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HomeMy WebLinkAbout1987 10-26 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER OCTOBER 26, 1987 7 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 event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes: *a. October 5, 1987 - Regular Session 7. Resolutions: a. Approving Prelim:"nary Layout Plan for Improvement of County Road 10 between Northway Drive and Shingle Creek Parkway and Designating Said Improvement as Improvement Project No. 1987 -23 -This matter was discussed at the October 5, 1987, Council meeting and tabled, with a request for additional information. A staff report providing this information is submitted for the review and consideration by the City Council. *b. Accepting Proposal for the Installation of a Fuel System at the Centerbrook Golf Course Maintenance Garage (Project No. 1985 -23) *c. Declaring a Public Nuisance and Ordering the Removal of Diseased Shade Trees (Order No. DST 10/26/87) *d. Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) Dump Truck - Appropriation in 1988 budget. e. Recognizing the Achievement of Fred Armbruster -Mr. Armbruster has swum 500 miles in the community center pool. *f. Approving Specifications and Authorizing Advertisement for Bids for Delivery of Four (4) Patrol Vehicles - Appropriation in 1988 budget. CITY COUNCIL AGENDA -2- October 26, 1987 g. Approving Acquisition of a Portion of Outlot A, Bellvue Acres Addition -This land is located just north of 5450 Lyndale Avenue North. h. Ordering a Public Hearing on a Resolution of Intent to Organize Collection of Refuse within the City of Brooklyn Center and Inviting the Participation of Interested Persons in Planning and Establishing the Organized Collection System *i. Authorizing a Project under Minnesota Statutes 462C and the Issuance of First Mortgage Elderly Housing Revenue Bonds to Finance the Project (Maranatha Housing Project) 8. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling -This ordinance was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading. 0 b. An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments -This item was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading. C. An Ordinance Amending Chapter 35 of the City Ordinances to Allow Certain Instructional Uses in the Cl and C1A Zones -This item was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading. d. An Ordinance Vacating Part of a Drainage and Utility Easement Along the Northerly Lot Line of Lot 3, Block 3, Donnay's Brook Lyn Gardens Fourth Addition -This item was first read on September 1, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading. e. An Ordinance Amending Chapter 25 Changing the Name of County State Aid Highway No. 10 between Trunk Highway No. 100 and the West Corporate Limit to Bass Lake Road -This item is offered for a first reading this evening. CITY COUNCIL AGENDA -3- October 26, 1987 9. Planning Commission Items: (8 p.m.) a. Planning Commission Application No. 87025 submitted by John Ditzler requesting preliminary plat approval to subdivide into a lot and an out lot the parcel of land between 701 and 711 69th Avenue North. This item was recommended for approval by the Planning Commission at its October 15, 1987, meeting. b. Planning Commission Application No. 87012 submitted by Bill Kelly House requesting a special use permit to operate a residential treatment facility for mentally ill and chemically dependent adults at 5240 Drew Avenue North. -This item was originally considered by the Planning Commission at its July 16, 1987, meeting and tabled. It was also considered and tabled at the August 13, 1987, meeting. This item was recommended for denial by the Planning Commission at its September 3, 1987 meeting. A public hearing was opened at the September 14, 1987, City Council meeting, continued to the October 5, 1987, City Council meeting and also to this evening's meeting. 1. Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Adult Halfway Houses, Community -Based Residential Facilities and Similar Uses within the City -This ordinance was first read on October 5, 1987, published in the City's official newspaper on October 15, 1987, and is offered this evening for a second reading. (8 p.m.) 10. Discussion of Specified Licenses: a. Gambling License - Duoos Brothers American Legion b. Class D Liquor License - LaCasita *11. Licenses 12. 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 OCTOBER 5, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Scott. 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 noted City staff had requested item 9d be removed from the consent agenda. He inquired if any Councilmembers requested any items removed from the consent agenda. No other requests were made. APPROVAL OF MINUTES - SEPTEMBER 1 1987 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the September 1, 1987, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - SEPTEMBER 9 1987 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the September 9, 1987, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - SEPTEMBER 14 1987 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the September 14, 1987, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - SEPTEMBER 16 1987 - SPECIAL SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the September 16, 1987, City Council meeting. The motion passed unanimously. 10 -5 -87 -1- Y RESOLUTIONS RESOLUTION NO. 87 -185 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST10 /05/87) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -186 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE A GRANT AGREEMENT WITH THE METROPOLITAN COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION 87 -187 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE JOINT COOPERATION AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICE LICENSE - OPERATOR United Artists Communications, Inc. 5810 Shingle Creek Pkwy. COMMERCIAL KENNEL LICENSE Brooklyn Pet Hospital 4902 France Ave. N. FOOD ESTABLISHMENT LICENSE Vincent's Chocolates 6030 Xerxes Ave. N. MECHANICAL SYSTEMS LICENSE Otto's, Inc. P. 0. Box 435 Viking Heating & Air Cond. Co. P. 0. Box 713 The motion passed unanimously. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY (EDA) MEETING There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to recess the City Council meeting to allow for an Economic Development Authority meeting. The motion passed unanimously. The Brooklyn Center City Council recessed at 7:08 p.m. 10 -5 -87 -2- RECONVENE CITY COUNCIL MEETING The City Council reconvened at 7:21 p.m. RESOLUTIONS (CONTINUED) RESOLUTION NO. 87 -188 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1988 BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -189 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1988 BUDGET APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -190 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING A ONE -THIRD MILL LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 462.411 THROUGH 462.711, OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1988 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Approving Preliminary Layout Plan for Improvement of County Road 10 between Northway Drive and Shingle Creek Parkway. The Director of Public Works stated the City Council requested Hennepin County to consider this project as a high priority improvement for 1987. He noted the County recently contacted City staff regarding a layout plan and proposed improvement project. He noted this proposed plan was for the construction of a double turn lane beginning at Northway Drive eastward to Shingle Creek Parkway. He noted the County's current plan is to replace the existing bridge across Shingle Creek with a triple box culvert which would be continuous across the entire width of County Road 10, including the area where the City's existing pedestrian /water main bridge is located. He briefly reviewed the four reasons why staff feels it is desirable to use culverts to replace the bridge. The Director of Public Works went on to review some slides which showed the end wall and railing design alternative. He added the City would be working with Northern States Power for an estimate on moving the distribution line from the center median. He noted at this time it appears it may cost approximately $60,000. Councilmember Lhotka inquired if that would be a City cost or if NSP would pay for this. The Director of Public Works stated this cost would have to be paid by the City. Councilmember Lhotka inquired why the distribution lines would be put underground. The Director of Public Works stated it would be for aesthetic reasons only. 10 -5 -87 -3- The Director of Public Works went on to review the estimated costs to the City and the time requirements for construction. He stated staff believes it would be best to carry traffic through the project via a series of temporary bypasses, even though it would mean an additional cost and extended construction time. A brief discussion then ensued regarding the existing water main and its location beneath the pedestrian bridge. Other alternatives were reviewed for this portion of the project, and Councilmember Lhotka inquired as to the condition of the existing pedestrian bridge. The Director of Public Works noted that structurally the bridge is very sound but it creates a handicap obstruction. He noted the grade is too steep for it to be handicap accessible. Councilmember Lhotka inquired when this proposed improvement has to be approved by the City Council. The Director of Public Works stated it would be possible to hold this item over until the October 26, 1987, City Council meeting. He pointed out the fact that he has recently been notified there is some discussion about delaying this project to a later date due to a shortage of funding. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to table the Resolution Approving Preliminary Layout Plan for Improvement of County Road 10 between Northway Drive and Shingle Creek Parkway until the October 26, 1987, City Council meeting. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 87020 SUBMITTED BY LACASITA RESTAURANT REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO BUILD A SOLARIUM ADDITION TO THE RESTAURANT AT 2101 FREEWAY BOULEVARD The City Manager noted this item was recommended for approval by the Planning Commission at its September 24, 1987, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages one and two of the September 24, 1987, Planning Commission minutes and the attached informational sheet with those minutes. He noted the proposed remodeling would not result in any seating changes. He noted the building is now under renovation with the exception of the solarium addition. He stated the Planning Commission recommended approval of this application subject to six conditions which he reviewed for the Council. He stated a public hearing has been scheduled this evening and notices have been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87020 submitted by LaCasita Restaurant. He inquired if there was anyone present 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 Lhotka and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 87020 submitted by LaCasita Restaurant. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Planning Commission Application No. 87020 submitted by LaCasita Restaurant requesting site and building plan and special use permit approval to 10 -5 -87 0 -4- ,l build a solarium addition to the restaurant at 2101 Freeway Boulevard 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. The addition shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 3. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 4. B612 curb and gutter shall be provided around all parking and driving areas. 5. 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. 6. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 87021 SUBMITTED BY FIRESTONE CAR RENTAL INC. REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT A CAR RENTAL OPERATION AT THE FIRESTONE SERVICE CENTER 5445 XERXES AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its September 24, 1987, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages two and three of the September 24, 1987, Planning Commission minutes and the attached informational sheet with those minutes. He noted most of the rental cars would be delivered throughout the twin city metro area. He stated the applicant does not intend to have a large number of cars on site and noted most likely there would be between five and eight cars on the site. He went on to review the revised parking plan and noted staff foresees no major parking problem on the site with the retail operation within the building being discontinued. He noted the Planning Commission recommended approval of this item subject to three conditions which he reviewed for the Council. He stated a public hearing has been scheduled for this evening and the proper notices have been sent. Councilmember Scott inquired if a condition could be added regulating the number of rental cars allowed on the site. The Director of Planning and Inspection stated this would be possible. Councilmember Lhotka inquired as to the number of additional employees for the car rental operation. The Director of Planning and Inspection stated there would be one employee for the car rental operation. He added if the Council so wished he would suggest amending condition No. 3 to state that no more than eight rental cars could be stored at one time at this location. 10 -5 -87 -5- Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87021 submitted by Firestone Car Rental, Inc. He inquired if there was anyone present 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 Hawes and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 87021 submitted by Firestone Car Rental, Inc. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 87021 submitted by Firestone Car Rental, Inc. requesting special use permit approval to conduct a car rental operation at the Firestone Service Center, 5445 Xerxes Avenue North, subject to the following conditions: 1. The owner of the property shall agree in writing that the former retail area within the building may be used for the display of tires, batteries and accessories only and shall not resume its use as a retail store for appliances and equipment as long as the car rental business is in operation at the premises. 2. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The area for rental car storage shall be limited to the front of the former retail store and shall be signed for rental car storage. No more than eight rental cars shall be stored in this location at one time. The motion passed unanimously. RECESS The Brooklyn Center City Council Y y recessed at 8:28 p.m, and reconvened at 8:43 p.m. The City Manager presented a Resolution Approving Proposal for Engineering g g Services Relating to Relocation of Storm Sewer between Lots 46 and 47, Block 6, Pearson's Northport 3rd Addition. He noted the house located at 5806 Halifax Avenue North is located on top of the existing storm sewer. He stated it is staff's recommendation that a study be completed to evaluate the feasibility for relocating this facility and to develop a preliminary plan and cost estimate. The Director of Public Works stated he would like to point out in the proposed resolution there is an error on item No. 4. He noted it should state "there is appropriated the sum of $2,500 from the Municipal State Aid Fund No. 2600 fund balance to pay the cost of consulting services ". He went on to review the proposed procedure for correcting this problem. Councilmember Lhotka inquired what staff is doing at this point to prevent this problem from occurring again. The Director of Public Works stated he feels the procedures used by staff at this time have improved greatly since the time of this construction. The Director of Public Works stated he felt the City ouncil should consider r the 10 -5 -87 -6- entire package at one meeting and would suggest doing so at the November 9, 1987, City Council meeting. RESOLUTION NO. 87 -191 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSAL FOR ENGINEERING SERVICE RELATING TO RELOCATION OF STORM SEWER BETWEEN LOTS 46 AND 47, BLOCK 6, PEARSON'S NORTHPORT 3RD ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Vacating Portions of the Public Utility Easements Located on Lots 46 and 47, Block 6, Pearson's Northport 3rd Addition. He noted this ordinance also pertains to the resolution just passed by the Council. He stated this ordinance is being read for the first time and it is anticipated the second reading would be held on November 9, 1987. There was a motion by Councilmember Lhotka and seconded iv Councilmember Scott to approve for first reading An Ordinance Vacating Portions of the Public Utility Easements Located on Lot 46 and 47, Block 6, Pearson's Northport 3rd Addition and setting a public hearing date for November 9, 1987, at 7:30 p.m. The motion passed unanimously. PLANNING COMMISSION ITEMS (CONTINUED) PLANNING COMMISSION APPLICATION NO. 87012 SUBMITTED BY BILL KELLY HOUSE REQUESTING A SPECIAL USE PERMIT TO OPERATE A RESIDENTIAL TREATMENT FACILITY FOR MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS AT 5240 DREW AVENUE NORTH The City Manager noted this item was originally considered by the Planning Commission at its July 16, 1987, meeting and tabled. It was also considered and tabled by the Commission at their August 13, 1987, meeting. He added this item was recommended for denial by the Planning Commission at its September 3, 1987, meeting. A public hearing was then opened at the September 14, 1987, City Council meeting and continued to this evening's meeting. Mayor Nyquist noted that a number of questions and concerns had been raised by the City Council at the September 14, 1987, City Council meeting, and he asked the City Manager to review these questions and concerns and the answers he had received. The City Manager then gave a brief review of all the questions and concerns raised and the answers which he had received. Mayor Nyquist noted in the September 22, 1987, letter from Mr. Phillips to the City Attorney, there are several distortions, one of them being the statement that he flatly refused to meet with Mr. Phillips' clients. He noted there are other concerns with materials submitted by the applicant regarding the questions and concerns from the September 14, 1987, City Council meeting. He noted that Mr. Bamberry, manager of Rule 36 programs in the mental health division of the Department of Human Services, has stated that clients do not have to be chemically dependent to be involved in Rule 36 program. However, the applicants' admission requirements state that a client must have chemical dependency problems. He stated after reviewing all materials submitted, 10 -5 -87 -7- I especially with regard to the critical issues such as property values, there is actually no evidence regarding this particular application. He noted most studies regarding property values are for residences with less clients than the one being proposed and also for residences where there are no chemical dependency problems. He stated he does not see the relevance of these studies to this particular case. Councilmember Hawes inquired if the mentally ill are held legally responsible for their actions, and if they are not held responsible, who is. Councilmember Scott stated she has some concerns regarding the admission criteria especially with regard to item A where it states the applicant must have a dual diagnosis of mental illness and chemical dependency /chemical abuse. She noted under the discharge criteria it is noted residents may also be transferred for violence toward others, suicide attempts, physical health, etc. Councilmember Theis stated the intent of the legislature is very unclear in this matter. He noted the City is mandated to allow facilities for up to 16 residents without adding any conditions. He noted it leaves the City in a gray area when it comes to facilities for up to 23 residents. He stated he would like the staff and Bill Kelly House representatives to have negotiations working towards acceptable conditions for the special use permit. Councilmember Lhotka inquired of the applicant their opinion of the suggested conditions. The City Manager read the list of suggested conditions for the applicants and the audience. Mayor Nyquist recognized Susan Lentz, attorney with the Legal Aid Society of Minneapolis. She stated some of the suggested conditions would be acceptable to the applicant, some suggested conditions need modifications, and other ones would be considered totally unacceptable. She went on to briefly review the conditions which the applicant would have problems agreeing to. Mayor Nyquist inquired if the Bill Kelly program can turn down referrals from the criminal justice system. Mr. Henry Norton stated these type of referrals can be turned down. Councilmember Theis stated he would like to place conditions on the special use permit which would tie the applicant to the program which they have presented to the City. He inquired of the City Manager what the time frame was for approval or denial of this application. The City Manager stated the deadline is approximately October 23 or October 24, 1987. Councilmember Lhotka inquired if the time period can be interrupted if it is agreed to by both parties. The City Manager stated the time period could be extended if both parties agree, or the other alternative would be to place a moratorium on the issue. A brief discussion then ensued regarding the moratorium issue, and the City Attorney stated it now appears the moratorium issue may need only a simple majority to pass instead of the four to one vote which was previously noted. He stated he would like to investigate this further. He noted the other alternative to a moratorium would be simply to not act on the issue at all before the time clock runs out. He stated in doing so the court could not compel the City to approve the application only to act upon the application. He added the moratorium resolution would become effective immediately and would stop the time clock. i Ms. Lentz stated she and Mr. Phillips had contacted the City Attorney several times regarding meeting to discuss the suggested conditions. She noted no meeting was ever held but that she was willing to meet with the City Attorney i 10 -5 -87 -8- tonight, tomorrow, or whenever possible to discuss the suggested conditions. She added that she and the Bill Kelly House representatives would like to resolve this matter in an amicable fashion but are prepared to do whatever is necessary to resolve this issue in a timely fashion. Councilmember Theis stated there have been a number of conflicting statements regarding this application and noted he cannot act on something that is still up in the air. He stated he does not feel a moratorium is a denial of the application, but it would only be used to allow the Council more time to distinguish answers to all questions. He added that he is not advocating a moratorium at this time. Mayor Nyquist recognized Mr. Felix Phillips, attorney for the applicant. Mr. Phillips stated he had two witnesses which he would like to speak before the City Council adjourned. Mayor Nyquist inquired what type of questions Mr. Phillips would be asking of these people. Mr. Phillips stated he would be asking their medical opinions regarding clients and the difference between mentally ill residents and other residents. Mr. Phillips then introduced Hillary Sandahl, staff psychiatrist for the Hennepin County Medical Center. She stated she has been referring clients to the Bill Kelly House since May of 1985. She noted she would state without hesitation there is no reason for anyone to be afraid of the Bill Kelly House residents. She noted most mentally ill people feel they are safer when they live in a supervised environment. She stated 20% of the mentally ill patients she sees are involved with chemical dependency. She added that generally chemical dependency is a sign of mental illness. Mr. Phillips pointed out the Northwest Residence also has residents who are chemically dependent. Councilmember Theis inquired why the admissions policy for Bill Kelly House states the clients must have a chemical dependency problem. Ms. Sandahl stated she was not the correct person to answer that question but that she would assume it is because they are a specialized facility. Councilmember Hawes inquired if the residents are held accountable for their actions. Councilmember Lhotka left the table at 10 :02 p.m. Ms. Sandahl stated she would assume the residents would be held legally accountable for their actions. Councilmember Hawes inquired if the residents would be able to determine the appropriate type of behavior required of them when facing a situation of harassment. Councilmember Lhotka returned to the table at 10:04 p.m. Ms. Sandahl stated she would assume they would be able to handle the situation properly. Mr. Phillips then introduced Martha Shipp, from Hennepin County, and noted that Ms. Shipp handles the funding for Rule 36 programs. Councilmember Scott inquired if this department actually investigates the facilities or if they only authorize the funding for the facilities. Ms. Shipp stated there are four site visits per year. She noted her department also receives reports from other licensing agencies such as the fire marshal, health department, and building inspector. Councilmember Scott inquired if the four site visits a year were announced visits. Ms. Shipp stated they make both announced and unannounced 10 -5 -87 -9- r visits to the facilities. Councilmember Lhotka inquired what her department would look for when going out to the facilities. Ms. Shipp stated her department monitors the contract requirements to ensure that the facility is running according to the contract. Councilmember Theis inquired if Ms. Shipp was involved with the decision regarding the number of residents for this facility. Ms. Shipp stated she was on staff but that Rule 36 states a facility may have 25 or less clients. A discussion then ensued regarding the conditions which could be placed on the special use permit, and it was noted the conditions would have to be consistent with State and County regulations and guidelines. Ms. Lentz stated payment of the attorney's fees were recently awarded in the Fridley case. She noted that denial of this permit is also a denial of human, constitutional and statutory rights. Councilmember Theis stated he does not feel that a moratorium is a denial of constitutional or statutory rights. Mr. Phillips stated he believes he and his client have presented everything which is possible to allow the Council to make a decision. Councilmember Hawes inquired if this issue were to go to court, and the City were to win the case, could the City collect the attorney's fees from the applicant. The City Attorney stated it would be very extraordinary if the attorney's fees were awarded to the City and that he would not expect this to happen. Mayor Nyquist inquired if the Council votes on the moratorium issue, should the public hearing be closed. The City Attorney stated there are not any ground rules pertaining to the Mayor's question but added he could see little reason to close the public hearing. Councilmember Theis inquired if when the original ordinance was adopted did it address these types of uses. The City Attorney stated he was not with the City when the original ordinance was adopted, however, he noted the original ordinance does address boarding care facilities. Councilmember Theis inquired if the ordinance could be made clearer. The City Attorney stated the ordinance could be more clear, but all facilities would have to be reviewed in order to point to areas that need clarification. The City Manager stated there is no doubt that there are inconsistencies within the original ordinance. He noted regardless of the action taken on this particular application, he would recommend review of this ordinance. Councilmember Theis stated unless there is more input from the audience he would like the applicant to work with City staff on conditions that are acceptable to all parties involved. He suggested the Council should also take the first step towards the moratorium in case an agreement cannot be reached. A brief discussion then ensued regarding the suggested conditions. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka directing staff to work with the applicant regarding conditions for the proposed special use permit and to allow residents in the area to respond to the suggested conditions. Mayor Nyquist inquired if the applicant would be willing to extend the time period by four days. Mr. Phillips stated Mr. Norton will agree to the four day extension if it will allow for this issue to be completed. 10 -5 -87 -10- Upon vote being taken on the foregoing motion, the motion passed unanimously. Mayor Nyquist inquired what the Council's position was on the moratorium issue. Councilmember Theis inquired if it is necessary to pass the moratorium issue since a four day extension has been agreed upon. The City Attorney stated it is not absolutely necessary to pass the moratorium issue this evening, but a first reading could be held on the moratorium ordinance to hold all options open for the City. Councilmember Theis stated he is not advocating a moratorium, but he would like to hold all options open for the City. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve for first reading An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Adult Halfway Houses, Community -Based Residential Facilities, and Similar Uses within the City. The motion passed unanimously. REQUEST FOR AN EXECUTIVE SESSION OF THE CITY COUNCIL TO COVER LESCAULT VS CITY OF BROOKLYN CENTER LAWSUIT AND LOCAL 49 LOCAL ISSUES NEGOTIATIONS The City Manager noted staff is requesting an executive session to discuss the Lescault lawsuit and the Local 49 issues negotiations. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to hold an executive session of the City Council to cover Lescault vs. City of Brooklyn Center lawsuit and Local 49 issues negotiations following adjournment of the City Council meeting. The motion passed unanimously. OTHER BUSINESS The City Manager stated the Council has before them a request to authorize vacation accrual of three weeks, and a 96 hour block of sick leave for the purposes of hiring a new engineering technician IV. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize vacation accrual of three weeks for the first five years of the employees employment with the City, and a 96 hour block of sick leave which can be used in the first year for the purposes of hiring a new engineering technician IV. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10 :55 p.m. City Clerk Mayor 10 -5 -87 -11- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY LAYOUT PLAN FOR IMPROVEMENT OF COUNTY ROAD 10 BETWEEN NORTHWAY DRIVE AND SHINGLE CREEK PARKWAY AND DESIGNATING SAID IMPROVEMENT AS IMPROVEMENT PROJECT NO. 1987 -23 WHEREAS, Brooklyn Center has observed traffic patterns during heavy traffic periods and substantial traffic delays have been noted on County Road 10, adjacent to the Brookdale Shopping Center during the peak holiday shopping season and on a regular basis throughout the year; and WHEREAS, traffic studies conducted by the Hennepin County Department of Transportation have confirmed that a serious traffic congestion problem exists, and that certain improvements should be made to relieve these problems; and WHEREAS, the Hennepin County Department of Transportation has prepared a preliminary layout plan for the improvement of County Road 10 (58th Avenue North) between Northway Drive and Shingle Creek Parkway (Hennepin County Project 8716) and has submitted said plan to the City for review and approval; and WHEREAS, the City Council has reviewed said plan and has determined that the plan meets the needs of the City nd that the proposed design is Y P P g acceptable as proposed; and WHEREAS, the City has been advised that Hennepin County is considering a delay in the construction of this project in conjunction with a reprogramming of their improvement projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said preliminary layout plan is hereby approved by the City of Brooklyn Center. 2. The Director of Public Works is hereby authorized and directed to monitor the development of detailed construction plans and specifications for this project and to cooperate with the Hennepin County Department of Transportation so as to assure that the project details meet the needs of the City of Brooklyn Center. 3. Financial participation in the project by the City of Brooklyn Center will be defined in a cooperative agreement which will be developed and submitted to the City Council for its consideration and approval prior to proceeding with the project. It is the intent of the City Council that the City's costs for relocating the watermain, as required in conjunction with this project, will be charged to the City's Public Utility Fund, and that all other charges incurred by the City in relation to this project will be charged to the Municipal State Aid Street Fund, Account No. 2611. RESOLUTION 4. The proposed project is designated as Improvement Project No. 1987 -23. S. That the City of Brooklyn Center again requests Hennepin County to consider this project as a high priority project and to proceed with construction of the project in 1988. 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 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: October 22, 1987 RE: County Road 10 Improvements In response to questions raised by City Council members at the 10/5/87 Council meeting, the following information is provided: Issue No. 1 Could the scope of the project be reduced, so as to simply widen the existing bridge for Eastbound traffic so as to provide the additional left turn lane (instead of removing both bridges and replacing them with a triple box culvert)? Response Yes, this could be done. However, the decks on both bridges are in poor condition, so that both bridges need to be upgraded within the next few years. Also, the continuing use of bridges will place definite limitations on the County's ability to make future geometric improvements to the roadway, whereas the construction of the box culverts allows much greater flexibility in geometric design of the roadway. In addition, the long -term maintenance costs of the culverts would be substantially lower than they would be for bridges. For these reasons, the Hennepin County Department of Transportation has proposed the use of the culverts. Finally, it should be noted that while the current proposal would interfere with traffic movement during the 3 to 4 month construction period, this would be the only major traffic interference to be expected on this portion of CSAH 10 for the foreseeable future. If, alternatively, the improvements are made on a piecemeal basis (i.e. - bridge widening, bridge deck replacement, other geometric improvements), the overall impact on traffic would be significantly greater. For all of these reasons, City staff recommends that the box culvert proposal be approved. Yv County Road 10 Improvements October 22, 1987 Page two Issue No. 2 Could the box culverts be installed under County Road 10, leaving the existing pedestrian bridge undisturbed? Response: If the "end wall and railing" design for the box culvert installation were chosen, there would be little problem in leaving the pedestrian bridge in place. However, if the conventional tapered -end box culvert design is chosen, there is not enough room between the roadway and the existing pedestrian bridge to allow installation of the tapered end. (The distance between the existing bridges is 15 feet. The width required for installation of a tapered end section including the shoulder width required adjacent to the roadway is 35 feet). Issue No. 3 What is the cost estimate for modifying the existing pedestrian bridge to meet handicap standards? Response: $12,500.00 Issue No. 4 What is the cost estimate for relocation of the watermain as required if the proposed culverts are installed? Could the watermain be relocated over the top of the culverts, instead of below the culverts? And, what are the cost advantages and disadvantages of over vs under? Response: See attached report from Bo Spurrier. He estimates the costs are $32,700 if the watermain is placed over the culverts, and that the costs are $34,000 if the watermain is placed under the culverts. Bo also discusses the "trade- offs" of both alternates. While either alternate is acceptable, we recommend that the watermain be placed under the culvert because we believe this to be a "safer" location. Issue No. 5 Could the existing pedestrian bridge be salvaged and reused somewhere else in the City's trailway system? Response: Yes. While we have not yet identified a specific location where we would recommend that it be used, this bridge is structurally sound and could very probably be incorporated somewhere into our system. Issue No. 6 Will the City ever need to construct a sidewalk along the South side of County Road 10 between Shingle Creek Parkway and Xerxes Avenue? Response: A review of the public sidewalk system in this area (see attached map) would indicate this is a "missing link" since public sidewalks exist on the South side of C.R. 10 both Easterly from Shingle Creek Parkway and Westerly of Xerxes Avenue. County Road 10 Improvements October 22, 1987 Page three However, a review of the City's 1971 Sidewalk Network Plan (copy attached) shows that this segment was deliberately left out of the plan. A review of the current physical configuration of the Brookdale Shopping Center (see aerial photo attached) indicates there is no specific "destination" for pedestrians along the South side of C.R. 10 between Shingle Creek Parkway and Xerxes Avenue; and there is no sidewalk system within Brookdale which would connect to a sidewalk along C.R. 10. Accordingly, it appears that the only two reasons for future construction of a sidewalk in this area are: (1) - to provide a continuous path for the few pedestrians who want to walk this route i.e. - along the Southside of C.R. 10 from East of T.H. 100 to West of Xerxes Avenue and /or (2) to provide a pedestrian walkway to a "detached" facility which could possibly be constructed in what is now the Northerly edge of Brookdale's parking lot. Since the cost of extending the culvert Southerly far enough to allow future construction of a sidewalk is estimated at $10,000; since the need for this facility is very speculative; and since other "creative" solutions could be developed in the future if a need develops; we recommend that this option be rejected at this time. Issue No. 7 Should the City request that an "endwall and railing design" be used on the North end of the proposed culverts, at an estimated cost (to the City) of $100,000 to $150,000, in lieu of the conventional tapered -end section? Response: Slides showing comparable structures using both designs were shown at the 10/5/87 City Council meeting. It is my opinion that the conventional tapered -end section can be made aesthetically pleasing with a minimum expenditure in landscaping materials. Accordingly, I recommend that the City decline this offer. Issue No. 8 What funding sources would be used to pay for the City's share of project costs? Response It is recommended that the costs for relocation of the watermain (estimated cost = $34,000) be charged to the City's Public Utility fund. County Road 10 Improvements October 22, 1987 Page four It is recommended that all other City costs relating to this project be charged to the local Municipal State Aid Street fund. Based on the above recommendations, these costs are summarized as follows: Removal of existing pedestrian bridge (same cost estimate, whether or not this bridge is salvaged for possible future use by the City) _ $ 3,000.00 Culvert extension on Northside to accommodate sidewalk = 10,000.00 Construction of new sidewalk along Northside = 5.000.00 Estimated Total Costs to Municipal State Aid Fund = $18,000.00 Issue No. 9 Should the City consider placing the electrical distribution lines underground at an estimated cost of $60,000? Response: This is an aesthetic consideration. If the Council wishes staff to pursue this matter further, it could be considered on the basis of using local Municipal State Aid Street funds, or on the basis of levying special assessments to abutting properties, or a combination of these funding sources. Issue No. 10 Should the City consider installing landscape improvements on the center island of County Road 10? Response: Again, this is an aesthetic consideration. And the possible sources of funding again include the use of local MSA funds, use of special assessments, or a combination thereof. Recommendation: The attached resolution is submitted for consideration by the City Council. Adoption of this resolution is recommended so as to advise Hennepin County that the City wishes them to proceed with the project and that the City approves the proposed design. No final commitment is made by the City until and unless a Cooperative Agreement is prepared by H.C.D.O.T. and approved by the City Council. Regarding the issues of "undergrounding" the electrical distribution lines and of landscaping the center island, we request direction from the City Council. Respectfully submitted, Note See attached letter ' from H.C.D.O.T. I received �T today. (10/22/87) Sy Kna p, Director of Public Works ' DEPARTMEN T OF TRANSPORTATION 320 Washington Av, South HENNEPIN Hopkins, Minnesota 55343 -8468 LFL ?35 -3381 October 16, 1987 Mr. Sy Knapp Director of Pubic Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota, 55430 CSAH 10, HENNEPIN COUNTY PROJECT 8716 BASS LAKE ROAD FROM NORTHWAY DRIVE TO SHINGLE CREEK PARKWAY Dear Mr. Knapp: During the County budget deliberations, the above referenced project was dropped from the 1988 program. It is currently being reassessed for possible inclusion in the 1989 -1993 program. Please give me a call if you need further information Sincerely, 1 t .. Theodore J. Hd ma Chief De n sig Engineer TJH:mak Note to City Council: This letter was received today. I have contacted Mr. Hoffman to advise him that the City still wishes them to proceed with this project ASAP - i.e. - in 1989, if not in 1988. Mr. Hoffman noted that the total J ro'ect cost estimate p ($420,000) is a matter of concern to them. He advised that H.C.D.O.T. will respond to the City's r solution if and when it is received. HENNEPIN COUNTY an equal opportunity employer CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 B ROOKLYN TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE C ENTER 911 TO: Sy Knapp, Director of Public Wo ks j FROM: H.R. Spurrier, City Engineer DATE: October 13, 1987 RE: Watermain Relocation CSAH 10 at Shingle Creek I have analyzed two alternatives for relocating the 16" watermain to facilitate bridge replacement at CSAH 10 and Shingle Creek. Alternative 1 is an alignment over the proposed culvert and Alternative 2 is an alignment under the proposed culvert. In preparing that analysis I have checked the physical feasibility of the y relocation, determined the general alignment that must be followed, estimated the cost of the relocation, listed the advantages and disadvantages of each alignment and recommended the most desirable alternative. Alternate 1 - Relocation Over the Proposed Box Culvert Tabulated below is the vertical section required to accommodate the relocation over the proposed structure. Section Required Over Box Culvert Pipe OD (including bell) 23.2 inches Insulation 8.0 inches Casing pipe 2.0 inches Structure clearance (Minimum) 6.0 inches TOTAL 39.2 inches = 3.27 feet If the watermain is relocated over the proposed box culvert the grade of the sidewalk must be raised slightly to accommodate the pipe zone needed by the watermain. Regardless of which alternative is selected, approximately 165 lineal feet of 16 inch watermain must be reconstructed. In the case of the relocation over the box culvert, 165 lineal feet is required for the construction of thrust restraint and insulation. Protection from frost is a primary concern for the relocation over the box culvert. All 165 lineal feet of the relocation must be insulated in order to protect the pipe. Additional protection in the form of a metal jacket over the insulation is required for approximately 95 lineal feet to prevent inadvertent damage due to other utility work in the vicinity of the watermain. `r rose ui - rnr � Watermain Relocation CSAH 10 at Shingle Creek October 19, 1987 Page two An Estimate of Relocation Alternative is listed below: Relocation Over Box Culvert Unit & Estimated Estimated Item Description Quantity Unit Cost Cost 1 Mobilize 1 LS $2,000.00 $ 2,000.00 2 Disconnect & Plug 2 LS $2,000.00 4,000.00 3 Remove & Reconstruct 16" 165 LF $ 80.00 13,200.00 4 Blow off Hydrant 1 EA $1,750.00 1,750.00 5 Metal Jacket 95 LF $ 25.00 2,375.00 6 Insulation 165 LF $ 15.00 2,475.00 Subtotal $25,800.00 Contingency 15% 3,900.00 Total Construction $29,700.00 Technical Services 2,700.00 Administration 300.00 Total $32,700.00 Alternative 2 - Relocation Under the Proposed Box Culvert Tabulated below is the vertical section required to accommodate the relocation under the proposed structure. Section Under Proposed Box Culvert Casing pipe 30.0 inches Structure clearance 10.0 inches TOTAL 40.0 inches = 3.33 feet If the watermain was located under the proposed box culvert the section available is unlimited and this would not be a concern. In the case of the relocation under the box culvert the same 165 lineal feet of relocation is required. In this case it is required in order to accommodate a grade change. It is proposed that the watermain be installed in a casing pipe under the box culvert in case the line would ever leak or ever need maintenance or replacement. Watermain Relocation CSAH 10 at Shingle Creek October 19, 1987 Page three An Estimate of Relocation Alternative 2 is listed below: Relocation Under Box Culvert Item Description Quantity Unit Cost Cost 1 Mobilize 1 LS $2,000.00 $ 2,000.00 2 Connect to Exist System 2 LS $1,000.00 2,000.00 3 Remove & Reconstruct 16" 165 LF $ 75.00 12,375.00 4 Blow off Hydrant 1 EA $1,750.00 1,750.00 5 Casing Pipe 55 LF $ 35.00 1,925.00 6 Dewatering 1 LF $6,800.00 6.800.00 Subtotal $26,850.00 Contingency 15% 4.050.00 Total Construction $30,900.00 Technical Services 2,830.00 Administration 270.00 Total $34,000.00 Discussion: Relocation over the box culvert would be subject to frost heave and could be subject to damage by utility contractors working in the vicinity of the watermain. As a technical matter, the thrust restraint required for relocation over the box culvert is more difficult to install but is feasible. Relocation under the box culvert has poor accessibility primarily due to the water table and has a slightly higher estimated cost. The cost of the two relocation alternatives is very close. Relocation over the box culverts provides a stable alignment at a slightly lower cost and is a readily accessible alignment. Relocation under the box culvert is actually the most stable alignment and is in the most secure location due primarily to potential frost problems above and below the watermain. Conclusion and Recommendation: Since the cost difference between the two relocation alternatives is small and accessibility is not a serious problem because the pipe has an expected life of more than 100 years, I would therefore recommend selecting the alternative of relocating the watermain under the box culvert. Respectfully submitted, Approved for submittal, purrier Sy a cit ineer Director of Public Works 66TH AVE N �_� — Z \' o N -� h - -_ -- -�,� i v rX �y � � u• w . —Lc POE 'CENTRAL C' \ ✓ OHENRY ROAD I O I� ^ �PARIt\ r /1 i'y\ R - CITY d Ly ^� r �• CIVIC CEN E M u M PO "��...^ N�a _._ _ R0 0 0 �y .�• l t' %�.0 - - ,.,__ N ROE14 ITr LAW _ f - ' RK -.� _— N - 3 35 i 2 61ST AVE `N 3 2 P E ' GOVT SE CENT ~ ( _ O - '' — rR i IL 60TH El N K EARLE - - x \ N T , GRANOVIEW BROWN - ¢ PARK SCHOOL � 59TH - AVE — N — F P �NORT� o p /t, r - t1 / NE > CSAH NO 10 _ z z 7. > > a tT 0 I (RAIL /BRIDGE; " ul NORTH PO RT 1 �1 x / � \., �r - . SCHOOL m 1 �. 0 0 z � 1 \ � NS PARK w AVE > WATER O. TOWER a a 54TH -AVE N- VIOOOC �_z N � j R A I L - o 1, 10,11 I � 41 /NNEAP0L /S y h t 52NDAVE.N. C /TY OF C i T OF 51 ST AVE. N j p ' HAPPr HoLLOw i PARK,, { j O J [X A T J ✓ - soTH vE N N 50TH AVE. N ~4VE N� 1000 20G0 ' \5400 49TH AVE. N. 500 fir 1—�1 Wd MAP #2 PROPOSED WALKWAY CONSTRUCTION SCHEDULE F G z , • ld ..00 4 / S . _77 7 R INA -. / i t 4 ' { F, •�.� .._.r 1� .- r� �' i f i�, TWIN T LAKE >,n OLD - N OL TWIIE - f ' LAKEi FINANCE PLAN `AK` DIRECT M.S.A. UNAPP. M.S.A. ACCUM. t , 1971 _ - 1J J j B C 1972 A —12— 1973 n P TTrr � � r e 1 _ , tb o� � mss► � � ��< . � .� t F TT� r oy .a. d i g Lt i s s i , t`i t ,t a i N a r��L «kk�•r� , ` < r � rf 7� /\ t " � yb a r r �• ym 'G .k ff #+ a o V 3SS)8 WL t*c`, S' , n o n • , L u� A a f ���'�� '#f � M { a ,,. Y t .�'Y',`', �. _.:� � � ,i� ` �,.1 � �"E A, � _.y4, # ' s ",�', �t"� 4 �� � � t r�rt' � r +w ^; ,..„ 'C ,1�'t•„�ps j3' - -, ( t, ax 2 y,_ i r \ v. t 't k�w t .�' W �.a� =� r '� k ��' k � itY 4 3,, � ,..� ty � r ±ti�9 � r r":� �! '� �� �,. 'J� ' � `,�•:.. c ; r , Member introduced the following resolution and �6 moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL FOR THE INSTALLATION OF A FUEL SYSTEM AT THE CENTERBROOK GOLF COURSE MAINTENANCE GARAGE (PROJECT NO. 1985 -23) AND WHEREAS, the Director of Public Works has received the following proposals for installation of a fuel system at the Centerbrook Golf Course Maintenance Garage:. Total Cost for Furnishing and Installation Supplier /Installer of Fuel System Northwest Service Station $8,380.00 Equipment Company Determan Welding and Tank $12,500.00 Service Company WHEREAS, the proposal of Northwest Service Station Equipment Company in the amount of $8,380.00 is the lowest responsible proposal received and the Director of Public Works has recommended that a contract be awarded to said firm in that amount:. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The low bid proposal of Northwest Service Station Equipment Company in the amount of $8,380.00 is hereby accepted. 2. The City Manager is hereby authorized and directed to enter into contract with Northwest Service Station Equipment Company for the furnishing and installation of the fuel system in the amount of $8,380.00. 3. The cost for this work shall be charged to Capital Projects Fund No. 25, Division 48. 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, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561-5440 EMERGENCY - POLICE - FIRE C ENTER 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: October 21, 1987 RE: Fuel System at Centerbrook Golf Course One item which was not included in the general contract for construction of the golf course was the installation of a fuel system at the Maintenance Building which is located adjacent to fairway No. 5. This was a deliberate decision - to allow the golf course to be built first, then to proceed with installation of this system when it could be determined where to place the fuel tanks and fuel pumps. Also, this allows the City to deal directly with the installer, rather than a general contractor. Two quotations have now been received for this installation, i.e.: Total Cost For Furnishing and Installing Supplier /Installer Fuel System Northwest Service Station Equipment Co. $8,380.00 Determan Welding and Tank Service Co. $12,500.00 Both proposals cover the furnishing and installation of two 560 - gallon underground tanks (to allow the use of two different types of fuel - for the various pieces of equipment which will be used at the golf course), one dispenser with dual pumps, and all appurtenant work, to provide a complete, operable system. I recommend that the City Council award the contract for this work to the low bidder. A resolution for this purpose is provided for consideration by the City Council. Adequate funds to cover these costs have been included in the golf course project budget. Respectfully submitted, Sy Kn app, OOt�tiY v C� 1 Director of Public Works � 19A6411 4 M 1�1 Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO DSTIOf26J87) WHEREAS, a Notice to Abate Nuisance and Diseased Shade Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased shade trees on the owners' property; and WHEREAS, the City can expedite the removal of diseased shade trees by declaring diseased shade trees a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER JAMES T INMAN 3819 BURQUEST LANE 270 JAMES T INMAN 3819 BURQUEST LANE 271 CLARENCE & J ROEHL 5118 HOWE LANE 272 2. After twenty (20) days from the date of the notice, the property owners will receive a second written notice that will give them (5) business days in which to contest the determination of City Council by requesting a hearing in writing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. 4. All removal costs, including legal, financing and administrative charges, shall be specially assessed against the property. 0 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. P Y P P '7d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT ISEMENT FOR BIDS FOR DELIVERY OF ONE (1) DUMP TRUCK BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of one (1) Dump Truck are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of one (1) Dump Truck in accordance with said specifications. Date Mayor ATTEST: Clerk The motion for the adoption p of the foregoing resolution was g g duly seconded b member er and upon vote being g taken thereon the following . llowing voted in favor thereof. and the following voted against the same: whereupon said resolution as declared duly passed and adopted. CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 PROVISIONS AND SPECIFICATIONS FOR One (1) 28,000 GVW CAB /CHASSIS 1. GENERAL All bids must be received at the office of the City Clerk on or before 2:00 p.m., November 19, 1987, and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked "Bid for 28,000 GVW Cab /Chassis. It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract in the best interest of the City. The cab /chassis 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 cab /chassis 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 cab /chassis 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 suit and save the City harmless in all such actions. 2. GUARANTEE The bidder shall furnish a manufacturer's standard new truck warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material and labor shall be replaced free of cost to the City of Brooklyn Center. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD OF CONTRACT Award of 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. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the City Clerk in writing five (5) days prior to the opening of the bids. VEHICLE SPECIFICATIONS GVW 28,000 pound minimum Wheel Base 144 inch wheel base 72 inch cab to axle dimension Frame Section modules including reinforcements shall be not less than 15.9 with a rbm of not less than 915,000 inch pounds. Provide extended integral front frame, with an additional crossmember. Furnish front PTO adapter. Engine Gasoline owered V -8 design, n 400 CI minimum P g , 206 HP minimum, equipped with full flow oil filter, fuel filter, air cleaner and governor. Axles Front - 10,000 pound capacity minimum Rear - 21,000 pound capacity minimum Transmission Allison Automatic MT 653 or equal Brakes Service - hydraulic, split system, 1000 cubic inch vacuum reservoir Parking - Hydro -max brake system - dash mounted Steering Power assist Fuel Tank 50 gallon capacity minimum Step tank mounted on passenger side of truck Cab Standard cab shall include: Bostrom T -Bar model driver seat Bostrom companion seat Dual exterior rear view mirrors 6" x 16" Retrac Dual sunvisors Dual exterior grab handles Full headliner, rubber floor mat High output heater and defroster Hand throttle Windshield wipers 2 speed, electric Dash mounted A.M. radio All glass tinted Electrical Alternator - 90 amp minimum Gauges - ammeter, oil, water temperature & tachometer Battery - one (1) maintenance free, 535CCA at 0 degrees F VEHICLE SPECIFICATIONS - CONTINUED Wheels & Tires Cast spoke design wheels, 2 piece rims = 8.0" minimum First line tube type tires 10.00 x 20, 14 ply radial Regular tread front, on -off highway tread rear Bidder to furnish spare rim, also furnish and install mechanical back -up alarm on rear wheel Bumper Front Color Chrome yellow PROPOSAL ONE (1) 28,000 GVW TRUCK CAB /CHASSIS Honorable City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Gentlemen: We proposed to furnish and deliver one (1) 28,000 GVW Truck Cab /Chassis according to the specifications at the following bid price: Bid Price Delivery Date (calendar days) Signed Firm Name Address City Zip Telephone Date Bid Opening: 2:00 p.m., November 19, 1987 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE ACHIEVEMENT OF FRED ARMBRUSTER WHEREAS, over a seven year period, Fred Armbruster, 7101 Willow Road, Maple Grove, Minnesota, has swum 500 miles in the Brooklyn Center pool; and WHEREAS, this achievement reflects the dedication, skill and perseverance of Mr. Armbruster; and WHEREAS, it is highly appropriate that the City Council recognizes his accomplishment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the achievement of Mr. Armbruster is recognized and he is hereby congratulated by the Brooklyn Center City Council. 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 APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) POLICE PATROL VEHICLES BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of four (4) Police Patrol Vehicles are hereby approved. BE IT FURTHER RESOLVED that the City Clerk lerk is hereby authorized and directed to advertise for and receive bids for the delivery of four (4) Police Patrol Vehicles in accordance with said specifications. 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 as declared duly passed and adopted. CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MN 55430 PROVISIONS AND SPECIFICATIONS FOR FOUR (4) COMPACT SEDANS 1. GENERAL All bids must be received at the office of the City Clerk on or before 2 p.m., November 19, 1987, and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked "Bid for Compact Police Patrols." It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities, and to award the contract to the best interest of the City. The police sedans 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 police sedans 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 sedans 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 cost in connection with such suit and save the City harmless in all such actions. 2. GUARANTEE The bidder shall furnish a manufacturer's standard new car warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material, and labor shall be replaced free of cost to the City of Brooklyn Center. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD OF CONTRACT Award of 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 p specifications and performance. P p e. 5. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the City Clerk in writing five (5) days prior to the opening of the bids. 6. PROOF OF WORKER'S COMPENSATION Each bid shall be accompanied by proof that the bidder has Worker's Compensation Insurance in force. Such proof shall be in the for m of a copy of the bidder I s current insurance certificate or certificate of exemption tion from the State Insurance Commissioner. GENERAL The vehicles and /or equipment called for herein shall be new compact sedans currently advertised, models incorporating all the latest available changes and features, including all the safety devices and tools to make a satisfactory operating unit. They 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. BODY Four (4) door notchback. SEATING Standard seating, cloth upholstery, full foam padded seats. Head room front 38" minimum. Leg room front 42" minimum. Shoulder room front 56" minimum. TRUNK RELEASE Power release within easy reach of driver. MISCELLANEOUS EQUIPMENT Cigarette lighter. Rear window defogger or defroster. Tinted glass throughout. Factory air conditioning. Trunk light. Left hand remote adjustable mirror. Right hand mirror. Speedometer. Rear door handles inoperative. All vehicles to be fleet keyed alike. Door edge guards. Tilt steering wheel. Power door locks. Carpet floor mats. Quartz clock. Electric windows. OPTION Left hand spotlight to be added or deleted at time order is placed. CHASSIS Wheel Base: 104" minimum. Brakes: Power disc front. Drum -rear, front and rear semi - metallic brake linings. Transmission: Automatic transmission. Differential: Front wheel drive configuration. Suspension: Heavy duty front and rear suspension, shocks and springs, stabilizer bar front and rear, manufacturer's maximum capacity suspension for handling. Steering: Power assisted. Wheels and Tires: 1 � Wheels 14 belted radial tires. Engine Compartment: Engine - V -6 design, 173 cu. in. displacement minimum, higher cooling capacity radiator - heavy duty, fuel filter, oil filter, air cleaner, heavy duty transmission cooler, etc. ELECTRICAL Heavy Duty Battery: Heavy duty (70 amp hour minimum). Generator: 80 amp. Radio: Standard AM. Lights: All lights to meet Minnesota Vehicle Code. COLOR Manufacturer's standard color to be (white). MANUAL One (1) Parts Manual and One (1) Service Manual to be provided. PROPOSAL FOUR (4) COMPACT SEDANS TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Gentlemen: We ro ose p p to furnish and deliver four (4) police sedans according to the specifications P at the following bid price: 1. Bid Price Per Unit 2. Total Bid Price (Four (4) Units) 3. Delivery Date (calendar days) Signed: Firm Name: Address: Date: Bid Opening: November 19, 1987, 2 p.m. r` Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ACQUISITION OF A PORTION OF OUTLOT A. BELLVUE ACRES ADDITION WHEREAS, the Land -Use element of the City of Brooklyn Center's Comprehensive Plan includes a recommendation to acquire properties between Lyndale Avenue and the Mississippi River, between 53rd and 57th Avenues North, for use as "public open space "; and WHEREAS, the Director of Planning and Inspections has advised that his examination of these properties for compliance to the Building Code, to the Zoning Ordinance and to the Critical Areas Regulations shows that few, if any, of these properties could be developed or improved for private use without the granting of variances from those regulations; and it is the opinion of the City Council that no substantial variances from these regulations should be granted to properties in this area; and WHEREAS, Dolores A. & Arthur E. Kvamme, Betty M. & George R. Hajder, owners of the following parcel: P.I.N.: 01- 118 -21 -42 -0013 Description: LOT 15 GARCELON'S ADDITION TO MINNEAPOLIS THAT PART LYING N OF S 30 FT THOF has offered to sell said parcel to the City of Brooklyn Center for the sum of $500. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. subject to receipt of a City Attorney's opinion of marketable title, the Mayor and City Clerk are hereby authorized and directed to acquire said property at the price of $500. 2. the Finance Director is hereby authorized and directed to appropriate funds for this purpose from the Public Utilities Fund. RESOLUTION NO. i s 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. MEMORANDUM TO: Gerald G. Splinter, City Man er g FROM: Brad Hoffman, HRA Coordinator DATE: October 22, 1987 �j SUBJECT: Land Purchase There will be a resolution before the City Council Monday evening authorizing the purchase of a narrow strip of land immediately north of the lift station on the river. The land is approximately 4' x 77 The market value, as established by the City Assessor, is $500 for the parcel. The owners have approached the City to determine our interest in acquiring the property. They have indicated to me that they would accept the City's value for the property. I would recommend the City acquire the piece of land. I r *//8 9 r, Re 21 42 HWY T RNBACK D 510 � 3 0 1 / 1 � 1 �'� 28/ h ` I l00 : =? - �_ .2 HWY TURNBACK TO THE CITY OF Z 111 f�`� 8 BROOKLYN CENTER DOC. 5104510 4 _ a —�� - - -- r\ �; I r1: �y;1 ► ail �' � `� 1 NN= � �`16).0 1 I �...� 33/14 < i� I Q � 5.1 4 mmum r i C 6a b �� •i ` — — — 44 SO- = 444/B?,� a o 2 8 a. r. ~ — — 0 CC 3sc \ 7 V W, 13�� 3•/7 79 ` -- 443SC 3 - 2 /� (t1�� � tn 1 a 3 — — 4H N� ` {1` 1335.6, `\`0 1 35- 63 2 190 No c-4 ' _ � _ -- _ -- - Zt y , A 1 �,34) i/ -29.79 ` w 7 7 4 , : 22 a b� N /80 HWJ TURNBACK C 5104510 a tn 6 E3;5.b! AVE. o 355 PT 0 0T 39 � — o l¢ �o a �. ° s5t X61 v ; a. o l h �� 1 Ib� 0 201 1y oo ioo.ol ioo.oa -� ` p ( 21 ., 9n 1 .., �' .GAR.- F 0 { �� �� r 1 4 r 68 2ND A0D`Lq DOC. /95 135.54 00,02 iao,ot _S_- 1 �� a �`1 l c o r of �q5) - Doc H� 40[3 //- !�' 174,1 60 C v y s� LOT 39 y�A ' K1 t,0 _J — , �i�'Q . 104. " �i \0� •`� n r + ' 1 o•c. `_' 4 �� p n 19 , 1. 1 19L5 31 ow a:" cr 104 135.47 w _ ''� L F 0, l l 1 - If f, AL e I 1 6�. �O - -_ _ DvC.T7311_9 T j TU RN BAG DOC #510451 Do(:" 4455233 _ ! � �DO_C � �?993-)3 (154 Z. v! �� 19 B E Z .8 3 1r `s Z 4 .166 - -! -- — -- — 4R I ' IV D el 5 � e l 1 LLLLLLllllll— 8 l �sg zB4 4495981 - — — ` h0�� —, GEC. 2 Iti ® 1_ 2 � \ �, 4 1 16 GD S a. /5A 32 .14 l5 35J DOC �•.• t — 3 � 1 y 16L8j l i65s7 X 92//7// I 4 - --- -. T --tom x361 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING A PUBLIC HEARING ON A RESOLUTION OF INTENT TO ORGANIZE COLLECTION OF REFUSE WITHIN THE CITY OF BROOKLYN CENTER AND INVITING THE PARTICIPATION OF INTERESTED PERSONS IN PLANNING AND ESTABLISHING THE ORGANIZED COLLECTION SYSTEM WHEREAS, the Metropolitan Council's Solid Waste Management Development Guide and Policy Plan .points out the advantages of an Organized Collection System; and WHEREAS, increased emphasis by State and County Government is dictating a more active role in the Waste Management area by local governments; and WHEREAS, the State Legislature recently passed an amendment to the Waste Management Act requiring a public hearing prior to passing a resolution of intent to adopt an Organized Collection System. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: That it should and hereby does establish the date of November 23, 1987, at 7:30 p.m., in the City Council Chambers, Brooklyn Center City Hall, 6301 Shingle Creek Parkway, as the time and place for the public hearing on said resolution of intent to implement Organized Refuse Collection within the City of Brooklyn Center and directs the administrative staff to publish notice of said public hearing as provided by law. 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. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, HRA Coordinator DATE: October 13, 1987 SUBJECT: Recycling As the Council is aware, the 1985 state legislature mandated that metro area landfills not accept solid waste materials from any municipality unless it has first been processed through a resource recovery facility. In response to the state law, Hennepin County passed an ordinance (No. 13) requiring each municipality to enact such ordinances as necessary to achieve a 16 percent reduction in solid wastes by the year 1990. Last year, the City entered into a joint powers agreement with Brooklyn Park to establish a recycling center operated by Goodwill Industries. It is the intent of the program to provide residents with a place to bring recyclable materials, such as glass, paper, and metals. The current site is located in the parking lot at Conn -Co Shoes (old Cub Foods building) in Brooklyn Park. As noted in Tom Heenan's memo, Brooklyn Center should anticipate that the Goodwill site will recover one to two percent of the City's solid waste. Currently, the site does not even approach the one percent mark. Obviously, the City will have to take other actions to meet the 16 percent requirement. By January 1, 1988, the City is supposed to have a program implemented that will lead to the required 16 percent solid waste reduction. The cost of not developing a program in Brooklyn Center would have the County establish a source separation site in Brooklyn Center and sorting refuse after it is collected. The cost would be passed on to the residents. As an alternative, the City might want to consider a program organizing haulers. Brooklyn Center would require the haulers to form a cooperative hauling system. Each hauler would receive a territory based upon the number of contracts they hold in the City. Some benefits to this concept should include a reduction in hauling costs because each hauler is collecting from everyone on a given block and less heavy truck traffic on our streets. In conjunction with organizing the haulers, it would be necessary to establish an ordinance mandating residents to separate their trash. A model ordinance is attached for your review. Obviously, this is an area of concern that transcends municipal boundaries and yet will have a significant impact locally. I would propose that the Council call a public hearing for the second meeting in November to consider a resolution to organize the haulers. M E M O R A N D U M TO: Gerald G. Splinter, City Manager FROM: Tom Heenan, Supervising Sanitarian DATE: October 6, 1987 SUBJECT: Organized Collection and Recycling During the past year we have been studying the subject of recycling and have worked to initiate a recycling program. We have contracted for the Goodwill Attended Donation Center at Conco Shoes. Although we have various recycling programs in place that will recycle an estimated one to two percent of Brooklyn Center's waste in 1987, we have a oblem. That problem is the mandate P laced on p us b Hennepin which Y Count states that we must be P Y recycling 16 percent of all our waste by 1990. Hennepin County will fund recyclin g programs ro rams that cities initiate according to the following lowing schedule: - -50% of net project expenditures for programs recycling 0 -5% 60, of net project expenditures for programs recycling 5 -100 --70% of net project expenditures for programs recycling 10 -16% - -80% of net project expenditures for programs recycling over 16% A change has been proposed in the 1988 County's "Policy Statement on Hennepin County Funding of Solid Waste Source- Separation Programs" that would require cities to get at least a five percent recycling level or they will receive no funding at all. Because of these requirements and the positive feedback we are getting from the general public regarding curbside recycling, we feel that the City's next step in recycling should be to start curbside yard waste and recycling collection as soon as possible. We need to achieve another three to four percent to achieve the minimum goal that the county is likely to adopt. We also have the opportunity to get a higher percentage of funding than the 50 percent level if we recycle more than five percent. We can start a curbside recycling program with the City's disorganized hauling garbage system as it is. However, based on experiences of other cities and test pilot areas across the country, curbside recycling needs to be done on the same day as residents regular trash collection to get the level of participation we need to achieve the 16 percent reduction in solid waste, the reason being that it simply becomes too complicated for a homeowner to remember that their trash gets collected on Wednesday, for example, that their year waste gets collected on Thursday, and their recyclables need to be out at the curb on Friday. It has also been discovered that weekly Memo to Gerald G. Splinter October 6, 1987 Page 2 recyclable pickup is most effective. Recycling has to be made easy for the homeowner or there will not be enough participation to justify the costs. The refuse haulers have been invited to two information meetings in the past year to inform them of the mandates we face and seek their input. The City of Plymouth is a very good example. They have aggressively publicized their curbside recycling program, provided residents with special recycling bags and even moved from monthly to bimonthly pickup. However, they are still only achieving a three percent level of recycling. Plymouth is in the same situation as Brooklyn Center in that they have several different haulers collecting trash on different days. Yard waste is recyclable and cities under organized collection can achieve significant tonnage numbers at low or no cost. This is because Hennepin County's yard waste compost site in Maple Grove does not charge a disposal fee and is closer than the nearest landfill. This fee is currently about $22.50 and will increase when the garbage burner begins operation. This is why we feel we must obtain some form of organized refuse collection. We have a mandate placed on us by the County, and if we don't set a plan as to how we are going to comply with that mandate by January 1, 1988, the County has the option to move in and initiate recycling programs for the City and charge the City for collection: 1. Buy garbage trucks, hire employees, and have a municipal Y refuse collections system. Result: The present haulers will be out of business in Brooklyn Center and the substantial cost of additional equipment and personnel would tax the City budget. 2. Do nothing - -Let the County implement and charge us for recycling programs and administrative costs. Result: Costly program for the City and haulers would probably be put out of business in Brooklyn Center. The County would dictate hauling in Brooklyn Center and the City would lose control of garbage collection. 3. Put trash hauling out for bid. Result: One refuse hauler has the entire City's business and all other haulers are out of business in Brooklyn Center. Memo to Gerald G. Splinter October 6, 1987 Page 3 4. Negotiate a contract with the present haulers if they form a cooperative hauling system. Result: All haulers maintain current level of City's business. We feel that the City's best option at this point is No. 4, to attempt to negotiate a contract with the present haulers if they can consolidate among themselves to form a cooperative similar to Minneapolis Refuse Incorporated (MRI). Before we can legally do this, however, we must hold a public hearing (according to the amended Waste Management Act of 1980) to consider a Resolution of Intent to Implement Organized Collection. Passing such a resolution does not legally bind the City to this one option only. Neither does it put any legal obligation on the haulers. It simply allows us to consider that option over the next 90 days. Unfortunately, time is running out. 1990 is not far away when you consider how long it takes a recycling program to become effective. My conclusion is that Brooklyn Center needs to initiate curbside recycling in the city in order to obtain the 16 percent goal by 1990. Curbside recycling cannot be done in a cost - efficient manner in Brooklyn Center under the current garbage hauling system, and I would recommend we proceed to a public hearing so we can start the process of negotiating with the haulers. Member introduced the following resolution 7/. and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING A PROJECT UNDER MINNESOTA STATUTES 462C AND THE ISSUANCE OF FIRST MORTGAGE ELDERLY HOUSING REVENUE BONDS TO FINANCE THE PROJECT BE IT RESOLVED by the Council of the City of Brooklyn Center, Minnesota, as follows: 1. The Council has received a proposal from Maranatha Ministries Foundation (the "Foundation ") and Maranatha Residence Corporation (the "Sponsor ") that the City undertake to partially finance a certain Project as herein described, pursuant to the Minnesota Statutes, Chapter 462C (the "Act "), through issuance by the City of its $4,000,000 first Mortgage Elderly Housing Revenue Bonds, Series 1987 (the "Bonds "), and in accordance with a Bond Purchase Agreement (the "Purchase Agreement") between the City, the Sponsor and Alliaon- Williams Company (the "Bond Purchaser "). 2. The Sponsor desires to acquire certain real estate and construct thereon a 65 unit elderly housing facility and related improvements and equipment (hereinafter referred to as the "Project "). The Project as described above will provide rental housing to elderly persons and will otherwise further the policies and purposes of the Act and the findings made in the preliminary resolution adopted by this Council on July 27, 1987 with respect to the Project are hereby ratified, affirmed and approved. 3. It is proposed that, pursuant to a Loan Agreement to be dated as of October 1, 1987, between the City as Lender and the Sponsor as Borrower (the "Loan Agreement "), the City loan the proceeds of the Bonds to the Sponsor to partially finance the cost of.the Project. The basic payments to be made by the Sponsor under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign its rights to the basic payments and certain other rights under the Loan Agreement to First Trust Company, Inc., in Saint Paul, Minnesota (the "Trustee ") as security for payment of the Bonds under an Indenture of Trust dated as of October 1, 1987 (the "Indenture ") and that the Sponsor grant a mortgage and security interest in the Project to the Trustee pursuant to a RESOLUTION NO. Mortgage and Security Agreement dated as of October 1, 1987 (the "Mortgage ") and to further secure the payment of the Bonds and the interest thereon, enter into an Assignment of Leases and Rents dated as of October 1, 1987 (the "Assignment of Leases and Rents"). 4. This Council by action taken on July 27, 1987 gave preliminary approval to the proposal and the Housing Finance Agency has given approval to the Project as tending to further the purposes and policies of the Act by issuing its non- rejection Letter. 5. Pursuant to the preliminary approval of the Council, forms of the following documents have been submitted to the Council for approval: (a) The Loan Agreement. (b) The Indenture. IC I (c) The Mortgage. (d) The Assignment of Leases and Rents. (e) The Bond Purchase Agreement. 1987. (f) The Official Statement dated October 20, that: 6. It is hereby found, determined and declared (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project ct � authorized by the Act; (b) the purpose of the Project is and the effect thereof will be to promote the public welfare b the acquisition, q sition, construction and equipping of an elderly housing facility; (c) the Project is to be located cated within the City limits, at a site which is easily accessible to persons residing within the City and the surrounding communities; (d) the acquisition, construction and installation of the Project, the issuance and RESOLUTION NO. sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Purchase Agreement and the Indenture, and the performance of all covenants and agreements of the City contained in the Loan Agreement, the Purchase Agreement and Indenture and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, the Purchase Agreement, Indenture and Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (e) it is desirable that the Sponsor be authorized, in accordance with the provisions of the Act and subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the City determines to be necessary, desirable and proper, to complete the acquisition and installation of the Project by such means as shall be available to the Sponsor and in the manner determined by the Sponsor, and with or without advertisement for bids as required for the acquisition and installation of municipal facilities; (f) it is desirable that the Bonds be issued by the City upon on the terms set forth in the Indenture; e (g) the basic payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Mortgage and Indenture also provide that the Sponsor is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises and payable during the term of the Mortgage, Loan Agreement and Indenture; RESOLUTION NO. (h) under the provisions of Minnesota Statutes, Section 469.162, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not constitute a debt of the City within the meaning of an constitutional tonal or statutory limitation. 7. Subject to the approval of the City Attorney and the provisions of paragraph 12 hereof, the forms of the Loan Agreement, the Purchase Agreement and Indenture and exhibits thereto and all other documents described in paragraph 5 hereof are approved substantially in the form submitted. The Loan Agreement and Indenture, in substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Manager. The Purchase Agreement and any other documents and certificates necessary to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered filed and recorded as provided herein and in said Loan Agreement and Indenture. 8. The City hereby finds that the information in the section of the Official Statement captioned "The Issuer" does not contain any untrue statement of a material fact or omit to state any fact which is necessary to make the statements made therein not misleading and hereby approves in substantially the form submitted to the City Council at this RESOLUTION NO. meeting such information for inclusion in the Official Statement; and the City hereby ratifies, confirms and consents to the use of said section in the Official Statement in connection with the sale of the Bonds. The City has not prepared nor made any independent investigation of the information contained in the Official Statement other than the section therein captioned "Issuer," and the City takes no responsibility for such information. 9. Designation of Qualified Tax - Exempt Obligations In order to qualify the Bonds as'"qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as it tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during this calendar year 1987 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during this calendar year 1987 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 10. The City shall,proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture. The offer of the Bond Purchaser to (a) purchase the Bonds for $3,920,000 (980 of their principal amount) plus accrued interest to the date of delivery at the interest rate specified in the Indenture, and (b) receive an additional fee Of $100,000 for its services, is hereby accepted. The Mayor and City Manager are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. RESOLUTION NO. 11. The Mayor and City Manager and other officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified copies of all proceedings and records of the City relating to the bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 12. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; said City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor or City Manager, any of the documents authorized by this resolution to be executed may be executed by the Acting Mayor or the City Manager, respectively. 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. MEMORANDUM TO: Gerald G. Splinter, City Manger FROM: Brad Hoffman, HRA Coordinator DATE: October 21, 1987 , SUBJECT: Maranatha Bond Issue The Maranath a bond issue will be before the Council Monday evening. This will be the final approval of the $4 million issue for elderly housing. All of the documents have been reviewed by Dave Kennedy of the city attorney's office and were found to be in proper order. It is recommended that the resolution be approved. LeFevety Lefler Kennel } O'Brien I)raNvz a Professional Association 2000 First Bank Place West October 21, 1987 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333 -0540 Mr, Brad Hoffman Clayton L. LeFevere Administrative Assistant Herbert Lefler J. Dennis O'Brien City Of Brooklyn Center John E. Drawz 6301 Shingle Creek Parkway David J. Kennedy Brooklyn Center, Minnesota 55430 Joseph E. Hamilton John B. Dean Glenn E. Purdue Re: $4,000,000 City Of Brooklyn Center First Mortgage Richard J.Schieffer Elderly Housing Revenue Bonds, Series 1987 Charles L. LeFevere ( Maranatha Place Project) Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Galt Dear Brad: Dayle Nolan John G. Kressel Steven B. Schmidt I have reviewed the underlying documents in connection James M. Strommen with the above bond issue and find that they are in Batt Id H. IdH.atty proper form for consideration and execution by the Oarn R. Skallerud Mayor and City Council. Y y 1. I have spoken to bond co>a6.nsel Rodney D. Anderson about the form of the final resolution and will be Corrine A. Heine reviewing hat text prior David D. Beaudoin q p to the meeting on Monday Paul E. Rasmussen evening. g . Steven M. Tallen Mary Frances Skala The bonds are secured b a Mortgage t Y and Securit s opher J. Harristhal y Christopher Timothy J. Pawlenty Agreement between Maranatha Residence Corporation and Rolf A. Sponheim First Trust Company, Inc., p Y. as Trustee , and an Assign- Julie A. Bergh g ment of Leases and Rents. There is also a reserve fund 0 f 40 $ 0,000 which is partially secured by an irrevoca- ble letter of credit in favor of the Trustee. The bonds will bear interest at the rate of 9 -1/2% until the mandatory purchase date of October 1, 1997, at which time the bonds must be repurchased by the corpo- ration and may, at that time be remarketed to the public. The bonds are being purchased by Allison - Williams Company. I have also reviewed a draft letter prepared by bond counsel indicating the City Council's consent of bond counsel acting in both that capacity and as underwrit- er's counsel. I see no difficulty with executing, the letter and bond counsel is merely formalizing what is City of Brooklyn Center October 21, 1987 Paae 2 i implicit in the documents themselves, that is, a full understanding by all parties of bond counsel's dual role. I am enclosing both copies of that letter and it may be signed on behalf of the City either by the Mayor or City Manager. V truly yours, David J. Kenned DJK:caw Enclosures cc: Charlie LeFevere i M & C No. 87 -17 September 23 198 P 7 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Charitable Gambling Regulations To the Honorable Mayor and City Council: At the City Council's first reading of the ordinance establishing charitable gambling regulations, the Council expressed concern about the section regulating the types of purposes the proceeds from such gambling could be used. In one of the initial drafts the statement "charitable purposes" was used and in the approved first reading version the words "lawful purposes" were used. The City Council expressed concern that they did not understand what "lawful purposes were." Attached please find a copy of the state law section which defines lawful purposes. The staff changed the wording from charitable purposes to lawful purposes because by definition charitable purposes is far more restrictive in what the funding can be used for than is lawful purposes. Charitable under state statutes does not include "nonprofit" purposes or organizations. You will recall receiving a list of projects that have been funded by the Lions over the last few years. We estimate that between 50% and 75% of those projects would not qualify under the label of charitable. If the Council concludes that the lawful purposes definition under the statute is too broad, it is legally possible to be more restrictive. However, staff is of the opinion that using the charitable purposes definition would probably be far more restrictive than the Council intends. For example, the Boy Scouts, the City band, and other similar projects the Lions contribute to, are not charitable organizations but they are nonprofit and governmental organizations. I hope this information addresses your expressed concerns. Respectfully submitted, 'Atau: - 5�Z Gerald G. Sp inter City Manager attachment CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day of October , 1987 at 7.30 _p , .m. at the City Hall, 6301 Shingle Creek Parkway, to consider the addition of a new section to Chapter 23 of the City Ordinances involving charitable gambling. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING CHARITABLE GAMBLING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 1900 through 1904 are hereby added to Chapter 23 of the City Ordinances, with the following language: Section 23 -1900 STATEMENT OF POLICY The City of Brooklyn Center deems it desirable to regulate lawful gambling within its jurisdiction as authorized by Minnesota Statutes Section 349.213. Section 23 -1901 DEFINITIONS The definitions in Minnesota Statute 349 are adopted by reference in this chapter Section 23 -1902 PULL -TABS SALE IN ON -SALE PREMISES The sale of bull -tabs in on -sale licensed premises shall be conducted by qualified and state licensed charitable organizations. In addition to satisfying the qualifications set forth In Minnesota Statutes Chapter 349 the following _regulations and qualifications must be complied with by all such charitable organizations: 1. The sale of pull -tabs shall be the only authorized form of gambling in on -sale licensed premises 2. The crganization must have been in existence in Brooklyn Center for at least three ,,ears Brooklyn Center City Ordinance Page 2 Chapter 23 3. The organization must contribute a significant amount of its proceeds from lawful gambling to lawful purposes within the CitV of Brooklyn Center. For pu=oses of this ordinance, the word "significant" is defined as over ninety percent (90 %) when averaged over a three year period. 4. The organization must file a list containing the names and addresses of all current members with the police department on an annual basis. 5. The organization must file pull -tab financial reports monthly with the police department 6. The organization must exhibit and sell pull tabs in a method as required by the City. 7. Workers or managers may not divulge the number of or the dollar amount of the winners at any time 8. Workers or managers shall not co- mingle game cards 9. The organization shall comply with all the provisions of Minnesota Statutes Chapter 349 10. The organization shall register with the State Gambling Board all ecuipment and supplies used in a licensed on sale establishment 11. The charitable organization shall not use a pull tab which does not return to the players a minimum percentage of 75% nor a maximum percentage of 80% which percentage shall include free plays awarded 12. The charitable organization will be responsible for the booth and other equipment used in the operation of pull -tabs 13. No organization may have a pull -tab sale operation in more than one premises in the City; except that organizations may be authorized to continue to conduct the same number of gambling operations as are lawfully in exi.stance on the effective date of this ordinance. 