and any written comments from you or affected persons. You will be notified of the City Manager's decision. Should you have any questions relevant to your private kennel license application, please call me at 763 -569 -3306. Sincerely, Sharon Knutson City Clerk enc. cc: City Manager Michael J. McCauley 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer RE CEIVED ' • JUL ®72"- July 3, 2000 QQQ NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: John Procter 6025 Halifax Avenue North, Brooklyn Center, MN 55429 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for John Procter to • keep four dogs on his property at 6025 Halifax Avenue North? (please circle) Yes 1( No based on the following (please circle): eXcessive do gces in yard ive dog-b� dogs o running -at -large Other comments specifically related to the keeping of the dogs: Name P_ r Address 4 G I z ;T r Signature c �� Please mail this survey to City Clerk, ;Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license • application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. cEIVED July 3, 2000 JUL 0 7 2000 NOTICE OF RECEIPT OF APPLICATION ` FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: John Procter 6025 Halifax Avenue North, Brooklyn Center, MN 55429 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. • Should the City Manager approve a private kennel license for John Procter to keep four dogs on his property at 6025 Halifax Avenue North? (please circle) Yes o based on the following (please circle): ex ces fo rd cessive dog barkin Z - �s bite ° dogs running -at -large nn Other comments specifically related to the keeping of the dogs: Name - 4,t& Ow Address k �� SS Signature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. I�CE� • JUL 10 2000 _ July 3, 2000 .BY NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: John Procter 6025 Halifax Avenue North, Brooklyn Center, MN 55429 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information rovid p ed in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. • Should the City Manager approve a private kennel license for John Procter to keep four dogs on his property at 6025 Halifax Avenue North? (please circle) Yes N based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs _runnin - at -lar e _/ / O er com ments s pecifically elated to a keeping of the dogs: 1/ /� �s At D. 5� /I !� ePT /A/ 1 e& CeW - d Ire, ; / � 0 EMAIe- z o F(,ti N /o hs cY v0u A f/e wA ale /Ule Ad k 406c( Name / a �� G k I C� Address 'n 7` 3 h./l 47Y 14v _ / V Signature 13 - C' �/V � ' T D / Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license • application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. Jut 20 July 3, 2000 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: John Procter 6025 Halifax Avenue North, Brooklyn Center, MN 55429 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to. the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny.the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for John Procter to keep four dogs on his property at 6025 Halifax Avenue North? (please circle) Yes N ed on the following (please circle): excessive dog feces ' and ,('excessive dog barking �OLS�itP - "� C Other comments specifically related to the keeping of the dogs: Name Addresses Signature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license • application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. JUL I 3 Z0QO 13yy - July 3, 2000 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: John Procter 6025 Halifax Avenue North, Brooklyn Center, MN 55429 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. • Should the City Manager approve a private kennel license for John Procter to keep four dogs on his property at 6025 Halifax Avenue North? (please circle) Yes c,J t T ( No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs_ bite dogs running-at-large Other comments specifically related to the keeping of the dogs: �}fV 5J NpT 124lv rutN 1 jAc12allNOI Name 10, vn S w P ,4 - rK i c ► 1� a P- N eA-, Address 0 3 q k� P, L J X - V A) O " I `� Signature � Ar-> a Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license g application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. RECEIVED JUL 13 2000 July 3, 2000 - NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: John Procter 6025 Halifax Avenue North, Brooklyn Center, MN 55429 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for John Procter to keep four dogs on his property at 6025 Halifax Avenue North? (please circle) Yes N ased on the following (please circle): excessive dog feces in yard excessive dog barking dogs-bite dogs running - at -large Other comments specifically related to the keeping of the dogs: ` r viP rtied Owe cq • ;"-h e j r 0 a -z �-ir� e < -,PC7m o ur a v ) �o � 1- k lie v n� ct�afti qn a In�t � � Sr char its w b .��' . are - f�►aT rre5ponS 1ble They eS env a e-n tfi. Name kti� 1�LF�S�/i S Address , /l �7 6 Signature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license • application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. Jul 3, 2000 Y 2 By: OQO NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: John Procter 6025 Halifax Avenue North, Brooklyn Center, MN 55429 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for John Procter to • keep four dogs on his property at 6025 Halifax Avenue North? (please circle) es No based on the following (please circle): excessive dog feces in yard excessive dog barking do bi do s r unning -ate Other c dogs f i o I mments specifically related to the keeping of the � /)e f, S I�Ccl + fAJ v; ff ,(fie /fer j: Name Address /_V / /./76 t1,4iL IVZ, Signature �A f�✓ Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license • application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. Office of the City Manager City of Brooklyn Center A great place to start. A great place to stay. . Michael J. McCauley City Manager August 1, 2000 Mr. John Procter 6025 Halifax Avenue North Brooklyn Center, MN 55429 RE: Private Kennel License Application Dear Mr. Procter: Your application for a private kennel license dated June 26, 2000, is denied based upon a review of your application, the responses received from neighbors, and a review of the police records. The responses received from neighbors indicate problems with dogs not being kept on the premises and barking. In order to transition into compliance with the denial of your license, you will have a period of six months until January 20, 2001, within which to bring the number to conformance with the City ordinance limiting the number of dogs to two. I would also note that one of the four dogs listed on the application is not owned by you. Since the inspection of your property indicated that it was clean and well kept and some neighbors indicated that if the dogs were confined to your yard and supervised so as to avoid barking or depositing animal feces on other persons' property, it might be possible to have more than two dogs of the size indicated on your application on the premises without undue problems. Thus, if you would wish to reapply for a license before January 20, 2001, we could resurvey the neighbors and review the police reports at that time to determine if the problems identified have been corrected so that a license application would have a basis for reconsideration. Under Brooklyn Center City Ordinances, the City Manager's decision in these matters is appealable to the City Council. To institute this appeal process, you must submit to my office, within 14 days of receipt of this notice, a written request for a hearing before the City Council. Should you choose the appeal option, the City Council will hold a public hearing on your appeal after mailed notice to adjoining property owners. Should you have any questions with regard to this matter, please call City Clerk Sharon Knutson at 763 -569- 3306. Michael J. McCa e City Manager • MJM:sk cc: Sharon Knutson ` 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer =31 City of Brooklyn Center A great place to start. A great place to stay. • August 1, 2000 NOTICE OF DENIAL OF APPLICATION FOR PRIVATE KENNEL LICENSE TO WHOM IT MAY CONCERN: Please take notice that the City Manager of the City of Brooklyn Center has denied an application for private kennel license for John Procter, 6025 Halifax Avenue North, and has allowed Mr. Procter until January 20, 2001, to come into compliance with the City Ordinances which require no more than two dogs on the premises. The City Manager based his decision on the intent of the City Ordinances to limit the keeping of animals in residential areas, written comments received by affected persons, and police records. • City Ordinance Section 1- 105.5b requires the City Clerk to mail notice of the City Manager's decision to approve or deny the applicant's private kennel license application to the owners of property within 150 feet of the proposed kennel location. The owner or any other affected person may request a hearing before the city council to show cause why the decision should be changed. A WRITTEN request for the hearing must be received by the City Manager within fourteen (14) days of the date of this notice. Direct written requests to City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. If a written request_ for a public hearing before the city council is received, notice of the date and time of the public hearing will be mailed to owners of property within 150 feet of the proposed kennel location. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the decision of the City Manager. Questions or concerns regarding the private kennel license application denial should be directed to City Clerk Sharon Knutson at 763 -569 -3306. Sharon Knutson i 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer RECEIVED' FVG J CK 0 3 2000 &,)c c v 7 - i) f-o Je- , r kvvil I j cA 6b� ks Ha ll i A) . CA� CA)e- �✓� �esrr� X112 /e Z�ee��ln'���:s r � dt?r ? rC1 / �C'z7/l�i lrCE' 5 filr' h a� G , ,1 UI �?Q'� ✓� r. '` 5 �`! j� Or n� c4y� cyc Our �Pol CAAd j 0 ,rte li Oliid 4 \cve / S 17c) c-(� c �ve LL t ICS /. © lnG �'�� �5 � 1` 11t�/ e r� 5 -4� / 0 0 / /'l 1 J ec ✓ aO'IC 6 C ' h0t�o t'cal r' l� A r✓ e �� ✓ j'`��f�� `'SSG Ci t 9 0' Z /O0 'Si it Plk Wu vfb��em r tC� i Office of the City Manager City o f Brooklyn Center A great place to start. A great place to stay. • Michael I McCauley City Manager August 4, 2000 Mr. John Procter 6025 Halifax Avenue North Brooklyn Center, MN 55429 RE: Request for Public Hearing Dear Mr. Procter: Enclosed is a co 0 f the public hearing copy P g being mailed to area property owners within 150 feet of your property. As stated in the notice, the public hearing will be held on Monday, August 28, 2000, at 7 p.m. or as soon thereafter as the matter may be heard. You are not required to be present at the public hearing, but you may wish to attend so you can answer any questions the City Council may have. Should you have any questions relevant to the public hearing, please call me at 763 -569 -3306. Sincerely, Sharon Knutson, CMC City Clerk Enclosure 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. i August 4, 2000 NOTICE OF PUBLIC HEARING Monday, August 28, 2000 Council Chambers City Hall 7 p.m. (or as soon thereafter as the matter may be heard) TO WHOM IT MAY CONCERN: Please take notice that the City Manager of the City of Brooklyn Center has received a written request for a public hearing before the City Council to show cause why the City Manager's decision to deny the private kennel license submitted b John Procter, 6025 Halifax Avenue North to keep p four dogs should be changed. The City Council will make its decision based on the City inspector's report, Police records, any written comments by the applicant and any affected persons, and anyone wishing to address the Council at the public hearing. Attendance is not required; however, if you would like to express your concerns or comments directly to the City Council, you are encouraged to attend. - If you are unable to attend the City Council meeting, written comments should be directed to the City Council, c/o City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. If you previously submitted written comments to the City Manager, they will be forwarded to the City Council. