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HomeMy WebLinkAbout1985 04-22 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER APRIL 22, 1985 7:00 P.M. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk 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 Council member so requests, in which even] the item will be removed from the consent, agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes April 8, 1985 7. Resolutions: *a. Accepting Quotations and Authorizing Contract for a Structural Analysis of Earle Brown Farm *b. Accepting Bids for Bituminous Mixtures -This resolution provides for purchasing the yearly supply of bituminous paving materials for the street maintenance program. c. Authorizing the Mayor and City Manager to Enter into an Agreement with Barr Engineering Company for Consulting Services Related to the Amendment of the Flood Management Boundaries Along Shingle Creek in Lions Park - This agreement provides for consulting services for the purpose of reviewing and amending the established Flood Management boundaries in Lions Park to facilitate the construction of the proposed par 3 golf course. d. Authorizing the Mayor and City Manager to Enter into an Agreement With Orr- Schelen- Mayeron for Consulting Services Related to the Improvement of Lift Station No. 2 -This agreement provides for consulting services to develop plans and cost estimates for the purpose of odor abatememt at Lift Station No. 2 (located at Lyndale Avenue and 55th Avenue), * e. Approving Supplemental Agreement No. 1 to Relocation Agreement No. 59945 with MN/DOT and Authorizing Execution Thereof -This agreement provides for reimbursement of extra costs incurred by the City during the reconstruction of the T.H. 100- France Avenue intersection by MN /DOT. f. Approving Specifications and Authorizing Advertisement for Bids for a Van for the Mobile Command Center and Authorizing Agreement for • Professional Services CITY COUNCIL AGENDA -2- April 22, 1985 *g. Expressing Recognition of and Appreciation for the Dedicated Public Service of Dr. Duane Orn *h. Authorizing the Mayor and City Manager to Enter into an Agreement with Funk Animal Hospital for Care of Impounded Animals i. Amending the 1985 General Fund Budget -This item would authorize the transfer of a portion of the of the former Park and Recreation Director to various park and recreation programs. 8. Public Hearing (7:30 p.m.) -A public hearing is scheduled for 7 :30 p.m. on an application for a private kennel license from Mary Ann Boyer, 5817 Pearson Drive. 9. Ordinances: a a. An Ordinance Amending Chapter 17 of the City Ordinances Regarding Use of Sick Leave (Public Hearing 8:00 p.m.) -This ordinance was first read on March 25, 1985, published in the City's official newspaper on April 4, 1985, and is recommended for a second reading this evening. The ordinance would allow employees to use four of their annual sick leave days for the care of their children or spouse due to illness. 10. Planning Commission Items: (8:15 p.m.) a. Planning Commission Application No. 85006 submitted by New Horizon Enterprises, Inc. for special use permit approval to conduct'a group day. -care center in the Park Nicollet Medical Center Building at 6000 Earle Brown Drive. The Planning Commission recommended approval of Application No. 85006 at its April 11, 1985 meeting. 11 Discussion Items: a. Preliminary Report on Traffic Analysis by Short- Elliott- Hendrickson b. Staff Report on Preliminary Review of Target Store Plans c. Earle Brown Days Fireworks and Parade d. Xerxes Avenue Improvements *12. Licenses 13. Adjournment 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 APRIL 8, 1985 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Fire Chief Ron Boman, and Deputy City Clerk Tom Bublitz. Mayor Nyquist noted that Councilmember Lhotka was out of town and was excused from this evening's meeting. INVOCATION The invocation was offered by Pastor Bob Cilke of the Brookdale Christian Center. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Hawes requested item 9c be removed from the Consent Agenda. FINAL APPROVAL OF CORNER ADDITION There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the final plat of Corner Addition which provides for the subdivision of property along 63rd Avenue North at Unity Avenue North into two residential lots. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PERFORMANCE BOND RELEASE FOR BROOKDALE CORPORATE CENTER There was a motion by Councilmember Scott and seconded by Councilmember Theis to release the performance guarantee, in the amount of $15,000, for Brookdale Corporate Center, 6300 Shingle Creek Parkway (Planning Commission Application No. 81012). Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none.. The motion passed. RESOLUTIONS RESOLUTION NO. 85 -50 Member Celia Scott introduced the following resolution and moved its adoption: 4 -8 -85 -1- RESOLUTION ACCEPTING QUOTATION FOR FIRE EQUIPMENT The motion for the adoption of the foregoing resolution was duly seconded by member . Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -51 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF MARY DRABIK The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -52 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO CLEAN H.V.A.C. SYSTEM IN CIVIC CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -53 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF HENRY DAVIS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -5 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT TO USE TWO HOUSES IN THE CITY OF BROOKLYN CENTER FOR TRAINING PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 4 -8 -85 -2- LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Alano Society 4938 Brooklyn Blvd. Bridgeman's 6201 Brooklyn Blvd. Brookdale Cinema 5801 John Martin Dr. Brooks Superette 6804 Humboldt Ave. N. Burger King 6110 Brooklyn Blvd. Chuck Wagon Inn 5720 Morgan Ave. N. Country Store 3610 63rd Ave. N. Ground Round Restaurant 2545 County Rd. 10 Holiday Inn 1501 Freeway Blvd. Jerry's Super Valu 5801 Xerxes Ave. N. Lutheran Church of the Master 1200 69th Ave. N. Movies at Brookdale Square 5800 Shingle Cr. Pkwy. Nankin Express 5532 Brooklyn Blvd. Scoreboard Pizza 6816 Humboldt Ave. N. Super America 6545 W. River Rd. Super America 1901 57th Ave. N. Yen Ching Restaurant 5900 Shingle Cr. Pkwy. MECHANICAL SYSTEMS LICENSE Air Comfort, Inc 3944 Louisiana Circle All Season Comfort, Inc. 55 Mound Ave. Allan Heating & Air Cond. 6020 Culligan Way Blaine Heating, Air Cond. & Elec. 13562 Central Ave. NE Centraire, Inc. 7402 Washington Ave. S. Conservenergy Systems, Inc. 6505 Taft St. Egan & Sons Co. 7100 Medicine Lake Rd. Environ -Con., Inc. Box 1351, St. Cloud Furnace Care Inc 8733 Humboldt Ave. N. Gas Supply, Inc. 2238 Edgewood Ave. S. Horwitz Mechanical, Inc. 5000 N. County Rd. 18 Lanars Plumbing & Heating 6945 Queen St. Marsh Heating & Air Cond. 6248 Lakeland Ave. N. - Modern Heating & Air Cond. 2318 First St. NE Noel's Heating & Air Cond. 6900 75th Ave. N. Owens Service Corporation 930 E. 80th St. Riccar Heating 3095 162nd Ln. NW Rouse Mechanical, Inc. 11348 K -Tel Dr. Royalton Heating & Cooling Co. 4120 85th Ave. N. Standard Heating & Air Cond. 410 W. Lake St. Suburban Heating & Air Cond. 2050 Whitebear Ave. Thompson Air Conditioning 5115 Hanson Court United Burner Service Inc. 7909 30th Ave. N. Walden Energy Systems 5250 Lyndale Ave. N. Ray Welter Heating Co. 4637 Chicago Ave. MOTOR VEHICLE DEALERSHIP - CLASS A Brookdale Pontiac _ 6801 Brooklyn Blvd. PERISHABLE VENDING MACHINE LICENSE Budgetel Inn 6415 James Circle 4 -8 -85 -3- SIGN HANGER'S LICENSE Sign Service, Inc 1016 North 5th St SWIMMING POOL LICENSE Beach Condominiums 4201 Lakeside Ave. N. European Health Spas 2920 County Rd. 10 Garden City Court Apts. 3407 65th Ave. N. Holiday Inn 1501 Freeway Blvd Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. APPROVAL OF MINUTES - MARCH 25, 1985 There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the City Council meeting of March 25, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS - (CONTINUED) The City Manager introduced a Resolution Approving Year XI Community Development Block Grant Appropriation. Mayor Nyquist recognized Mrs. Barbara Jensen, Chairman of the Community Development Block Grant Advisory Committee, who stated that the City will receive a total of $240,240 for Year XI of the Community Development Block Grant Program. She explained the Advisory Committee recommended $160,000 for the Earle Brown Farm acquisition and $80,240 for continuation of the City's Home Rehabilitation Program. She also noted a request by Fran Gunberg, the City's representative on the Northwest Hennepin Human Services Council Advisory Commission, for funding of day care- through CDBG funds. She explained it is the reluctant recommendation of the advisory committee not to fund this type of program and to recommend against funding for any continuing services. The Director of Finance and Administrative Assistant Hoffman arrived at 7:10 p.m. In response to a question from the Council, Administrative Assistant Hoffman stated that, assuming CDBG funding continues after next year, the City can view the community development dollars allocated for the Earle Brown Farm acquisition as a loan or another option exists to use the CDBG funds to retire the debt for acquisition of the Earle Brown Farm. RESOLUTION NO. 85 -55 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XI URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 4 -8 -85 -4- The City Manager introduced a Resolution Declaring Surplus Property, noting that the items in the resolution are recommended for a sale at the City auction to be held on April 27, 1985. Councilmember Hawes inquired what happens to the proceeds from the City auction. The City Manager explained that the funds are put into the general fund and must be kept there for a certain period of time in case a claim is made on some of the property sold at the auction. RESOLUTION NO. 85 -56 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -57 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -F (LYNDALE AVENUE NORTH WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 AND STREET IMPROVEMENT PROJECT NO. 1985 -05) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Adopting Engineer's Report, Establishing Xerxes Avenue North Street Improvement Project No. 1985 -09 and Calling for a Public Hearing Thereon, and noted the project provides for the repair of cracks and bituminous overlay of Xerxes Avenue from County State Aid Highway 10 to I -94. The Director of Public Works reviewed the project, and explained that essentially the project involves repairing cracks and installing a bituminous overlay. Also, he pointed out there are minor geometric changes proposed in the area of Northway Drive which would first merge traffic into one lane after crossing the Northway Drive intersection, then provide the motorist the opportunity to select the desired lane for either left turn, through or parking. He also noted that the proposal would include the construction of a roadway surface taper for the northbound traffic lane approach prior to the left turn lane at Xerxes Avenue and 59th Avenue North. He also noted that the project would lengthen the left turn lane at 63rd and Xerxes. The Director of Public Works reviewed a cost summary of the project which totaled $359,290, $31,010 of which would be assessable. costs. He added that the staff is recommending acceptance of the engineer's report and approval of the resolution. Councilmember Theis commented that a considerable amount of traffic on Xerxes now turns left at 59th to travel to Brooklyn Boulevard resulting in heavy traffic through a residential area. The Director of Public Works replied that the project 4 -8 -85 -5- essentially recognizes this traffic pattern as a reality and the proposal is to install the left turn lane to accommodate the traffic. In response to a question from the Council, the Director of Public Works reviewed the zones of assessment proposed for the project, and noted that the zones were similar to those used on the Xerxes Avenue project in the Brookdale and County Road 10 area. He then reviewed the zone assessment policies of the City on past projects. RESOLUTION NO. 85 -58 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING XERXES AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -09, AND CALLING FOR A HEARING THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85005 SUBMITTED BY BROOKDALE CHRISTIAN CENTER FOR SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A FAMILY LIFE CENTER ADDITION TO THE CHURCH AT 6030 XERXES AVENUE NORTH T� he C ty' Manager expTaine ppTica� ion o. 85605 was bled by the Planning Commission at its March 14, 1985 meeting and was recommended for approval at its March 28,` 1985 meeting. The Director of Planning & Inspection presented and reviewed for Councilmembers pages one through five of the March 14 Planning Commission meeting minutes, pages one through two of the March 28, 1985 Planning Commission meeting minutes and also the information sheets prepared for Application No. 85005. He reviewed the location of the project, which is in an R1 zone, and noted that churches are a special use in an R1 zone. He then reviewed the proposed site plan for the family life center addition, which included a fellowship hall /gymnasium'as a two story space on the south portion of the addition and two stories of other space on the north, including lockers, showers, restrooms, a prayer chapel, and music room on the lower level and a large classroom, restrooms, and foyer area on the upper level. He then reviewed the proof of parking plans submitted with the site plan. The Director of Planning & Inspection explained that at the March 14, 1985 Planning Commission meeting the Commission held a public hearing and several neighbors in the area raised some issues regarding the proposal at that hearing. He noted the Planning Commission tabled consideration of Application No. 85005 at the March 14 meeting and on March 18, 1985 a neighborhood meeting was held and the neighborhood issues were again raised. One of the issues discussed was the issue of supervision of children at the day -care center. The Director of Planning & Inspection explained that the church's educational director assured the neighborhood that the supervision issue would be addressed. He explained there was also concern expressed regarding the access at Washburn Avenue and the on- street parking on Washburn during church services. He explained Pastor Cilke assured the neighborhood that the congregation would be discouraged from parking on the street on Washburn during church services. 