14. The organization must pay the City of Brocklvn Center an investigation fee of $250.00 per year. Brooklyn Center City Ordinance Page 3 Chapter 23 Section 23 -1903 SEVERABILITY Every section, provision or part of this Chapter j declared separable from every other section provision or part to the extent that if any section provision or part of this Chapter shall be held invalid such holding shall not invalidate any other section provision or part thereof. Section 23 -1904 PENALTIES Any person violating any provision of this ordinance shall be quilt y of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than seven hundred doila - ($700.00) and imprisonment for not more than ninety (90) days or both, together with the cost of prosecution SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal ub p lication. Adopted this day of 1987.. Dean Nyquist, Mayor ATTEST: Darlene Weeks, City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted. M E M O R A N D U M TO: CHARLIE LeFEVERE FROM: CORRINE HEINE o DATE: SEPTEMBER 21, 1987 RE: BROOKLYN CENTER GAMBLING ORDINANCE The Brooklyn Center city council is considering the adoption of an amendment to its gambling ordinance. The amendment would require that a specific percentage of the licensed organization's profits be spent for lawful purposes within Brooklyn Center. The city council asked our office to determine whether the phMse "lawful purpose" should be defined in the ordinance. The phrase "lawful purpose" is defined by state gambling laws. See Minn. Stat. §349.12, subd. 11, as amended by 1987 Minn. Laws, ch. 327, §2 (copy attached). Because state law provides a definition of "lawful purpose ", the ordinance does not need to define the term, unless the city wishes to restrict the purposes for which gambling profits may be spent. 0007ME02.G48 Itt, r,„ +z ''` . �+. tl AA ",, a. �r sw`^+= r - ,�, r.rs ,� �, z:,' :. t-*• ..t� f it.. es� kx { -� 3?aa <� "^� � -� } } � t-x. � _.sa r�'� r',r ���:. b,�' a.�+ccw'+ `r�� '�Crg.{ ,,n„N,,4z-��•tiy„�25w.'+�, �}t s'"'�H n n ',{ �a. 3kw; s `°_,..- .a`t'.*'SYp'- •sr."` -k�1 +...,�"'.'.i}.Fgr.,. ,.w 1� G'�, „.t ." � � F�sy�;'"'�'� *.ir.++' ,..,'�yS.•z "'' A.x, .,fit �.•.,,, a )87 1926 1927 LAWS of MINNESOTA for 1987 Ch. 327 r diem authorized for state CHAPTER 327— H.F.No. 169 15.059, subdivision_ j or An act relating to lawful gambling; providing for representation of horsepersons con - aremiums on behalf of a tracting with a licensee: including payment of taxes as a lawful purpose; increasing the bet, or agent of an oMML percentage of profits that may be used for necessary expenses: changing requirements for i be r, agent he t o a en o t organi_ 1 � — �_ _ — distributors; allowing the board to summarily suspend licenses under certain conditions: cation as a director, officer, providing for a limit on the number of bingo occasions which an organization may conduct ization or em ployee benefit in a week, and the number of occasions which may occur on any site in a week- authorizing arred h the person in or the board to adopt rules restricting the amount of rent charged by organizations; prohibiting local units of government from requiring organizations to make certain expenditures; mak- 12, is amended by adding a ing various technical changes; amending Minnesota Statutes 1986, sections 240.13, subdivi- sion 5; 349. 1Z subdivisions 11, 12, 13, and 15; 349.14, 349.15; 349.151, subdivision 3, and by adding a subdivision; 349.161, subdivisions 3, 5, and 7; 349.162, by adding subdivisions; pt as otherwise provided in 349.17, subdivisions 1 and 2: 349.18, subdivisions I and 3, 349.19, subdivision 3; 349.21; and ripensation as a member of 349.213, subdivision 1. under sections 447.31 to BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: ” don — that erson if the act 1 .1_ - -- d of the e p rson's responsibili Section 1. Minnesota Statutes 1986, section 240.13, subdivision 5, is amended to willful or reckless miscon- to read: , Subd. 5. PURSES. J�j From the amounts deducted from all pari- mutuel t er#_neral for a breach of pools by a licensee, an amount equal to not less than five percent of all money in all pools must be set aside by the licensee and used for purses for races conduct- ed by the licensee. The commission may by-rule provide for the administration ,n federal law or and enforcement of this subdivision. aember's express contractual �b From the money set aside for purses, the licensee shall paa to the horseperson's organization representing the ma'orit of the horsepersons mina ed to limit the liabilit of a the breed involved and contracting with the licensee with res ect to purses and 6 son of another or for ul the conduct of the racing meetings and providing representation, benevo- 1 ' he board member. lent programs, benefits, and services for horsepersons and their on -track e mploy_ ees, an amount, sufficient to ep rform these services, as may be determined by Mnsation" means any thing agreement bj the licensee and the horseperson's organization. The amount paid may be deducted o nly from the money set aside for purses to be paid in races for the breed represented by the horseperson's organization. With respect to mo racing meetings where more than one breed is racing, the licensee aa� contract independently with the horseperson's organization representing each breed rac- t per diem authorized for state ing_ , lion 15.059, subdivision = — or I Sec. 2. Minnesota Statutes 1986, section 349.12, subdivision 11, is amended - ance premiums on behalf of a read: to Subd. 11. "Lawful purpose" means one or more of the following: (a) benefiting persons by enhancing their opportunity for religious or educational advancement, b y relieving or protecting them from disease, suffering or distress, ` sin 987, and a pply to claims ari— 3 by contributing to their physical well - being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their compre- hension of and devotion to the principles upon which this nation was founded; F 'in ns by steikeem Changes or additions are indicated by underline deletions by swiiweet. %.,.,,. ,c fig•- .. y N c ..' 3"_ y+.fi,�. -'. ' ti ...+yf _ °�f t _� '6.0�. ��" �[5�, =� } y ` v�ti.' yV � ^ � •^6,}�T��q =`x. _. _y�t�':.: `.l -Rr IK$Yy3 ^: `-' T Sf '§� .:fi F - :» ;k J Ch. 327 AO OF r LAWS S of MINNESOTA for 1987 1928 (b) initiating, performing, or fostering worthy public works or enabling or fur - »s', thering the erection or maintenance of public structures; (c) lessening the burdens borne by government or voluntarily supporting, augmenting or supplementing services which government would normally render to the people; or (d) the improving, expanding, maintaining or repairing real property owned or leased by an organization; or jej payment of taxes imposed under this chapter, and other taxes im sed bj the state or the United States on receipts from lawful #_ gambling "Lawful purpose" does not include the erection or acquisition of any real property, unless the board specifically authorizes the expenditures after finding may. that the property will be used exclusively for one or more of the purposes specified in this clause. * Sec. 3. Minnesota Statutes 1986 section 349.12 subdivision 12 is amended to read: • . Subd. 12. "Organization" means any fraternal, religious, veterans, or other -yz nonprofit organization which has been in existence for at least three years and has at least 15 active members Sec. 4. Minnesota Statutes 1986, section 349.12, subdivision 13, is amended to read: Subd. 13. "Profit" means the gross receipts collected from lawful gambling, less reasonable sums necessarily and actually expended for prizes esd feces imposed by +his ehepteF. ' Sec. 5. Minnesota Statutes 1986, section 349.12, subdivision 15, is amended to read: Subd. 15. "Gambling equipment" means: bingo cards and devices for selecting bin ctmg go numbers, pull-tabs, fiekef ' 'ar ti fet-s � ckets, paddlewheels, and tipboards. h Sec. 6. Minnesota Statutes 1986, section 349.14, is amended to read: 349.14 ORGANIZATION MAY CONDUCT LAWFUL GAMBLING; LICENSE. An organization may conduct lawful gambling if it hes been is e�eee € w at least fhfee rears, has at least 4-5 eefi`ve aicembeiT has a license to conduct w lawful gambling from the board and complies with this chapter. Sec. 7. Minnesota Statutes 1986, section 349.15, is amended to read: 349.15 USE OF PROFITS. Profits from lawful gambling may be expended only for lawful purposes or "✓ expenses as authorized at a regular meeting of the conducting organization. Changes or additions are indicated by underline deletions by 9tfiheeu4. ;J CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 2 6th day of October , 1987 at 7:30 p .m. at the City Hall, 6301 Shingle Creek Parkway, to consider the amendment to Chapter 11 of the City Ordinances involving liquor license establishments. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSE ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 711 and 717 of Chapter 11 of the City Ordinances are amended with the following language: Section 11 -711. CONDITIONS OF LICENSE. 17. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus on the licensed premises, and he shall not permit any gambling therein[.] , whether or not licensed by the state except that pull -tabs may be sold on licensed premises when such activity is licensed by the state pursuant to Minnesota Statute, Chapter 349 and conducted pursuant to the regulations contained in this ordinance. Section 11 -717 GAMBLING REGULATIONS. 1. Only licensed charitable non - profit oraanizations that have been in existence in Brooklyn Center for at least three years and who contribute the majority of pull -tab Proceeds for lawful purposes within the City of Brooklyn Center may be allowed to sell pull -tabs on the premises. 2. Use of the licensed premises shall be by means of a written lease agreement between the licensee and the charitable organization The lease shall be for a term of at least one year; a copy shall be filed with the police department, and also a copy must be kept on the premises and available for public inspection upon request. Leases shall be governed by the following: Brooklyn Center City Ordinance . Page 2 Chapter 11 A. Maximum rent that may be charged is $100.00 ner week. E• Rental nayments may not be based on a percentage of profits from gamblincr. C. The charitable organization nay not reimburse the licensee for any license fees or other gamblingr related expenses incurred by the licensee D. The only form of gamblinca that shall be nermitted on the licensed premises shall be pull -tabs approved by the state E. Pull -tabs shall only be sold from a booth used solely by the charitable organization and pull - tabs shall neither be sold by employees of the licensee nor sold from the bar service area F. The construction and maintenance of the booth used by the charitable organization shall be the sole responsibility of the charitable organization G. The lease shall contain a provision permitting the licensee to terminate the lease if the charitable organization is found guilty of any violation of state or local gambling statutes ordinances or rules and regulations 3. Onlv one charitable organization shall be permitted to sell pull -tabs on the licensed premises 4. The licensee may not be reimbursed by the charitable organization for any license or permit fees and the only compensation which the licensee may obtain from the charitable organization is the rent fixed in the lease agreement. 5. The licensee must commit to a minimum of twenty -five (25) hours of sales of pull -tabs for the charitable organization per week 6. The licensee shah be responsible for the charitable organization's conduct of selling pull -tabs The City Council may suspend for a period up to sixty (60) days or revoke the licensee's permission to allow gambling Brooklyn Center City Ordinance Page 2 Chapter 11 on the premises for any violation of state or local gamblincg laws or regulations that occur on the premises by anyone including the licensee or the charitable organization. Any violation may also be considered by the City Council as grounds for suspension or revocation of the cn -sale liquor license SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1987. Dean Nyquist, Mayor ATTEST: Darlene Weeks, City Clerk Date of Publication September 24, 1987 Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY OF EROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day of October , 1987 at 7: p.m. at the City Fall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance to allow certain instructional uses in the C1 and CIA zones. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW CERTAIN INSTRUCTIONAL USES IN THE C1 AND CIA ZONES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -320 C1 SERVICE /OFFICE DISTRICT. 3. Special Uses. c. Instructional uses for art, music, photography, decorating, dancing and the like and studios for like activity. Section 35 -321. CIA SERVICE /OFFICE DISTRICT. 3. Special Uses. b. All of the special uses set forth in Section 35 -320 shall be a = llowed by special use permit in the CIA district. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication September 24, 1 9 87 Effective date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day of October. 1987 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating Part of a Drainage and Utility Easement along the Northerly Lot Line of Lot 3, Block 3, Donnays Brook Lyn Gardens 4th Addition. This published notice supersedes the previously published notice of September 17, 1987. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PART OF A DRAINAGE AND UTILITY EASEMENT ALONG THE NORTHERLY LOT LINE OF LOT 3, BLOCK 3, DONNAYS BROOK LYN GARDENS 4TH ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Fifteen (15) foot utility and drainage easement along the north line of Lot 3 Block 3 Donna s Brook Lyn Gardens 4th Addition Hennepin County. Minnesota except the westerly five feet and the southerly five feet of said easement is herebv vacated. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication September 24, 1987 Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) Option 1 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 25 regarding the naming of Bass Lake Road. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 CHANGING THE NAME OF COUNTY STATE AID HIGHWAY NO. 10 BETWEEN TRUNK HIGHWAY NO. 100 AND THE WEST CORPORATE LTMIT TO BASS LAKE ROAD THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. A new section entitled 25 -419 is hereby added to the City Ordinances to read as follows: Section 25 -419. COUNTY STATE AID HIGHWAY NO 10 as currently established between the East ramp terminal of Trunk Highway No 100 and the Westerly Corporate Limit of the City of Brooklyn Center, portions of which have also been known as 57th Avenue North (between T H 100 and Brooklyn Boulevard) and as 58th Avenue North (between Brooklyn Boulevard and the West Corporate Limit) is hereby renamed and shall hereafter be known as Bass Lake Road Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , Mayor ATTEST: Clerk Date of Publication Effective Date Option 2 KE- 0 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 25 regarding the naming of Bass Lake Road. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 CHANGING THE NAME OF COUNTY STATE AID HIGHWAY NO. 10 BETWEEN TRUNK HIGHWAY NO. 100 AND THE WEST CORPORATE LIMIT TO BASS LAKE ROAD THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. A new section entitled 25 -419 is hereby added to the City Ordinance to read as follows: Section 25 -419. 57th Avenue North between Lyndale Avenue North and Trunk Highway No. 100: and County State Aid Highway No 10 as currently established between Trunk Highway No. 100 and the Westerly Corporate Limit of the City of Brooklyn Center, portions of which have also been known as 57th Avenue North (between T.H. 100 and Brooklyn Boulevard) and as 58th Avenue North (between Brooklyn Boulevard and the West Corporate Limit): are hereby renamed and shall hereafter be known as Bass Lake Road Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , Mayor ATTEST: Clerk Date of Publication Effective Date CITY 6301 SHINGLE CREEK PARKWAY :�, O OF OKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE C ENTER 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: October 21, 1987 RE: Renaming County State Aid Highway No. 10 Attached hereto is a letter from Rolf T. Nelson, Attorney -at -Law, in which he requests that the "Bass Lake Road" designation be extended Easterly to T.H. 100. In reviewing our records, it does not appear that any portion of CSAH 10 within the City of Brooklyn Center has ever been officially designated as Bass Lake Road. Rather, Bass Lake Road officially does not begin until CSAH 10 crosses into the City of Crystal. A review of the "Easy Reference Guide for Zip Codes" as published in the yellow pages as published by U.S. West Direct (Note: it is my understanding that this section is prepared by and paid for by the U.S. Post Office) also shows Bass Lake Road as not starting until street address 4800, which coincides approximately with the Brooklyn Center /Crystal city limits. However, some of the commercial offices along CSAH 10 in Brooklyn Center have used the "Bass Lake Road" designation in recent years. Also, the Hennepin County DOT has installed signs at the CSAH 10 /Brooklyn Boulevard intersection which identify CSAH 10 as Bass Lake Road. Accordingly, a draft copy of an ordinance renaming CSAH 10 in Brooklyn Center as "Bass Lake Road" has been prepared for consideration by the City Council (see Option No. 1). Alternatively, the City Council may also wish to consider renaming 57th Avenue between Lyndale Avenue and T.H. 100 as Bass Lake Road, so as to make the name of that route continuous. d ^ nqM Renaming County State Aid Highway No. 10 October 21, 1987 Page two Whichever option is selected it must be given a first reading, published and then given a second reading and public hearing. If the Council wishes to "test the waters" of public opinion before deciding whether or not to include 57th Avenue between Lyndale Avenue and T.H. 100, they may give "Option 2 its first reading and publication. That ordinance could be amended at the time of its second reading to delete that portion, thereby returning to consideration of "Option 1" as attached. Respectfully submitted, Sy Knapp; Director of Public Works cc: Rolf Nelson Jim Moffet, Health One Judie Vreeland, Brooklyn Center Chamber of Commerce S ROLF T. NELSON, P.A. ATTORNEYS AT LAW 3260 Bass Lake Road Brooklyn Center, MN 55429 (612) 560 -4000 October 7, 1987 (f Y� Mayor Dean Nyquist c/o Nyquist and Associates / 5637 Brooklyn Blvd. Brooklyn Center, MN 55429. V� RE: Extension of "Bass Lake Road" designation East to the Highway 100 Bridge Dear Dean: Following our conversation Tuesday, October 6, 1987 after Rotary, I called Jim Moffat of Health One regarding the above matter. Jim indicated Health One was experiencing mix -ups and difficulties with the use of their current "57th Avenue North" address. Most recently the reported preparation of a "locater" map for persons unfamiliar with the Brooklyn Center area was most difficult as 57th Avenue North is both unknown and confusing. Jim felt extension of the Bass Lake Road designation eastward from the 4800 block amt He alth One's offices, perhaps to or over the bridge over Highway 100 would make good sense. Further it would tie our street address in with the exceedingly well known and easily recognized major East /West thoroughfare "Bass Lake Road ". Because information for the Minneapolis Yellow Pages must be submitted shortly (perhaps as early as October 15, 1987), it is important that the City take action to at least permit postal authorities to recognize and use street addresses below 4800 on Bass Lake Road. I've suggested to Cy Knapp Page 2 - Mayor Nyquist - October 7, 1987 that he communicate that change to not only postal authorities before October 15, but also U.S. West Direct Yellow Page representatives. As I am sure you are aware, Minneapolis, St. Paul and Minnesota zip codes are printed in the Easy Reference Guide at the front of the Minneapolis Yellow Pages. I have spoken with a Mr. Michael Collins who identified himself as the "manager" of the Brooklyn Center post office branch. I believe he would be the first postal authority to contact regarding the changes. I suspect that U.S. West Direct Yellow Page officials can be reached at their Shingle Creek office right in Brooklyn Center. I apologize for the urgency of this request. However, if the City is willing to permit use of Bass Lake Road, addresses between 2200 and 4800 promptly, it would assist postal authorities, insure the zip code extension is included in the new yellow pages as well as help all of the affected business people with addresses on this street for the entire year of 1988. Further it would avoid other new businesses locating on the street experiencing what we have over the P ast several weeks namely postal authorities, UPS and other delivery firms insisting that our office and the location did not exist The street reference guides that many firms use I suspect are based upon the zip code listings within the yellow pages. Assuming the City completes its formal re- designation by ordinance, the cost to the City should be minimal. The largest and most expensive "Bass Lake Road" sign has already been approved and installed by the County above the intersection with Brooklyn Blvd. Only a handful of small intersection street signs would then need to be changed to complete the designation. Your prompt attention to this request would be much appreciated by not only Jim Moffat and myself and our respective firms, but also new businesses moving into the area within the coming year. Post office personnel and other Brooklyn Center firms located on this major collector would also benefit. Page 3 - Mayor Nyquist - October 7, 1987 If I can be of help to you, Cy Knapp or others in the City re: this matter, please do not hesitate to contact me. Thank you. Yours very truly, ROLF T. NELSON, P.A. By: Rolf T. Nelson RTN :mlb cc: Cy Knapp James Moffat 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 OCTOBER 15, 1987 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:34 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Valecki, Mike Nelson, Wallace Bernards and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier, and Recording Secretary Mary Lou Larsen. Chairman Lucht stated Commissioners Carl Sandstrom and Lowell Ainas were unable to attend this evening's meeting and were excused. APPROVAL OF MINUTES - September 24, 1987 Motion by Commissioner Nelson seconded by Commissioner Wallerstedt to approve the minutes of the September 24, 1987 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Nelson, Bernards and Wallerstedt. Voting against: none. Not voting: Commissioner Mslecki, as she did not attend that meeting. The motion passed. APPLICATION NO. 87023 (James Andrescik) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for variance approval from Section 35 -400 of the Zoning Ordinance to allow a zero setback for an existing garage from the north side lot line at 5806 Halifax Avenue North. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87023 attached). Commissioner Wallerstedt inquired if the garage was destroyed, for instance, by fire, if the applicant would be allowed to rebuild the structure in its present location if the variance were granted? The Secretary responded affirmatively, but noted the extent of the destruction of the property may have some bearing on where it is rebuilt. He pointed out that the granting of the variance in this case really makes the structure a "conforming use" rather than a "nonconforming use" of the property. Commissioner Bernards asked if the relocation of the storm sewer would be confined to the two properties. City Engineer Bo Spurrier stated a consultant has been obtained to do a study of the situation and he will not know until he gets the results of that study which should be available in approximately two weeks. He also stated the current system is designed for a two year storm, but would be designed for a five year storm, meaning there is a need to enlarge the storm sewer facility. Commissioner Bernards inquired if the system would be a straight shot with no bends. The City Engineer answered a larger pipe could be used to accommodate runoff and would carry the difference between a two year and a five year term storm sewer system. Commissioner Bernards asked if the flow would be blocked. The City Engineer answered the City wants to continue to use that corridor for storm sewer. Chairman Lucht asked the applicant, James Andrescik, if he had anything to add. Mr. Andrescik stated he had nothing further to add. 10 -15 -87 -1- PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked if anyone present wished to speak regarding the application. Albert Blazevic, 5800 Halifax Avenue North, was then recognized by Chairman Lucht. Mr. Blazevic stated he wanted it known for the record that he had no objection to the applicant's proposal. The Secretary stated that one phone call had been received by the Planning and Inspection Department in response to the notice for public hearing from a person who was unable to attend this evening's meeting. That person wanted to know if the granting of a variance would set a precedent to allow other buildings to be built on property lines. He explained that the party was informed that the granting of a variance in this case would not establish a precedent to allow all other structures to be built on property lines, but could be considered a precedent for other similar variances where the circumstances were identical to this case. He added that this situation was viewed as being unique. Chairman Lucht, noting that no one else wished to be heard, called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. The Secretary also pointed out that the granting of these variances for the property at 5806 Halifax (Andrescik property) should also acknowledge a variance for the property at 5812 Halifax ( Rubenstein property) because the house at 5812 Halifax is set back 9.52' from the side property line rather than the 10' required by City Ordinance. ACTION RECOMENDING APPROVAL OF APPLICATION NO. 87023 Following further discussion, there was a motion by Commissioner Nelson seconded by Commissioner Wallerstedt to approve Application No. 87023 subject to the following: 1. A variance from Section 35 -400 of the Zoning Ordinance is warranted in this case for the following reasons: a) The remodeling of the existing residence necessary to comply with the ordinance would be prohibitively expensive and constitute a genuine hardship as opposed to a mere inconvenience. b) The circumstances of an attached garage built over a side lot line are unique to this parcel and are not common generally in the R1 zone. c) The condition of the encroachment of the attached garage into the storm sewer easement and into the Rubenstein property has been accomplished with the erroneous acknowledgement of the City. d) Injury to the Rubenstein property is compensated for and there is no injury to other properties. e) The private cost to achieve compliance at this time exceeds the public benefit derived from such compliance. 10 -15 -87 -2- 2. The applicant shall enter into an agreement providing for the relocation of the storm sewer between the two houses and for the assessment of costs prior to final vacation of the storm sewer easement under the two houses. 3. Variance approval is also acknowledged for the Rubenstein residence at 5812 Halifax Avenue North which is 9.52' from the south property line. Voting in favor: Chairman Lucht, Commissioners Yalecki, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 87024 (James Andrescik) The Secretary introduced the next item of business, a request for variance approval from the Subdivision Ordinance to transfer a small wedge of land by metes and bounds rather than through formal platting. The staff report was then reviewed by the Secretary (see Planning Commission Information Sheet for Application No. 87024 attached). PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked if anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Nation by Commissioner Nelson seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECMENDING APPROVAL OF APPLICATION NO. 87024 (James Andrescik) Motion by Commissioner Nelson seconded by Commissioner Wallerstedt to approve Application No. 87024 subject to the following conditions: 1. The applicant shall enter into an agreement providing for the relocation of the storm sewer between the two houses and for the assessment of costs prior to final vacation of the storm sewer easement under the two houses. 2. Variance approval is also acknowledged for the Rubenstein residence at 5812 Halifax Avenue North which is 9.52' from the south property line. Voting in favor: Chairman Lucht, Commissioners Na-lecki, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. The Secretary explained the two applications would be on the City Council's November 9, 1987 meeting agenda as the storm sewer relocation study and easement vacation will be also be considered by the City Council at that time. APPLICATION N0. 87025 (John Ditzler) The Secretary introduced the next item of business, a request for preliminary plat approval, to subdivide into a lot and an outlot the parcel of land immediately west of 701 69th Avenue North. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87025 attached). 10 -15 -87 -3- Chairman Lucht asked the applicant's representative if he had anything to add. The representative stated he had nothing to add. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. 11-. Dave Evanson, 2208 73rd Avenue North, stated he and his sister own some parcels in the area of the applicant's proposal. Mr. Evanson stated he has concerns about future plans for compatible uses of the property in the surrounding area and would prefer to see it remain R1 for single - family homes. Chairman Lucht asked if the property would remain Rl. The Secretary answered in the affirmative and explained there had been a meeting of the neighbors five years ago, but at that time none of them were ready to subdivide. He stated an R1 zoning is recommended in the Comprehensive :Plan. The Secretary stated that MW/DOT also owns a number of parcels in that area. Mr. Evanson stated he agrees with the Comprehensive Plan recommendation and has no objection to the proposed present construction. City Engineer Bo Spurrier stated there is a need for subdivision in the area and is glad to see an effort being made to do so. He stated there may be a need for a subdivision agreement for utilities. Chairman Lucht asked if anyone else wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF .APPLICATION NO. 87025 (John Ditzler) Motion by Commissioner Nelson seconded by Commissioner Yalecki to recommend approval of Application No. 87025 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3• The owner shall enter into an agreement with the City prior to final plat approval that development of Outlot A shall not proceed until plans for access, utilities, and drainage, and a subdivision agreement executed by the owner of the property,. have been approved by the City. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. DISCUSSION ITEMS The Secretary briefly reviewed a memo from the City Attorney regarding the judgment received in the Lescault case which has been in court over a period of two to two and one half years. Business items for the next Planning Commission meeting were reviewed by the Secretary. 10 -15 -87 -4- ADJOURNMENT Motion by Commission Nelson seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. The motion passed. The Planning Commission adjourned at 8:35 p.m. Chairman 10 -15 -87 -5- J Planning Commission Information Sheet Application No. 87023 Applicant: James Andrescik Location: 5806 Halifax Avenue North Request: Variance Background The applicant requests a variance from Section 35 -400 of the Zoning Crdinance to allow a zero setback for an existing garage from the north side lot line at 5806 Halifax Avenue North. The lot in question is zoned R1 and is bounded on the north, east, and south by other single family homes, and on the west by Halifax Avenue North. The variance request arises because the applicant, in the process of selling his residence at 5806 Halifax, discovered that his attached garage and second storey family room were built in 1968 over an existing storm sewer easement. Surveys of the property revealed that the garage and family room were, in fact, built over two storm sewer lines and that the garage encroached .6' onto the neighboring property at 5812 Halifax Avenue North. The family room built over the garage is set back approximately 5' further than the north side of the garage. The original permit for the garage and family room showed the garage set back 5' from the side lot line and the dwelling space set back 10' as required by ordinance. However, the permit did not show all the measurements on the lot which would have revealed that there was insufficient room on the north side of the then existing house to make the proposed addition. The existence of the storm sewer easement was also missed by both the owner applying for that permit and by the City. As a result, the garage and family room addition encroach into the existing storm sewer easement, which is 15' on either side of the common property line with 5812 Halifax, and the garage actually encroaches onto the neighboring property by some .6 Surveys have also revealed that the neighboring home owned by Twila Rubenstein at 5812 Halifax Avenue North also encroaches into the storm sewer easement by 5.49 The existing situation and five options for dealing with it have been outlined by the Director of Public Works in a memo to the City Manager dated August 12, 1987 ( see memo attached). Mr. Andrescik is pursuing Option No. 5 which entails the following: a) Relocate the storm sewer to the portion of the easement between the two houses. b) Make no change to the Andrescik house. c) Vacate those portions of the easement lying under the two houses. d) Property owners resolve question of the encroachment of the Andrescik house across the property line. e) Variance from setback requirements for one or both houses depending on amount of land purchased by Andrescik. f) Variance from platting requirements to transfer a small wedge of land by metes and bounds descriptionn from Rubenstein to Andrescik. 10 -15 -87 _1_ Application No. 87023 continued Mr. Andrescik is in the process of concluding an agreement with Ms. Rubenstein to purchase a small wedge of land that would follow the wall line of the Andrescik house where it encroaches into the Rubenstein lot. This will leave the Andrescik residence with a zero setback from the north side lot line. Meanwhile, the City is in the process of having a study done and a design developed for the relocation of the storm sewer and an enlargement of its capacity to minimize flooding in the area. Also, a first reading of an ordinance vacating the portions of the storm sewer easement lying under both houses has been held by the City Council. Reasoning Mr. Andrescik has submitted no written arguments in support of the variance request. This does not indicate a lack of concern, however, inasmuchas the sale of the residence at 5806 Halifax cannot be consummated until the matters of the storm sewer and the property line encroachment are resolved. Variances are subject to the standards set forth in Section 35 -240, Subsection 2(attached). The first standard relates to hardship. "Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out." Mr. Andrescik has apparently investigated the possibility of remodeling the house to do away with the encroachment and he has received an estimate of $30,000 for the cost of remodeling. In addition, he estimates that the value of the house would be reduced by approximately $20,000. Thus, a net loss of $50,000 would be realized by Mr. Andrescik. We would agree that this is more than a "mere inconvenience." There is the possibility of Mr. Andrescik acquiring more land from Ms. Rubenstein so as to meet a 5' sideyard setback and 10' for the family room. This would leave Ms. Rubenstein's house in a substandard situation as well. Ms. Rubenstein is apparently unwilling to sell the additional land and the City certainly cannot force her to. The second standard requires that the conditions upon which the application for a variance is based are unique to the parcel of land and are not common generally to other property in the same zoning classification. The circumstances of this application - an attached garage built over a property line and on top of a storm sewer - are, thank goodness, unique to this parcel and not common generally to properties in the Rl district. The third standard for a variance requires that the alleged hardship is related to the requirements of the ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. In this case, although the condition was created by Mr. Andrescik, the City did issue a permit for the work and apparently made inspections without a proper verification of where the property line was actually located, or noting that, even as applied for, the garage and family room addition would be located over a storm sewer easement. Therefore, the City has by its actions or inaction erroneously acknowledged the condition as acceptable. On balance, the costs of total compliance at this stage appear to exceed the benefits. It, therefore, seems reasonable to set the ordinance aside in this case and achieve the best possible solution under the circumstances. Finally, the granting of the variance is not to be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. In this case, whatever injury there is to the Rubenstein property is compensated for under the provisions of the agreement ment betty nth P g between e Andresciks and Ms. Rubenstein. We see no injury to other neighboring properties. 10 -15 -87 -2- Application No. 87023 Conclusion Based on the reasoning outlined above, staff recommend approval of the variance request, subject to the following conditions: 1. A variance from Section 35 -400 of the Zoning Ordinance is warranted in this case for the following reasons: a) The remodeling of the existing residence necessary to comply with the ordinance would be prohibitively expensive and constitute a genuine hardship as opposed to a mere inconvenience. b) The circumstances of an attached garage built over a side lot line are unique to this parcel and are not common generally in the R1 zone. c) The condition of the encroachment of the attached garage into the storm sewer easement and into the Rubenstein property has been accomplished with the erroneous acknowledgement of the City. d) Injury to the Rubenstein property is compensated for and there is no injury to other properties. e) The private cost to achieve compliance at this time exceeds the public benefit derived from such compliance. 2. The applicant shall enter into an agreement providing for the relocation of the storm sewer between the two houses and for the assessment of costs prior to final vacation of the storm sewer easement under the two houses. 10 -15 -87 -3- Planning Commission Information Sheet Application No. 87024 Applicant: James Andrescik Location: 5806 Halifax Avenue North Request: Variance The applicant requests a variance from the Subdivision Ordinance to transfer a small wedge of land by metes and bounds rather than through formal platting. The land in question is zoned Rl and is bounded on the north, east, and south by single- family homes, and on the west by Halifax Avenue North. The proposed transfer of land comes about as a result of a survey by Westwood Planning and Engineering which revealed that the attached garage of the residence at 5806 Halifax Avenue North encroached by .6' into the parcel of land at 5812 Halifax Avenue North. The existing legal description of these parcels is Lot 46 (5806) and Lot 47 (5812), Block 6, Pearson's Northport 3rd Addition. In the past, transfers of property by metes and bounds description have been allowed when the underlying land is platted property and when no new buildable lots are being created. That is the case here. Staff are, therefore, prepared to recommend approval of the variance request without conditions, other than the following: 1. The applicant shall enter into an agreement providing for the relocation of the storm sewer between the two houses and for the assessment of costs. 10 -15 -87 j Planning Commission Information Sheet Application No. 87025 Applicant: John Ditzler Location: 707 69th Avenue North Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into a lot and an outlot the parcel of land immediately west of 701 69th Avenue North. The land in question is zoned R1 and is bounded on the north by 69th Avenue North; on the east by a single- family home and vacant Rl zoned property; on the south by the south half of 68th Avenue North right -of -way ( the street is not installed at this time) ; and on the west by a single - family home on a long lot extending from 69th down to 68th Avenue North right -of -way. The owner wishes to create a standard single - family lot at the north end of the existing parcel and reserve the remainder of the land for future subdivision. The measurements of the two proposed parcels are as follows: Parcel Width Depth Area Lot 1 75.23' 134.5' 10,088 s.f. Outlot A 75.23' 493.39' 36,997 s.f. Total 75.23' 627.89' 47,085 s.f. The existing legal description is "the west 75' of the east 150' of Lot 31, Auditor's Subdivision No. 310, City of Brooklyn Center, Hennepin County, Minnesota." The proposed legal description is Lot 1 and Outlot A, Block 1, Ditzler Addition. A permit has been issued for a single - family home at the north end of the existing parcel (35' south of 69th Avenue North) where the proposed Lot 1 is located. The highest elevation on the plat is the building pad for the new residence at 849.5' . Drainage over the entire plat is generally to the south and west. The preliminary plat proposes drainage and utility easements of 5' in width along the side and rear property lines and 10' in width along the front property line along 69th Avenue North. Although right -of -way was dedicated on the Swanco Terrace Addition to the east approximately 10 years ago, no right -of -way is being dedicated on this plat. Swanco Terrace dedicated 7' of additional right -of -way along 69th Avenue North because at that time this portion of 69th was a County Road and a major collector in the Northeast Neighborhood. This section of 69th is no longer a County Road, nor is it a collector now since it ends in a cul -de -sac and does not intersect with Highway 252. On the south, Swanco Terrace dedicated 30' of right -of -way for 68th Avenue North. However, the City Engineer advises against the dedication of right -of -way for 68th at present because the layout of a future subdivision is not known at this time. It may be that lots would be created fronting on a cul -de -sac at the end of Camden Avenue North rather than on 68th. By platting the south portion of the plat as an outlot, the owner reserves to the future decisions about the development of the vacant land since outlots are by definition unbuildable. Altogether, the plat appears to be in order and approval is recommended, subject to at least the following conditions: 9 -15 -87 -1- Application No. 87025 continued 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner shall enter into an agreement with the City prior to final plat approval that development of Outlot A shall not proceed until plans for access, utilities, and drainage have been approved by the City. 9 -15 -87 -2- _t U P O T _•.. z v - i \k COLFA X o n � � 1 '� > X m ( � � Z m x \ \ _ z i mm Z � � m COLFAX x v z (n - rn BRYAN t �--m ' / 1 x Mx BRYANT � — C , x; \'X � m X A L D R I C H ��, M m, m 6',. - = N CAMDE CAMDEN DR. r- �1 AVE. N. — N n Ti CAMDEN �.- -" -- _ _- - cn -. I 5TH ST. N qC ROAD ..;. ...__. ....:.:.._Lt1. DR – WEST R I\ 00 0 y� eema► ee ov .re�eee sreeeea � eereaese••r► e eeooeoeseeeeee Bp R -- R TI L RI S A E DALLAS - j�\�'(D rn (III A W JL-L -- 0 �y m WILLOW LA. wow -_� � DURN A M ISLAND (CITY OF BROOKLYN PARK) 0) 01 11 11 co 0 D D r� < < < _ - m 69TH AVE.NO. wnreaMUv l; PITZLER AD[ i m PRELIMINAR", � Es95 I I _-aa PREPARED FOR JOHN DITZLER 5204 3RD AVENUE SO. MINNEAPOLIS, MINNESOTA 5_ j AREAS: 81t i 618.5 C! TOTAL AREA = 47,085 S.F. .I_ LOT 1 = 10.088 S.F. OUTLOT A = 36,997 S.F. BENCHMARK: ' SANITARY SEWER M H INVERT F a CORNER OF LOT 7, BLOCK 1, GI a Y ADDITION - ELEV 839.0 IN _G V 7 �o/ `�N gyp 9 819a LEGAL DESCRIPTIC The West 75 feet of the Eas of Lot 31, Auditors Sub. No. of Brooklyn Center, Hennepi 9117 g1t1 % sL. OUTLOT A c', LOT SHALL BE SERVED BY CIT' V ZONING IS R - 1 0 9 0 I hereby certify that this plan in feet 1 � or under my direct supervision Registered Land Surveyor und( State of Minnesota. 30' EMBER 10, 1987 - EMBER 30.1987 Jeffrey D. Lindgren, Minn. Reg. N: i PREPARED R' 68TH AVE. _. NO. P/anr MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspectiwl�— DATE: October 2 1 8 3, 9 7 SUBJECT: Study of Planning and Land Use Issues Relating to Residential Facilities You have requested me to elaborate further on the various planning and land use issues that need to be studied if the City Council decides to adopt an interim ordinance establishing a moratorium on certain residential facilities. The interim ordinance, which is scheduled for a second reading and public hearing on October 26, 1987, lists reasons and areas of study. Section 1.02 of that ordinance points out that our Zoning Ordinance is unclear about how certain uses are classified and whether or not there is a need for a new classification. Much of the classification issue is based on what the state has defined in Minnesota Statutes 245.782, Subdivision 6, as a "residential facility" and how this relates to our Zoning Ordinance classification of uses. State Statutes at 2 Subdivision 6, defines a residential facility as: "... any facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24 hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, which for any reason cannot be furnished in the persons own home. Residential facilities include, but are not limited to: state institutions under the control of the Commissioner of Human Services, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, supportive living residences for functionly impaired adults, or schools for handicapped children." Our Zoning rdinance does not define residential facility nor make reference to the g Ys State definition. Under our Zoning Ordinance classification of uses, we list as either permitted uses or special uses in certain zoning districts "nursing care homes (at not more than 50 beds per acre) , maternity care homes, boarding care homes and child care homes, provided that these institutions shall, where required by state law, or regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority." This classification is listed as a special use in the R4 and R5 multiple residence zoning districts and as a permitted use in the Cl and C1A service /office zoning districts. This classification of uses is not referenced in any other zoning district. The area needing further study, with possible amendments to the Zoning Ordinance, is the proper definition and classification of uses already included in our ordinance and other uses, such as those listed in Section 1.02. Do all of the uses listed have similar land use characteristics and land use impacts on surrounding properties, to classify them in the same manner? f Memo Page 2 October 23, 1987 Section 1.03 of the proposed interim ordinance lists four subareas in need of further study that are related to planning and land use issues and regulation. No. 1 of Section 1.03 lists "the particular zoning districts in which such uses should be allowed as either permitted uses or special uses" as an area in need of further review. Presently, State Statues, at 245.812, Subdivision 4, mandates that a licensed residential facility (as defined above) serving from 7 through 16 persons shall be considered a permitted multiple - family residential use of property for the purposes of zoning. A municipality may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless such additional conditions are necessary to protect the health and safety of the residents of the facility. This means that in our multiple - family residential zoning districts (R3 through R7), the City must allow a licensed residential facility with 7 through 16 clients. The state has apparently determined that these residential facilities, provided they are licensed and have limited occupancies, have land use characteristics compatible with all multiple residential zones and must be permitted. No determination has apparently been made by the state that licensed residential facilities housing 17 or more clients are compatible with all multiple - family residential zones and have similar land use characteristics with other multiple - family residential zoning districts. This is apparently something than can be determined locally. As mentioned previously, the classification of "nursing care homes, maternity care homes, boarding care homes and child care homes" is listed in our Zoning Ordinance as a special use in the R4 and R5 multiple - family zoning districts and as a permitted use in the C1 and ClA service /office zoning districts. It is because of this classification that we are currently required to consider residential facilities, particularly residential facilities with 17 or more clients as special uses in the R4 and R5 zoning districts. Northwest Residence with 14 clients and the Bill Kelly House with 23 clients fall under this classification. Currently, the City would not have to process a special use permit, nor allow, a licensed residential facility with 17 or more clients in the R3, R6 or R7 zoning districts because such classifications of use are not listed in those particular zoning districts. Again, licensed residential facilities serving 7 through 16 clients are mandated by the state as permitted uses in our R3, R6, and R7 multiple residential zoning districts and would have to be allowed. In the Cl and ClA zoning districts, nursing care homes, maternity care homes, boarding care homes, and child care homes would be allowed as permitted uses (no special use permit required). One might assume that a licensed residential facility of any number might also be considered a permitted use in the C1 and ClA zoning districts, although this is not clear. It is inconsistencies such as these that lead to the need to further study and clarify not only the definitions and land use classifications contained in our Zoning Ordinance, but also land use characterics such as parking needs, traffic Memo Page 3 October 23, 1987 generation, density and other land use impacts that make these uses similar or dissimilar, and what appropriate land use districts should this uses be allowed in? Are these uses similar and /or compatible to each other and similar and /or compatible with uses already allowed in particular zoning districts? Is there a need to establish a separate land use district, and district regulations, for these uses? Point No. 2, of Section 1.03 of the interim ordinance questions "the population density of clientele that such facilities should serve in the various zoning districts." Does the number of clients in a particular residential facility or in a nursing care home, boarding care home, etc. have an affect on land use considerations such as parking? Again, the state only mandates that licensed residential facilities serving 7 through 16 be considered a multiple - residential use of property. Do facilities with more than 16 clients cause different, or negative impacts on surrounding properties? Does the type of treatment being provided, or the type of clientele being admitted, create different land use related impacts that warrant different or separate regulations or considerations? As an example, does a residential facility providing treatment for 18 mentally retarded teenagers have a substantially different zoning impact than a residential facility housing 24 chemically dependent exconvicts? Do all residential facilities have the same land use charactistics? Does the number of clients housed in a facility cause different zoning related concerns? No. 3, under Section 1.03, relates to "the concentration and density of such uses in the City and its neighborhoods." In 1984 the State Legislature adopted legislation to promote the dispersal of residential facilities from highly concentrated areas. The highly concentrated areas exist primarily in the central cities of Minneapolis and St. Paul. The legislation defined "highly concentrated" as "... having a population in residential facilities serving 7 or more persons that exceeds one half of one percent of the population of a recognized planning district or other administrative subdivision." Brooklyn Center, which is an inner ring suburb area, can expect to see relocations of residential facilties into the area, due to, among other things, its close proximity to the central cities. Brooklyn Center must be concerned as well that it does not become overconcentrated with residential facilities to the point that we begin experiencing the same kinds of problems experienced by the central cities that have become highly concentrated with residential facilities. Specific regulations need to be studied for possible adoption to prevent overconcentration of residential facilities in our community. Is is possible to establish, as a zoning regulation, the maximum population allowed in terms of residential facilities for the City? Can the City's "neighborhoods" be used as a "recognized planning district" to avoid overconcentration in these areas as well. No. 4, in Section 1.03, relates to planning and land use concerns regarding the need to study the effect the location of residential facilities may have on surrounding properties. Do any of the broad category of residential facilities have an adverse impact on the health, safety, and welfare of surrounding properties? As an example, do residential facilities for former child abusers create unwarranted safety concerns for neighborhood children, or children attending a nearby school? It does not appear that all of the various types of residential facilities have the at Memo Page 4 October 23, 1987 same impact on neighborhood safety. Does the type of clientele, or the type of treatment being offered, adversely impact neighborhood safety or neighborhood property values? These are the types of questions that need to be addressed in a major study regarding residential facilities. It must determine if our ordinances appropriately classify and distinguish between potentially similar and dissimilar uses and the need for special regulations and considerations in dealing with residential facilities from a planning and zoning perspective. MEMORANDUM TO: Gerald G. Splinter, City Manager tJl. FROM: Ronald A. irector of Planning and Inspect � g P DATE: October 23 1987 SUBJECT: Listing of Information and Data Submitted Related to Planning Commission Application No. 87012 (Bill Kelly House) since the October 5, 1987 City Council Meeting Attached are matters we have received since the last City Council meeting relating to the Bill Kelly House Application: 1. Listing of potential special use permit conditions for Application No. 87012 which was submitted to the City Council on October 5, 1987. 2. A listing of the potential special use permit conditions and a two page attachment which was received from the neighborhood committee on October 12, 1987. The document says "see attached sheets for additional or amended conditions." 3. A copy of the City Attorney's revised language for Kelly House conditions dated October 12 1987. 4. A two -page listing of comments received from the applicant regarding potential conditions for the special use permit which was received on October 13, 1987. 5. An October 14, 1987 cover letter from the City Attorney and a three- page attachment listing 23 possible conditions for this application, stamped PRELIMINARY. 6. Information received from the neighborhood committee on October 20, 1987 recommending changes to the preliminary Conditions No. 9, 21, and 24. 7. An October 7, 1987 letter from the City Attorney to the City Manager indicating that an extraordinary majority vote by the City Council is not required for adoption of an interim ordinance establishing a moratorium. 8. A copy of an October 7, 1987 letter from Norma L. Nelson regarding her concerns and comments about the Bill Kelly House application. 9. An October 9, 1987 letter from the Minneapolis Department of Inspections indicating that no inspections had been made at 2544 Pillsbury Avenue South by the City Housing Section from July 1, 1985 to present. 10. A copy of a Minneapolis Fire Department inspection of 2544 Pillsbury done on July 23, 1982. Memo Page 2 October 23, 1987 11. An October 16, 1987 letter from Henry Norton to the City Manager regarding ,. the Bill Kelly House revised relocation plan for tenants and copies of insurance requirements of Hennepin County for the Kelly House facility. .- 12. An October 6, 1987 letter from Jay Bambery of the State Mental Health Division. LISTING OF POTENTIAL SPECIAL USE PERMIT CONDITIONS FOR APPLICATION NO. 87012 1. Building plans are subject to review and approval by the Building Official and the State Building Codes Division with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming 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. 4. The site plan shall be amended prior to consideration by the City Council to indicate a 42 foot wide parking lot at _least 17, 90 degree parking stalls and be bounded by B612 curb and gutter. 1 5. The premises shall continue to be licensed under the Housing Maintenance and Occupancy Ordinance and shall be subject to the maintenance and occupancy provisions therein. 6. The permit is issued to the applicant and is nontransferable. 7. The permit is subject to all applicable codes, ordinances and regulations and any violation shall be grounds for revocation. 8. Existing tenants shall receive a minumum of 30 days notice prior to the date they are expected to vacate the premises. 9. The City strongly recommends the addition of at least one staff person on the premises during the hours of 4:00 p.m. and midnight during weekdays and between the hours of 8:00 a.m. and midnight on weekends to provide better supervision and protection of the residents of the facility. 10. The facility shall be subject to a City Board and Lodge License and compliance with these requirements. 11. The special use permit shall be reviewed within one year of the date of issuance to examine the history, if any, of complaints or police actions relating to the facility. 12. Approval acknowledges the ability of the applicant to provide up to 20 parking spaces on -site meeting the minimum requirements of the Zoning Ordinance. The applicant shall enter into an agreement with the City whereby the applicant agrees to provide at least 20 parking spaces on -site upon a determination by the City that the parking spaces are needed. Said agreement shall be filed with the title to the property. 13. Any and all outside trash disposal facilities shall be appropriately screened from view. 14. The facility must be licensed as a Rule 36 Facility for mentally ill adults by the State of Minnesota and must continue to comply with all state and county rules and regulations. 15. The facility may not seek or obtain licensure from the State Department of Corrections or seek or accept referrals from the Criminal Justice System. 16. No more than 23 residents may reside at the facility. 17. The facility may not be used for treatment, counseling, evaluation, group or individual therapy or the like for any persons who are not currently residents of the facility. A 18. Resident characteristics must be consistent with Rule 36 Program guidelines in effect as of the date of this Resolution, i.e. individuals who do not exhibit behavior that is harmful to themselves or others. Specifically, the facility shall be operated in accordance with the following admission and discharge policies: a. Residents must have a statement from an M.D. regarding level of functioning regarding medication administration. b. Individuals who are mentally retarded (Full Scale IQ less than 70) may not be admitted. c. Residents must not be currently at risk to harm themselves or others. d. Residents may not be admitted who have caused tissue damage to another in the last 6 months. e. Residents must be screened, approved of and referred by Hennepin County Mental Health Social Services. f. Residents shall be transferred from the facility for violence toward others. 19. Applicant shall promptly notify the City of any changes in State licensing Procedures or requirements or in admission or discharge polcies. 20. Residents of the facility must have a primary diagnosis of mental illness and may have a secondary diagnosis of chemical dependency. 21. Applicant must have an approved services contract with Hennepin County for this location before making physical alteration of the site. r' LISTING OF POTENTIAL SPECIAL USE PERMIT CONDITIONS��� FOR APPLICATION NO. 87012 1. Building plans are subject to review and approval by the Building Official and the State Building Codes Division with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site oerformance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. The site olan shall be amended prior to consideration by the City Council to indicate a 42 foot wide parking lot at least 17 90 degree parking stalls and be bounded by B612 curb and gutter. 