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the City Manager's decision. Questions or concerns regarding the public hearing should be directed to City Clerk Sharon Knutson at 763-569-3306. jwyt Sharon Knutson • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center (Official Publication)- CITY OF BROOXLVN CENTER NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: = NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will hold a public hearing on Mon - day, August 28, 2000, at 7 p m. or as soon thereafter as the matter may be heard in the City Hall Council Chambers, nVC% ** :opapers 6301 Shinngql1e Creek Parkway, to consider an application for private$ennel license submitted by John Procter, 6025 AFFIDAVIT OF PUBLICATION Halifax Avenue North, Brooklyn Center,Minnesota, Hen- pin Countyy, BRIEF STATEMENT OF CONTENTS OF APPLICA- STATE OF MINNESOTA) 71ON: Application for a private kennel license to keep four dogs at the residence at 6025 Halifax North, SS. Brooklyn Center Minnesota, Hennepin County. COUNTY OF HENNEPIN) City Clerk n Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the 16- 2o00)PI/kennet newspaper known as Sun -Post or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 16 day of Auqust , 2000, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 2000; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefgkgjklmnopgratu Publisher Subscribed and sworn to or affirmed b ore me on this day of 2 0. Nota Public^•wssJ r ;, l•,... MEi= :lGf_L M. HEOE>E01M = :+`` ' f�OiA':Y Ft!E�.JC- IJ�INPJESOTA / M 00M,' )SS!0N EXPIRES 1v1.2005 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 oer line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line is City of Brooklyn Center Agreat place to start. A great place to stay. August 4, 2000, Ate NOTICE OF PUBLIC HEARING, � pd Monday, August 28, 2000'; Council Chambers Ci ty Hall 7 p.m. (or as soon thereafter as the matter may be heard) TO WHOM IT MAY CONCERN: Please take notice that the City Manager of the City of Brooklyn Center has received a written request for a public hearing before the City Council to show cause why the City Manager's decision to deny the private kennel license submitted by John Procter, 6025 Halifax Avenue North, to keep four dogs should be changed. The City Council will make its decision based on the City inspector's report, Police records, any written comments by the applicant and any affected persons, and anyone wishing to address the Council at the public hearing. Attendance is not required; however, if you would like to express your concerns or comments directly to the City Council, you are encouraged to attend. If you are unable to attend the City Council meeting, written comments should be directed to the City Council, c/o City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. If you previously submitted written comments to the City Manager, they will be forwarded to the City Council. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the City Manager's decision. Questions or concerns regarding the public hearing should be directed to City Clerk Sharon Knutson at 763 -569 -3306. Sharon Knutson ` J 6301 Shingle Creek Pkwy, Brooklyn Center MN 55430 -2199 • 3300 f y Ione Priineau Recreation and Community Center Phone & TDD Numb x' xa lifas Ave N 4 Minneapolis, MN An Affirmative Action /Equal 0, y 55429.243c, ���, City of Brooklyn Center • History City Ordinance/Private Kennel Licenses I. Animal Ordinance In reviewing amendments to the City's animal ordinance, following is a brief recap relating to private kennel licenses/keeping of animals. • Current - Chapter 1 of the City Ordinances provides that a family may obtain a private kennel license to have more than two dogs exceeding six months of age; private kennel license not to exceed three years. The application is forwarded to the City Manager for approval or denial. The applicant may request a public hearing before the City Council if the City Manager denies the license. • May 13, 1991 - Chapter 1 amended to authorize the City Manager to approve or deny private kennel licenses instead of a required public hearing before the City Council. The applicant may request a public hearing before the City Council if the City Manager denies the license. • September 27, 1982 - Chapter 1 amended to allow private kennel licenses to be issued to a person with more than two dogs exceeding six months of age. The process required a public hearing before the City Council. Language regarding keeping of dogs was amended to allow a family to keep no more than two dogs exceeding six months of age on the family premises without obtaining a private kennel license, not to exceed three years. • August 19, 1974 - Chapter 1 amended to allow no more than two dogs exceeding six months of age on the family premises —no private kennel licenses addressed in ordinance. • Prior to August 1974 - Chapter 1 provides for kennel license which requires every person who owns or keeps three or more dogs exceeding six months of age to obtain a kennel license —the maximum number of dogs permitted to be kept in a licensed kennel is five –any person may apply for special permission to keep more than five dogs, but not to exceed ten. The length of time the applicant has to keep more than three dogs is not addressed. II. Private Kennel License Applicants -Jean Wessling, 5649 Brooklyn Blvd., to keep three dogs, applied 4/3/2000 - denied by City Manager 5/8/2000 - 6/26/00 public hearing before City Council -City Council denied license; must be in compliance by 8/7/2000 - citation issued 8/8/2000 for non - compliance I i . •Craig and Jeanne O'Brien, 6730 Drew Avenue N., to keep three dogs, applied 10/11/99 - denied by City Manager 11/15/99 - 1/10/00 public hearing before City Council -City Council approved license until 2/10/01 (1st license year) -Gregory and Barbara Ulbrich, 6807 Emerson Avenue N., to keep four dogs, applied 5/8/98 - denied by City Manager 6/22/98 - 8/10/98 public hearing before City Council -City Council approved license until 8 /10/99 (1st license year) -City Council approved license 6/28/99 until 8/10/2000 (2nd license year) •Steven/Amy Kurvers, 5221 Drew Avenue N., to keep three dogs, applied 4/17/98 - 6/15/98 applicant notifies City that one of the dogs was put to sleep, in compliance -Brian Bacon, 5351 Emerson Avenue N., to keep three dogs, applied 11/24/97 - denied by City Manager 12/26/97; given until 4/1/98 to come into compliance - 5/8/98, citation issued to owner for non - compliance -Patrick Hansen, 5425 Irving Avenue N., to keep three dogs, applied 7/28/97 - denied by City Manager - 9/26/97 public hearing before City Council 10/27/97 - denied by City Council; must be in compliance by 11/25/97 -CSO confirmed compliance 11/28/97 •Daniel Kitchin, 5601 Logan Avenue N., to keep five dogs, applied 6/18/97 - denied by City Manager - 9/8/97 public hearing before City Council -City Council continued public hearing 11/10/97 - applicant moved 11/14/97 -Verne Christensen, 6036 Kyle Avenue N., to keep three dogs, applied 6/5/97 - approved by City Manager for six months (1/19/98) then review - extension granted by City Manager for six months (7/17/98) -Mary Alice Kjeldahl, 6207 Kyle Avenue N., to keep three dogs, applied 5/15/97 - approved by City Manager for six months (12/9/97) then review - extension granted by City Manager for six months (6/26/98) -Betty Lou Chosa, 6425 Fremont Avenue N., to keep three dogs, applied 6/23/97 - denied by City Manager - applicant came into compliance -Robert Johnson, 7112 Morgan Avenue N., to keep four dogs, applied 3/18/97 • - denied by City Manager - applicant moved -2- •Patricia/Bradley Shogren, 6312 France Avenue N., to keep three dogs, applied 9/22/93 - denied by City Manager 10/26/94 - applicant requested public hearing before City Council - 12/19/94 public hearing before City Council -City Council approved license until 9/30/95, then review (1st license year) -City Council approved license 9/25/95 until 9 /30/96 (2nd license year) -City Council approved license 10/15/96 until 9/30 97 (3rd license year) - 9/15/97 applicant requested extension - 10/7/97 City Manager denies extension, includes Attorney's Opinion ** -Jana Lynn Roberts, 6421 Bryant Avenue N., to keep four cats, applied 3/7/94 - denied by City Manager - applicant requested public hearing before City Council - 5/23/94 public hearing before City Council (1st license period) -City Council approved license until 9/30/95 (this was an 18 -month period) - 9/25/95 public hearing before City Council (2nd license period) -City Council approved license until 9 /30/96 - 10/15/96 public hearing before City Council (3rd license period) -City Council approved license until 9 /30/97 - applicant came into compliance within timeframe -Christine Marie Arneson, 5308 Humboldt Avenue N., to keep six cats, applied 7/20/94 - denied by City Manager with six -month period to remove excess animals - applicant came into compliance within timeframe •Jeffrey Guedes, 6319 Brooklyn Drive, to keep three dogs, applied 6/25/93 - denied by City Manager - applicant came into compliance -Richard M. Strong, 516 62nd Avenue N., to keep three dogs, applied 6/1/92 - denied by City Manager - applicant requested public hearing before City Council - 9/28/92 City Council held public hearing and denied license with one year to remove excess animal - applicant came into compliance within timeframe -Dale Thompson, 3300 Quarles Road, to keep four dogs, applied 6/22/92 - denied by City Manager - applicant requested public hearing before City Council - 9/28/92 City Council held public hearing and denied license with three months to remove excess animals - 12/4/92 applicant requests from City Manager extension of time to remove excess dogs and is granted until 1/31/93 - 1/26/93 applicant requests from City Manager another extension of time to remove excess • dogs and is granted until 2 /19/93 - 2/25/93 Code Enforcement Officer issues citation to applicant for non - compliance -3- . •Debra Jean Wilcox, 5417 Fremont Avenue N., to keep three dogs, applied 3/2/92 - denied by City Manager - applicant requested public hearing before City Council - 6/8/92 City Council held public hearing and denied license with six months to remove excess animals - 12/16/92 applicant in compliance -Debra Schlick, 6727 Perry Avenue N., to keep three dogs, applied 8/6/92 - denied by City Manager - applicant requested public hearing before City Council - 10/13/92 City Council held public hearing and denied license with three months to remove excess animals - 1/13/93 applicant requests from City Manager extension of time to keep dogs - 1/26/93 City Manager denies extension based on City Council decision - 2/1/93 applicant in compliance -Sharon Weise, 6730 Dupont Avenue N., to keep three dogs, applied 11/12/90 - 2/11/91 public hearing before City Council -City Council approved license for one year only - applicant came into compliance within timeframe * -Diane Baer, 6915 Lee Avenue N., to keep three dogs, applied 11/1/89 - 11/13/89 public hearing before City Council -City Council approved license for one -year period - 2/11/91 public hearing before City Council for reconsideration (extension) -City Council approved extension to 9/1/91 - applicant in compliance within timeframe -Sara Wiegand, 4206 66th Avenue N., to keep three dogs, applied 6/26/89 - 7/24/89 public hearing before City Council -City Council approved license for one year and allowed applicant to apply for 2nd year - 9/24/90 public hearing before City Council -City Council approved renewal until 9 /30/91 - applicant in compliance within timeframe ** -James Zimmer, 5729 Bryant Avenue N., to keep three dogs, applied 3/13/86 - 4/7/86 public hearing before City Council (1st license period) -City Council approved license for one -year period - 5/4/87 public hearing before City Council (2nd license period) -City Council approved renewal until 11/1/88 (this was an 18 -month period) - 11/21/88 public hearing before City Council (3rd license period) -City Council approved renewal until 10/1/89 - applicant in compliance 10/15/89 • -4- • •Mabel Rustad, 5229 Great View Avenue N., to keep four cats, applied 3/13/89 - 4/24/89 public hearing before City Council -City Council denied license and requested staff to prepare a resolution with findings which allow the owner 30 days in which to remove the excess cats - 5/8/89 City Council approved resolution which denies private kennel license -Roger Lee Olson, 5449 Emerson Avenue N., to keep three dogs, applied 5/2/89 - 6/12/89 public hearing scheduled -Mr. Olson withdrew application prior to meeting. - 7/19/89 applicant in compliance In reviewing these private kennel license applicant files, there is one instance in which the City Council approved the private kennel license for a one -year period and the applicant requested an extension from the City Council after the one -year period (it is indicated with a single asterisk *). There are two other instances in which the period of time exceeds three years (they are indicated with a double asterisk * *) and is due to the City Council approving a license for an 18 -month period of time. There are no applicants requesting an extension after the Council had approved the third and final license period. • -5- City Council Agenda Item No. 8a MEMO To: Michael J. McCauley, City Manager !