4 -8' -85 -6- r The Director of Planning & Inspection explained the staff has recommended a visual screening of the roadway in the area to help discourage and slow traffic going up Washburn to the church. He reviewed this additional landscaping and screening proposed with the plan. In further discussion of the neighborhood meeting, the Director of Planning pointed out that the neighborhood meeting on March 18 was well attended and the Commission received a report from the neighborhood meeting. Subsequently, he pointed out the Planning Commission recommended approval of the application subject to eight< conditions which he reviewed for Councilmembers. , He noted a public hearing is scheduled for this evening, that the proper notices had been sent regarding the hearing, and that the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 85005. He inquired if there was anyone in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Application No. 85005. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve Application No. 85005, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Plan approval acknowledges a proof -of- parking for up to 151 parking spaces which will meet the ordinance requirement. The applicant shall agree in writing, prior to the issuance of permits, to provide up to 151 parking stalls on the Brookdale Christian Center site in the event that the school property to the north is sold. 5. The applicant shall enter into a utility hookup agreement prepared by the City Engineer, stipulating charges for additional connections to City utilities, prior to the issuance of permits. 6. The garbage dumpster shall be removed from the parking lot and relocated to a more appropriate location and screened from public view. 4 -8 -85 -7- i 8 7. If buses are to be stored on the Brookdale Christian Center site, following June of this year, the church shall propose and provide a means of screening these buses from public view. 8. The applicant shall provide a visual barrier and signery to discourage through traffic on Washburn Avenue North from proceeding through the church property. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 8:10 p.m. and reconvened at 8:30 p.m. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Authorizing Replacement of the Superintendent of Streets and Parks Position. He explained the City's current Superintendent is retiring under the City's Retirement Incentive Program and the staff believes this position should be replaced. Councilmember Theis requested the City Manager to address the issue of park maintenance as related to this position particularly with regard to continuation of adequate park maintenance. The City Manager commented that the continuation of the excellent park maintenance the City enjoys is also a concern of the Public Works Director and himself. He pointed out that currently there are methods of tracking the number of maintenance hours devoted to parks, and he added he is confident that the people doing the maintenance work will continue to do _their excellent job of maintaining the parks. Councilmember Scott inquired whether the recruitment was to take place from within or outside the City. The Director of Public Works stated that the staff proposes to advertise within and without at the same time, RESOLUTION NO. 85 -59 Member Bill Hawes introduced the following resolution and moved its adoption RESOLUTION AUTHORIZING REPLACEMENT OF THE SUPERINTENDENT OF STREETS AND PARKS POSITION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted: ORDINANCES The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances Regarding Accessory Commercial Uses in Multi -Story Office Buildings. He explained the ordinance is offered for a first reading this evening and was recommended by the Planning Commission at its March 28, 1985 meeting. He noted that the list of accessory uses stated on the agenda is more extensive than those contained in the actual ordinance. Councilmember Hawes commented that a single story office building may make a similar request, and questioned whether it would be handled in a similar manner. The _4 -8 -85 -8- I r Director of Planning & Inspection explained that one story office buildings are not really geared for accessory uses of this type and specifically in this case a small lunch cafeteria. He pointed out that the lunchroom proposed in this instance would be different from employee lunchrooms that would more likely be found in a single story building. He pointed out that the employee lunchroom would be considered as part of the overall operation as opposed to an accessory retail operation. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Accessory Commercial Uses in Multi -Story Office Buildings and to set the public hearing date on the ordinance for May 6, 1985 at 8 :00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. DISCUSSION ITEMS RECOMMENDATION FROM PARK & RECREATION COMMISSION TO CITY COUNCIL TO PROCEED WITH FEASIBILITY STUDY FOR A MUNICIPAL PAR 3 GOLF COURSE The City Manager stated that the Park & R Commission passed a motion which formally recommended the par 3 golf course proceed to the City Council. He noted that the Council will receive a formal resolution from the Park & Recreation Commission regarding the approval. He stated that the staff is inviting the Council's input regarding how the Council would like the project presented initially. Councilmember Theis requested that the City staff make a full presentation before the City Council regarding the golf course proposal. The City Manager stated that he would come back to the Council within the next month or two with a presentation on the golf course. REQUEST BY CITY OF HUTCHINSON TO USE A PORTION OF BROOKLYN CENTER'S _ E S INDUSTRIAL DEVELOPMENT REVENUE BOND ALLOCATION The City Manager explained that the City has received other requests like this from other cities and it is on the agenda this evening to discuss whether the City Council would allow another City to use a portion of its allocation. He explained that if the Council chose to do so it would not affect the City's allocation in future years. The City Manager pointed out that he would check into the situation further to see if allowing another City to use a portion of the allocation would negatively affect the City in any way. Councilmember Scott stated she would like some assurance that the allocation would be there, if the City needs it. She added that perhaps if the City were to allow another City to use a portion of the allocation it could be done later in the year, such as September or October. The City Manager stated that he would consult with the City Attorney's office and report back to the Council regarding this proposal. CHARGES FOR 911 AUTOMATIC LOCATION IDENTIFIER (ALI) The City Manager explained the ALI system automatically provides dispatchers with the address of a 911 caller. He explained Hennepin County proposes to fund ALI charges from December 1982 through June 30, 1984 as per a resolution passed by the Hennepin County Board. The City Manager recommended the compromise as established by the County Board, and pointed out that the City negotiated a Joint Powers Agreement between communities and eventually the County took over the administration of the ALI system. He explained that there was also a breakdown in communication between the phone company and the County and that the cities always assumed that the County was paying the charges. The memorandum from the Police 4 -8 -85 -9- Chief pointed out that the police department's budget allows $288 per month for ALI charges and that from 1982 through 1985 the funds combined will sufficiently cover the amount due from the,City. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the Mayor and City Manager to enter into an agreement authorizing the City to pay the Automatic Location Identifier charges beginning July 1, 1984. APPOINTMENT TO PARK & RECREATION COMMISSION Mayor Nyquist' noted he had received an application for the Park & Recreation Commission from Mr. Larry A Propst, 5344 Russell Avenue North. Councilmember Hawes commented that the chairman of the Park & Recreation Commission had spoken with Mr. Propst, and felt that he would be an asset to the Park & Recreation Commission. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to appoint Mr, Larry A. Propst, 5344 Russell Avenue North to the Brooklyn Center Park & Recreation Commission for a term beginning April 9, 1985 and expiring on December 31, 1987. Mr Propst will be representing Park Service Area 1. ADJOURNMENT There was a motion by Councilmember. Hawes and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 8 :54 p.m. Deputy City Clerk Mayor 4 -8 -85 -10- i Member introduced the following resolution and moved its adoption: RESOLUTION NO RESOLUTION ACCEPTING QUOTATIONS AND AUTHORIZING CONTRACT FOR A STRUCTURAL ANALYSIS OF EARLE BROWN FARM WHEREAS, the City of Brooklyn Center requesting quotations for a structural analysis of the buildings on the Earle Brown Farm; and WHEREAS, qualified proposals were received and reviewed as follows: Meyer Borgman & Johnson, Inc. $8,000 Delano Erickson Architects $9,300 AEC Engineer's & Designer's $13,800 WHEREAS, tt appears that the proposal from Meyer Borgman & Johnson, Inc._ is the best qualified proposal. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center that the proposal of Meyer Borgman & Johnson, Inc. for a structural analysis of the building-on the Earle Brown Farm is hereby accepted. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BIDS FOR BITUMINOUS MIXTURES WHEREAS, the City Clerk and Director of Public Works have reported that on April 18, 1985, at 11 :00 A.M. they opened and tabulated bids received for the furnishing and loading of bituminous mixtures and said bids are as follows: Bituminous Mixtures Bituminous Mixtures` with with Bidder Coarse Aggregate Fine Aggregate - - - - -- ------------ - - - - -- ------------------- C.S. McCrossan, Inc. $17.50 per ton $19.00 per ton Commercial Asphalt Company 18.15 per ton 19.32 per ton Bury & Carlson, Inc. 20.65 per ton 20.65 per ton Midwest Asphalt Corporation 20.50 per ton 21.25 per ton NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the bid of C.S. McCrossan, Inc. for the furnishing of bituminous mixtures is deemed to be the best bid submitted by a responsible bidder and said bid is hereby accepted. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly_ seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted TO: Sy Knapp, Director of Public Works FROM: Jim Grube, City Engineer DATE: April 19, 1985 RE: Bids For Plant -Mixed Bituminous Mixtures Following is a comparison of the low bids received this year to those received last ear and in 1983 for the y same. materials. Bituminous Mixtures with Bituminous Mixtures with Bid Item: Coarse Aggregate Fine Aggregate Furnish & Load Furnish & Loud - - -- ------------------------ Low Bid 1985 $17.50 per ton $19.00 per ton Low Bid 1984 17.25 per ton 18.20 per ton Low Bid 1983 17.75 per ton 18.90 per ton Estimated quantities to be used during 1985 are: 500 tons of Bituminous Mixture with Coarse Aggregate and 700 tons of Bituminous Mixture with Fine Aggregate. However, our specifications allow the City to increase or decrease these antities according to our � g actual needs. I recommend award of the contract to the low bidder, C.S. McCrossan,_` Inc. Respectfully submitted, Recommended for Approval, ter_ _ J , I � Q JjA Grube Sy Knapp JNG•' l Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT 'WITH BARR ENGINEERING COMPANY FOR CONSULTING SERVICES RELATED TO THE AMENDMENT OF THE FLOOD MANAGEMENT BOUNDARIES ALONG SHINGLE CREEK IN LIONS PARK WHEREAS, THE CITY COUNCIL of the City of Brooklyn Center, Minnesota considers it in the best interests of the City to provide for the amendment of the designated flood management boundaries alongiShingle Creek in the Lions Park area: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The proposal submitted by Barr Engineering Company for the purpose of reviewing and amending the established flood management boundaries along Shingle Creek in Lions Park at a cost of $4,400.00 is hereby accepted and the Mayor and City Manager are hereby authorized and directed to enter into an agreement with Barr Engineering Company for said services. 2. The Finance Director is hereby authorized and directed to transfer $4,400.00 from the Capital. Projects Fund Balance to Division 48 of the Capital Projects Fund to finance the cost of said professional services. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF 6301 SHINGLE CREEK PARKWAY B BROOKLYN CENTER, MINNESOTA 55430 ROOKLYN TELEPHONE 561 -5440 CENT ER TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 19^ 1985 RE: Amendment of Flood Management Boundaries Along Shingle Creek at the Par 3 Golf Course Attached herewith is a proposal from Barr Engineering Company to provide technical services necessary to support the City's request that the flood management boundaries within the Lions Park area be modified to accommodate the construction of the proposed par 3 golf course. Said modification is necessary at this time due to the realignment of the course from the proposed 1980 layout to the currently proposed plan. The.1980 golf course layout provided for placement of the course entirely on the westerly side of Shingle Creek with club house placement at the site's southeasterly corner (on east side of the creek) Accordingly, the flood management plan which was also being developed in 1980 accommodated that golf course proposal by defining the flood management boundaries in such a way as to allow the construction. However, after detailed review of the 1980 golf course layout, it has been decided to revise that plan so as to include relocation of the club house to the northeasterly corner of the site (provides visibility) and to place one entire hole easterly of Shingle Creek. This plan effectively uses presently unused land and provides for amore open course. However, as a result of the modification, a portion of the course and the entire club house would fall within the limits of the currently designated floodway. This is not permitted without formal modification of the flood management plan. At our request, Barr Engineering Company has submitted a proposal to review criteria under which the flood boundaries were established and construct a computer model to simulate the effects of the desired construction. The results of the model will determine whether fill placement for fairway and club house "74 s m construction will raise the Shingle Creek floodwater elevation. Based upon a finding that placement of fill will not adversely affect the floodwater elevation, the consultant will "fine tune" the amended boundary location and submit the entire package to the D.N.R. for approval. Upon receipt of D.N.R. approval, the City would then forward the amendment recommendation to the Federal Insurance Administration for approval. It is expected that the federal government would also approve the amendment, thereby permitting the construction as contemplated by the most recent plan. This entire process will take approximately 4 to 6 months. As summarized above, the amendment process involves considerable use of computer modeling and close interaction with various state and federal process p agencies. This g demands an expertise not P available withina,our staff, therefore, it is necessary to retain the services of a consultant. We recommend the use of Barr. Engineering Company because that firm has extensive experience in the floodway' modeling concept and they have worked closely with the various regulatory agencies. gu Y g A resolution accepting the Barr Engineering Company proposal is submitted for consideration by the City Council Respectfully submitted, Recommended for Approval, Jim Grube Sy Knapp t SK: BARR ENGINEERING CO. CONSULTING ENGINEERS DOUGLAS W. BARK 6800 FRANCE AVENUE SOUTH JOHN D. DICKSON MINNEAPOLIS, MINNESOTA 55435 -2062 L. R. GEBH ARD � � HER ALLAN GEBH - TELEPHONE AREA 612 920 -0655 LEONARD J. KREMER DENNIS E. PALMER April 18, 1985 Mr. Sylvester Knapp City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 a- Re: Floodway Boundary Modification - Lions Park Area: Brooklyn Center Dear Mr. Knapp: Barr Engineering Co. is pleased to submit the following proposal for the preparation of a report with technical support, data for a Floodway Boundary Modification to the Ferderal Emergency Management Agency Flood Boundary and Floodway (FEMA) map along Shingle Creek. The proposed work is for the reach of Shingle Creek between the south Brooklyn Center boundary and to Highway 100. Scope of Work We will obtain from the Minnesota Department of Natural Resources (DNR) the HEC -2 computer model developed for the FEMA study. The model will be updated if necessary and the need for additional cross- sections to model the proposed floodway modifications will be assessed. If additional cross sections are needed we will determine the location and the City will provide the field survey: The new cross - sectional data will be added to the HEC -2 model and the 100 year existing conditions, existing FEMA floodway and as many as three floodway modifications will be modeled. The information from these models will be reviewed with City staff. After review by the City a proposed floodway including any revisions will be modeled and the results will be reviewed with the Minnesota Department of Natural Resources. A report will be prepared showing the proposed floodway modification. The City will submit the report to FEMA. We will provide information to the FEXIA technical reviewer if needed. We propose to complete the above work tasks for a fixed fee of $4,400. We are prepared to commence work immediately on the project upon approval and will submit the report to the City of Brooklyn Center within six weeks after notification to proceed. This six week completion time includes two weeks for the City to complete field surveys and reviews. If you have any questions or we may be of further assistance, please contact either me or Suzanne Jiwani at 920- 0655. Sincerely, John D. Dickson JDD /msh CITY OF BROOKLYN CENTER Dean A. Nyquist, 1 4ayor Gerald G. Splinter, City Manager • Club House PAR 3 GOLF COURSE /LIONS PARK Tennis Gener �j Skati �F A• t .. A• 1 1 Green 55th Ave. N Park f'�,5,, • Buildin Basketball Court Playground Equlip. Area::: Parking (72 Little League Field ter Tower Concessiow I r DWAY Box Press I I I I� 54th Ave. t Little Le ue Fie Bicycle Tra Bridge Pecles Path �,. gyp /�,;� •. r :� 1 ^ Bridge ` Lilac Drive FLOOD FRINGE Bridge 53rd Ave •��" �7flY• rt �yi• �. .ty r _ .r 1 ., :Y ii� $ ,,f •r- ,may 1 � "e • n. • ..' min •• Year Flood 7d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ORR- SCHELEN- MAYERON & ASSOCIATES, INC. FOR CONSULTING SERVICES RELATED TO THE IMPROVEMENT OF LIFT STATION NO.2 -------------------------------------------------- BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The proposal submitted by Orr - Schelen - Mayeron & Associates, Inc. for the review of odor abatement procedures, development of plans and establishment of cost estimates thereof, for the abatement of odors from the City's Lift Station No. 2 is hereby accepted and that the Mayor and City Manager are hereby authorized and directed to enter into an agreement with Orr - Schelen - Mayeron & Associates, Inc. in the amount of $4,850.00 for said services. 2. The costs of said services shall be charged to the Public Utility Fund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: Sy Knapp, Director of Public Works 0 FROM: Jim Grube, City Manager DATE: April 19, 1985 RE: Abatement of Odors at Lift Station No. 2 (Located on Lyndale Avenue at 55th Avenue) Attached is a proposal from Orr- Schelen- Mayeron & Associates, Inc. for consulting services related to the abatement of odors emitted from the City's Lift Station No. 2 (located at Lyndale and 55th Avenues). The consultant proposes to investigate various options of odor control, report to the City on the estimated cost of construction and operation, and recommend a system most suitable to our needs. Based upon City concurrence, the consultant will then develop plans and specifications and other related documents necessary for the bidding process. Staff has approached O.S.M. with a request to provide assistance in this project insofar as we do not have the expertise to undertake this project and this consultant has expertise in this area and has considerable knowledge of the operation of this lift station. The attached resolution accepting the O.S.M. proposal is submitted for City Council consideration at its April 22 meeting. Respectfully submitted, Recommended for Approval, Ji.m /Grube Sy �Knap JNG : j n,li} J J _ I I , l ORR •SCHELEN • MAYERON ASSOCIATES, INC. Consulting Engineers Land Surveyors April 18, 1985 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Lift Station #2 Odor Control Problem Gentlemen: We have investigated several methods of odor control for Lift Station #2. The various methods we have looked at are as follows: 1. Chlorination 2. Combustion 3. Sodium Hypochlorite 4. Odoroxidant Compound 5. Carbon Filter The last three appear to be the most promising methods of odor control but they require further investigation. Items that need to be checked are whether these units can operate in cold weather conditions or must they be housed and heated, what types of mechanical and electrical interfacing are required and structurally can the existing building support the equipment, or is a separate housing required? Along with the answers to the previous questions, the chemical makeup of the wet well air being discharged should be determined. This will help in determining the best method of odor control device to install. A cost estimate for an odor control device is very dependent on the type of equipment selected. Just the equipment itself has a purchase price range as follows. Odoroxidant Compound $ 7,000 Carbon Filter $24,000 To follow through with the design and prepare the bidding documents, we are pleased to present the following proposal: 2021 East Hennepin Avenue • Suite 238 Minneapolis, Minnesota 55413 • 612 / 331- 8660 Page Two City of Brooklyn Center April 18, 1985 1. Project Management & Final Design Selection. . . . . . . . $1,500.00 2. Mechanical Design . . . . . . . . . . . . . . . . . . . . 2,000.00 3. Structural Review & Design . . . . . . . . . . . . . . . . 900.00 4. Electrical Interface . . . . . . . . . . . . . . . . . . . 450.00 Total Fee (1 -4) $4,850.00 We look forward to working with you on this project. If this proposal meets with your approval, please sign below and return one copy to our office. Very truly yours, ORR- SCHELEN- MAYERON & ASSOCIATES, INC. CITY OF BROOKLYN CENTER (see note) A -,, ' P 21e Z � �- James P. Norton, P.E., Associate Sy Knapp, Director of Public forks B. A. Mittelsteadt, P.E., President Gerald Splinter, City Manager Dean A. Nyquist, Mayor JPN:nlb NOTE: City accepts proposal, based upon the provision that the Consultant charge for time and expense incurred in the event the project is terminated prior to development of plans, specifications, and bid documents. 715 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 TO RELOCATION AGREEMENT NO. 59945 WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND AUTHORIZING EXECUTION THEREOF -------------------------------------------------- WHEREAS, the Brooklyn Center City Council did enter into Relocation Agreement No. 59945 with the Minnesota Department of Transportation for reimbursement of costs incurred by the City in relocation of its municipal utilities in conjunction with the reconstruction of the T.H. 100 intersection at France Avenue North; and WHEREAS, the City incurred costs in excess of those anticipated under said agreement for which reimbursement had been established: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the City enter into Supplemental Agreement No. 1 to Relocation Agreement No. 59945 to provide for reimbursement of said costs not previously comprehended under said agreement. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized and directed to execute said Supplemental Agreement No. 1 on behalf of the City of Brooklyn Center, Minnesota. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof:. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: Sy Knapp, Director of Public Works r FROM: Jim Grube, City Engineer DATE: April 19, 1985 RE: Supplemental Agreement to MN /DOT Agreement No. 59945 In April, 1980, the City entered into an agreement (No. 59945) with MN /DOT wherein the City agreed to relocate or adjust water main and sanitary sewer within the T.H. 100 - France Avenue North intersection in conjunction with the reconstruction of said intersection. As work progressed, it became apparent that additional work, not previously comprehended under the agreement, was required. Upon completion of the project, the City invoiced MN /DOT for all costs incurred and it was noted that the total cost incurred, at $3,456.73, exceeded the previously agreed upon reimbursable cost of $1,475.00 (overrun of $1,981.73). As MN /DOT completed its project accounting, it determined that funds are available for reimbursement of extra costs incurred, therefore, it has submitted the attached supplemental agreement which comprehends said payment, in the amount of $1,981.73. It is recommended the City Council adopt the attached resolution which authorizes the Mayor and City Manager to enter into the supplemental agreement. Respectfully submitted, Recommended for Approval, Jim Grube Sy Knap JNG : j 1 i ���.1NESO O y D ° Minnesota Department of Transportation Transportation Building, St. Paul, MN 55155 Q OF TV0 Phone 296 -8650 April 4, 1985 Room 715N Mr. Sy Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 a In Reply Refer To° S.P. 2755 --61 (T.H. 100) Hennepin County T.H. 100, from 504 Feet West to 469 Feet East of France Avenue Supplement Agreement No. One to Agreement No. 59945 Dear Mr. Knapp: Enclosed are copies of the Supplement Agreement No. 1 that provide for the increase in your reimbursement costs of the above project. Kindly execute and return to this office all copies of the Agreement not later than April 23, 1985. Please attach a certified copy of the Council resolution approving and authorizing this Supplement Agreement to each copy of the document. Subsequent to execution by the State, one copy will be returned to you. Sincerely, M. M. Christensen, P.E. Utilities Engineer Enclosures- Supplement Agreement No. 1 An Equal Opportunity Employer S.P. 2755 -61 (T.H. 100) Hennepin County T.H. 100, from 504 Feet West to 469 Feet s East of France Avenue City of Brooklyn Center Agreement No. 59945 SUPPLEMENTAL AGREEMENT NO. One TO RELOCATION AGREEMENT NO. 59945 THIS SUPPLEMENTAL AGREEMENT, made by and between the State of Minnesota, acting by.and through its Commissioner of. Transportation, hereinafter called the "State" and the City of Brooklyn Center, hereinafter called the "Utility ", WITNESSETH THAT: WHEREAS, the State and the Utility did enter into Lump Sum Relocation Agreement No. 59945 wherein the Utility did agree to relocate certain utility facilities which relocation was necessitated by the construction of a State Project on Trunk Highway 100, and the Utility did agree to relocate said facilities in accordance with plans marked Exhibit "A ", attached to and made a part of said Agreement; and -1- �.C.� Agreement No. 59945 WHEREAS, the State did agree to reimburse the Utility for such relocation in accordance with law and the terms of said Agreement; and WHEREAS, the scope of the project was change due to the addition of one fire hydrant and moving another fire hydrant an additional 13 feet; and WHEREAS, the cost of the relocation was estimated to be in the sum of One Thousand Four Hundred Seventy Five and No /100 Dollars ($1,475.00), as shown on Exhibit "B ", attached to and made a part of said Agreement; and WHEREAS, the Utility has relocated its facilities as t provided in said Agreement No. 59945; and NOW, THEREFORE, IT IS AGREED: ARTICLE I - PLANS Attached hereto, marked Exhibit C and made a part hereof is a detailed plan indicating the relocation of the facilities. It is agreed that Exhibit C will be substituted for and be in lieu of Exhibit A contain in Agreement No. 59945. The Utility has relocate its facilities in accordance with Exhibit C. ARTICLE II - ACTUAL COST Attached hereto marked Exhibit D and made a part hereof is a detailed and itemized statement of the actual cost of the additional work performed by the Utility. It is agreed that Exhibit D shall be added to Exhibit B contained in said Agreement -2- Agreement No. 59945 No. 59945. The changes and or additions contained herein increase the cost of the relocation work performed by the Utility to One Thousand Nine Hundred Eighty One and 73/100 Dollars ($1,981.73). The total estimate of all work to be performed by the Utility under Agreement No. 59945, and under this Supplemental Agreement is in the sum of Three Thousand Four Hundred Fifty Six and 73/100 Dollars ($3,456.73). ARTICLE IV - RELATION TO AGREEMENT TO 59945 Except as modified and amended herein the terms and conditions of Agreement No. 59945 shall remain in full force and effect. -3- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR A VAN FOR THE POLICE DEPARTMENT MOBILE COMMAND CENTER AND AUTHORIZING AGREEMENT FOR PROFESSIONAL SERVICES WHEREAS, Resolution No. 85 -32 amended the 1985 general fund budget to provide for the purchase of a Mobile Command Center for the police department, including consulting services for selection of mobile equipment; and WHEREAS, federal matching funds are available for a portion of the cost of the Mobile Command Center; and WHEREAS, the City Clerk has prepared specifications for a 14' Aluminum Step Van to be useG a Mobile Command Center; and WHEREAS, a proposal has been obtained from W.M. Montgomery & Associates for the selection and equipping of mobile equipment for the command center, with rates for engineering services as follows: Engineering - $65 per hour Auto Travel - $.25 per mile Prints and Reproductions - actual costs NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the specifications for the delivery of one 14' Aluminum Step Van is hereby approved and the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of one 14' Aluminum Step Van in accordance with said specifications. BE IT FURTHER RESOLVED that the proposal of W.M. Montgomery & Associates for the provision of consulting services to equip the van with mobile equipment be accepted and the Mayor and City Manager are hereby authorized to enter into an agreement with h W.M. Montgomery & Associates for said services. BE IT FURTHER RESOLVED that the cost for said consulting services shall not exceed $6,000. Date Mayor ATTEST: Clerk The motion o 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 OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 PROVISIONS AND SPECIFICATIONS FOR ONE (1) 14 FOOT ALUMINUM STEP VAN 1. GENERAL All bids must be received at the office of the City Clerk on or before 2:30 p.m. , , and shall be submitted on the enclosed proposal form in a sealed envelope, plainly marked "Bid for Step Van." It is also understood that the City Council reserves the rights to reject any or all bids, to waije informalities and to award the contract to the best interest of the City. The Step Van proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand or description mentioned in this proposal are descriptive but not restrictive and used only to indicate type and standard of material or equipment desired. The Step Van the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the Step Van the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties he must defray all costs in connection with such a suit and save the City harmless in all such actions. 2. GUARANTEE The bidder shall guarantee this equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material and workmanship. All defective equipment shall be replaced free of cost to the City of Brooklyn Center for a period of one year from date of delivery. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. Award of the contract by the City of Brooklyn Center will be based on, but not necessarily limited to, the factors of price, delivery date, parts and service, as well as analysis and comparison of specifications and performance. 5. SAFETY STANDARDS The Step Van bid shall have all the safety devices and shall meet the requirements of the Minnesota Department of Labor and Industry; Division of Accident Prevention, and the U.S. Department of Labor, Occupational Safety and Health Administration. 6. SERVICE MANUALS Repair manuals, shop type, operator's handbook and parts book shall be furnished, including parts book for body of van. SPECIFICATIONS FOR 14 FOOT ALUMINUM BODY STEP VAN 10,000 GVW GENERAL The vehicle and /or equipment called for herein shall be a new 10,000 GVW step van furnished with an aluminum body, currently advertised incorporating all the latest changes and features, including all the safety devices and tools to make a satisfactory operating unit. The unit shall meet the requirements of the Minnesota Department of Labor and Industry, Division of Accident Protection, and the U.S. Department of Labor, Occupational Safety and Health Administration. Gross Vehicle Weight: 10,000 lbs. Wheel Base 157 Body The van shall have an all aluminum body equal to the Grumman or J.B. Olson units, furnished according to the following: Front doors - sliding camlock type with ventilating glass windows roll up type Rear door - 38" wide with windows and key lock Roof - furnished with headliner and roof vent and sky light Sides - insulated with styrofoam or fiberglass and covered with panelling Interior height - 80" Interior width - 86" 6 cargo lights center of roof Ladder for access to roof on back right hand side Cab 2 spot lights Seats - two heavy duty Sun visors - dual Windshield wiper - dual, 2 -speed electric with washers Heater - fresh air type with defrosters Mirrors - left and right side - 6 x 16 stainless steel convex mirror on bottom, retractable Guages - oil pressure, water temperature, gas supply, ampmeter Glass - all tinted AM radio Chassis Brakes - Power disc front, drum rear Steering - power assist Rear axle - 7,900 lb. with dual wheels with 4.10 ratio Front axle - with stabilizing bar Springs - 4,000 lb. rear (each) and 4,400 front Shock absorbers - heavy duty front and rear Transmission - automatic 3 -speed with park Tires - 750.16# 8 ply, firstline tube type with rear tires to be mud and snow type, furnish spare rim Bumpers - front with two hooks; rear, heavy duty step type (chromeplated, front) Gas tank - 40 gallon minimum Engine 350 cubic inch with engine oil cooler full flow oil filters, fuel filter and air cleaner Electrical Alternator shall be 90 amp minimum Batteries, dual 4,000 watt 80 amp hr. - no 705 dual battery selector and disconnect switch Horns - electric Color White PROPOSAL ONE (1) 14 FOOT ALUMINUM STEP VAN TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Gentlemen: We propose to furnish and deliver one 14 foot aluminum step van according to the specifications at the following bid price: 1. Base bid price 2. Optional Equipment total 3. Total bid price Delivery date calendar days Signed Firm Name Address Date Bid opening 2:30 p.m. 