5. The premises shall continue to be licensed under the Housing Maintenance and Occupancy Ordinance and shall be subject to the mintenance and occupancy provisions therein. 6. The permit is issued to the applicant and is nontransferable. 7. The permit is subject to all applicable codes, ordinances and regulations and any violation shall be grounds for revocation. 8. Existing tenants shall receive a minumum of 30 days notice prior to the date they are expected to vacate the premises. 9. The City strongly recommends the addition of at least one staff person on the premises during the hours of 4:00 p.m. and midnight during weekdays and between the hours of 8:00 a.m. and midnight on weekends to provide better supervision and protection of the residents of the facility. 10. The facility shall be subject to a City Board and Lodge License and compliance with these requirements. 11. The special use permit shall be reviewed within one year of the date of issuance to examine the history, if any, of complaints or police actions relating to the facility. 12. Approval acknowledges the ability of the applicant to provide up to 20 parking spaces on -site meeting the minimum requirements of the Zoning Ordinance. The applicant shall enter into an agreement with the City whereby the applicant agrees to provide at least 20 parking spaces on -site upon a determination by the City that the parking spaces are needed. Said agreement shall be filed with the title to the property. is3 "c ► +_� ro "�� ,: > 9e- r'i .t�.e � 13. Any and all outside trash disposal facilities shall be aopropriately screened from view. 14. The facility must be licensed as a Rule 36 Facility for mentally ill adults by the State of Minnesota and must continue to comply with all state and county rules and regulations. 15. The facility may not seek or obtain licensure from the State Department of Corrections or seek or accept referrals from the Criminal Justice System. 16. No more than 23 residents may reside at the facility. 17. The facility may not be used for treatment, counseling, evaluation, group or individual therapy or the like for any persons who are not currently residents of the facility. 18. Resident characteristics must be consistent with Rule 36 Program guidelines in effect as of the date of this Resolution, i.e. individuals who do not exhibit behavior that is harmful to themselves or others. Specifically, the facility shall be operated in accordance with the following admission and discharge policies: a. Residents must have a statement from an M.D. regarding level of functioning regarding medication administration. b. Individuals who are mentally retarded (Full Scale IQ less than 70) may not be admitted. -- - c. Residents must not be currently at risk to harm themselves or others. d. Residents may not be admitted who have caused tissue damage to another in the last 6 months. e. Residents must be screened, approved of and referred by Hennepin County Mental Health Social Services. f. Residents shall be transferred from th.e facility for violence toward others. 19. Applicant shall promptly notify the City of any changes in State licensing procedures or requirements or in admission or discharge polcies. 20. Residents of the facility must have a primary diagnosis of mental illness and may have a secondary diagnosis of chemical dependency. 21. Applicant must have an approved services contract with Hennepin County for this location before making physical alteration of the site. c �G. Lc 4. The site plan shall be amended prior to consideration by the City Council to provide a 42 foot wide parking lot with at least 17 90 degree parking stalls and be bounded by B612 curb and gutter. 5. The premises shall continue to be licensed under the City Housing Maintenance and Occupancy Ordinance and shall be subject to maintenance and occupancy provisions therein. 8. Existing tenants shall receive a minumum of 60 days notice prior to the date they are expected to vacate the premises and a plan of relocating residents plus compensation if not finding affordable housing. ousing. 9. Bill Kelly House agrees to the addition of at least one per- manent staff person on the premises during the hours of 4_00 p.m. and 8:00 a.m. during the weekdays and between the 48 hours of the weekend to provide better supervision and protection of the residents of the facility . They will also provide written documentation for proof of funding from the state and county. 10. The facility shall be subject to a City Board and Lodge Li- cense and compliance with these requirements. Application shall be made each year for reissuance of the special use permit. 11. The special use permit shall be reviewed within one year of the date of issuance. The City will examine the history, if any, of complaints or police actions relating to the facility, and violations shall be grounds for revocation. 13. Any and all outside trash disposal facilities shall be appropriately fenced from view by a 6 foot gated fence. 14. The facility must be licensed as a Rule 36 Facility for mentally ill adults by the State of Minnesota and must con- tinue to comply with all state and county rules and regu- lations. Violations shall be grounds for revocation of their special use permit. 15. The facility will not seek or obtain licensure from the State Department of Corrections or seek or accept referrals from the Criminal Justice System. r 17. The facility will not be used for treatment, counseling, evaluation, group or individual therapy or the like for any persons who are not currently residents of the facility. 22. Any reduction in appraised values will be assessed against the Bill Kelly House. Appraised values will be determined by 3 qualified appraisers. 23. A Neighborhood Advisory Committee will be formed consisting of 3 persons plus 2 alternates and will meet once a month with management of the Bill Kelly House. This committee must have the ability to make reasonable unannounced visits to the facility in order to determine if in fact all ordi- nances and regulations are being complied with. If there are any violations found, they will be reported to the city for immediate reviewal, and shall be grounds for revocation. 24. There shall be liability insurance coverage procured for the facility, residents, and staff there of, in the amount of one million dollars. repot 25. The facility will rep.rt to the city all instances of physical injury to residents or anyone else caused by the facility or residents there of. This also includes all accidents. Miss- ing persons shall be reported immediately to the city author- ities, not 6 hours after the fact as listed in the Bill Kelly House guidelines. 26. Pinic tables, volleyball nets, etc., will not be located in the front or sides of the building. This will be very dis- turbing to the neighbors not to mention unsitely. 27. Proof that no felons or sex offenders will be be allowed in- to the facility. 28. Outside maintenance will concide with other residents in the area. 10 -12 -87 REVISED LANGUAGE FOR KELLY HOUSE CONDITIONS 1 -7 No change. 7. The permit is subject to all applicable codes, ordinances and regulations, and any substantial violations which are not corrected in a reasonable period shall be grounds for revocation. 8. The Applicant shall use its best efforts to notify tenants as early as is reasonably possible of the need to vacate the premises, but in no event shall such notice be given less than 30 days prior to the date of vacation. Applicant is encouraged to attempt to assist displaced tenants in locating replacement accommodiations and making arrangements to move. 9. No change. 10. The facility shall be subject to appropriate health licensure. 11 -13. No change. 14. The facility must be licensed by the State of Minnesota under Minnesota Rules 9520.0500 to 9520.0690, as amended, for mentally ill adults and must continue to comply with all state and county rules and regulations. 15. To be revised by Applicant. 16. No change 17 -21. To be revised by Applicant. 0007DR03.E19 Kelly Norton Programs, Inc. Potential Special use permit Conditions -- Draft -- October 13, 1987 Note:Material in () is commment, not proposed language. Underlined words are proposed new or substitute wording. 1.- -6. - -( Acceptable as drafted by city. (City has represented building complies with Housing P g P g Maintenance and Occupancy Ordinance and that proposed occupancy will comply with density standards thereunder[see #5]; we have requested a copy of the ordinance.) 7. The permit is subject to all applicable codes, ordinances, and regulations and any substantial violation not corrected within a reasonable period after notification shall be grounds for consideration of revocation. 8.- -(City may propose additional language, which we will consider. Henry Norton will draft a statement explaining relocation plans in-more detail.) 9.-- (Acceptable as drafted. (All parties recognize that language is precatory rather than conditional.) 10. The facility shall be subject to required or applicable health department licensure. 11. -13. -- (Acceptable as drafted, provided we have an opportunity to review proposed proof of parking agreement required by #12.) 14. -- (Acceptable as drafted, with Minnesota Rules, part . . cites to be substituted for "Rule 36. 15. The facility may not seek or obtain licensure from the Minnesota Department of Corrections. 15a. Persons who have been convicted of any of the following crimes within three years prior to applying for admission to the facility are to be excluded from the facility: a) crimes involving violence or physical injury toward another person; b sexual abuse or assault; c) arson or firesetting; d0 felon crimes of theft burglary, or robber Y g Y1 . Y 16. -- (Acceptable as drafted.) 17. The facility shall be operated as a program offering treatment on a residential basis in accord with Department of Human Services licensure and except as appropriate thereunder, may not be used for outpatient treatment, counseling, evaluation, group or individual therapy. 18. Criteria for admission and discharge of facility residents must be consistent with Minnesota Rules, parts 9520.0500 to 9520.0690 guidelines and , subject to those rules and any requirements imposed by Hennepin County with the following admission and discharge policies of the facility in effect as of the date of this Resolution: a. Persons who in the professional judgment of the admission team are deemed to pose a significant current likelihood of causing physical harm to themselves or others shall not be admitted. b. Persons who are determined to have intentionally caused Physical harm to another in the six months prior to consideration for admission may not be admitted C. Applicants for admission to the facility must be screened, approved of and referred by appropriate county social service personnel. d. Applicants for admission to the facility must have a statement from an M D indicating level of functioning regarding medication administration e_. Any resident who has intentionally caused substantial Physical harm to another shall subject to applicable legal requirements, be transferred from the facility. f. Persons with mental retardation (full scale I0 less than 70) are not within the scope of the facility's licensure and may not be admitted All admission evaluation and discharge operations of the facility are subject to applicable legal requirements under the Minnesota Data Practices Act and other relevant regulations and statutes 19. Applicant shall promptly provide to the City copies of any notices applicant receives regarding changes in state licensing procedures or requirements as well as copies of changes in its admission and discharge policies. 20.-- (under consideration by Richard Ellis and Henry Norton.) 21.-- (Henry Norton has requested advice from Hennepin County with respect to site specificity of contract and advice as to acceptable language; we have requested deletion of "for this location. ") LeFevere Lefler Kennedy O'Brien & Draivz a Professional Association 2000 First Bank Place West October 14, 1987 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333-0540 Mr. Jerry Splinter Clayton L. LeFevere City Manager ;icrbe,: P. Lefler City of Brooklyn Center J. Dennis O'Brien John E. Drawz 6301 Shingle Creek Parkway David J. Kennedy Brooklyn Center, MN 55430 Joseph E. Hamilton John B. Dean Glenn E. Purdue Re: Kelly House Special Use Permit Conditions Richard J. Schieffer Charles L. LeFevere Dear Jerry: Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Galt Attached is the most recent draft of the proposed Dayle Nolan conditions for the Kelly House Special Use Permit. John G. Kressel Steven B. Schmidt M. Strommen Very truly yours, H. Batty P. Jordan William R. Skallerud Rodney D. Anderson Corrine A. Heine Charles L. LeFevere David D. Beaudoin Paul E. Rasmussen Steven M. Tallen CLL : rsr Mary Frances Skala Christopher J. Harristhal CC • ( /Encl . } Timothy J. Pawlenty ' Rolf A. Sponheim Ron Warren Julie A. Bergh Henry W. Norton, Jr. Susan L. Lentz, Esq. t ; [DRAFT] 10 -14 -87 APPLICATION NO. 87012 SPECIAL USE PERMIT CONDITIONS 1. Building plans are subject to review and approval by the Building Official and the State Building Codes Division with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming 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. 4. The site plan shall be amended prior to consideration by the City Council to provide a 42 foot wide parking lot with at least 17 - 90 degree parking stalls and be bounded by B612 curb and cutter. The site plan shall show all permanent recreational facilities or fixtures. 5. The premises shall continue to be licensed under the City Housing Maintenance and Occupancy Ordinance and shall be subject to the maintenance and occupancy provisions therein. 6. The permit is issued to the Applicant and is nontransferable. 7. The permit is subject to all applicable codes, ordinances• and regulations, and any substantial violations which are not corrected in a reasonable period after notification shall be grounds for revocation. 8. The Applicant shall use its best efforts to notify tenants as early as is reasonably possible of the need to vacate the premises, but in no event shall such notice be given less than 30 days prior to the date of vacation. Applicant is encouraged to attempt to assist displaced tenants in locating replacement accommodations and making arrangements to move. 9. The City strongly recommends the addition of at least one staff person on the premises during the hours of 4:00 p.m. and midnight during weekdays and b.etween the hours of 8:00 10 a.m. and midnight on weekends to provide better supervision and protection of the residents of the facility. J 1 4 10. The facility shall be subject to required or applicable health department licensure. 11. The special use permit shall be reviewed within one year of the date of issuance to examine the history, if any, of complaints or police actions relating to the facility. 12. Approval acknowledges the ability of the Applicant to provide up to 20 parking spaces on-site meeting the minimum requirements of the Zoning Ordinance. The Applicant shall enter into an agreement with the City whereby the Applicant agrees to provide at least 20 parking spaces on-site upon a determination by the City that the parking spaces are needed. Said agreement shall be filed with the title to the property. 13. Any and all outside trash disposal facilities shall be appropriately screened from view. 14. The facility must be licensed by the State of Minnesota under Minnesota Rules Parts 9520.0500 to 9520.0690, as amended, for mentally ill adults and must continue to comply with all state and county rules and regulations. 15. The facility will not seek or obtain licensure from the Minnesota Department of Corrections. Persons who have been convicted of any of the following crimes within three years prior to applying for admission to the facility are to be excluded from the facility: a) Crimes involving violence or physical injury toward another person; b) Sexual abuse or assault; c) Arson or firesetting; d) Felony crimes of theft, burglary or robbery; e) Any violation of Minn. Stat. 1986, Section 152.09, Subdivision 1, clause (1), which is punishable as a felony. 16. No more than 23 residents may reside at the facility. 17. The facility shall be operated as a residential facility and not as an outpatient clinic. The facility shall be operated as a program offering treatment on a residential basis in accord with Department of Human Service licensure and except as appropriate thereunder, may not be used for outpatient treatment, counseling, evaluation, group or individual therapy. 18. Criteria for admission and discharge of facility residents must be consistent with Minnesota Rules, parts 9520.0500 to 9520.0690 guidelines and, subject to those rules and any requirements imposed by Hennepin County, with the following admission and discharge policies of the facility: 1 2 V a) Persons who, in the professional judgment of the admission team, are deemed to pose a significant current likelihood of causing physical harm to them- selves or others shall not be admitted. b) Persons who are determined to have intentionally caused physical harm to another in the six months prior to consideration for admission may not be admitted. c) Applicants for admission to the facility must be screened, approved of and referred by appropriate county social service personnel. d) Applicants for admission to the facility must have a statement from an M.D. indicating level of functioning regarding medication administration. e) Any resident who has intentionally caused substantial physical harm to another shall, subject to applicable legal requirements, be transferred from the facility. f) Persons with mental retardation (full scale IQ less than 70) are not within the scope of the facility's licensure and may not be admitted. g) All admission, evaluation and discharge operations of the facility are subject to applicable legal require- ments under the Minnesota Data Practices Act and other relevant regulations and statutes. 19. Residents of the facility must have a primary diagnosis of mental illness and may have a secondary diagnosis of chemical dependency. 20. Applicant must have an approved services contract with Hennepin County applicable to this location before making physical alteration of the Site. 21. Opportunity will be afforded for neighborhood involvement in the facility advisory committee as set forth in Minnesota Rules Parts 9520.0500 to 9520.0690. 22. Liability insurance shall be maintained by the facility in accordance with state and county requirements. 23. The facility shall comply with Minn. Stat. 1986, Section 626.557, and other applicable statutes and regulations with respect to injured and missing residents and injury of others by residents. 0007DR04.E19 3 I 9. Bill Kelly House agrees to maintain a staff level of 2 per- sons on the premises during the hours of 4 P.M. and 8 A.M. during the weekdays and between the 48 hours of the weekend to provide better supervision and protection of the residents of the facility. They will also provide written documenta- tion for proof of funding from the state or county. 21. A Neighborhood Advisory Committee will be formed consisting of 3 persons plus 2 alternates and will meet once a month with management of the Bill Kelley House. This committee must have the ability to make reasonable unannounced visits to the facility in order to determine if in fact all ordi- nances and regulations are being complied with. If there are any violations found, they will be reported to the city for immediate reviewal, and shall be if necessary grounds for revocation. 24. Henry Norton Inc. guarantees that there will be no decline in property values in the surrounding area as a result of the presence of the facility. As a part of the guarantee, Henry Norton Inc. agrees to reimburse any effected proper- ties in the dollar amount of the decline. This guarantee will also reflect that timeliness of sale of any property is of financial consideration for reimbursement of losses. LeFevere 7 07 Lef lee KennedN O'Brien 8, Drawz a Professional Association 2000 First Bank Place West October 7, 1987 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333 -0540 Mr. Jerry Splinter Clayton L. LeFevere City Manager Herbert P. Lefler City of Brooklyn Center J. Dennis O'Brien John E. Drawz 6301 Shingle Creek Parkway David J. Kennedy Brooklyn Center, MN 55430 Joseph E. Hamilton John B. Dean Glenn E. Purdue Re: Moratorium Ordinance Richard J. Schieffer Charles L. LeFevere Dear Jerry: Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Galt Last week I advised you that I expected that the adoption Dayle Nolan of a moratorium zoning ordinance would be sub to the John G. Kressel Steven B. Schmidt statutory provision requiring a two- thirds vote for James M. Strommen amendments to a zoning ordinance. #arn ld H. Batty m P. Jordan R. Skallerud I have since learned, however, that the attorney general Rodney D. Anderson has given his opinion that the adoption of such Corrine A. Heine ordinances are not subject to the requirements of an David D. Beaudoin Paul E. Rasmussen extraordinary majority vote. Therefore, an interim Steven M. Tallen ordinance could be adopted by the city council upon the Mary Frances Skala affirmative vote of three council members. Opinion of Christopher J. lentythal the Attorney General 63b -14 October 6 1982. Timothy J. Pawlenty y , , Rolf A. Sponheim Julie A. Bergh Very truly yours, Charles L. LeFevere CLL:rsr Enclosure October 7, 1987 Dear f ' Y rz _ C i ✓�vv'� t -L -Z' 7t /,lir �.�Li:'7 /L Ci'. �1� L1% - I am sorry that I will not be able to attend the city council meeting on the 26th of October , because we will be out of town; therefore I would like to express my concerns in this letter regarding the Bill Kelly House. For the past few months we the citizens of Brooklyn Center have been trying to protect our rights and have found the law appears to protect the guilty over the innocent. In June when the Bill Kelly House decided to relocate on 52nd and Drew they allerted as few people as possible with brochures on their meeting with the city council requesting a Special Use Permit for a residential treatment facility. It was by accident that,some of the neighborhood found out and many concerns arose about it. We have voiced our great concern for the innocent children that range. from Kindergarten through sixth grade that learn and play at Northport School only two blocks from the proposed sight where the Bill Kelly House plans to relocate. There is a big difference in Nursery school children, who were near their place on Pillsbury, and the children who range from Kindergarten through sixth grade at Northport School. Who is going to protect the innocent children? Are those who chose to chemically abuse their lives, and alcohol can cause mental illness by chemical imbalance, come before the rights of innocent children? Should they be forced to live in such a dangerous surrounding with people like these who have been known to become violent? If the Bill Kelly House is permitted to relocate here it will soon drive the children 1 ren out of the la oun and a rk which d P yam' P is their rightful lace to g la The residents of Bill Kell House P play, y e will go to the Northport Park as stated by the applicants. Soon it will become a dangerous place for the children to play and they will no longer feel safe and at ease to play there. When residents of the Bill Kelly House disappear and the police are notified it becomes a little late concerning the safety of a small child or teenager. Another thing the Bill Kelly House is understaffed to care for this many people, probably insufficent funds are allocated. This location on 52nd and Drew does not provide sufficient grounds for outdoor exercise. That is probable why they chose this location close to the school play— ground and public park to use the facilities that rightfully belong to the school children. Yes, fear should be a prime concern. Haven't we a right as law abiding, tax paying citizens to be heard and upheld to ward out a situation that could end up extremely harmful to our community? There is a time and a place for everything and this is not the place for a 4 Bill Kelly House. Why should children's lives be put in jeopardy when these people who choose to do this to their lives come before them. It is the tax payer who makes it possible for these places to exist in the first place. The law needs some changing. Please we ask you, for the sake of the children, do not permit the Bill Kelly House to relocate here. It is inconsiderate of them the way they have pushed themselves in here, probably knowing that it is not the place for a rule #36 facility. If our children are important to us, and I pray.so, for they will be our future leaders someday, consider their rights if not ours and turn down this request to the Bill Kelly House as the wrong location considering the many children whose lives will be directly affected in one way or the other. The children look to us for protection. Let us not fail them. Si c rely, o0 L. Nelson 3519 53rd Place No. Brooklyn Center, Minn. 55429 Copies to: Mayor:Dean Nyquist: City Council Members Hennepin County Commissioner:John Beres United States Representative :William Luther Minnesota Representative:Phil Carruthers Planning Cimmission Secretary :Ronald A. Warren City Manager:Jerry Splinter c � O DEPARTMENT OF INSPECTIONS DMUMM1 O n 300 PUBLIC HEALTH CENTER I 'MINNEAPOLIS, fV;NNESOTA 5541 b * SOLJ JACOBS, P . �p� O� DIRECTOR n�7 October 9, 1987 There have been no inspections at 2544 Pillsbury Avenue by City of Minneapolis Housing Section from July 1, 1985 to present. FIRMAT IVE ACTION EMPLOYER TTY /VOICE (612) 348 -2157 r 7 86 MINNEAPOLIS FIRE DEPARTMENT MFD #15b COP HARG INV CE Name of Company /Individual: 1 Date: k Material Requested: ' ; Z: G /yj i W o. of Pages: �_ Total Cost: PLEASE MAKE CHECK PAYABLE TO: Minneapolis Finance Department. RETURN TO: Minneapolis Fire Department Room 230, City Hall Minneapolis, MN 55415 COPY CHARGES: $1.00 first page $ .50 each additional page FORM NO. 84 G MINNEAPOLIS FIRE DEPARTMENT Address '7 / 0 (� Name of Concern f ?�� Operation istrict /j Company S Shift Construction F�I._D / im. 7 — Height ?i-- Bldg. Owner If Known ! v �l �� Address -1 7 2 /1 — Z � EXIT REQUIREMENTS Action Taken" S U W.O. I.C. I. Exits General: Number n U obstr t \ uc ed Panic Hardware Openabie without key Stairways Unobstructed � Q Q O 2. Corridors: Unobstructe a Q Q 3. Aisles: Unobstructed a a a 4. Exit Signs: Adequately Lighted ' Q Q a 5. Exit Lighting Adequate: Not Adequate Q a Q s+s 6. Emergency Lighting: Provided Tested None a a 7. Fire Doors: Self - closing Operative Unobstructed Q a Q x STRUCTURAL CONDITIONS 8. Street Address: Posted,Street Alley _ J_Readily Visible Q' a O O 9. Roof of Building: Condition V � Openings # Access To-61M Q a 10. Fire Separat Openings Protected � Holes / a Q O 11. Boiler and Heater Rooms: Protected 4 Housekeeping � & a a 12. Spray Booths: Is Required Permit: Yes No Ignition Source Q a Q a 13. Open Shaftwsys Marked: Doors Windows a a o GENERAL REQUIREMENTS \\ 14. Types of Permits: if required, list under Remarks. 15. Decorative Materials and Drapes: Flameproof Near Heat Q a Q 0 16. Combustible Storage: Near Heat Hei t Aisles Housekeep1ng�� / 17. Combustible Rubbish: Proper Containers w /lids it Accumulations a Q 18. Heating Appliances: Guarded Type, Gas Electric Near Combustibles o a O 19. Fire Drills: Monthly X of a 20. Flammable Liquids: Quantity,Class i Classll Other Storage Room Storage Cabinets Approved Containers Use lgnition Sources a O O Q 21. Hazardous Materials: Type and Quantity Storage Use a Q Q N 22. Flammable and Compressed Gases: L.P.G. Other Storage Q o ED O n s FORM NO. 84 - 2 - Action Taken* FIRE PROTECTION EQUIPMENT S U W.O. I.C. 23. Sprinkler System: Type Full Partial Supervised Obstructions F.D. Connectfon Flow Test Date o o Q 24. Standpipes: Wet Dry Outside Properly Marked Obstructlons 25. Hose Cabinets: Condition of Hose Nozzles Properly Marked M F.D.Threads Q o Q 26. F.D. Siamese Connections d Test Header (Wall Hydrant): M.F.D.Threads Caps Marked 0 a 27. Fire Pump: Test Date Rating G.P.M. o Q a Q 28. Alarm System: Type Coverage Supervised \ Test Date: F.D. Control Center a o 0 a 29. Hood Extinguishing System: Required Service Required Manual Operation Accessible Q Q Q a 30. Extinguishers: Water CO Dry Chemical S/A Other Types a Q 31. Key Box: Location Keys Needed, Door Elevator Service ry Order as Required a a O o 32. Elevator: Fire Service Ind. Service O a 0 33. Map Required:' Yes 1" � No Revislon Date L._.I REMARKS: (Additional Remarks on Back of Page 2) i , U VI Co. Officer Date of Inspection District Chlef _ Date - 2 — Z j S- Satisfactory U- Unsatisfactory W.O.- Written Order I.C.