�•�, From: Ronald A. Warren, Planning and Zoning Speci < Subject: City Council Consideration Item - Planning Commission Application No. 2000- 019 Date: August 23, 2000 On the August 28, 2000 City Council Agenda is Planning Commission Application No. 2000- 019 submitted by Dean Williamson of Frauenshuh Companies requesting Site and Building Plan Approval for the redevelopment of the Brookpark Dental Center at 6437 Brooklyn Boulevard. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -019 and also an area map showing the location of • the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their August 10, 2000, meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. • • Application Filed on 7 -27 -00 City Council Action Should Be Taken By 9 -25 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -019 Applicant: Frauenshuh Companies Location: 6421 and 6437 Brooklyn Boulevard Request: Site and Building mg Plan Approval The applicant, Dean Williamson, on behalf of Frauenshuh Companies, is seeking site and building plan approval for the redevelopment of the Brookpark Dental Center at 6437 Brooklyn Boulevard. The property under consideration is a 50,111 sq. ft. parcel of land which is being created through the combining of 6421 and 6437 Brooklyn Boulevard. The preliminary plat' proposing the combination of these two lots (Planning Commission Application No. 2000 -013) was approved by the City Council on June 26, 2000. The final plat approval is scheduled for City Council consideration on August 14, 2000. The combining of these two lots will create a lot that slightly exceeds the minimum lot area requirement of one acre for a service /office use along a major thoroughfare. The site is zoned C -1 (Service /Office) and is bounded on the west by R -5 zoned property containing an apartment complex; on the north by 65th Avenue with a park and ride facility on the north side of the street; on the east by Brooklyn Boulevard with Garden City School on the opposite side of the street; and on the south by C -1 zoned property containing an office building (6415 Brooklyn Boulevard). Demolition of the house currently at 6421 is set for the very near future. Once the house is demolished and the properties legally combined, the applicant plans to begin the Brookpark Dental Center redevelopment by building a new 10,008 sq. ft., one story dental center. It will be built immediately to the south of the existing dental center which will stay in operation until the new center is completed and ready to be occupied. Once that occurs, the existing dental center will then be demolished and the parking lot extended. The combined lots will still be addressed as 6437 Brooklyn Boulevard, which is the current address for the Brookpark Dental Center. The layout of the new dental center proposes a 35 ft. building setback from Brooklyn Boulevard right of way. Brooklyn Boulevard is classified as a major thoroughfare and building setbacks off major thoroughfares are 50 ft. per Section 35 -400 of the zoning ordinance. The applicant, under Planning Commission Application No. 2000 -020, is seeking a variance from the major thoroughfare setback requirement and requesting that the typical 35 ft. building setback be allowed for this building. The primary justification for this request is that similar variances have • 8 -10 -00 Page 1 been granted by the City. The variance request will be taken up separately when consideration is given to Application Number 2000 -020. ACCESS/PARKING Access to the site will continue to be from 65th Ave North where it presently exists. The driveway formerly serving the house at 6421 Brooklyn Boulevard will be closed. No other access will serve this site. The new 10,008 sq. ft. dental center will require 67 parking spaces based on a parking requirement of one parking space for every 150 sq. ft. of gross floor area for a medical/dental office building use. Once completed, the site will provide 64 on site parking spaces including two handicapped spaces, three short of the parking required for such a use. The Brookpark Dental Center was granted a Special Use Permit by the City Council on December 18, 1978 under Planning Commission Application No. 78067 which authorized legally encumbering 20 parking spaces located at 6415 Brooklyn Boulevard (property immediately to the south) for the sole use of the dental center. That encumbrance continues today and will continue in the future. Therefore, the parking for the dental center will be 84 parking spaces, well in access of the minimum required. The parking lot will be expanded following demolition of the existing clinic. B -612 curb and • gutter is required around all driving and parking areas. Zero curb lines are provided by the front entrance on the north side of the building where handicap accessibility is provided and at the southwest comer of the parking lot for garbage pick up. GRADING/DRAINAGE/UTILITIES The applicant has provided a grading plan that includes some utilities information. The City Engineer is reviewing the plan and will be offering written comments. Storm sewer will be provided in the expanded parking lot and will be conveyed to existing storm sewer in Brooklyn Boulevard and 65th Avenue North. The existing parking lot, which will be added onto, already is served by storm sewer. A six inch water line will be brought into the new building along the south side and will be connected to existing water main which is located in the Brooklyn Boulevard right of way. The applicant proposes to utilize the existing sanitary sewer lines serving 6421 Brooklyn Boulevard for the new building. They will need to provide assurance that the sewer is adequate to serve the new building. Existing water and gas lines currently serving 6421 Brooklyn Boulevard are proposed to be abandoned at the property line. Erosion control includes silt fencing around the east and south sides of the new building. An approximate two foot to three foot high berm in the existing 35 ft. green strip along Brooklyn is 8 -10 -00 Page 2 Boulevard will be extended to the south to provide some parking lot screening from Brooklyn Boulevard. The plan also shows a retaining wall to be built along most of the west side of the site, elevating to about 30 inches in height. Because the site is less than five acres in area, no Shingle Creek Watershed Management' Commission review is required. LAND S CAPING /SCREENING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This 1.15 acre site requires 115 landscape points. The applicant's proposal involves the elimination of some existing landscaping around the existing dental center building due to the demolition of that building and the expansion of the parking lot to the south. They will retain some existing landscaping in the green strips along 65th Avenue and Brooklyn Boulevard. The value of landscape points for new landscaping to be added is 225 points, well in excess of the 115 required. The new proposal provides 40 points in shade trees (four Skyline Locusts), 16.5 points in ornamental trees (11 Pinkspire Crabapple), 40 points in coniferous trees 80 Scandia Juniper) and 128.5 points in various shrubs ( 27 Isanti Dogwood, 105 Glossy Black Chokeberry, 13 Miss Kim Lilac, 41 Hedge Cotoneaster, 59 Greenmound Alpine Current, 12 • Shrub Rose and 71 Hosta). The plantings are well distributed on the site with perimeter building foundation plantings including Miss Kim Lilac, Scandia Juniper, Hosta, Greenmound Alpine Current, and three Pinkspire Crabapple located close to the building. A Cotoneaster Hedge made up of 41 plantings is provided between the retaining wall on the west side of the building and a sidewalk servicing the site. Green strip plantings include four Skyline Locusts and Six Pinkspire Crabapple along Brooklyn Boulevard and three Pinkspire Crabapple along 65th. Groupings of shrubs include Isanti Dogwood and Scandia Juniper with Pinkspire Crabapple and Isanti Dogwood and Scandia Juniper with Skyline Locusts. A planting bed of Scandia Juniper and Shrub Rose is located close to the corner of Brooklyn Boulevard and 65th. The Glossy Black Chokeberry are provided in the 65th Avenue green strip. The screening plan proposes a 4 ft. high screening wall along the entire west side of the parking lot after it is extended. The zoning ordinance requires parking lot screening when parking lots containing more than six vehicles abut residential property. Such an abutment exists with the apartment building to the west. A 4 ft. high wood screening wall currently exists but new screening will be provided in this area and on top of a retaining wall that is being planned. 8 -10 -00 Page 3 • BIJII.,DINfT The front of the building will face 65th Avenue as does the existing building. It is one story in height and will have a face brick exterior. No color is indicated, however, it will be a dark face brick with a lighter face brick soldier course at the top of the building and another soldier course about two feet up from the bottom. A third row of soldier course brick both dark and light surrounds the building at the top of the windows. Another feature is a prefinished, preformed metal siding that projects above the main entrance of the building and serves as mechanical equipment screening. This projection is enclosed on all four sides and because of this, can be considered a wall for building wall signery. LIGHTINGMZASIj A lighting plan has been submitted indicating the proposed lighting will not exceed the foot candles authorized under Section 35 -712 of the zoning ordinance. The plan calls for two double mounted light poles in island areas within the parking lot and six wall mounted lights, two each on the northwest and south building walls. The trash enclosure area is located on the west side of the building in an area indented in the west wall. A trash enclosure made up of three gates of 1 X 6 cedar stained fence affixed to steel posts will serve as the screening device. Trash containers will be wheeled out along the sidewalk to the southwest comer of the parking lot for trash pick up and then replaced in the screening area. • RECOMMENDATION Altogether the plans appear to be in order. As mentioned, the applicant has requested a variance from the major thoroughfare setback requirement which is the subject of Application No. 2000- 020. Any approval of this application should coincide with recommendations for the variance or modifications to the plan indicating compliance with setback requirements. Approval should be subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of building permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. . 