'L !ti W. M. Montgomery & Associates 3618 Rainbow Drive • Minnetonka, Minnesota 55345 Telephone (612) 473 -6985 April 11, 1985 Chief James Lindsay Police Department 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Chief Lindsay: A I am pleased to quote professional engineering services to inves- tigate requirements for a police department emergency communica- tions van. Confirming our conversation in your office on Mon- day, April 8, I propose to develop a list of communication capa- bilities which should be included in the van together with sug- gested layout and budget for implementing each recommendation. Recommendations for procuring communications equipment will be furnished in a letter report. The report will also include a list of potential vendors for equipment and installation labor to build the emergency communications center in the truck. Our work will include soliciting proposals or preparing bid specifi- cations as may be appropriate, evaluating vendor responses, and confirming work is done according to specifications. Price for consulting services for the entire project will be done on a time and expense basis not to exceed $6,000. Rates for engineering services are: Engineering $65.00 per hour Auto travel 0.25 per mile Prints and reproductions actual cost Time and expense will be invoiced monthly; invoices are due when received. we can begin work upon receipt of written authorization from you. Thank you for your invitation to quote on this project. I look forward to working with you again. Very truly yours, �d�t W.M. Montgomery Communications Systems - Planning & Engineering 73 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DR. DUANE ORN WHEREAS, Dr. Duane Orn served as a member of the Northwest Hennepin Human Services Council Advisory Commission from February 19, 1977 through December 1984; and WHEREAS, his devotion to the tasks and responsibilities of the Commission contributed substantially to the excellent achievements of the Commission in meeting the human service needs of Brooklyn Center and the entire Northwest Suburban area; and WHEREAS, '-,is public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Dr. Duane Orn, as a member of the Northwest Hennepin Human Services Council Advisory Commission, is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 7H Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FUNK ANIMAL HOSPITAL FOR CARE OF IMPOUNDED ANIMAL BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and i y City Manager are hereby authorized to enter into an agreement with Funk Animal Hospital, 7508 Jolly Lane, Brooklyn Park, Minnesota for the care of impounded animals from the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police 1 DATE: April �7, 1985 ° SUBJECT: Contract With Funk Animal Hospital We have received this year's proposed contract for animal services from Funk Animal Hospital. The only change over last year's contract is in the boarding fee for animals. Previously this charge had been $4.40 per day per animal. The new proposal is for $4.50 per day per animal. We recommend that this proposed contract be accepted with the one change. AGREEMENT This Agreement made by and between the CITY OF BROOKLYN CENTER, a municipal corporation, (hereinafter called the City) and the FUNK ANIMAL HOSPITAL, 7508 Jolly Lane, Brooklyn Park, Minnesota, a sole proprietorship, (hereinafter called Poundkeeper). For and in consideration of the covenants and agreements herein contained, the parties agree as follows: (1) That the Poundkeeper warrants that it has good and sufficient facilities for the impounding, keeping and care of dogs and cats which may be brought to it by the City. (2) That the Poundkeeper will receive, keep, board and care for all animals entrusted to them by the City. (3) If any dog or cat shall not be reclaimed by the owner within five (5) regular business days, as defined in M.S.A. 35.71, the City shall have no right or interest in such animal and the Poundkeeper may dispose of such animal in a.proper and humane manner or in accordance with M.S.A. 35.71, Subd. (3). This provision shall also apply to all animals quarantined under Brooklyn Center ordinance 82 -12 that are not reclaimed by the owner within five (5) regular business days after the end of quarantine period. Animals which may have been impounded for the required five day period may be reclaimed by persons other than the owner upon payment of all fees to the City. (4) The City will impose fees for impounding and boarding said animal, the amount of said fees to be established by Council resolution. The City shall pay to the Poundkeeper the sum of $4.50 per day for each animal boarded but not to exceed six days on unclaimed animals. The City shall pay the Pound - keeper $9.50 for each animal destroyed in a proper and humane manner and $6.00 to dispose of already dead carcass. The City will not pay the Poundkeeper any impounding fees. (5) The collection of all fees shall be the sole responsibility of the City. During the normal business hours of the City Hall, said fees shall be collected by the City Clerk's office (6) The Poundkeeper shall not release any impounded animal until proper proof has been shown that the necessary fees have been paid to the City. For any unlicensed animal brought into the custody of the Poundkeeper, such animal shall not be released until a license for the animal has been obtained by the owner. Nor shall any animal be released until proof of a current rabies shot is shown or until vaccine for rabies has been administered to the animal. (7) In addition to the $4.50 per day boarding fee and fees paid to destroy animals, the City shall pay to the Poundkeeper the sum of $110.00 per month as administrative fees and expenses by the Poundkeeper. w - (8) Emergency after hours service will be made available at the Affiliated Emergency Veterinary Service Hospital located at 1201 South Turners Crossroad in Golden Valley at the flat fee of $45.00 per animal. (9) The Poundkeeper shall keep the pound open durinig the normal business hours of the City Hall. Animals may be discharged to the owners directly at hours other than said normal business hours by the City Animal Control Agents. (10) The Poundkeeper shall at all times keep accurate records of all animals impounded, boarded, and destroyed pursuant to this Agreement and shall furnish monthly statements to the City. (11) The Pound shall be open at all reasonable times for inspection by the City through its agents or employees. (12) The Poundkeeper shall be responsible for all damages, harm or illness suffered by the animals under its care and in its custody which may be due to the negligence of the Poundkeeper. Said Poundkeeper shall save the City harmless from any damages, costs, actions, or causes of action, or claims made against the City for any harm, losses, damages or expenses on account of bodily injury, sickness, disease, death and property damage resulting from the Poundkeeper's operation. To accomplish this, the Poundkeeper shall procure pe p e and keep in force workers compensation insurance as required by the state statute and comprehensive general liability insurance in the amount of not less than $100,000 and $300,000 to safeguard and indemnify the City for any of the occurrences aforementioned. Such insurance policy must be filed with the City Clerk, or. proof thereof. (13) The Agreement shall be in full force and effect as of the first of April, 1985 for a period of one year, provided, however, that the same may be terminated by the Agreement of the parties hereto or by either party upon giving sixty (60) days written notice of its intention to terminate this Agreement. Dated this day of April, 1985. CITY OF BROOKLYN CENTER: Witnesses: BY: Mayor BY: City Manager FUNK ANIMAL HOSPITAL: BY: 7r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1985 GENERAL FUND BUDGET WHEREAS, the Director of Recreation has determined that there is an additional need for funds in various Park & Recreation Programs; and WHEREAS, the former Director of Park & Recreation retired from his position on February 28, 1985; and WHEREAS, the City Manager has recommended that a portion of the former Park & Recreation Director's salary be used to fund certain recreation programs for 1985; and WHEREAS, section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may, by majority vote of its members transfer unencumbered appropriation balances from one office, department or agency to another within the same fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to amend the 1985 eneral fund budget as follows: g g 1. Increase the adult recreation program temporary employees account No. 4130 (Program Numbers 307 and 308) by $1,500 to provide for personnel to coordinate women's and mixed volleyball. 2. Increase the adult's recreation program temporary employee's account No. 4130 (Program Number 312) by $1,500 to provide for personnel to coordinate the adult soccer program and other adult recreation programs. 3. Increase the children's recreation program temporary employee's account No. 4130 (Program Number 334) by $3,000 to provide personnel to work at play- centers in the summer. 4. Increase the Community Recreation Programs y gr s special events program.- (Program Number 66) by $1,000. 5. Increase the Parks Maintenance Other Improvements Account (Number 4530) by $3,000 to install sand volleyball courts in Northport Park. 6. Increase the Recreation and Parks Administration Regular Employees Salaries Account (Number 4100) by $10,000. Date Mayor ATTEST: Clerk 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. ° S CITY OF BROOKLYN CENTER CITY COUNCIL 6301 Shingle Creek Parkway NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on Monday, April 22, 1985 at approximately 7 :30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway to consider the application described below. TYPE OF REQUEST: Private Kennel License - Note: City Ordinance requires private kennel license where more than two dogs, exceeding six months of age, are kept in a household. APPLICANT: Mary Ann. Boyer ADDRESS OF APPLICANT: 5817 Pearson Drive BRIEF STATEMENT OF CONTENTS OF APPLICATION: Application for a Private Kennel License to keep three (3) dogs at the residence at 5817 Pearson Drive in Brooklyn Center. The Applicant has indicated that the dogs will be housed inside the residence at 5817 Pearson Drive. Respectfully, Gerald G.- `Splinter City Clerk e 9. J. SEXTON 3824 - 58th, Ave. N . Minneapolis, Mn. 55429 Telephone (612) 537 -2118 April 19, 1985 Mayor Dean Nyquist 5701 June Ave. N. Brooklyn Center, MN 55429 Dear Mayor Nyquist9 I am not able to attend Monday evening's councilmeeting because of a dinner meeting. I favor the Brooklyn Center city council's granting a private kennel license to my neighbor, Mary Ann Boyer, The three dogs are medium size.. They are not a problem to the neighborhood. I can't remember hearing them bark. Their yard is fenced and kept clean. My neighbors to the east of me believe the council should .turn down the application for the license because the dogs may become a problem, That is hardly a neighborly attitude. I favor the granting of the license,, Sincerely, I l APPLICATION FOR PRIVATE KENNEL LICENSE CITY OF BROOKLYN CENTER, MINNESOTA TO THE HONORABLE CITY COUNCIL Date: ov( IA A -\ � 1. Applicant s Name (Last Firs Middle) � , �, le) 5 �, I Y �e)& )I - 1q38 r 2. Applicant's Address (Number, Street, City, State, ZioCode) 3. Address or Legal Description of Proposed Kenne 4. 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 on the application. . Rxwc 0 tS e CA r l v tY 1 5. Indicate number of animals to be confined within the proposed kennel, together with their ate, breed and sex 1 �\ ad 6. PLEASE NOTE: The license fee in the amount of $30.00 must be submitted with this application. Sig` ure of Applican PLEASE RETURN COMPLETED APPLICATION AND LICENSE FEE TO: City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. F c - DO NOT WRITE BELOW THIS LINE New License Renewal License License Period 11 through License Fee Received 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 large 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 an domestic servants or gratuitous guests, Y g 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 R1 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. Under 9 • Restraint means an animal that is controlled b a leash or at heel y e 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 40 public street, or if it is within the property limits of its owner's premises. • w� Section 1 -102. LICENSES REQUIRED. 1. Dog Licenses. No erson shall own harbor, keep or have custody P , , P ofa dog over six mon -is ' — 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. LICEDTSE 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 in Chapter 23 of Brooklyn Center Ordinances. 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 provided in Chapter 23 of Brooklyn Center Ordinances, 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. Section1 -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 . Dog 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. P_ r 1 -105 2. Issuance of Dog 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. Replacement of Lost Dog License. If any dog license tag is lost or stolen, the applicant may obtain a new ag- by surrending the license payment receipt and by paying the charge for a duplicate license as provided in Chapter 23 of Brooklyn Center Ordinances. 4. Application for Private Kennel License or Commercial Kennel License. Initial application for a private kennel license or 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. 5. Hearing 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 private kennel license and 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 r os o ed kennel location. The failure of an P p Y owner to receive such notice shall not invalidate the proceedings. 6. Council Approval. The City Council may approve the private kennel license or 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 private kennel license of 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. 7. Renewal of License. A copy of the p rivate kennel license or commercial kennel license shall be forwarded to the Director of Planning and Inspection who shall maintain a register of kennel licenses. Subject to anytime 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 in Chapter 23 of Brooklyn Center Ordinances, 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. 1 -105 8. 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 Director of Planning and Inspection 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. Section 1 -106. STANDARDS FOR PRIVATE KENNELS. A private kennel shall consist of an enclosed space in which all animals are confined when not under restraint and constructed so as to prevent the animals from running 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. STANDARDS FOR C01' KE Z=S. 