8 -10 -00 Page 4 • 5. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilities site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of the front entrance area for handicap accessibility and where the trash pick up area is proposed. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 13. The final plat combining this site into a single lot shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 14. Approval of this application is contingent upon the granting of a variance from the M - ft. major thoroughfare setback comprehended by Planning Commission Application No. 2000 -020. • 8 -10 -00 Page 5 ° / , INDIANA INDIANA A t- _ALtFAX V- N. . 00 i Z v GRIMES AVE. N. a •� '� GRIME- a. F � t� ; t�FtAN A.E RANCE A -... N -000- RANCE Z Boom, EWIW) AVE. N. EVY IN A E1i Nf3 AVE __ p - ,, o w E AV O � � � �. � �,• z DR EW VE. REW AVE � G O• N. ..._ s'� D DREW AVE. 4 4# CJE AVE. a jig X . r gEARI) M BEARO AVE. N. ! 1 F ABSO �7 y� �• m ZENITH • MEMORANDUM DATE: August 4, 2000 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer 4 SUBJECT: Brookpark Dental Center - Plan Review The Engineering Department has reviewed the subject civil drawings dated 7 -24 -00 and have the following comments: • A Hennepin County permit will be requirdd for working with the Brooklyn Boulevard right -of- way. This permit shall address traffic control and restoration of the County Road. Work in the Brooklyn Boulevard right -of -way includes connecting to an existing storm sewer, removing existing water services, connection of a new service to the water main, and sidewalk and street repairs. • The roof drainage shall not be directed to either adjoining parcel. • The Developer should verify hat the size of the existing sanitary sewer service is adequate. fY g �3' • The water service from the existing house shall be abandoned at the main located under Brooklyn Boulevard in accordance with City standards. The water service from the existing dental clinic shall be abandoned at the main located under 65TH Avenue. • The City shall be notified 48 -hours in advance of all testing including bacteriologic testing and Hydrostatic Testing. Point of contact is Mark Hartfiel, Supervisor of Public Utilities, at 612 -585 -7103. • The followin g water main standards shall be used: - Water main shall be Class 52 DIP - Hydrants shall be Waterous Pacer model WB -67 -250 with continuous polywrap sleeve. - Mega -Lugs are to be used on all water main connections, - All hydrant valves shall be located in bituminous or concrete pavement. • J TE.A Architects RA ENS U 1 PXul COMPANIES DE AL - BROOKPARK DENTAL CENTER � � MO 6347 BROOKLYN BOULEVARD BROOKLYN CENTER, MNNESOTA PROIECT DIRECTORY _ CODE DATA _SHEET INDEX Owna: SH DATA N DM DATA Awbkecud Haas onanstcnsrtlne vx q,,, � OW M Wag 78th Sweet - M tvt¢AatnoE aoOrAtQdAte1G710al AM 12 GtadO Deus laatiat 531st ls1dOt AM mnnesoto 4zo Phone62829349D aenM atW KWAM totAt MEk- mm Rod ran oearAacreaman eeaa tart: On= Rided WW fax 6124)93481 w M =- MUMPA AM=U t NM A401 Bolor Se itior A ATCI71[CCC aaarcoaYaAO! evwa m A+02 Exterior flertfan rchAtddtea: rierrA:eesu. 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O' WITH ARCMITOCr, n - � .aa neeL41 i t Brootpert l = Dental 9 = 4 -1 eRSras>r tsarsea sue.. titan O O O Center 1 C Building Plan n Door Frames Door Types Sad. RS' . V•P v MtW OP . P.O. S..w NM . T•O' Im Nx.M .uH.W .' sells 416418'. u..'.x' 1 t � PI edin{ M.IBxR WALL TYPE i WALL TYPE 2 WALL TYPE 9 -- O Typical Exterior Wall 0 Wall Type ® Mechanical Room Wall Type ® Vestibule Vestibule Plan � Vestibule RCP Raul.: 1.111• . wa Sa P1rH . F Q R.Nw VU2.. M1M 0 IM" R . T-w 8 w w A 1.02 • City Council Agenda Item No. 8b MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Spe - alist I •� Subject: City Council Consideration Item - Planning Commission Application No. 2000- 020 Date: August 23, 2000 On the August 28, 2000 City Council Agenda is Planning Commission Application No. 2000- 020 submitted by Dean Williamson of Frauenshuh Companies requesting a Variance from Section 35-400 of the City Ordinances to allow a 35' building setback rather than a 50' major thoroughfare setback for the Brookpark Dental Center redevelopment at 6437 Brooklyn Boulevard. Attached for your review are copies of the Planning Commission Information Sheet for • Planning Commission Application No. 2000 -020 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their August 10, 2000 meeting and was recommended for approval. It is recommended that the City ouncil following consideration of this matter, approve the tY g PP application subject to the recommendations of the Planning Commission. PP J g • Application Filed on 7 -27 -00 City Council Action Should Be Taken By 9 -25 -00 (60 Days) Planning Commission Information Sheet .Application No. 2000 -020 Applicant: Frauenshuh Companies Location: 6421 and 6437 Brooklyn Boulevard Request: Variance The applicant, Dean Williamson on behalf of Frauenshuh Companies, is seeking a variance from S ec lion 35 -400 of the city ord inances dinances which requires a 50 ft. setback for buildings located along � q n a major thoroughfare. g g � oughfaze. Application No. 2000 -019 comprehends site and building plan approval for the redevelopment of the Brookpark Dental Center which includes the building of a new dental center and the demolition, after completion of construction, of the old building. The proposed variance would allow the construction of the new dental center at a setback of 35 ft. from the Brooklyn Boulevard right of way. Thirty -five feet is the standard front yard setback for buildings along a non -major thoroughfare. One of the reasons for proposing the 35 ft. building setback is to allow the construction of a new dental center while keeping the existing dental center in operation during an approximate 7 M2 • month building process. If Brookpark Dental were not able to do this, redevelopment of the dental center on this site would not happen, forcing them to seek another site for construction of a new dental center. Another factor leading to the setback variance request is two Brooklyn Boulevard studies undertaken by the City over the past few years which have provided various recommendations as to ways to encourage improved redevelopment along Brooklyn Boulevard. One study was the Brooklyn Boulevard Redevelopment Study of 1993 and the other is the Brooklyn Boulevard Streetscape Amenities Study of 1994. Both of the studies recommended that the City allow non- residential buildings in the Brooklyn Boulevard corridor to be built closer to the street than the current required building setback. One study even favored the City establishing a specific building setback line closer than the current required setback that would be required for all buildings in order to provide enclosure and a continuous public facade. The amenity study, which was not quite as rigid, recommended locating non - residential buildings, or parts of non- residential buildings, close to the edge of the street right of way and to increase the land intensity in the Brooklyn Boulevard Corridor. Building setbacks not separated from the street by parking should be landscaped. The study also recommended the increase of land densities in the Brooklyn Boulevard corridor and encouraged higher density developments which are located closer to the street. The City h as as contem fated and will be pursuing p p g an overlay rdinance that will in a y m • 8 -10 -00 Page 1 < S number of these Brooklyn Boulevard recommendations and, it is likely, that the non - residential setbacks may be completely eliminated. In effect, what is being requested in this application is an interim variance with respect to Brooklyn Boulevard setbacks until these regulations are adopted. We have encouraged plans that provide more landscaping, green strips and less parking between buildings and the street right of way, if possible, along Brooklyn Boulevard. We have also encouraged non - residential buildings to be closer to Brooklyn Boulevard and provide more landscaping and less parking on the Boulevard. An example of this includes the Brooklyn Center Fire Station at the southeast corner of 63rd Avenue and Brooklyn Boulevard. Variances were also granted from the major thoroughfare setback requirements for the redevelopment of CUB and new retail businesses along County Road 10 and Xerxes Avenue that were part of that redevelopment. The Applebee's site in the Brookdale PUD and redevelopment was also allowed to have a building setback of 35 ft. as well. Variances can be granted by the City Council upon the determination that the standards for variance are met. Interim variances have been granted in anticipation of changing requirements. There is always concern with any variance that an undesirable precedent will be set. The only precedent set by the granting of the variance in question would be to allow non- residential buildings to have a 35 ft. setback rather than a 50 ft. setback along major thoroughfares. Precedent for allowing such a 35 ft. setback along Brooklyn Boulevard right of way is already established. The variance standards refer to physical surroundings, shape or topographical conditions creating a particular hardship as opposed to a mere inconvenience if the strict letter of the regulations were carried out. Standard B refers to variances being unique to a parcel of land and not common generally to other properties within the same zoning classification. Standard C requires that the alleged hardship be related to the requirements of the ordinance and not created by persons presently or formerly having an interest in a parcel of land. And finally, Standard D requires that a variance not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood of which the parcel of land is located. The applicant has submitted written comments as to how they believe their proposal meets the standards for variance contained in the city ordinances. They note, with respect to Standard A, that the existing Brookpark Dental Center must remain operational during the 7 %2 month building process due to the employee base and patient volume. Therefore, the location of the building was limited to the south half of the site. In order to build an adequate dental clinic, they were forced to encroach on the Brooklyn Boulevard setback from 50 ft. to 35 ft. due to the limited and irregular property boundaries. They note that all other setback requirements are met and add that without the 35 ft. setback on Brooklyn Boulevard, the location would not be conducive for redevelopment for this dental clinic. The applicant also adds that they do not believe the variance is detrimental to the neighborhood, community of Brooklyn Center and/or is 8 -10 -00 Page 2 r , • the Brooklyn Boulevard thoroughfare. They point out that the redevelopment is utilizing the site to its fullest capabilities and add that their project will be closing down the current driveway located on Brooklyn Boulevard to the existing residential property. The only access to the site will be off 65th Avenue which creates a safer traffic route. They also point out that they believe the hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the land. They also note that it is their understanding that other commercial properties located along Brooklyn Boulevard have sought and have had similar variances approved. We would concur that the precedent has been set for the granting of variances for 35 ft. building setbacks along Brooklyn Boulevard for non - residential buildings. Again, it is in keeping with recommendations made in the Brooklyn Boulevard redevelopment studies. Allowing the variance to be granted does assist in the redevelopment of this site which is a goal of the city and in keeping with past approvals. It is believed, that building setbacks of 35 ft. along Brooklyn Boulevard for commercial businesses are appropriate and will not have a detrimental affect on surrounding properties or uses. For these reasons, we believe the standards for variance are met. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent. RECOMMENDATION • It is recommended that the Planning Commission scion recommend approval of the variance request to allow a 35 ft. building setback rather than a 50 ft. major thoroughfare setback for the Brookpark Dental Center redevelopment proposal on the basis of it being consistent with the recommendations of the Brooklyn Boulevard studies which would allow non - residential buildings to be located closer to the street right of way along Brooklyn Boulevard and that the proposal meets the standards for variance particularly with respect to hardship and not being detrimental to the public welfare or injurious to other land or improvements in the neighborhood. • 8 -10 -00 Page 3 ` r, I N M A N A Uji /E. K I ILI GRIMES AM N GRIME= t. 01 RANC E NO --. F co p � -H : (IQ - O x EWIN(i AVE Eli NG Me rA N vA 2` DREW E. DREW AVE DREW o EN AVE N: 2 EARD 8EAR0 AVE. N. / -- -- ASgp27 3+ !� zENIT�+ O imp M. STANDARDS AND PROCEDURES FOR ZONING ORDINANCE VARIANCES CITY OF BROOKLYN CENTER • 6301 SHINGLE CREEK PARKWAY Anyone contemplating a request for a variance from the Zoning Ordinance should consult with the Planning staff, prior to submitting an Application to the Board of Adjustments and Appeals, for the purposes of familiarization with applicable ordinance standards and evaluation of the particular circumstances. A prospective applicant will provide documents and information, as requested by the Secretary, to the Board of Adjustments and Appeals or to the City Council. An application must be submitted fourteen (14) days prior to the regular meeting of the Board.. In instances where the strict enforcement of the literal provisions of this zoning ordinance would cause undue hardship'because of circumstances unique and distinctive to an individual property under consideration, the City Council will have the power to grant variances, in keeping with the spirit and intent of this ordinance. The provisions of this ordinance, considered in conjunction with the unique and distinctive circumstances affecting the property, must be the proximate cause of the hardship; circumstances caused by the property owner or his predecessor in title will not constitute sufficient justification to grant a variance. The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. 4 owever, the Board will not recommend and the City Council will in no case permit as a variance any use at is not permitted under this ordinance in the district where the affected person's land is located. A ariance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: (A) Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. (B) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. (C) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. (D) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The Board of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in the granting of variances so as to insure compliance with the provisions of this ordinance and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties. S pies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Community Development Department, at (612) 569 -3330. Standards and Procedures for Zoning Ordinance Variances Revised 2 -95 AUG. 4.2000 9:13AM FRAUENSHUH_COMPANIES N0.0622 P. 2 FMUENSHUH COMPANIES Commercial Real Estate July 27, 2000 Ron Warren Planning & Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: Building Variance Dear Ron: We appreciate all your time and effort in assisting with the Brookpark Dental Clinic redevelopment. As you are aware, Frauenshuh Companies ("Applicant') has submitted its Site and Building Plan Application for the City of Brooklyn Center Planning Commission and City Council approval. In conjunction with the application, Applicant is seeking a Building Variance for its Brooklyn Boulevard set back. The existing tan Brookpark Clinic, w g kp c, hick has been in operation years, for over 30 will p eventually be demolished and replaced with a new 10 p ,021 square foot slab on grade, de dental clinic. The redevelopment of the parcel will be as follows, subject to final approval from City Staff, planning Commission and City Council: (1) Start the demolition of the residential house located at 6421 Brooklyn Boulevard in August of 2000; (2) Start construction of the new 10,021 square foot facility just to the south of the existing Brookpark Dental Clinic in September of 2000 (Note: the existing Brookpark Clinic will remain operation throughout the entire process); (3) Exterior shell of the new building will be complete by December of 2000; (4) Interior build out will be complete by April 1, 2001. (5) Upon completion of the new building, Park Dental will move its operation into the new facility during the farst week of April 2001. (6) Finally, the old Brookpark facility will be demolished and replaced with a parking lot and landscaping in April of 2001. • AUG. 4.2000 9:14AM FRAUENSHUH COMPANIES NO-0622 P. 3 • Mr. Ron Warren July 27, 2000 Page Two Because of this process, we are seeking a Building Variance for our Brooklyn Boulevard set back from 50' to 35 I strongly feel we project qualifies for a variance based on the following four (4) criteria: (1) The existing Brookpark Practice must remain operational, during the seven and a half (7 -1/2) month building process due to the employee base and patient volume. Therefore, the location of the building was limited to the southern half of the site. In order to build in adequate dental clinic, we were forced to encroach on the Brooklyn Boulevard set back from 50' to 35' due to the limited and irregular property boundaries. All other set back requirements were met. Without the 35' setback on Brooklyn Boulevard, the location would not be conducive for redevelopment. (2) We feel the variance is not detrimental to the neighborhood, community of Brooklyn Center and/or the Brooklyn Boulevard thoroughfare. The redevelopment is utilizing the site to its fullest capabilities. It is also worth noting, our project will be closing down the current driveway located on Brooklyn Boulevard to the existing residential • property. The only access to the new clinic will be off 65` Avenue North, which creates a safer traffic route. (3) The hardship related to the requirements of this ordinance has not been created by any Persons presently or formerly having an interest in the parcel of land. (4) The request for a variance is needed for this unique parcel of land. It is our understanding that there has been other commercial properties located on Brooklyn Boulevard that has sought and been approved for this similar situation. On behalf of Park Dental and Frauenshuh Companies, we again appreciate your time and help. The variance of request ' ' is a necessity s ty for this arcel to be redeveloped. Should ues P p d any . questions arise, please feel free to call me at (952) 829 -3472. Sincerely, e hub Comp Hies Dean Williamson I P: I data) w l IDMW1 Brookparklvariance- letter. doe • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 10, 2000 CALL TO ORDER The Planning Commission meeting was called to order by Chairman ProTem Boeck at 7:31 p.m. ROLL CALL Chair ProTem Graydon Boeck, Commissioners John Whitehead, Dianne Reem, and Stephen Erdmann. Chair Wilson and Commissioners Rex Newman and Sean Rahn were absent and excused. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Sara Beck. APPROVAL OF MINUTES — JULY 27.2000 There was a motion by Commissioner Whitehead, seconded by Commissioner Reem, to approve the minutes of the July 27, 2000 meeting as submitted. The motion passed unanimously. . CHAIR'S EXPLANATION Chair Pro Tern Boeck explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATI — NO. 2000-019 AND APPLICATION 2000 -020 — FRAUENSHUH COMPANIES Chair ProTem Boeck introduced Application No. 2000 -019, a request to seek site and building plan approval for the redevelopment of the Brookpark Dental Center at 6437 Brooklyn Boulevard. Also introduced was Application No. 2000 -020, a request to seek a variance from Section 35 -400 of the City Ordinances to allow a 35' building setback rather than a 50' major thoroughfare setback for the Brookpark Dental Center redevelopment at 6437 Brooklyn Boulevard. Mr. Warren presented the staff reports using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 7/27/00 for Application No. 2000 -019 and Application No. 2000 -020 attached.) He explained that the property under consideration is a 50,111 sq. ft. parcel of land which is being created through the combining of 6421 and 6437 Brooklyn Boulevard. He mentioned that one of the reasons for 08 -10 -00 is Page 1 • proposing the 35 ft. building setback is to allow the construction of a new dental center while keeping the existing dental center in operation during an approximate 7 % month building process. Chair ProTem Boeck questioned the location of the parking spaces. Mr. Warren pointed out the location in relation to the building. Chair ProTem Boeck questioned how vehicles would access the site. Mr. Warren pointed out the driveway and access point in relation to the building. Commissioner Reem questioned what is located behind the property. Mr. Warren stated that an apartment complex is located behind the property. Commissioner Reem questioned if the property would be screened. Mr. Warren stated that the area would indeed be screened. Chair ProTem Boeck questioned the location of the retaining wall. Mr. Warren pointed out the location of the retaining wall. He explained that the screening wall in addition to the retaining wall would be made of wood. Commissioner Erdmann questioned the reasoning behind the developer reusing the existing • sanitary sewer system that currently serves the former vacuum cleaning house. He mentioned that the developer should provide assurance that the size is adequate. He questioned if the City Engineer would be involved in any decision making process in the future as to the size and design of the sanitary sewer. Mr. Warren explained that the City Engineer would review the information and make a decision from that point as to the proper procedures. Commissioner Erdmann questioned whether or not the -existing sanitary sewer system is approximately 50 years old. He mentioned that since the system is rather old it might be wiser to install a more modern sanitary sewer system that would be better suited for today. Mr. Warren stated that h to h e didn't flunk Brookpark Dental would care either way as long as they wouldn't have to worry about anything happening in the future. Chair ProTem Boeck questioned if Commissioner Erdmann would like to add a condition to state specific guidelines. Chair ProTem Boeck questioned the building dimensions on the north, south, east, and west. • 08 -10 -00 Page 2 • Bob Dillon, project architect, explained that the elevation on the north and south is 119 feet, the east is 82 feet and the west is 93 feet. Chair ProTem Boeck questioned why the building could not be turned 90 degrees, which would allow for a 50 ft. setback. Bob Dillon mentioned that to flip the building would result in the building being located on top of the existing building. Chair ProTem Boeck questioned the setback distance on the south property line. Mr. Dillon stated that it would be 10 feet. Commissioner Whitehead questioned if there would be enough room on the other end if the building were relocated. Mr. Dillon stated that he looked at that as an option, however the existing parking would have to be eliminated during construction. Commissioner Whitehead questioned if additional lighting would be added to the plan. Mr. Dillon explained that additional lighting would be installed. Commissioner Whitehead questioned how the lighting would affect the residents in the apartment complex located behind the property. He questioned if there is a city ordinance to direct light away from other properties. Mr. Warren explained that the lighting must be directed down without any glare and is to be shielded in order to meet the City ordinance. He mentioned that the parking lot light would be similar to what exists currently. Chair ProTem Boeck stated that he doesn't feel the application can be denied. He mentioned the City has set a precedent by allowing 35 ft. setbacks in the past, and therefore this request couldn't be denied. Mr. Warren agreed that the City has set a precedent. PUBLIC HEARING — APPLICATION 2000 -019 AND APPLICATION 2000 -020 There was a motion by Commissioner Reem, seconded by Commissioner Whitehead, to open the public hearing on Application No. 2000 -019 and Application No. 2000 -020, at 8:28 p.m. The motion passed unanimously. Chair ProTem Boeck called for comments from the public. Dean Williamson, representing Frauenshuh Companies, introduced himself and offered to answer any questions. He explained that the company has developed a majority of the Park Dental sites around the Twin Cities area. • 08 -10 -00 Page 3 • Commissioner Erdmann questioned Mr. Williamson on the reason behind reusing the sanitary sewer system instead of replacing the unit. He mentioned that with all the utility construction that would be taking place on the site, that it might be worth it to replace the system now instead of taking a chance and possibly having to replace it in a few years. Mr. Williamson stated that they are looking at replacing the sanitary system instead of using what already exists. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -019 and Application No. 2000 -020. CLOSE PUBLIC HEARING There was a motion by Commissioner Erdmann, seconded by Commissioner Whitehead, to close the public hearing on Application 2000 -019 and Application 2000 -020, at 8:33 p.m. The motion passed unanimously. Chair ProTem Boeck called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO APPROVE O APPLICATION NOr 2000 -019 — FRAiJENSHUH COMPANIES There was a motion by Commissioner Erdmann, seconded by Commissioner Reem, to recommend to the Council that it approve Application No. 2000 -019, submitted by Frauenshuh Companies for Site and Building Plan Approval located at 6437 Brooklyn Boulevard, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of building permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitorin g device in accordance with Chapter 5 of the city ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to g Y P facilities site maintenance. 08 -10 -00 • Page 4 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of the front entrance area for handicap accessibility and where the trash pick up area is proposed. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 13. The final plat combining this site into a single lot shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 14. Approval of this application is contingent upon the granting of a variance from the 50 ft. major thoroughfare setback comprehended by Planning Commission Application No. 2000 -020. 15. The applicant shall provide the City Engineer with detailed assurances as to the adequacy of the size, design and material prior to the reuse of the existing sanitary sewer. Voting in favor: Chair ProTem Boeck, Commissioners Erdmann, Reem, and Whitehead. ACTION TO APPR OF APPLICATION NO. 2006-020 — FRAUE COMPANIES There was a motion by Commissioner Reem, seconded by Commissioner Erdmann, to recommend to the Council that it approve Application No. 2000 -020, submitted by Frauenshuh Companies for a Variance from Section 35 -400 of the City Ordinances to allow a 35' building setback for the Brookpark Dental Center redevelopment at 6437 Brooklyn Boulevard on the basis of it being consistent with the recommendations of the Brooklyn Boulevard studies which would allow non - residential buildings to be located closer to the street right of way along Brooklyn Boulevard and that the proposal meets the standards for variance particularly with respect to hardship and not being detrimental to the public welfare or injurious to other land or improvements in the neighborhood. Voting in favor: Chair ProTem Boeck, Commissioners Erdmann, Reem, and Whitehead. The Council will consider these recommendation at its August 28, 2000 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will . require that the applications be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren reminded the Planning Commission that the next meeting will be held on August 31, 2000. There was no other business. ADJOURNMENT There was a motion by Commissioner Whitehead, seconded by Commissioner Reem, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:46 p.m. Chair Recorded and transcribed by: Sara Beck Timesaver Off Site Secretarial, Inc. • • City Council Agenda Item No. 9a PROCLAMATION - DECLARING SEPTEMBER 2000 AS PROSTATE CANCER AWARENESS MONTH • WHEREAS, in the year 2000, the month of September is declared National Prostate Cancer Awareness Month; and WHEREAS, in the year 2000, approximately 180,000 men in the United States will learn that they have prostate cancer, and across the nation prostate cancer is the most commonly diagnosed nonskin cancer in men; and WHEREAS, approximately 32,000 men will lose their lives to this disease this year, and one in six men in the nation are at risk of developing prostate cancer during their lifetimes; and WHEREAS, in the year 2000, in Minnesota, 3,300 men will be diagnosed with prostate cancer, and 600 will die from it; and WHEREAS, about 25 percent of prostate cancer occurs in men under the age of 65, during their prime years at work; and WHEREAS, at any age, prostate cancer devastates families, through loss of income, partnership and support; and WHEREAS, prostate cancer leaves too many parents, women, children, and other family members without a man they love; and WHEREAS, African American families are disproportionately affected, and African American men have the highest prostate cancer incidence and mortality rates in the world; and WHEREAS, prostate cancer has accounted, on average, for 15 percent of the nation's cancer burden and 15 percent of male cancer deaths, it has received,.on average only about 5 percent of the funds this nation commits annually to cancer research; and WHEREAS, research suggests that men could reduce their risk of prostate cancer mortality if they followed recommended prostate cancer screening guidelines including examination by a health care provider; and WHEREAS, increased awareness and use of early detection practices by men is essential to controlling prostate cancer. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim September 2000 as Prostate Cancer Awareness Month in the City of Brooklyn Center and urge all men in the City of Brooklyn Center to become aware of their own risks of prostate cancer, talk to their health care providers about prostate cancer, and whenever appropriate get screened for the disease. I further encourage all residents to become involved in the war on prostate cancer through the City's education and advocacy initiatives. Date Mayor Attest: City Clerk City Council Agenda Item No. 9b Office of the City Manager City o f Brooklyn Center A great place to start. A great place to stay. • Michael I McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Lasm , elson, and Peppe FROM: Michael J. McCauley, City Manager DATE: August 24, 2000 SUBJECT: Set Special Session for Monday, November 20, 2000, 6 p.m., Council Chambers, for Sale of Special Assessment Bonds I would request that the City Council set a Special Session for Monday, November 20, 2000, 6 p.m., in the Council Chambers for sale of special assessment bonds. The City Council Work Session will immediately follow the Special Session and be held in Conference Room B. i 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 9c • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of . 2000, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Ordinance No 98 -03 Regarding Council Salaries for 2001 -2002. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 98 -03 REGARDING COUNCIL SALARIES FOR 2001 -2002 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 98 -03, which amended the amount of the annual salaries to be paid to the Mayor and Council Members to become effective January 1, 1999, is hereby amended. Section 2. Effective January 1, 2001, the annual salary for Mayor shall be $9,583 and the annual salary for Council Members shall be $7,337. Section 3. Effective January 1, 2002, the annual salary for Mayor shall be $9,870 and the annual salary for Council Members shall be $7,557. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of .2000. Mayor ATTEST: City Clerk Date of Publication Effective Date MINUTES OF THE PROCEEDINGS OF THE FINANCIAL COMMISSION • OF THE CITY OF BROOKLYN CENTER JUNE 19, 2000 COUNCIL CHAMBERS CALL TO ORDER. Chair Donn Escher called the meeting to order at 8:30 P.M. in the Council Chambers. ROLL CALL Present at roll call were Chair Donn Escher, Commissioners: Jay Hruska, Jerry Blamey, Gavin Wilkinson, Tim Elftmann„ and Mark Nemec. Also, present were Council Liaison Debra Hilstrom, Council Member Kay Lasman, City Manager Michael McCauley, and Finance Director Charlie Hansen. Commissioner Larry Peterson was absent and unexcused. Agenda. A motion was made by Commissioner Gavin Wilkinson to approve the agenda. Commissioner Mark Nemec seconded the motion and all members voted in its favor. Approval of Minutes.. A motion was made by Commissioner Jay Hruska to approve the minutes of the May 4, • 2000 meeting. Commissioner Tim Elftmann seconded the motion and all members voted in its favor. Mayor and Counci Member Total Compensatio 2001 & 2002 Studv. A motion was made by Commissioner Gavin Wilkinson to lift this item from the table. Commissioner Jerry Blamey seconded the motion and all members voted in its favor. Donn Escher reviewed the discussion from the May 4, 2000 meeting when the subcommittee of Larry Peterson and Tim Elftmann recommended that the Mayor and Council Member compensation be increased 3 % in 2001 and 3 % in 2002 and there was discussion of reimbursement of other expenses incurred in the conduct of city business. Extensive discussion followed -regarding the types of expenses incurred by the City Council, the proper amount of reimbursement for these expenses, and how to incorporate it into the City Council total compensation. A motion was made by Commissioner Gavin Wilkinson to recommend to the City Council, that Mayor and Council compensation for the year 2001 should increase by 3 % over the 2000 level, plus an additional $50 per month to reflect additional costs related to • communications technologies and the time demands of using the technologies. Mayor and Council total compensation for the year 2002 should increase by 3 % over foe total 2001 level. Presentation in future compensation studies should show that salaries were increased . in 2001 by $50 per month to reflect additional costs related to communications technologies and the time demands of using the technologies. Commissioner Jerry Blamey seconded the motion and all members voted in its favor. This recommendation will be reported to the City Council on July 10, 2000. Discussion o an amended-schedule f r rNne,9ts for proposals. A motion was made by Commissioner Mark Nemec to lift this item from the table. Commissioner Gavin Wilkinson seconded the motion and all members voted in its favor. Charlie Hansen explained that the current schedule for requests for proposals (RFP) for Finance Department professional services calls for an RFP for insurance agent and risk management consultant to be completed in the year 2000. The ideal time to do this RFP would be in the fall so that the existing agent would service the insurance policies for close to the full year before we potentially select a new agent. The Finance Department will experience a heavy additional workload this fall due the impending conversion to new financial and payroll software. Doing an RFP at the same time is not advisable and possibly not workable. Michael McCauley explained the advantage of an alternative schedule which moved the insurance agent/risk management RFP back to 2003 while preserving the auditor RFP in 2001 and banking RFP in 2002. • Amotion was made by Commissioner Gavin Wilkinson to recommend the alternative schedule to the City Council. Commissioner Jay Hruska seconded the motion and all members voted in its favor. This recommendation will be reported to the City Council on July 10, 2000. City Manager Updates. Michael McCauley provided updates on the neighborhood street improvements, Metro Transit hub, League of Minnesota Cities achievement award for education, Joslyn site developments, and the 69th & Brooklyn Boulevard redevelopment site acquisition, Brooklyn Boulevard road improvements, Motel 6 construction, and the proposed orphanage. Next Meeting. The next meeting of the Financial Commission will be a joint meeting with the City Council on Monday, August 21, 2000 at 6:00 P.M. for the purpose of reviewing the proposed General Fund 2001 budget. ADJOURNMENT. • Commissioner Gavin Wilkinson moved to adjourn the meeting at 9:32 P.M. Commissioner Jerry Blamey seconded the motion and all members voted in its favor. City Council Agenda Item No. 9d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING POLICY ON COUNCIL USE OF ELECTRONIC MAIL AND VOICE MAIL WHEREAS, on March 13, 2000, the City Council adopted Resolution No. 2000 -54 which created a policy on Council use of electronic mail and voice mail; and WHEREAS, such policy provided for Internet access reimbursement; and WHEREAS, the Financial Commission has recommended an increase in City Council compensation to reflect the added costs to Council Members of Internet access in communicating with constituents and City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Council Handbook be and hereby is amended to incorporate the amended policy set forth in Exhibit "A" attached to this resolution on Council use of electronic mail and voice mail. • Date Mayor ATTEST: City 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. • EXHIBIT A Policy on Council Use of Electronic Mail and Voice Mail • I. Support and Training A. City staff will provide user training to the City Council for electronic mail (e -mail) and voice mail. B. City staff will provide user support during normal business hours, only for equipment, software and communication facilities belonging to the City. Il. City Systems Use A. Computer equipment, computer programs and communication facilities connected to the City network are to be used for purposes of the City. They may not be used for any commercial or political purposes. B. Users may not use City facilitic.- to communicate to others material that is obscene, indecent, or patently offensive in the workplace. III. Electronic Mail A. The City vr. n-cm7bur3 far En Intv'rnet sere ie; pro-v�d City will atlyanee t he reimbursement to Gouneil Members at the c Huron 5,cr. T3 of pay ment-will be in the form of a billing statement or reeeipt. !n the ease fl-i—at, payments that do not tal thc- x- :inhtrsed am , the dif€e :,e -Mll be subft-ae� from the Gotmeil Member's last eheek of the year-. EA. Each Council Member will be responsible for selecting his/her own Internet service provider and for maintaining his/her own subscription to the service. EB. The City will not purchase for Council Members any additional equipment or services, such as personal computers or phone lines, that are required for e-mail access. BC. The MIS/Technology Coordinator will assign each Council Member an official City e -mail address (i.e. councilmemberlastname @ci.brooklyn- center.mn.us) in Novel GroupWise. Novel GroupWise will be accessed by Council Members through the Internet. ED. The official City e -mail address will be used only by the Council Member to whom it is assigned. (Underline indicates new matter; strikeout indicates matter to be deleted.) EXHIBIT A 9E. The primary purpose of the official e-mail address will be to communicate with • Council Members, constituents and City staff. ErF. It is the nature of most e-mail systems that the security of messages cannot be guaranteed; fore users should not use e-mail to transmit messages containing g g data that must be kept secure. IIG. Users should exercise good judgement in both the type of message created and in the tone and content of messages. E -mail messages must be able to withstand public scrutiny without embarrassment to the City if messages are forwarded beyond the intended recipients, accessed or inadvertently disclosed, subpoenaed in a legal action, or otherwise made public. Users should use generally accepted standards of business conversation in their e-mail messages. IH. Users should be aware that communications using e-mail fall under the guidelines of the Data Practices Act. 41. Electronic mail is intended as a medium for fast communication, not a medium for storage of valuable files. Users should save and file important e-mail messages in other applications. IV. Voice Mail • A. The MIS /Technology Coordinator will assign each Council Member an official City voice mail box. B. Each Council Member will complete a Voice Mail Greeting Information Form that will indicate individual greeting preferences. C. City staff will be responsible for recording each Council Member's voice mail greeting using the guidelines set forth in the attached Voice Mail Standard Greeting Information Form and the Voice Mail Alternate Greeting Information Form. Council Members may request that staff record an alternate greeting when the Council Member will not �I be checking voice mail for an extended period. D. Each Council Member will be responsible for checking his/her voice mail with the frequency s/he indicates on the Voice Mail Standard Greeting Information Form unless s/he has requested that his/her voice mail be programmed with an alternate greeting and has submitted to the City Clerk the attached Voice Mail Alternate Greeting Information Form. E. Long distance telephone charges that accrue when a Council Member checks his/her official City voice mail will be reimbursed by the City. The Council Member must submit documentation of the charges in the form of a billing statement or receipt. • (Underline indicates new matter; strikeout indicates matter to be deleted.) ' City Council Agenda Item No. 9e City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: August 24, 2000 Re: Architectural Services for Civic Center Project In response to a request for proposals, we received two responses. We sent requests to a number of firms. In speaking to one of the firms that did not submit a proposal, they did not have available staff at this time. We reviewed the proposals and also had them reviewed by one of the architectural firms that did not submit a proposal. Both firms, LHB Engineers & Architects and Blumentals Architecture Inc., have experience in municipal projects. Blumentals Architecture Inc. will use Hallberg Engineering for the engineering portion of the project. Hallberg has extensive experience in pool construction. The fees proposed by each firm were: Blumentals LHB Pre - Design Included in fee Hourly billing Design 8% of construction 10 - 14 %of construction Expenses no travel cost travel costs Consultants at cost cost plus In our interview of the firms, Blumentals had a better understanding of our needs. Certain aspects of the project will require specialized consultants not included in the architect's cost. Those costs will include underground tank removal, soil, asbestos, communications, and construction testing. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING CONTRACT FOR ARCHITECTURAL SERVICES FOR BLUMENTALS ARCHITECTURE INC. FOR CIVIC CENTER PROJECT WHEREAS, the Civic Center Complex consisting of the Community Center and City Hall have numerous building issues including the need to make both facilities handicapped accessible, to bring the Community Center wading pool into compliance with current State regulations, to repair and protect the southerly end of the Community enter from continued g p p Y tY deterioration of the brick wall, replacement of the City Hall roof, replacement of the heating /ventilating and air conditioning system for City Hall, better utilization of space in both facilities and the potential use of space vacated when Police operations were moved to the new Police Station; and WHEREAS, the City requested proposals for architectural services; and WHEREAS, those proposals for architectural services were reviewed; and WHEREAS, of the two proposals that the City received for architectural services, the proposal from Blumentals Architecture Inc. most clearly meets the City's needs in this project; and WHEREAS, the proposed fee schedule from Blumentals Architecture is substantially lower than the fees proposed in the proposal from the other architectural firm submitting a proposal; and WHEREAS, entering into a contract for architectural services with Blumentals Architecture Inc. upon terms and conditions that will incorporate the scope and services for Brooklyn Center Civic Center remodeling as outlined in the proposal from Blumentals Architecture Inc. attached hereto and incorporated herein by reference as Exhibit "A" would be reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager be and hereby are authorized to enter into a contract incorporating the scope and services as outlined in Exhibit "A" in such standard form contract as will effectuate those terms in form as deemed acceptable by the City Attorney. Date Mayor ATTEST: City 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. Blumentals/ EXHIBIT " Amh0R@@Wff@ On@ • 6235 Earle Brown Drive, D -Barn • Brooklyn Center, Minnesota 55430 -2105 PHONE 763.561.5757 • FAX 763.561.2914 • info @blumentals.com Scope and Services for Brooklyn Center Civic Center Remodeling A. Basic Services The project scope involves. the following elements included in our scope of services: 1. Included Pre - Design Services: • Programming for mapping goals and objectives for the issues that need to be solved for this project. Programming is a list of spaces and their sizes that need to be included in the project. Also incorporated into this list is a set of relationships that each space or activity needs to relate to, which is accompanied_ by a "bubble diagram ". • A Project Master Schedule is prepared early in the process to act as a road map for the process. 