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. Section 1 -1 10. NUISANCE PROHIBITED. It shall be unlawful for any person 1 -110 to keep animals in any unsanitary condition or in any way which constitutes a nuisance under Chapter 19 of Cit y Ordinances. Section 1 -111 . RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner to allow its dog 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 dog 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. An animal which has Any 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. 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 1 -117 3. The amount of the boarding fee which the City is required to pay the pound keeper. 4. An impounding penalty as provided in Chapter 23 of City Ordinances. 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 J $7 00 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. M E M O R A N D U M TO: Gerald Splinter, City Manager FROM: Kristin Lee, Public Health Sanitarian RE: Private Kennel License for: Mary Ann Boyer 5817 Pearson Drive Brooklyn Center, MN 55429 DATE: April 18, 1985 An inspection was made April 17, 1985, of the Boyer property at 5817 Pearson Drive, Brooklyn Center, Minnesota. The Boyers own three dogs. All three of these animals are Shelties (a smaller version of a Collie). The backyard at 5817 Pearson Drive is very large and is completely enclosed with 3 foot chain link fencing. The dogs are allowed to run in this area only when one of the owners is home. Feces are picked up at least once a week,which appears to be sufficient. There does not appear to be any type of sanitation problem at this address. The dogs are very friendly and did not even bark when I came to the door. They were also clean and healthy looking. The Police files show a record of only one complaint since the family moved in September of 1984. The complaint was received March 18, 1985 and concerned the barking of the dogs. No report was filed by the officer involved. Attached find a letter submitted by Mary Ann Boyer which explains, among other things, that should one of these animals expire, it would not be replaced. I do not anticipate any major problems if a Kennel license is approved at this address. KAL:jt -czs-�5 i� ` V- Lam UT Lcl- L L 4 -18 -85 Dogs at 5817 Pearson Drive were supposedly getting their licenses on the day I was out to inspect the kennel (4- 17 -85), I recommend you verify that the licenses have been obtained. KAL MD s /1 E 9� CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 2Z^d of o it , 1985 at 8;00 p. m.at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City Charter. ORDINANCE NO. AN ORDINANCE AMENDING CHPATER 17 OF THE CITY ORDINANCES REGARDING USE OF SICK LEAVE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 17 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 177112. SICK LEAVE. 1. Eligibility. Sick leave with pay shall be granted to probationary and permanent employees at the rate of one working day for each calendar month of full -time service or major fraction thereof. 2. Sick leave [may be] shall be used [only] normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers - in -law, Sisters -in -law, grandparents, grandparents -in -law, and grandchildren of the employee. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four 4 days T72) per calendar year, for the care of the employee's children or spouse when the employee's supervisor determin that the situation requires the employee's presence. The four (4) special use days (32 hours ) cannot be accumulated from one year to the next, and if they are not used, they are included in the employee's normal sick leave accumulation. 3. Accrual. Sick leave shall accrue at the rate of one day per month until 120 days have been accumulated and at the rate of one -half day per month after 120 days have been accumulated. Employees using earned vacation leave or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees during sick leave. 4. Procedure. In order to be eligible for sick leave with pay, employees must: a. Notify their superior prior to the time set for the beginning of their normal workday. b. Keep their superior informed of their condition. ORDINN A= _,o c. Furnish a statement from a medical practitioner upon the request of the Employer. 5. Misuse Prohibited. Employees claiming sick leave when physically fit, except as otherwise specifically authorized in Section 17 -112 (2) shall be subject to disciplinary action up to and including discharge. 6. No Terminal Sick Leave. Sick leave benefits shall not be granted upon termination of employment. S ection 2. This ordinance shall be effective: after adoption and thirty (30) days following its legal publication. Adopted this Oay of 19 Mayor i ATTEST: Clerk Date of Publication Effective Date Brackets indicate matter to be deleted, underline indicates new matter.) MEMORANDUM T0: Gerald G. Splinter � FROM: Tom Bublitz, Personnel Coordinator DATE: April 19, 1985 SUBJECT: Amendment of Personnel Ordinance Regarding Use of Sick Leave The ordinance amendment which will be offered for second reading at the April 22, 1985 City Council meeting proposes a change in how employees may use their sick leave. The ordinance as proposed would allow employees to use four of their annual sick leave days for the care of their children or spouse due to illness. This does not mean employee's will receive an additional four days of sick leave, however, it does mean that they may use four of their normal sick leave days for uses other than that of personal illness or serious illness in the immediate family. Employees will continue to accrue sick leave at the rate of one day per month or 12 days per year. Currently, if an employee must stay at home to care for an ill child or spouse the employee is required to use vacation leave for those occasions. The current ordinance allows the use of sick leave only for personal illness of the employee or serious illness in the immediate family. Serious illness has generally been interpreted as meaning something that is life threatening or potentially life threatening, such as, major surgery or some other type of serious health problem. Under the proposal, employees would be allowed to use four of their sick leave days per year for the care of children or their spouse for illnesses that are not considered life threatening but, nevertheless, may require the employee to take time off from work to be with the family member. It should also be noted that if the four days are not used by the employee in the course of a calenday year they may not be carried over in to the next year. In other words, employees not using their sick leave in this manner during the course of a year would not be able to carry the four days over and use eight days of their normal sick leave accrual for this special use in the next year. In no event, however, will ,the employee accrue more than 12 days per year of sick leave. 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 APRIL 11, 1985 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:32 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Lowell Ainas, Carl Sandstrom, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren, Director of Public Works Sy Knapp and Planner Gary Shallcross. Chairman Lucht explained that Commissioner Manson had called to say that she would be unable to attend and was excused. APPROVAL OF MINUTES _ March 28, 1985 Motion by Commissioner Sandstrom seconded by Commissioner Nelson to approve the minutes of the March 28, 1985 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Sandstrom, Nelson and Bernards. Voting against: none. Not voting: Commissioners Malecki and Ainas. The motion passed. APPLICATION NO. 85006 (New Horizons Enterprises, Inc.) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for special use permit approval to conduct a group day care center in the Park Nicollet Medical Center building at 6000 Earle Brown Drive. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85006 attached) . The Secretary also explained the effect of the day care center on parking requirements for the building. He explained that the site was built for retail occupancy and that, because the medical and day care occupancy require less parking, there is a slight surplus. He stated that the installation of the playground would use up some additional stalls, but would not leave the building with deficient parking. Chairman Lucht asked the applicant whether she had anything to add. Miss Sue Dunkley of New Horizons Enterprises, Inc. stated that she had nothing to add. PUBLIC HEARING (Application No. 85006) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Sandstrom to close the public hearing. The motion.passed unanimously. Commissioner Sandstrom asked about the extra gate. Chairman Lucht asked the applicant whether she had any problems with providing an extra gate on the south side of the playground for safety purposes. Miss Dunkley said she had no problem with that. She said that most of the day care centers they have have two gates for the playground. 4 -11 -85 -1- ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85006 (New Horizon Enterprises, Inc. Motion by Commissioner Ainas seconded by Commissioner Sandstrom to recommend approval of Application No. 85006, subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 5. Six "Parent Parking Only" signs shall be installed at parking spaces near the day care center entrance to facilitate traffic to and from the center. 6. The playground plan shall be revised prior to consideration by the City Council to provide a gate along the south edge of the playground to allow for the best possible escape from the building and playground in the event of fire. 7. Special Use Permit approval is exclusive of signery which is subject to Chapter 34 of the City Ordinances. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. DISCUSSION ITEMS a. T. J. Applebee's The Secretary then reviewed briefly with the Planning Commission plans for a T. J. ApplebeeIs Restaurant in the Brookdale Shopping Center. He noted that there would be two slight additions to the building and that there would be an outside area for eating during the summertime which would have to be screened. He stated that there was no impact on the parking requirements for the Brookdale Center because of the ordinance provision allowing up to 10% of a shopping center floor space to be devoted to restaurant without requiring more than the retail parking formula. b. Traffic Analysis The Secretary then introduced a discussion of a traffic analysis being performed by Short - Elliott - Hendrickson for the City. He explained that the traffic analysis is a study which was commissioned by the City Council as part of establishing a 4 -11 -85 -2- moratorium on retail development in the City. He showed the area of the City included in the traffic study. He explained that this area includes almost all vacant land in the City which is eligible for retail development. The Secretary explained that the study was to look at two possible development scenarios: a worst case scenario and a probable case scenario. He explained that the City solicited proposals from Bennett- Ringrose- Wolsfeld and from Short - Elliott- Hendrickson and that Short - Elliott was selected to do the study. He added that, in developing the probable scenario for future development in the study area, City staff met with key area developers to discuss with them what development was likely to occur. The Secretary then turned the presentation over to representatives from Short- Elliott- Hendrickson. Mr. Bob Byers of SEH explained that staff gathered land use data on a parcel -by- parcel basis which was used to establish the development scenarios. He stated that SEH then established certain traffic zones to analyze traffic. Mr. Byers showed an overhead transparency of the traffic zones for the Commission, pointing out some major roadways. He also reviewed with the Commission the roadway etwork h' y which established the various intersections within the traffic affi e study and the destination points and linkages within the study area. He stated that SEH had generated traffic counts for various intersections in the traffic analysis based on the traffic patterns arrived at by staff and SEH. He stated that traffic counts were compared with existing traffic counts and some assumptions were adjusted to bring the traffic counts into close alignment. Based on these revised assumptions, traffic for the probable development scenario was projected. Finally, he said, from these traffic projections for the probable scenario, impacts on the levels of service for various intersections were estimated. The needed improvements to the roadway network could be considered from these impacts on the level of service. Mr. Glen Van Wormer of SEH then showed the Commission a transparency of a typical intersection with traffic counts for the various movements through the intersection. Chairman Lucht asked whether this represented the quantity of cars going through the intersection per hour. Mr. Van Wormer responded that it was a peak hour traffic projection, not an average hour. Mr. Van Wormer then reviewed with the Commission the various levels of service, A through F, which represent declining evels of service. Each level of service, e, he explained, represents more P difficulty in moving through an intersection because of increased traffic levels. He then showed the Commission the traffic counts for Shingle Creek Parkway and Summit Drive based on the projected development scenario. He stated that the 4:00 to 6:00 p.m. peak hour level of service would be F (unacceptable) . He stated that the traffic problems resulting at this intersection from full development would result in some diversion of traffic to other routes and the need for some improvements to increase the capacity of the intersection. He stated that he and Mr. Byers were presently studying the capacity of the various intersections in the study area under the probable development scenario. He concluded by saying that the traffic study will enable the City to analyze the impact of the respective developments on the level of service at various intersections in the traffic system. In answer to questions from Chairman Lucht, the Secretary and the Planner explained that the probable development scenario included Target and office buildings planned or under construction and that it was a fully developed scenario with no vacant land remaining. The Secretary stated that one of the jobs of the Commission in the 'future would be to decide how to address the impact of future development on the roadway network. He stated that some ordinance amendments relating to traffic impacts might be in order. 