2. Included Architectural Design, Interior Design and Engineering Design Services: • Space planning then takes the interior program and designs how those identified spaces fit together into an actual floor plan. This yields design schemes that can then be evaluated by the Client. • Architectural design and interior design is the effort of taking the program and interior space planning work and melding them into a comprehensive design solution incorporating the goals and objectives already outlined. • Phased project construction means that the planning for the effort will need to strategize the ways that demolition, reconstruction and remodeling will occur at the City Hall and the Community Center. There will be a separate early bid and demolition of City Hall first - floor. Other separate early bid packages (including other selective demolition) will be considered. • Project design meetings and coordination with the Client on design issues through the design phase • Cost estimating will begin during these early design phases • Schematic Design Package and Client's approval • Design Development Package and Client's approval • Contract Document Package - Finalize design and bidding strategies - Project working drawings J 9 s 9 Project manual including specifications, bidding procedures, general conditions of the contract summary of -the work, special conditions, alternates, submittal procedures, temporary facilities, cleaning and contract closeout - Issue project for bidding • Project Bidding Phase - Coordinate questions and requests for additional information - Issue addenda for clarification of information and /or approvals of add itional accepted manufacturers • Construction Administration Phase - Shop drawing review and approval - Processing of Requests For Information and Architect's Supplemental Instructions • Post - Construction Phase 11 -month warranty inspection 28 August 2000 1 Blumentals /Architecture, Inc. EXHIBIT " A " Scope and Services for Brooklyn Center Civic Center Remodeling 2. Included Architectural n Desi Interior Design Engineering Design Services: continued 9, 9 9 9 9 ( continued ) Your project includes the following previously identified list of objectives: a. Accessibility ( Blumentals /Architecture with Hallberg Engineering, and Structural Engineer as required ) ■ Entrances - two additions to the ground floor serving the City Hall and Community Center ■ Design new plaza at upper City Hall entrance for restoration after fuel tank removal ■ Stairs - better integration of stairs into the interior and exterior circulation - correct steepness ■ Restrooms - provide addition accessible toilet room facilities - upgrade existing toilet room locations where required ■ Elevator - add elevator to Community Center for improved flow through control point, etc. b. HVAC System Improvements ( Hallberg Engineering) ■ Keep HVAC systems simple - complex control systems are not desirable ■ Investigate additional roof top air - handling units and variable air volume boxes for a separate zone for Council Chambers and Lobby ■ Solve air distribution problems especially on west side of City Hall ■ Design effective distribution system for remodeled first floor ■ Investigate ventilation rates in the pool area as part of moisture control solution ■ Rework toilet room fixtures for accessibility as required ■ Resolve conflict between the boiler stacks and outdoor air intakes for air handling system ■ Mechanical system condition is based on recent assessment report - confirmation of those • findings will be one of the initial steps c. Lighting and Electrical ( Hallberg Engineering) ■ Study lighting to establish building system and lamping standards - incandescent replacement ■ Re -lamp Ti 2 fluorescent tubes with energy- efficient T &tubes ■ Replace yellowed prismatic lenses for improved foot - candle output ■ Replace existing magnetic ballasts with electronic ballasts on fluorescent fixtures • Upgrade exit signs to energy- efficient LCD fixtures ■ Investigate the installation of occupancy sensors in appropriate locations ■ Upgrade lighting and technology systems in Council Chambers ■ Implement fire alarm system upgrades including addition of strobes to horn system ■ Main service capacity evaluation considering increased loads ■ Investigate need for emergency lighting and /or emergency generator upgrades d. Council Chamber Improvements ( Blumentals /Architecture with Hallberg Engineering) • Integration of lighting and technological improvements into a seamless upgraded facility • Replace the existing PAR style lighting which in not energy- efficient as a portion of lighting re- design which allows for improved use of video taping and communication of proceedings • Replace lighting level controls at a centralized location with pre - programmed settings • Incorporate the upgrading of technology systems for presentation and display options for the council members and for the audience including overhead monitors for the audience, inset monitors for council members, flat bed zoom table for displaying presentation materials, closed circuit television for providing visual images of council members, the public and presenters during proceedings • e. Roof replacement ( Blumentals /Architecture ) ■ Reroofing and additional insulation on the City Hall portion of the building 28 August 2000 2 Blumentals /Architecture, Inc. EXHIBIT "A" Scope and Services for Brooklyn Center Civic Center Remodeling 2. Included Architectural Design, Interior Design and Engineering Design Services: (continued) f. Swimming Pool Revisions ( Blumentals /Architecture with Hallberg Engineering, and Structural Engineer as required) ■ Complete reconstruction of the wading pool to meet current codes ■ Locker room rehabilitation and remodeling to enhance accessibility and control issues ■ . Investigation of the addition of pool railings g. Underground tank removal ( Blumentals /Architecture with Hallberg Engineering, Structural Engineer and Outside Consultant as required ) ■ Identification of new tank location and installation of new tanks and leak detection system ■ Replacement of City Hall upper entrance plaza and site restoration ■ Coordination with Outside Consultant h. City Hall Remodeling ( Blumentals /Architecture with Hallberg Engineering, and Structural Engineer as required) ■ Interior demolition of existing first floor police station area as a first phase of remodeling ■ Salvage of appropriate equipment for re -use in remodeling effort prior to demolition ■ Space planning first floor circulation and flow to second floor • Reconfiguration of second floor to accommodate relocated departments • Determination of the ways to connect the first and second floors more visually to ease the separation of the two floors ■ Planning for the location of an additional elevator alternate as an element of improved circulation and accessibility • Interior redesign of first and second floors to complete remodeling including: - interior open office furniture selection - selection of conference furnishings and remaining furniture systems - design of public entry spaces to make the public feel welcome - redesign of lobby at Council Chambers finish selection along circulation paths to make paths clear and direct - incorporation of salvaged equipment from existing space - coordination of overall project appearance 1. Community Center Remodeling ( Blumentals /Architecture with Hallberg Engineering, and Structural Engineer as required ) ■ Addition of a new ground floor entrance consolidating control and traffic flow ■ Remodeling to include new reception and office space and remodeled locker facilities ■ Salvage of appropriate equipment for re-use in remodeling effort prior to selective demolition ■ Space planning first floor circulation and flow to second floor ■ Reconfiguration of second floor to accommodate relocated departments ■ Determination of the ways to connect the first and second floors more visually to ease the separation of the two floors ■ Planning for the location of an elevator as an element of improved circulation and accessibility ■ Interior redesign of first and second floors to complete remodeling including: - design of public entry spaces to make the public . feel welcome - redesign of lobby for improved control and circulation clarity finish selection along circulation paths to make paths clear and direct - incorporation of salvaged equipment from existing space - coordination of overall project appearance 28 August 2000 3 Blumentals /Architecture, Inc. EXHIBIT " A " Scope and Services for Brooklyn Center Civic Center Remodeling 2. Included Architectural Design, Interior Design and Engineering Design Services: (continued) I. Evaluation and repair of brick deterioration ( Blumentais /Architecture with Hallberg Engineering, and Structural Engineer as required) ■ Study of moisture vapor solutions for pool wall(s) and penthouse walls ■ Determination of strategy for brick replacement with brick or other materials ■ Removal of existing damaged brick on south pool wall and on penthouses B. Additional (Not Included) Engineering Design and Testing Services: 1. Underground tank removal ( Outside Consultant) • Excavation and removal of existing underground tank(s) • Investigation of surrounding fill for possible contamination • Backfill and restoration of excavated area 2. Pre - Construction Testing ( Outside Consultant) • Additional testing required for resolution of the moisture problem in the pool area and the penthouses (if necessary) • Soil borings • Asbestos and Lead Paint testing and abatement prior to selective demolition 3. Construction Testing ( Outside Consultant) ■ Concrete strength testing for footing, etc. • ■ Special inspections for steel reinforcing, etc. (if necessary) 4. Low Voltage Systems ■ Communications systems (telephone) ■ Data systems (computer networking) • Security systems C. Compensation and Schedule 1. Compensation Design Fee: 8% (of construction contract plus preparation cost of bidding alternates, etc. ) 2. Schedule Considerable time will need to be allowed for studies and value engineering — this has been allowed for under Design Development. Aug 2000 Sept Oct Nov Dec Jan Feb Mar 200 2000 2000 2000 2001 2001 2001 Schematic ` Design Design Development Contract Documents 28 August 2000 4 Blumentais /Architecture, Inc. City Council Agenda Item No. 9f August 24, 2000 • MEMO TO: Michael J. McCauley, City Manager FROM`-- w e Chambers, Assistant City Manager/HR Director SUBJECT: Plan for Year 2000 City Recognition of Random Acts of Kindness Cities Week will take place Sunday October 8 though Saturday, October 14. Since 1997, the City of Brooklyn Center has conducted a Random Acts of Kindness celebration in connection with Cities Week, and it is proposed that we continue this for the year 2000. As in the past, a letter has been prepared on behalf of the City Council requesting participation in random acts of kindness celebration. The letter has been mailed to the three school districts, community groups, The letter will request nominations in the form of letters or cards describing the kindness, and naming the Brooklyn Center resident and/or group who performed it. All letters received will be copied for record, and the originals placed on display. The display will be at City Hall, in a kiosk format. The display will be during Cities Week. As a conclusion to the celebration, the Council will acknowledge receipt of all nominations at its meeting October 23, 2000, and will issue a commendation to each participant. An article will be prepared for the September City Watch inviting nominations in addition to the mailing of the letters, and Cable 12 will also be notified of the celebration. i August 30, 2000 Community Group Brooklyn Center, MN Dear Group: During the celebration of Cities Week this fall, to be held October 8 through 14, the City Council of the City of Brooklyn Center would like to recognize all Brooklyn Center residents and groups who have performed random acts of kindness that help to make our community a wonderful place to live and work. We hope that you will join us in making this a significant celebration for our community. We are asking that your group nominate any Brooklyn Center resident and/or group that has performed such a kindness in the past year or so. You may feel free to send us your nomination • in written form, either card or letter, by no later than October 9. Your nomination will be displayed, so feel free to make your nomination letter colorful and attractive, in whatever format you would choose, card or letter. It need not be larger than 81/2 by 11. We will have all nominations displayed at City Hall. Acts of kindness nominees are to be recognized by the City Council formally, during its meeting of October 23, 2000. All those nominated will receive recognition by the Council in the form of a commendation. By separate card, please be sure that we receive the name and address of your nominee, so that we can be certain that the Council's commendation will be received by your nominee. Please plan to have your nominee attend the Council recognition on October 23, at City Hall, 7 p.m, if possible. We look forward to hearing from you. Join us in this community celebration. Sincerely, City Council members •