4 -11 -85 -3- Commissioner Nelson asked whether anything was unmanageable with the two different scenarios. Mr. Van Wormer answered that the intersection at Summit Drive and Shingle Creek Parkway and the intersection at County Road 10 and Shingle Creek Parkway would be a problem under the probable scenario. He stated that under the worst case scenario a number of intersections become difficult. Commissioner Sandstrom pointed out problems on Brooklyn Boulevard now. Mr. Van Wormer acknowledged this and stated that the purpose of the study was to try to anticipate the problems of future developments before they occur in order to make accommodation ahead of time. The Secretary stated that the traffic study would not tell the City what to do in terms of land use, but would be a source of information in helping to make those decisions. Director of Public Works Sy Knapp then reviewed various aspects of the study with the Commission. He stated that the land use forecasts had been developed in consultation with major area developers. He stated that actual development would not necessarily follow the scenarios, but that they are a good first guess, that they represent a consensus between staff and developers as to what is likely to occur. He stated that knowing the possible need for future improvements to intersections will help the City work with landowners to reserve the necessary right -of -way for street widenings or lane modifications. Regarding the level of service projections, he stated that the City, with the information from the consultant, already knows that some intersections will need to be improved even under the probable scenario. He explained that the benefits of various types of development must be weighed against the costs, in terms of traffic improvements, and other things that that type of develoment will incur. He acknowledged that traffic analysis is only one part of making land use decisions, but he concluded by saying that it is an important part and should be used to help plan future development. Commissioner Nelson asked whether the probable and worst case scenarios were similar in terms of overall development intensity. The Secretary answered that the two scenarios in the case of some parcels were exactly the same, but that in the case of other parcels there was a big difference. He pointed out that the traffic analysis would look at both the 4:00 to 6:00 p.m. peak hour traffic volumes and the 6:00 to 8:00 p.m. peak hour traffic volumes. He noted that there are different types of traffic at the given intersections going in different directions at various times. He explained that both peak hours could be problems, but for different reasons. Chairman Lucht concluded that the probable scenario can probably be managed, but that the worst case scenario would be difficult to manage. Mr. Van Wormer agreed generally, stating that there are limits to what can be done to accommodate traffic. Commissioner Sandstrom stated that new development contributes to the community's tax base and in other important ways. He stated that it was the duty of the City to accommodate the traffic resulting from full development of the City. Mr. Van Wormer explained that there are limits to the amount of traffic that can be managed in a given area and that development must be accountable to those limits. He stated that traffic was only one consideration in making land use decisions, but that it was an important one. The Secretary used an analogy of having so many "chips" which are used up, to varying degrees, with each development. He stated that it was important to realize how many chips one had and not to use them all up with the first development that comes along. ADJOURNMENT 4 -11 -85 -4- Motion by Commissioner Sandstrom seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:57 p.m. Chairman I 4 -11 -85 - 5- r Planning Commission Information Sheet Application No. 85006 Applicant: New Horizon Enterprises Location: 6000 Earle Brown Drive Request: Special Use Permit The applicant requests special use permit approval to operate a day care center in the Park Nicollet Medical Center building at 6000 Earle Brown Drive. The property in question is zoned C2 and is bounded on the north by Earle Brown Drive, on the east by vacant C2 zoned property,on the southeast by Highway 100, and on the west by Summit Drive. Day care centers are classified as a special use in the C2 zoning district and are subject to certain special standards and requirements (see Sections 35 -322 and 35 -412, attached). The applicant, Ms. Sue Dunkley, has submitted a letter (attached) in which she addresses the general standards for special use permits and the special standards for day care centers in the C2 zoning district. Ms. Dunkley explains that the day care operation will be in operation only on weekdays. She states that the operation would involve less traffic than other permitted uses and would, therefore, benefit surrounding property. She also states that the design and layout of the interior and exterior of the center would allow it to blend with other uses and not impede normal and orderly development. Regarding traffic and parking, she states that adequate measures exist on the site already and that she would like to have six "Parent Parking" signs next to handicapped parking for convenience in dropping children off and picking them up. In response to the standards pertaining specifically to day care centers, Ms. Dunkley states that the day care center is compatible with adjacent uses, will be an asset to adjacent uses, and will be of less intensity with respect to activity levels. She states that traffic will be within the capacity of available public facilities and will not have an adverse impact on the facilities or the surrounding area. Ms. Dunkley also states that traffic generated by other uses on the site will not pose a danger to children attending the .day care center. She explains that, under State law, children must be signed in and out by their parents. Children will, therefore, be accompanied by their parents in the parking lot area. She also notes that the fire exit from the playground will lead away from the parking lot. She concludes the letter by comparing the parking and traffic impact of the day care center with a retail use of the property and maintains that it would be much less. Staff agree that both the general standards for special use permits and the specific standards pertaining to day care centers can be met in this case. The concerns raised in the Zoning Ordinance go in two different directions. On the one hand, the general standards applying to special uses aim at containing or mitigating the impact of land uses that are more intense than those normally found in the district. The specific standards relating to day care centers, on the other hand, are aimed more at limiting the impact of the surrounding district on the day care center. This has to be done not by chan the district, but by arranging the site and operation of the day center so that the impacts of the surrounding com- mercial uses are minimized. The concerns with this application are primarily related to automobiles. How many will there be during peak periods? Dill the safety of the children be affected by the confluence of day care and clinic traffic? Is the outside play area adequately segregated from traffic? 4 -11 -85 -1- Application No. 85006 continued The applicant has stated that the maximum number of cars expected at any one time is only about a half dozen, hence the request for six parent parking signs. The capacity of the day care center is approximately 120 children. Traffic will be fairly steady during the morning and evening peak periods. Staff recommend that the six parking stalls for parents be a condition of approval to facilitate this traffic flow. Staff also accept that the requirement that parents accompany children into and out of the day care center should minimize the risk posed by clinic traffic and day care center traffic. As to the outside play area, the applicant has submitted an architecturally drawn plan of the playground area. Section 35 -412 of the Zoning Ordinance requires that the playground extend at least 60' out from the building (or to the property line, whichever is less), that it not abut a major throughfare, that not more than half its area have an impervious surface, and that it be appropriately separated from parking and driving areas. The plan submitted meets all these requirements. It also provides for sortie additional landscaping around the playground. Specifically, the plans calls for a new 5' 7" wide concrete walk and seven Norway Spruce south of the playground area. A 4' 6" high wood fence to match the existing fence will be placed along the north and south sides of the playground. Also, there will be a 25' x 53' 6" sand lot area within the playground. This, along with some portion of the greenstrip, meets the requirement of 50% non- impervious surface. Staff would recommend a gate on the south side of the playground to insure against the event the northerly escape is unsafe. In general, the application appears to be in order and approval is recommended, subject to at least the following conditions: 1. The permit is issued. to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regu- lations and any violation thereof shall be grounds for revocation. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 5. Six "Parent Parking Only" signs shall be installed at parking spaces near the day care center entrance to facilitate traffic to and from the center. 6. The playground. plan shall be revised prior to consideration by the City Council to provide a gate along the south edge of the playground to allow for the best possible escape from the building and playground in the event of fire. 7. Special Use Permit approval is exclusive of signery which is subject to Chapter 34 of the City Ordinances. 40 4 -11. -5 -2- - f f Level A: Free flow; speed controlled by driver's desires, speed limits, or physical roadway conditions. Level B: Stable flow; operating speeds beginning to be restricted; little or no restric- tions on maneuverability from other vehicles. Level C: Stable flow; speeds and maneuverability more closely restricted. Level D: Approaches unstable flow; tolerable speeds can be maintained but temporary restrictions to flow cause substantial drops in speed. Little freedom to ma- neuver, comfort and convenience low. Level F: Volumes near capacity; speed typically in neighborhood of 30 mph; flog% unstable; stoppages of momentary duration. Level F: Forced flow, low- operating speeds, volumes below capacity; queues formed. M & C NO. 85 -04 April 19, 1985 40 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Earle Brown Days Fireworks and Parade To the Honorable Mayor and City Council: The Earle Brown Days Committee is sponsoring an ambitious number of events this year, and two of the events will have or are requested to have City involvement. The first of these events is the fireworks display. The Committee is asking this year for the City Council to sponsor the fireworks. The cost of the fireworks this year is estimated to be Approximately $3,500. 1-- --.- -. The other event which will have City involvement is the parade. Attached please find a copy of a memorandum from Chief Lindsay regarding parade security and handling of traffic. Chief Lindsay proposes two alternates for your consideration, and both he and I are recommending the second alternate which has an estimated cost of $1,030. If the parade is to be a success and it appears in terms of participation of bands and other vehicles it will be, the most important aspect after that is the parade security. Recent court cases have indicated if this security is not handled properly, the City can be open for lawsuits. The Chief has developed a very thorough plan for handling parade security and traffic in consideration of our liability exposure. Neither of these items were budgeted for in the 1985 Budget. If the Council wishes to accommodate and finance these requests, I would suggest the Liquor Funds be used to finance the fireworks and Contingency Appropriation to finance the parade security. Respectfully subnk Gerald G. Splinter City Manager enc. J MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Polic DATE: April 18, 1985 / SUBJECT: Parade Security At your request I have prepared costs related to providing security for the Earle Brown Days parade. The parade committee has stated the parade route will start on Northway Drive west of Jerry's Super Valu, proceed up Xerxes to Freeway Boulevard, terminating at the Plaza II building. The police staff has prepared two options for consideration. The first option would utilize department personnel at all locations. A large amount of overtime would be required to fund this option. Rental barricades would be used to reduce the number of officers required. This option is esti- mated to cost approximately $1,766.00. Option number two would utilize supervisors for overall control and police officers at key locations. To supplement the Police officers we used uniformed private security officers. Rental barricades were also included in this option. This option is estimated to cost $1,030.00. The estimated costs are for over and above the on -duty compli- ment of personnel. No costs were computed for department equipment use or labor costs for administrative management personnel. EARLE BROWN DAYS June 27, 1985 Parade Options Option 1 Option 2 Explanations Barricades (60) Safety Flare $ 110.00 $ 110.00 $1.70 ea day with sign 4 officers with squads 325.00 325.00 $80.83 ea 4 hrs at patrol rate (OT) Intersection Posts (18) Sergeant (1) 91.00 91.00 4 hrs at Sgt rate (OT) Patrol (14) 1,132.00 $80.83 ea 4 hrs at CEO (3) 108.00 patrol rate (OT) Spartan Security (18) $36.00 ea 4 hrs at top CEO rate 504.00 $7 /hr X 4 hr X 18 men TOTALS $1,766.00 $1,030.00 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WESTWOOD PLANNING AND ENGINEERING COMPANY FOR CONSULTING SERVICES RELATED TO LANDSCAPE IMPROVEMENTS ALONG C.S.A.H. 10 AND XERXES AVENUE NO. -------------------------------------------------- BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the proposal submitted by Westwood Planning and Engineering Company to provide consulting services related to the development of landscape improvements along C.S.A.H. 1% and Xerxes Avenue North at a total cost of $3,000.00 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into agreement with Westwood Planning and Engineering Company for said services. The financing of said costs shall be through appropriation from M.S.A. Fund Balance No. 2611. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. f CITY 6301 SHINGLE CREEK PARKWAY B R00 0 K ' LY'N BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 19, 1985 RE: Landscape Improvements - C.S.A.H. 10, Xerxes Avenue North In conjunction with the proposed Xerxes Avenue improvements, and the Year 2000 study, we have discussed the concept of landscape improvements along the C.S.A.H. 10 and Xerxes Avenue North rights of way. Included in the discussions were: (1) potential for landscape plantings; (2) development of an ornamental lighting concept; and (3) the installation of architectural structures (i.e. planters, benches, etc.). We have asked Tim Erkkila of Westwood Planning and Engineering Company to submit a proposal to provide consulting services relating to the proposed improvements. In response, Tim has submitted a proposal to provide the necessary consulting services (see attached) at a cost of $1,400.00 for C.S.A.H. 10 and $1,600.00 for Xerxes Avenue. At this time we are not proposing to include any of the improvements into the current project. However, if an acceptable plan for ornamental lighting is developed, we would propose to install conduits under Xerxes Avenue prior to the resurfacing project. It is recommended that the proposal be discussed with the City Council at its April 22 meeting. A resolution accepting the firm's proposal is submitted for City Council consideration. Recommended for Approval, Sy Knapp ° SK:jn� „ 7lie $osscat m ale „ 4. WESTWOOD PLANNING & ENGINEERING COMPANY April 17, 1985 Mr. Sy Knapp, Director Public Works 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: County Road 10 and Xerxes Streetscape Concept This letter is Westwood Planning & Engineering Company's proposal(s) for landscape architectural planning and design services for the project on County Road 10 and the one on Xerxes. You may consider the proposals as separate although they are included in a singular communication. SERVICES OF WESTWOOD PLANNING & ENGINEERING COMPANY The following services shall be provided on either or both projects: 1. Pick up project base maps, as built plans or other data as available for the study area which shows the lawn areas available for improvement. The study areas are County Road 10 (Brooklyn Boulevard to Highway 100) and Xerxes (County Road 10 to I -94). Prepare project base map for planning purposes. 2. Evaluate planting opportunities within the right -of -way developing a planting concept for client review. 3. Evaluate lighting conditions within the right -of -way developing a lighting concept for client review. This shall include a determination of conduit locations. 4. Prepare a preliminary planting list and cost estimates. 5. Prepare a set of light fixture recommendations. 6. Provide a detail sketch of a typical planting situation. The following specific services are expected: Xerxes - work through step 3 (conduit locations) shall be completed prior to May 20th. County Road 10 - work shall be processed as time allows. 7415 WAYZATA BOULEVARD, MINNEAPOLIS, MINNESOTA 55426 (612) 5460155 April 17, 1985 Mr. Sy Knapp Page 2. COST OF SERVICES The cost for these services shall not exceed $1,400.00 for County Road 10 and $1,600.00 for Xerxes Avenue. If the client can provide a reproducible base map of either site it shall reduce the cost by $175.00 for County Road 10 and $225.00 for Xerxes. A suitable base map shall be any base map which the consultant c4,n draw on directly which the client will accept. We shall initiate work upon verbal instructions to proceed but shall expect a written note of authorization. Thank you for contacting us. Sincerely, WESTWOOD PLANNING & ENGINEERING COMPANY CITY OF BROOKLYN CENTER ff • Tim Erkkila, ASLA Vice President, Planning Dean A. Nyquist, Mayor TE /sd Gerald G. Splinter, City Manager Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO PETITION THE COMMISSIONER OF TRANSPORTATION TO GRANT A VARIANCE FROM EXISTING MUNICIPAL STATE AID STANDARDS RELATING TO THE PROPOSED IMPROVEMENT OF XERXES AVENUE NORTH -------------------------------------------------- WHEREAS, the City of Brooklyn Center, Minnesota ro oses p p to improve Xerxes Avenue North (M.S.A.S. 109 -110) between C.S.A.H. 10 and Bridge 27927 over F.A.I. 94 by placement of a bituminous overlay of the roadway surface; and WHEREAS, the existing two lane divided roadway with parallel parking on each side does not conform to current Municipal State Aid Standards for a 2 lane low denisty arterial street with parallel parking on each side; and WHEREAS, the City Council considers it to be in the best interests of the City to cause said improvement to be completed through the expenditure of Municipal State Aid Funds: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the City Manager is '- hereby authorized and directed to petition the Commissioner of Transportation to grant a variance from existing Minnesota Rules, Chapter 8820.9919 relating to street width along Xerxes Avenue North as follows: 1. Special conditions warrant the continuation of use of Xerxes Avenue North between 59th Avenue North and 65th Avenue North as a two lane divided low density arterial street with parallel parking in each direction. 2. Special conditions warrant geometric improvements to the Northbound lanes of Xerxes Avenue from Northway Drive to 59th Avenue North which are not in strict conformance to current Municipal State Aid standards. BE IT FURTHER RESOLVED that the City Manager is directed to provide all necessary supporting information to provide for the timely review of this petition by the Commissioner of Transportation. r RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, toe following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: Sy Knapp, Director of Public Works FROM: Jim Grube, City Engineer DATE: April 19, 1985 RE: Xerxes Avenue North Improvement The City has received notification from the Minnesota Department of Transportation (Municipal State Aid Division) that its proposal for the expenditure of M.S.A. funds for the bituminous overlay of Xerxes Avenue North from C.S.A.H. 10 to F.A.I. 94 must be reviewed by a variance committee to determine funding eligibility. This action is necessary in light of the fact that existing M.S.A. standards do not address a street configuration similar to Xerxes Avenue North between 59th and 65th Avenue North. 4 Specifically, Xerxes Avenue North is a divided two lane street with parallel parking in each direction, said construction made necessary due to the presence of the N.S.P. transmission towers along the street's median. There are no current M.S.A. standards which contemplate such a design, therefore, "special conditions" exist for which the only vehicle of review appears to be the variance procedure. MN /DOT has pointed out that the design would be acceptable if the City designates the street as four lane (two each direction) with no parking. However, staff considers that option unacceptable. As noted in the Engineer's Report presented April 8, our plans also include reconstruction of the transitional area between Northway Drive and 59th Avenue, thereby providing for the orderly transition of traffic from a two lane, no parking condition to a one lane, parallel parking condition. MN /DOT has advised us that this detail also requires approval via the variance procedure. Based upon MN /DOT inability to adminstratively approve the City's proposal and the City's reluctance to eliminate parking along the route, the variance procedure appears to be the only alternative. MN /DOT has estimated that such a procedure could take up to 60 days, however staff is confident that the project could be completed in 1985 if the procedure does not extend beyond 60 days. At this point, we recommend that the Council continue the public hearing process. Respectfully submitted, Recommended for Approval, Jim / Grube Sir, Knapp l JNG : j,� Licenses to be approved by the City Council on April 22, 1985 C� ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Fire Dept. 6301 Shingle Cr. Pkwy. Garden City School 3501 65th Ave. N. Sanitarian MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. City Clerk '- RENTAL DWELLING LICENSE Initial: John & Cyndie Hoisve 6337 Dupont Ave. N. Terry Hartmann 6827 Fremont Place Robert & Carolyn Green 3607 Woodbine Lane M.B.L. Investment Co. 3613 47th Ave. N. Renewal: James & Bobbie Simons 6109, 11, 13 Beard Ave. N. Earl James Backer 7018 Brooklyn Blvd. Marvin C. Brieland 7229 Camden Ave. N. Thomas B. Egan 5239, 41 Drew Ave. N. A. Elie, T. Elie, C. Berg 5240 Drew Ave. N. Gerald L. Ratliff 5525 James Ave. N. Gary & Nikki Linder 5715 Knox Ave. N. Robert C. Slind 5312 Morgan Ave. N. Gerald & Elaine Theis 6719 Toledo Ave. N. Michael M. Schmidt 6813 Toledo Ave. N. Quality Investment Co. 3513 47th Ave. N. Donald E. Sobania 3701 47th Ave. N. Nordic Properties 3713 47th Ave. N: L.H. Hanggi 3725 47th Ave. N. Ed Krzesowiak 3001, 07 51st Ave. N. L. A. Beisner 2816 67th Lane J. J. Barnett 2926 68th Lane J. J. Barnett 2830 68th Lane J. J. Barnett 2934 68th Lane J. J. Barnett 3938 68th Lane Director of Planning and Inspection SPECIAL FOOD HANDLING LICENSE LaBelle's 5925 Earle Brown Dr. c•. Sanitarian SWIMMING POOL LICENSE Four Court Apartments 2836 Northway Drive Northbrook Apartments 1302 69th Ave. N. a\ Northlyn Apartments 6511 Humboldt Ave. N. Sanitarian Ajjh j , TEMPORARY ON -SALE NONINTOXICATING LICENSE Brooklyn Center American Legion Evergreen Park P, .*A-'3"C C i f of Police GENERAL APPROVAL: Gerald G. Splinter, City Clerk