- Immedlate Correction a Kelly- Norton Programs, Inc. 6739 Golden Valley Road Golden Valley, Minnesota 55427 (612) 5441447 Y October 16, 1987 Mr. Gerald Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Jerry: Attached is the revised relocation plan for tenants as we discussed which minimizes hardship for tenants "and does not interfere with remodeling. Also I am enclosing the insurance requiremants of the County as you wanted. Sinc rely yours, Henry W. Nort n Henry W. Norton Jr. President Bill Kelly House • OASIS • Stevens House Kelly -Norton Programs, Inc. 6739 Golden Valley Road Golden Valley, Minnesota 55427 (612) 544 -1447 To: Brooklyn Center City Council Re: Relocation Policy of Tenants of 5240 Drew Avenue North A letter was sent September 1, 1987 to tenants of 5240 Drew Avenue North notifying them that the building was purchased by us and may be converted to a residential treatment center. Reasonable notice was promised after appropriate permits are obtained. Since then termination notices have been received on three apart - ments and two other leases come due October 30th without requests for renewal. The only apartment requiring extensive remodeling will be vacant by November lst. Our experience in Golden Valley when OASIS converted a comparable 8 unit apartment building was that even though a 60 day notice was given, seven of the eight apartments were vacated within two weeks. The 8th tenant moved out after 30 days. Offering 60 days unneces- sarily delayed the remodeling. Therefore a more flexible policy is suggested in Brooklyn Center. Following receipt of a conditional use permit tenants will be given a notice to vacate by the end of the following month along with the attached list of available comparable rents. They will be asked to notify us if that would be a hardship. If so, arrange- ments will be made for another month of tenancy while other vacant apartments are renovated. Also use of our company van will be offered for transportation. Those who need the extra time to relocate will have approximately 65 days after the council meeting of October 26th. Deposits with interest will be returned to the tenants within 10 days of departure. Henry W. Norton Jr. President Bill Kelly Ho— • OASIS • Steven Houee - 12 - ` c. Insurance The Provider does further agree that in order to protect itself as well as the Department and Hennepin County under the indemnity agreement provision hereinabove set forth, it will at all times during the term of the Agreement have and keep in force: r (1) A single limit or combined limit or excess umbrella general liability insurance policy of an amount of not less than $1,000,000 for property damage arising from one occurrence, $1,000,000 for total bodily injuries and /or damages arising from one occurrence, and $1,000,000 for total personal injuries and /or damages arising from one occurrence. Such policy shall also include contractual liability coverage protecting Hennepin County, its officers, agents, and employees by specific endorsement acknowledging the contract between the Provider and the County, through the Department. (2) A si ngl e 1 imi t or combi ned 1 imi t or excess umbrel l a automobil e liability insurance policy, if applicable, covering agency- owned, non-owned, and hired vehicles used regularly in the provision of services under this Agreement, in an amount of not less than $1,000,000 per accident for property damage, $1,000,000 for bodily injury and /or damages to any one person, and $1,000,000 for total bodily injuries and /or damages arising from any one accident. (3) A professional liability insurance policy covering paid personnel or volunteers of the Provider while performing counseling and /or health care. services under this Agreement naming the County as an additional insured in the following amounts: $1,000,000 per claimant for personal injuries and /or damages, and $1,000,000 for total personal injuries and /or damages arising from one occurrence. (4) The Provider shall require that each independent profes- sional /contractor rendering counseling /consultation and /or health care services on a regular basis to recipients under this Agreement furnish the following proof of professional l i a b i l i t y insurance in the following manner: A professional liability insurance policy covering said independent prof essi onal /contractor, its agents, or employees while performing services under this Agreement in the follow - ing amounts: $1,000,000 per claimant for personal injuries and /or damages, and $1,000,000 for total personal injuries and /or damages arising from one occurrence. (5) Worker's CompeTation insurance, if applicable. (6) Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty (30) days' prior noti -ce thereof to the County, through the Department. 13 - 4 d. Prior to the effective date of this Agreement, the Provider will furnish the County, through the Department, with certificates of bonding and insurance. e. (1) If the Provider is unable to obtain coverage as required prior to the commencement of the Agreement, or (Z) If coverage is not renewed during the term of this Agreement, or R (3) If coverage is cancelled during the term of this Agreement, The Provider shall immediately make good faith efforts to obtain or replace the insurance coverage required through the open market._ If such efforts are unsuccessful, the Provider shall immediately apply to the Minnesota Joint Underwriting Association and Marketing Assistance Plan for insurance coverage certifying that it has been unsuccessful in obtaining the insurance coverage sought. f. The County, through the Department, may withhold payments for failure of the Provider to furnish insurance coverage or to comply with the insurance replacement requirements as stated above. g. In the event that claims or lawsuits shal l arise jointly against the Provider and the County, and the County elects to present its own defense, using its own counsel , in addition to or as opposed to legal representation available by the insurance carriers providing any or all of the above coverages, then such legal expense shall be borne by the County. 13. INDEPENDENT CONTRACTOR I Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Provider as the agent, representative, or employee of the County for any purpose or in any manner whatsoever. The Provider is, to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Provider represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Provider or other persons while engaged in the performance of any work or services required by the Provider under this Agreement shall have no contractual relationship with the County, and shall not be considered employees of the County. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Provider, its officers, agents, contractors, or employees shall in no way be the responsibility of the County. The Provider shall defend, indemnify, and hold the County, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such 1 2 Bedroom Apartments in Brooklyn Center Address Phone Rent 5700 73rd Avenue 544 -3237 $440.00 7212 Camden N. 566 -6591 $480.00 - $490.00 624 North Oaks Drive 425 -3855 $470.00 507 70th Avenue North 566 -3200 $519.00- $539.00 6651 67th Avenue North 535 -8761 $440.00 1701 69th Avenue North 566 -8840 $535.00 3907 65th Avenue North 533 -807 $446.00 301 67th Avenue North 560 -4833 $479.00 65th & Zane 533 -4130 $460.00- $480.00 65th & Zane 535 -4047 $450.00 STATE OF MINNESOTAq� DEPARTMENT OF HUMAN SERVICES CENTENNIAL OFFICE BUILDING ST. PAUL, MINNESOTA 55155 October 6, 1987 y Mayor Dean Nyquist and City Council Members City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Application # 87012 (Bill Kelly House) Dear Mayor Nyquist and Council Members: I am writing to address several issues and questions that were raised at the public hearing last night. First, I don't believe I was particularly clear in my discussion with Mr. Warren regarding the distinction between Rules 36 and 35, the admission criteria, and the type of resident that would be served by the Bill Kelly House. The simplest way to clarify would be to delete the portions of lines 10 and 11 on page 2 of Mr. Warren's October 2 staff notes stating "...persons admitted to Bill Kelly may not..." and, lines 13 and 14 "... persons admitted to Eden House may not..." The distinguishing factor and key language throughout the discussions relates to what is primary and what is secondary. Although Bill Kelly House requires that a person be experiencing problems in both mental health and chemical health, the mental illness diagnosis is the primary focus of the treatment and chemical use abuse issues are secondary, symptoms of the mental illness. Second, I would reiterate that is is not unusual at all for a facility to admit persons with both kinds of treatment needs. What distinguishes Bill Kelly House from most facilities is their acknowledgement of the high percentage of Rule 36 residents that experience both as demonstrated by their admission criteria and program design. Our records indicate that sixty nine of seventy three Rule 36 facilities statewide have residents with chemical use issues along with the primary diagnosis of mental illness. AN EQUAL OPPORTUNITY EMPLOYER DHS -825 (8.84) rt Mayor Dean Nyquist and City Council Members r Page 2 October 6, 1987 t Third, I want to repeat my statement to Mr. Warren that even though we do not have an absolute criteria for determining adequacy of recreational space, we do take it seriously. I have been involved in a number of situations where recreational space was an issue and have rejected several proposals. In my judgment, the plan for Bill Kelly House residents is more than adequate. I look forward to a successful negotiating process. Sincerely, amb al alt ion J DN/ cc: Ron arren Henry Norton Gerald Splinter d [DRAFT] 10 -22 -87 (Changes Underlined) APPLICATION NO. 87012 SPECIAL USE PERMIT CONDITIONS 1. Building plans are subject to review and approval by the Building Official and the State Building Codes Division with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming 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. 4. The site plan shall be amended prior to consideration by the City Council to provide a 42 foot wide parking lot with at least 17 - 90 degree parking stalls and be bounded by B612 curb and cutter. The site plan shall show all permanent recreational facilities or fixtures. 5. The premises shall continue to be licensed under the City Housing Maintenance and Occupancy Ordinance and shall be subject to the maintenance and occupancy provisions therein. 6. The permit is issued to the Applicant and is nontransferable. 7. The permit is subject to all applicable codes, ordinances and regulations, and any substantial violations which are not corrected in a reasonable period after notification shall be grounds for revocation. 8. The Applicant shall use its best efforts to notify tenants as early as is reasonably possible of the need to vacate the premises, but in no event shall such notice be given less than 30 days prior to the date of vacation. Applicant is encouraged to attempt to assist displaced tenants in locating replacement accommodations and making arrangements to move. 9. The City strongly recommends the addition of at least one staff person on the premises during the hours of 4:00 p.m. and midnight during weekdays and between the hours of 8:00 a.m. and midnight on weekends to provide better supervision and protection of the residents of the facility. 10. The facility shall be subject to required or applicable health department licensure. 11. The special use permit shall be reviewed within one year of the date of issuance to examine the history, if any, of complaints or police actions relating to the facility. 12. Approval acknowledges the ability of the Applicant to provide up to 20 parking spaces on -site meeting the minimum requirements of the Zoning Ordinance. The Applicant shall enter into an agreement with the City whereby the Applicant agrees to provide at least 20 parking spaces on -site upon a determination by the City that the parking spaces are needed. Said agreement shall be filed with the title to the property. 13. Any and all outside trash disposal facilities shall be appropriately screened from view. 14. The facility must be licensed by the State of Minnesota under Minnesota Rules Parts 9520.0500 to 9520.0690, as amended, for mentally ill adults and must continue to comply with all state and county rules and regulations. 15. The facility will not seek or obtain licensure from the Minnesota Department of Corrections. Persons who have been convicted of any of the following crimes within three years prior to applying for admission to the facility are to be excluded from the facility: a) Crimes involving violence or physical injury toward another person; b) Sexual abuse or assault; c) Arson or firesetting; d) Felony crimes of theft, burglary or robbery; e) Any violation of Minn. Stat. 1986, Section 152.09, Subdivision 1, clause (1), which is punishable as a felony. 16. No more than 23 residents may reside at the facility. 17. The facility shall be operated as a residential facility and not as an outpatient clinic. The facility shall be operated as a program offering treatment on a residential basis in accord with Department of Human Service licensure and except as appropriate thereunder, may not be used for outpatient treatment, counseling, evaluation, group or individual thera Visits for evaluation and introductory tours and all social visits are permitted without limitation, but there shall be on an annual basis an average per week total of no more than twelve counseling visits per week to the facility by former residents that involve the provision of therapy or counseling to those former residents. 2 18. Criteria for admission and discharge of facility residents must be consistent with Minnesota Rules, parts 9520.0500 to 9520.0690 guidelines and, subject to those rules and any requirements imposed by Hennepin County, with the following admission and discharge policies of the facility: a) Persons who, in the professional judgment of the admission team, are deemed to pose a significant current likelihood of causing physical harm to them- selves or others shall not be admitted. b) Persons who are determined to have intentionally caused physical harm to another resulting in tissue damage in the six months prior to consideration for admission may not be admitted. c) Applicants for admission to the facility must be screened, approved of and referred by appropriate county social service personnel. d) Applicants for admission to the facility must have a statement from an M.D. indicating level of functioning regarding medication administration. e) Any resident who has intentionally caused substantial physical harm to another resulting in tissue damage shall, subject to applicable legal requirements, be transferred from the facility. f) Persons with mental retardation (full scale IQ less than 70) are not within the scope of the facility's licensure and may not be admitted. g) All admission, evaluation and discharge operations of the facility are subject to applicable legal require- ments under the Minnesota Data Practices Act and other relevant regulations and statutes. 19. Residents of the facility must have a primary diagnosis of mental illness and may have a secondary diagnosis of chemical dependency. 20. Applicant must have an approved services contract with Hennepin County applicable to this location before making physical alteration of the Site. 21. Opportunity will be afforded for neighborhood involvement in the facility advisory committee as set forth in Minnesota Rules Parts 9520.0500 to 9520.0690. 22. Liability insurance shall be maintained by the facility in accordance with state and county requirements. 3 23. The facility shall comply with Minn. Stat. 1986, Section 626.557, and other applicable statutes and regulations with respect to injured and missing residents and injury of others by residents. 24. An alarm system providing security for accessible entrances will be provided. 0007DR04.E19 4 1''• Mr. Jerry tinter October 22, 1987 Page 5 'justification for doing so in this case. However, we have added the requirement in paragraph 4 that the site plan show all permanent recreational facilities or fixtures so that the City may maintain some review and control over such facilities. The neighbors have recommended the addition of paragraph 27 which would require proof that no felons or sex offenders will be allowed into the facility. We believe that the concern addressed by the recommended condition has largely been taken care of by the language in paragraph 15 which prohibits the admission of persons who have been convicted of any one of a number of listed crimes within the last three years. Finally, the neighbors have recommended the addition of new paragraph 28 which would provide that: "Outside maintenance will coincide with other residents in the area." Staff is of the opinion that this concern is adequately addressed by requiring compliance with the City's Housing and Maintenance Code. Very truly yours, Charles L. LeFevere CLL:rsr LeFevere Lefler Kennedy O'Brien & Drawz a Professional Association 2000 First Bank Place West October 22, 1987 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333-0540 Mr. Jerry Splinter Clayton L. LeFevere City Manager Herbert P. Lefler City of Brooklyn Center J. Dennis O'Brien John E. Drawz 6301 Shingle Creek Parkway David J. Kennedy Brooklyn Center, MN 55430 Joseph E. Hamilton John B. Dean Glenn E. Purdue Re: Conditions on Kelly House Group Home Special Use Richard J. Schieffer Permit and Proposal By Neighbors Charles L. LeFevere Herbert P. Lefler III Dear Jerry: James J. Thomson, Jr. Thomas R. Galt Dayle Nolan At the last regular City Council meeting, the Council was John resented with a list of possible conditions which might Sch midt Steven n B. B. Sch midt P James M. Strommen be imposed on the Kelly House Group Home Special Use Ro H. Batty Permit. A copy of this list of conditions was submitted �0 -. Jordan to the nei hbors of the roposed facility or their Skallerud g P y Rodney D. Anderson review and comment. The City received recommended Corrine A. Heine changes from the neighbors to paragraphs 4, 5, 8 through David D. Beaudoin Paul E. Rasmussen 15 , an p aragraphs 7 d recommended new 23 through 28. A g P Steven M. Tallen copy of the proposed conditions from the neighbors is Mary Frances Skala attached. This letter will describe the extent to which Christopher J. Harristhal Timothy J. Pawlenty changes recommended by the neighbors have been Rolf A. Sponheim incorporated into the current suggested list of Julie A. Bergh conditions. The change recommended to paragraph 4, the addition of the word "with" in the second line, has been made as suggested by the neighbors. The change recommended for paragraph 5 the addition of the word "City" in the first line, has been made as suggested by the neighbors. The original paragraph 8 required that existing tenants receive a minimum of 30 -days notice prior to the date they are expected to vacate the premises. The neighbors have suggested the requirement that 60 -days notice be given and that the applicant provide a plan of relocating residents plus compensation if affordable housing is not found. In my opinion, such a provision would not be enforceable since it is not required by the ordinance and is not required of any other applicant for such a permit. However, the condition has been amended to provide that: ' Mr. Jerry ._linter October 22, 1987 Page 2 The Applicant shall use its best efforts to notify tenants as early as is reasonably possible of the need to vacate the premises, but in no event shall such notice be given less than 30 days prior to the date of vacation. Applicant is encouraged to attempt to assist displaced tenants in locating replacement accommodations and making arrangements to move. Paragraph 9 deals with the addition of a staff person during certain hours of the day and night. In the original condition, it was strongly recommended that at least one staff person be added during certain hours. The suggestion from the neighbors would change this requirement from a recommendation to a requirement by stating that "Bill Kelly House agrees to the addition of at least one permanent staff person The neighbors' proposal also requires the addition of one staff person between the hours of midnight and 8:00 a.m., weekdays and weekends. This exceeds not only the original Kelly House proposal, but also the staffing level which the state and county have indicated that they might be able to fund. The level of staffing described in the original paragraph 9 is consistent with the level of staffing which the state and county have indicated a willingness to fund if encouraged by the City to do so. I do not know whether the record contains sufficient justification for the requirement of additional staff. However, I do not believe that such a condition would be enforceable in any case since staffing level is one of the areas which the courts have declared to have been preempted by state regulation. Therefore, the changes recommended to paragraph 9 by the neighbors have not been incorporated into the draft which is presently before the Council. The neighbors have recommended a change to paragraph 10 which would provide that "application shall be made each year for reissuance of the special use permit." I do not believe that this requirement would be lawful given the requirements of Minnesota Statutes, Section 462.3595, which provides that conditional use permits: "... shall remain in effect as long as the conditions agreed upon are observed Therefore, the City may not reconsider the issuance of a new permit periodically, but is limited to enforcing conditions or revoking the permit for violation of conditions. The neighbors have suggested the addition of language to paragraph 11 to provide that: "... violations shall be Mr. Jerry ,.linter October 22, 1987 r Page 3 grounds for revocation." I do not believe the addition of this language is advisable. The violation of any of the conditions in the permit is ground for violation; therefore, this language is not necessary. Moreover, the addition of this language to this particular condition could lead one to conclude that violation of other conditions which do not include the same language is not ground for revocation. The neighbors have recommended the addition of a sentence to paragraph 12 as follows: "There will be no off - street parking." Paragraph 12 as originally written is intended to ensure compliance with the city code provisions relating to parking. I do not know of any evidence that would justify the imposition of this condition in this particular use. This requirement should not be included unless there is some basis for treating this facility differently than other permitted or special uses. Paragraph 13 of the permit conditions provides that trash facilities shall be appropriately screened from view. The neighbors have proposed that the conditions specify 9 P P that the screen is to be a six -foot gated fence. It is . the position of the staff that the condition as originally worded affords greater protection and control since a six -foot gated fence may not be adequate or appropriate to screen the trash facilities. Paragraph 14 requires Rule 36 licensure and compliance with state and county regulations. The neighbors propose the addition of a sentence which provides: "Violations shall be grounds for revocation of their special use permit." I would not recommend the addition of this language for the same reasons stated with respect to a similar language in paragraph 11. Paragraph 15 provides that the Applicant will not seek licensure from the Department of Corrections. The neighbors suggestion that "may" be changed to "will" in this clause has been included. Originally, the condition provided that the facility would not accept referrals from the criminal justice system. The Applicant, however, pointed out that this would unnecessarily interfere with acceptance of such clients as DWI defendants who are somehow involved with the criminal justice system. Therefore, the condition has been changed to provide that persons who have been convicted of any one of a number of listed crimes within the last three years may not be admitted to the facility. Mr. Jerry . Tinter October 22, 1987 Page 4 The neighbors recommended a change from "may not" to "will not" in paragraph 17. However, the language in the current version of paragraph 17 has been significantly changed from the original. The neighbors have recommended the addition of new paragraph 22 which would require that any reduction of property values of neighboring properties be assessed against the Bill Kelly House. This condition was not included because I do not believe it to be lawful or enforceable. The neighbors have recommended the addition of new paragraph 23 which would require a neighborhood advisory committee. This committee would have the authority to make unannounced visits to the facility to check for violations of law. I do not believe that such a condition would be lawful, enforceable, or even advisable. However, we have added the condition that the neighbors have an opportunity to participate in the facility advisory committee required by state regulations. The neighbors recommended the addition of new paragraph 24 which would require that insurance be provided in the amount of 1 million dollars. If such a requirement is not imposed on other residential facilities in the City, there would have to be some facts on the record to justify imposing such a condition in this case. However, we have added the condition that insurance be maintained as required by state and county regulations. The neighbors have recommended the addition of new paragraph 25 which would require reports to the City of all incidents of injury, accidents, or missing persons. Again, I know of no facts on the record that would justify imposing such a condition on this facility when it is not imposed on others such as nursing homes or apartments. However, we have added the requirement that Applicant must comply with Minnesota Statutes, Section 626.557, which requires reports of most injuries; to residents to prop e r authorities. Additionally, it is reports of an injuries presumed that p Y 7 uries to persons outside s ' of the facility would be reported by the neig hbor or others to the police department. The neighbors have recommended the addition of paragraph 26 which would require that picnic tables, volleyball nets, etc. not be located in front or to the sides of the building. Since such a requirement is not imposed on other residential uses, there would not seem to be any r' Mr. Jerry linter October 22, 1987 Page 5 'justification for doing so in this case. However, we have added the requirement in paragraph 4 that the site plan show all permanent recreational facilities or fixtures so that the City may maintain some review and control over such facilities. The neighbors have recommended the addition of paragraph 27 which would require proof that no felons or sex offenders will be allowed into the facility. We believe that the concern addressed by the recommended condition has largely been taken care of by the language in paragraph 15 which prohibits the admission of persons who have been convicted of any one of a number of listed crimes within the last three years. Finally, the neighbors have recommended the addition of new paragraph 28 which would provide that: "Outside maintenance will coincide with other residents in the area." Staff is of the opinion that this concern is adequately addressed by requiring compliance with the City's Housing and Maintenance Code. Very truly yours, Charles L. LeFevere CLL:rsr qh l CIiZ OF BROOKLYN CFA Notice is hereby given that a public hearing will be held on the 26th day of Octcber, 1987 at 8 p.m. at the City Hall, 6301 Shingle Creek Parkaray, to consider An Interim Ordinance for the Purpose of Protecting the Planning process and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Adult Halfway Houses, Community - Based Residential Facilities and Similar Uses within the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. INTER'M ORDINANCE FOR THE POSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CO:MITY, AND REGULATING AND RESTRICTING THE DEVELO.7= OF ADULT HAITS HOUSES, COMMUNITY -BASED RESIDENTIAL FACILITIES AND S121ILAR USES WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FO Section 1. Background 1.01 The City has received a special use pe't application from Bill Kelly House of Kelly Norton Programs Inc to operate a 0 State licensed residential treatment facility for mentally ill and chemically dependent adults in an R5 Zonin District. As a result of the review process of that application it has become apparent that the City's zoning ordinance does not contemplate or adequately address the classification of such uses 1.02 The City's Zonin g ordinance is unclear as to whether uses such as "adult halfway houses" "Community correctional facilities" "residential facilities" and "comamit -based residential facilities" should be classified as "nursing care homes" or "boarding care homes" or whether a new classification should be adopted. 1.03 In addition to the rroper zoning classification of such uses there area number of significant planning and land use issues Pertaining to the regulation of such uses includincr the following: 1.• The particular zoning districts in which such uses should be allowed as either permitted uses or special uses ?• The population density of clientele that su&, facilities should serve in the various zoning districts. 3. The concentration and density of such uses in the City and its neighborhoods ORD=cE NO. 4. The effect of such uses on other uses in the surrcl i ' area. 1.04 There is a need for a study to be conducted so that the C' can adopt a set of co-pren,nsive plans and land use 7-on regulations pertaining to such uses Such a study will address the land use and zoning issues including those referenced above. 1.05 There is a need for ?n interim ordinance to be adcoted for the Purpose of protect the planning process and Health safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished 1.06 The City Council has directed that such a study be undertaken 1.07 Minnesota Statutes Section 462.355 subd. 4 (Act) permits the adoption of interim zcninr ordinances during the planning process. Section 2. Determination. 2.01 During the period that this interim ordinance is in effect no propeqtV within tn,e City may be developed redeveloped nor shall any site plan approvals rezonings, licenses (other than renewals), plattings or replattings land divisions or consolidations special use permits or building permits be issued by the City for any ;ses defined by State regulations or otherwise as adult halfway houses com=ity correctional facilities community -based residential facilities or residential facilities. 2.02 Notwithstanding any provision of this ordinance to the contrary, any use that meets the definition of a residential facility as defined in Minnesota Statutes Section 2.45.782, subd. 6 and as regulated by Minnesota Statutes Section 462.357 subd. 7 and subd. 8 is not affected by this ordinance. 2.03 This ordinance shall remain in effect for a Ppriod of six months from its effective date or such earlier date as may be adopted by the City Council provided that if the stL; and planning process have not been completed within that six months period this ordinance may be extended for such additional periods as deemed necessary by the City Council not to exceed an additional period of eighteen months as permitted by the Act. ORDINANCE N0. Section 3. This ordinance applies to any applications for site - clan approvals rezonincas, licenses Platt ncts or replattinas land divisions or consolidations special use permits or building rmits that have not received 10reliminary approval by the City Council before October 26 1987 Section 4. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1987. Mayor ATTEST: City Clerk Date of Publication October 15, 1987 Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: October 20, 1987 SUBJECT: Brooklyn Center Duoos Brother American Legion Post #630, Gambling License Application It has been approximately one year since the American Legion Post has sold pull -tabs at their club. This is primarily the result of the City Council not approving their gambling license application. Since that time the department's Administrative Aid and myself have met with a committee from the Post at least monthly. Investigator Monteen has reviewed their financial books a number of times. During our first meeting or two there was a lack of trust on both sides. Since then the relationship has developed to where I believe there is mutual understanding and cooperation. The police staff believes there is a sincere effort by the club to cooperate with the police department as they strive to rectify the past problems. It is my belief that the committee now accepts the police involvement as being constructive to get them back on their feet. They have also cooperated with the State to get their taxes straightened out and all back taxes paid up to date. The supporting documents will show the new chairman of the gambling committee, new chairman of the bar committee, among several new assignments to various committees. I have personally met with the chairmen of each committee and have reviewed the club's new by -laws. Investigator Monteen informs me the books are now in order and that they have established procedures for the proper handling of all accounts. Early after loosing their gambling license, the principals involved in getting them into the mess they were in had been discharged. They removed and replaced the gambling manager, the treasurer, the bar manager, and the full -time bartender. With the cooperation of the club officers, the department brought additional charges against the bartender, Pat Huck -Casey for theft of funds from the Auxiliary, which have been repaid. I believe the American Legion has turned the corner and now have responsible people handling the various club functions. They have agreed to meet with the police staff on a continuing basis and to make their books available upon request. I believe they are now capable of handling the requirements of a gambling license. Memo to Gerald G. Splinter Page 2 October 20, 1987 The Brooklyn Center Duoos Brothers American Legion Post #630 has submitted a request for a Class B gambling license which includes raffles, paddlewheels, tipboards, and pull -tabs. I recommend that the gambling license application be approved. If the City Council desires to deny the application, a resolution must be passed by the Council and sent on to the state. Otherwise, the license would be automatically approved by the state at the end of the thirty day waiting period. If the Council approves the application, the American Legion Post #630 also requests the Council waive the thirty day waiting period with the state. If the Council agrees, we will notify the state and the gambling license would be approved immediately. BROOKLYN CENTER AMERICAN LEGION POST #630 4307 70th Avenue North Brooklyn Center, Minnesota 55429 561 -3138 Bar Committee Chairman: Vern Babcock 561 -2575 7548 Noble Avenue North Brooklyn Park, MN Member: Gene McElligott 560 -4042 6331 Beard Avenue North Brooklyn Center, MN Member: Dick Atanasoff 561 -4095 3600 65th Avenue North Brooklyn Center, MN Commander: Perry Ronnei 566 -1557 1512 Amy Lane North Brooklyn Center, MN Member: John Rooney 533 -6567 6412 Scott Avenue North Brooklyn Center, MN Gambling Committee Chaim: G. E. Sweeney 470 -7846 7641 Vinewood Way Maple Grove, MN Member: Joe Kramer 561 -2054 5216 76th Place Brooklyn Park, MN Bookkeeper: Benjamin R. Chatelle 561 -2586 7006 Newton Avenue North Brooklyn Center, MN Commander: Perry Ronnei 566 -1557 1512 Amy Lane North Brooklyn Center, MN Housing Committee President: Vern Babcock 561 -2575 7548 Noble Avenue North Brooklyn Park, MN Member: Gene Ascher 561 -1229 7236 Oliver Avenue North Brooklyn Center, MN October 12, 1987 Brooklyn enter r' yn American Legion Post #630 4307 70th Avenue North Brooklyn Center, Minnesota 55429 City of Brooklyn Center James Lindsay Chief of Police 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Chief Lindsay: On behalf of the Brooklyn Center American Legion, I would like to request the City of Brooklyn Center reinstate our gambling licence. The money that is raised from the sale of "pull tabs" benefit the community. In the past, Thanksgiving and Christmas, we have purchased, assembled, and delivered food baskets to the needy. This is only a couple of ways the Brooklyn Center American Legion has used the money raised by the sale of "pull tabs ". There are many more community projects, to numerous to mention in this letter. (Available upon request.) If we are unable to get our amblin licence reinstated, g g restated these worthwhile contributions will be suspended, do to lack of money. I feel with the numerous meeting's we have had with you, have been very meaningful and that you have learned alot about the American Legion's new operation and it's new committee's. We have cooperated with the Police Department and the City of Brooklyn Center and we will continue to show this cooperation in the future. Sincerely, BROOKLYN ER AMERICAN LEGION Perry ]2nnei Commander PR /klr August 12,1987 TO: James Lindsay Chief of Police BrooKlyn Center FROM: Marland Ronning Past Commander 10th District American Legion RE: BrooKlyn Center Post 630 American Legion Gambling License Dear Chief Lindsay, I attended the Executive and Bar committee meetings of BrooKlyn Center Post 630 on August 4,1987. Both meetings were well attended and the interest of the Post is certainly evident. The discussions I observed, allowed those present to voice any opinions either for or against while the committee members were the only ones to vote. It is my opinion the members of BrooKlyn Center Post 630 are headed in the right direction. with the Posts interest their # 1 priority. The changes they have made and are now following, are positive steps in their re- organization process. These changes in their Bylaws, Committees and operation of their post is very positive of their efforts to once again be an American Legion Post, and an asset to the community of BrooKlyn Center. As they continue in their re organization process they have not forgotten the programs of the American Legion. Once again this past year they exceeded their Previous years membership. This is the most important program we have. They are doing what they can in our other programs also, which require mostly donations and sponserships. With the absense of their gambling license their donations and sponserships of the other programs is very limited. it would be of course to their benefit and also to the programs of the American Legion if they had their gambling license. i am therefore asKing you to consider re- enstating their gambling license. The post is asKing Mr Jerry Sweeney to assume the position of gambling chairman and to assure that compliance of all local and state laws are followed. In my conversations with Mr Sweeney I feel he is willing and very capable to assum this important position. Chief Lindsay, I am certainly aware no overnight miracle will happen. This is going to be a very long haul and a lot of hard worK is definitely going to happen before anyone can say its running smooth. I will continue to be available to the post if asKed for advise or input. ThanK You for your consideration in this matter. Respectfully, . Marland Ronning Past 10th District Commander �Ep 1 W oil , is , „ Mr Chief of Police City of Brooklyn cEnter D ear Chief ........... . Thi l.__ :.. ........::. is written ! ; response to y o _„ _r ( i i .. ........ ... iiii'i:. our _...... -. meeting i nt e nded ....! ;::5:.y and ,. I :... t::: 1 } i..: .._ :._:'_ to i n f orm y .N u .... s .... , ^... E..:_.. .... i. I , progress ,. y the : ate . Brook Canter American Legion Post 630, to improve the management and control of the Opar0t!SM Of Our Post. in order to centralize control of oil activi of the Post, the Exocutive Board ...! h;::: ..., formula and approved changes , t additions t cur Post By-Laws. T hese changes nnd a0General d iti o ns will be presented to the Member approv _. meetin Thes changes involve restructuring of the Executive Board, placing the r T he revised ; i : . -; +,I .... F.:: i.., }:.: i t'::'!_....i i..._ .... Board :. .,. .. nonsist of all O an d t i. > . . : i , , . . l .t.l i i i E :.... .... o the Bar, G a m b l i n g , and Housin Committees. !...: ... , : ". ...: ....E ...! members �,,- !,...: ,. ... . , .:. _. , ....r ; the Ex e c utive _ . i ! :.. E nd all nominees for .... -. .:ii C::: ':.. f.! i'1 o appointment thereto will be checked for aligibity and goon standing ii the American L egion. , Certain personnel changes in the Bar weration have already been made,, john W _ : ; ; : , :_}!:.. (5'S,:„-'i n Treasurer - M "!. :..... R +:.i {.'} { "} `.z .. Bar Ma Pat Casey B ar t en d er, have been t { -.... ;:I!:..t `d 'r.: (::i fr om the operation of the Bar an Po : r_ t 1 :... e'7' {..7 i !.. 1 5 „ the super .... : the bar w i l l be t , r esponsibili t y o the B ar Committee .''a i :... ....:. will , .,:,! .i. n t..i - t i n daily surveillance and .t ,...- t1 { V ::il i"'1 C.. e of all bar rules (see attach of all bar rules such as clos h ou rs , servi of me : _ i n i,:a q u a l i f i e d recei ., u 1 ._:.... i !i t..... inventories, etc.. The ... a r” Committee S Comman t t. .e:.. t m emb ers I...,- '... ...t . , ... ::•7r'i::`. ;: I -!.• .1,5 ... 5...: ...: appoint ..: •. +' h im, an tw .....r members elected I_t •. the Gener M em b ership. ! ...N::° +c:t, tc'. ... i... bank account being : est ablished f or the bar cd t_ ... 1. , .1 i:: S. ' , a._ and !_ 1 '!' 1••1 i- F rs ='� l , Of 4, :} _ ., "i prepare !�. 1 ,.. 5^ � :: i ., ::.:..: a.. , ::' i" .1. t..,; .. ... will �._ _.. i .... .. _T. 1...i t�.i pres . a t the monthly Post meetings an of th .. ...... Operatin Alth w e do .. t !... t t r t 1 'i:' .' t._ (: : Legaliz G; ±. i 11 b 1 1' Gam bling Committee ', .._ being •, sta " � in anticipation of an ea rl .. ,/ approval by the Brooklyn Center City Council t "'' a Lic ense. Committee consists of four (4) members elected by the Genera] Membership. At Present :... j Post t d !._7 a:::.' ._. not have any i "! , ;i , ,, '7 g p 'rasp }e{'1... ! 1 a_ and no ga mbling ._. permitted E..!, } the pr a Cribbage or Gir Rommy V2nrnment is sponsored by the Pon :e Abe Post is currently rigioly anher1mg to punlisnEd hours of operatiw! and all other bar roles and ragalLvions are being observed. Every ef+Qrt is being made to insure that the Post complies with City Ordinances and State and Federal statutes governing the diupen of al choholic Brookly Center Pnst 630 was established ir Brooklyn Center in 1947t shortly .......... the end of WWII, Over the 40 long years of its t progr Service. We have sponsored or generously contributed money and/or time to such Ba seb a ll. Pee W ee Footbal Ki Hockey, _ Youth Fi ' ,:.. . !.....i . \; .J .:. .. ... .... Camps School Flags, Memoria !::! .... .. observances, Ritual Squads for Civic events and Veterans funerals, Veterans Hospital VisitE Th anksgiving name a few. W e i to contique and expand these services to the , :.:: i. r..., r.. �. • i Center t ._:... Community i{...t the .._ .... .. : ............. the _.... .. .._ .._ :.. , adverse : �_.. :_ t. ! !..! :.... i, :,_ ,.•' received !::.t I`' the , pas and the punitive actions taken against us, prompted by a series o-: unfortunated incidents which reflectea a lapse in proper management in cert ain areas, :•v e ari -.., dedicated to re t... �..:. reputation _.a .... .... proud Service Organi Departm the :..., l an o .i.. Ci t Or to ensure in the past will that the many good ....�...-, �._ ,!:_!!a.' !a!l',_C that ,..hl;::, th ; n "�'tt"r;:!'i°e .. i accomplishe !S the p ast can bi::.e avoided through tighter management c o n t r o l s , , We .. !.._,. .:. - request yi...i !...:e endorsement an : , .... .... :..i i,: t { l j_ I - .e ..:. ... ... ._ e to the . . . . : . : : ! . . . \' Co .._ ..:P'_1.1' pending a p p l i c a t i o n f or ... Charitable i ..: .......!... .. Li cense, ! _: ,..::::,..! .,. e a.,, .... ;_. that we may , ; "J (ic:' ,. ...::+i t !..:1 finance t i :.... man prog which !..1`., suppo rted in -his ... .. p , i Rules and Regulation-,;:; Brooklyn Center Legion Governirg the Par O .. .. Only members or guests of members may use the po facilities. W1. guests must 5e accompanied by a memner and sign the guest book locate(J i the front door 2. The , time they enter the Post,, , duty- h a s .. h ::::: res _ ma gues b oo k and t o en t he r ules i... o :: ,....... , ! : ±. :...i g uests,, 3. Bar op er:..a...... +' "i +'l:: 1 €.._ are C "i'::..club "' ? " +::71i: h ,'1i.:1 "1i::!i`a :` through Thursday 12:00 noon ....... 11100 p.m. Friday ?= {tit ".a Saturday 10100 a.m. to 4. Via profanity shall be allowed on the premises,. 5. No unlicensed gambling shall be allowed on the premises. „ 6. No fighting or unruly conduct shall ........ allowed on i ..., : __ premises. 7. i ..-_ :: _ ... ... . i , r b e ve r ages the bar will be allowed to be taken from the p rem i ses. 41111 The barte shall refuse .... _'1' ^... ._.._.... ... i' in _:; 1...!__ deemed ; .. t ,�y ,. vi .... _ the se rules and t-' addition • i may be subject to a d d i t i o n a l sanct inclu .. 1 1 .; n li . . _ + e j e c t i o n fro club. The e ti: ra i' 1. +_:` 1' , :..i :_. i shall i`" .- .: l._ , t.. al violations ... LJ the bar com ._ _:; i - ! i tYl : ?. ._ t.. f._ ... .. within 24 hours after any violation occurs.. 9. 1. D i s c i p l i n a r y action w i l l be t c:l k I. �: n ,. ..: , _. _., ... A .,. 1` ... off ense w i l l res ;. , , .:L: 30 da susp C.i't' bar p r i v i l e g e s , second offense shall result in a 60 day suspension of bar , 10. These P ,.., .w :.. ., will be posted so tha ev ery pers u sing the ..._ ._ .. u i..: f a c i l i t i e s is on ....... . , - CONSTITUTION OF DUOOS BROS. POST NO. 630 ' DEPARTMENT OF MINNESOTA ` PREAMBLE For God and country, we associate ourselves together for th following. purposes: 11_uphold and defend the constitution of the United States of � America; to maintain law and order; t6 foster and perpetuate a one hundred Per cent Americanism; to preserve the memories and incidents of our associations in the Great Wars; to inculcate a sense of individual Obligation to the community, state and nation; to combat the autocracy of both the classes and the masses; to make right the master of might; to Promote peace and good will on earth; to sageguard and transmit to 1111 0 sterity the principles of justice, freedom and democracy; to consecrate and sanctify our comradeship by our devotion to mutual helpfulness. ARTICLE Section in The name of this organization shall be BROOKLYN CENTER POST NO. 630, The American Legion, Department of Minnesota. Section 1. The objects and purpose of this post shall be to promote the Principles and policies as set forth in the foregoing go ng Preamble, and the national and departmental constitutions of The American egion' ��N� ' _ ` Section 1. This post is a`civilian organization and membership therein does I& not affect or increase liability for military or police service. Sectlon 2. This organization shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or prefIrment. No candidate for nomination or election to, or no incumbent of, - any remunerative elective public office, shall hold any elective office or any appointive remunerative office in this post of The American Legion, provided that members of post standing committees shall not be affected. Section 3. Rank does not exist in The American Legion; no member shall be addressed by his military or naval title in any meeting of this post. ARTICLE !V­MEMBERSHIF Section 1. Eligibility to membership in this post shall be as prescribed by the national constitution of The American Legion. Application for membership shall be made in writing under such regulations as may from time to time be prescribed by the post executive committee. Section 3. All applications for membership shall be acted upon ato the next post meeting following the making of such application, and shall, at such meeting, be accepted, rejected or referred for further investigation and consideration. If fifteen or more members cast their vote against the � acceptance of said application, then such application shall be recorded as IN rijected. A rejected application shall not again be considered until after the expiration of six months from the date of such rejection. . - - , � action 4. Any member of . this post may be expelled for cause by two-thirds vote of the executive committee after charges are preferred under oath in writing, and a fair trial had upon the same. � � Section 5. A member who has been expelled or suspended from this post for any cause may be reinstated to membership by a two-thirds vote of the membership{,prssent in post meeting; provided, however, that he shall make payment of any arrears in his dues at the time of the expulsion or suspension, and also other regular dues which have been payable in the interval between his expulsion or suspension and his reinstatement. Section 6. No person who has been expelled by a post shall be admitted to � membership in another post, without the consent of the expelling post, � � except that where such consent has been asked for and denied by such post, he may then appeal to the state executive committee of the department of the expelling post for permission to apply for membership in another post, and shall be ineligible for membership until such permission is granted. ARTICLE u--OFFICEM's Section 1. The administrative affairs of this post of The American Legion shall, except as may be otherwise provided by the by-laws, be under the supervision of an executive committee which shall consist of five members in addition to the officers of the post . The term of office of members of � the executive committee shall be for one year. This post, by its by-laws, may provide for such other standing committees as the business of the organization may require. ^ I ���h ��� �� The officers of this post shall be commander, a vice-commander, an adjutant, a finance officer, a post historian, a post chaplain and a / - - , � 4111sergeant-at-arms and such other officers as may be deemed necessary by this � I organization, who shall b nominated from the floor at the meeting � 1� � preceding the annual election. � Section All officers and executive committeemen shall be elected annually and they shall hold office until their successors are duly installed or as otherwise provided. Any officer or executive committeeman 1.J. may be removed for inefficiency by the executive committee, a two-thirds - vote of said committee being necessary to effect such removal. Section Every member of this post in good standing shall be eligible to hold office in this post. Section 5. The duties of officers and the executive committeemen shall be hose usually appertaining to such officers or committeemen and as further provided in the by-laws. � � Section 1. The revenue of this post shall be derived from membership or � � initiation fees, from annual membership dues and from such other sources as � may be approved by the post executive committee. Section 2. The amount of such membership or initiation fees and the amount of such annual post dues shall be fixed and determined by this post. Section 3. � The post shall pay to departmental headquarters the national and departmental annual membership dues for every member of the post. ARTICLE V11--CHARTER MEMBERS � ' - , -- Section 1. Members who joi,ned this post prior to December 31, 1947, shall beuknown as charter members. AR11CLE VQl LEGION AUXILIARY � � � SECTION 1. This post recognizes an auxiliary organization to be known as ` the Auxiliary Unit of Brooklyn Center Post No. 630, The American Legion. Section 2. Membership in the Auxiliary shall be as prescribed by the national constitution of the American Legion Auxiliary. � � Section 1. This constitution is adoped subject to the provisions of the � national constitution of The American Legion and of the department � 4114 onstitution of the department of Minnesota, The American Legion. Any amendment to said national constitution or department constitution which is in conflict with any provisions hereof shall be regarded as automatically repealing or modifying the provisions of this constitution to the extent of � such conflict. � � � Section 2 This constitution may be amended at any regular post meeting by � vote of two-thirds of the members of said post attending such regular meeting, providing that the proposed amendment shall have been submitted in � writing and read at the next preceding regular meeting of said post, and � � providing, further, that written notice shall have been given to all members at least ten days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to W arriend the constitution is to voted upon. � ' ^ ` - , � BY OF BROOKLYN CENTE! POK NO. ^ DEPARTMENT OF MINNESOTA ARTICLE 1 Section 1. The post existing under these by-laws is to be known as Brooklyn � Center Post No. 630, The American Legion, Department of Minnesots. Section 2. � � ' The objects of this post ale as set forth in the constitution. ARTICLE Section 1. The government and management of the post is entrusted to an executive committee of twelve members, to be known as the "executive committee." � agction 2, The executive committee shall consist of all officers and � � committee chairmans and shall be elected annually at the last meeting in May of each year and take office at the meeting next following that of the election. All elections of officers and executive committeeman shall be by ballot and the candidate or candidates receiving the highest number of � votes shall be elected to the respective office or offices for which they are candidates. Section 3. All vacancies existing in the executive committee, or in any office of the post from any cause other than the expiration of the term, � shall be filled by a majority vote of the remaining members of the committee, and a person so appointed shall hold office for the unexpired term of the member of the committee or officer whom he'exceeds. A vacancy "�~shall exist when a member or officer is absent from his post for a - aaqqTwwon aATqnDaxa qsod aqq + uewjTeqD sl .:lad? 0 qsod aqj -dlqsjaqwaw jwwauM sqq jo s5uTqaaw aqq usam4a'q qsod =T y+ L4 BW 10 SJTeffe lie +0 lOj4UOD Seq aa4qTWWOM aATqnDaXa qsod Quipuels pooh u sjaqwaw aq l lee s sjaqwaw plus qnTqm f Ile l suewjTeqm aaqqTwwo:D PU• SJaMjf+O lie +0 S4STSUOM aaqqTWWOM ail, T."} qsod aqj -2 uojqna'3 - ; -s 0 d STW + SATUffu W4 +0 quawa5uuew aqq jof ajqjsuodsaj aq pue yo a5je ':7 .'r. lleqS "Allejaua5 pue ivawjTeqn aaqqTWWOD qsod fo sqjodaj aqq jew.1 lleqs fspunf 4sod fo Apoqsnm aqq 5UTAWq suosiad Ile wojf spuoq aqe ajinbai lleqs isainqTpuadva Ile SAOidds pue azTjoqqne Ijeqs WessaDaw aq Aew se saaAoldwa qmns ajlq T S aw4qjWWOM aATqnDaXa qsod aqj -Z uoTqna "MajaW wnjonb e aqnqlqsuon liew aaqqlwwoD aqq fo sjaqwaw aAT+ 6aaqqTWUjo:D 0 aATjnDaXa 4sod plus fo sjaqwaw ajow jo aajqq fo ;sanbaj •uaqqljm quToF aqq uodn aaqqTwwon aAjqnnaXa qSOd aq4 fo BUlqaaW v Ile lleqS ja p UpWWOD aqj -AiessaDau waap A•w japuawwoD plus se uaqfo se p e qquow AWAB qSeal qu "PUeWWOM aqq + !!Pn air-! W ISaW lleqS aaqqTWWOD aATqnnaxa 4sod aq4 jaq,eawaq! -siaDy"fo Mau aqq +0 UOTIelleISUT aqq jaqfe sAep uaq uTqqTm japuewwm qsod aqq fo Ilen aqq qe qT awyaq awon Aw se ssauTsnq jaqqo*qmn-.s PUI UOTjUZTUe5WO jOf qaaW jjeqS aa;qTWWOD aATqn0axa It aw4 Aq asod aqq yo qsajaquT aqq oq Iw4uawTwqap pajapTsuoD p oTia d snonugluom 41*1 ' ' - , Section 5. All committees the post must report monthly on their activities to the general membership at the general membership meeting. gection '07. The term of office of all members of the post executive committee shall be for one (1) year. Section A: The post executive committee shall report to the general membyrship monthly on its activities and on the overall operation of the _ post. he post executive committee is responsible and at all times fully accountable to the general membership of this post. � � sect ion 1. It shall be the duty of t post commander to preside at all meetings of the post and to have general supervision over the business and affairs of the post, and such officer shall be the chief executive officer of the post. He shall make an annual report covering the business of the post for the year, and recommendations for the ensuing year, which shall be read at the annual meeting and a copy thereof immediately forwarded to the department adjutant. He shall perform such other duties as directed by the post. Section 2. Duties Of vice - he vice shall assume and discharge the duties of the office of commander in the absence or disability of, or when called upon by, the post commander. The adjutant shall'have charge of and * keep a full ano correct record of all proceedings of all meetings, keep such records as the department and national organizations may require, - , Sl ender reports of membership annually or when called upon at a meeting, and under direction of the commander handle all correspondence of the post. + he finance officer of the post shall have charge of all finances and see that they are safely deposited in some local bank or banks and shall report once a month to the executive � committee the condition of the finances of the post, with such 4 recommendations as he may deem expedient or necessary for raising funds _ with which to carry on the activities of the post. He shall sign all checks disbursing the moneys of the post. He shall furnish each surety bond in such sum as shall be fixed by the post executive committee. Section 5. Post HiStcri The post historian shall be charged with the 111 individual records and incidents of the post and post members, and shall perform such other duties as may properly pertain to the office as may be determined by the post or the executive committee. The post chaplain shall be charged with the spiritual welfare of the post comrades and will offer divine but non-sectarian service in the event of dedications, funerals, public functions, etc., adhere to such ceremonial rituals as are recommended by the national or department headquarters from time to time. Section 7. Duties of Sergeant-at-Arms. The sergeant-at-arms shall preserve order at all meetings and shall perform such other duties as may be from time to time assigned to him by the post executive committee. ARTICLE W-DELEGATES ' �� ' ' - , 1111 5ection !.Delegates and alternates to a department convention shall be elected by ballot by the post at a regular meeting of the post to be held V at least twenty days prior to the date of such convention. ARTICLE - T Section 1. The post commander, immediately upon taking office each year, � shall appoint the following standing committees: membership, house, finan legal, publicity, service, visiting, americanism, athletic. _ Standing committees shall consist of such members and chairman thereof, as shall be designated by the post commander. The membership committee shall have charge Of all matters pertaining to the membership of the post, including the 0 procuring of new members, reinstatement, and eligibility of members. Mect- 3. World War !!_Liaison Committee" To oversee all activities of the Post in connection with World War II veterans, their families and dependents. Section 4. House and Entertainment Committee The house and entertainment committee shall have charge of all matters pertaining to the care of the Post quarters, promotion of club advantages and arrangements for social activities. Section 5. Finance,gommittee. The finance committee shall be charged with the administration of the financial policy, preparation of budget recommendations and supervision of receiving, disbursing and accounting of all post funds. �� � ^ - , Won 6. Lygal Committge, The legal committee shall be charged with the legal supervision of post `affairs and audit of post financial accounts. ` he publicity committee shall be charged with the promotion of public support of the Legion`s program by the establishment of proper contact with the American Legion Magazine, department and national Legion news service and by local publicity of post programs ard - activities. Section S. Rehabilitation and Service CQWTMWt�"V _ The rehabilitation and service committee shall supervise all matters pertaining to service to comrades in the prosecution of all just claims against the United States or state governments, employment, relief, etc. Section 9 Visiting Committ The visiting committee is charged with the �11kisiting and comforting of members and their families when sick or bereaved and with visiting ex-service men in nearby hospitals. � Section 10, Americ Committee The Americanism committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for proper observance of patriotic occasions; encouragement of patriotic and civic phases of instruction in schools; Americanization of aliens; combating anti-American propaganda by education of the general public in American ideals through public forums etc., and activities for � community and civic betterment. Section 11. Athletic Committee. � � The athletic committee shall be charged with the promotion of physical development and clean sports by the , ,, , Organization of post athleti c teams, recreation, etc,, 'and by co-operation ^ - 411 6nd support in the general recreational and athletic program of the community. ` � � Section 12 Disast R Committeeu With the consent and advice of the constituted authorities a permanent post committee on home defense and disater relief should be organized. Me Americm..I LeMon Cc Shall have overseership of the operations of the post's squadlon of the Sons of The American � Legion. Section 14. - Child � � Shall be charged with aid and service to children of veterans, co-coperating with other extablished agencies in the community; laboring for the betterment of child conditions and in � o services and agencies in the community for the above purposes. To act as intermediary for the needy child of a veteran in � � obtaining the fulfillment of the Legion's pledge that "no child of a World War veteran shall be in need of the necessitied of life " and "a square deal for every child." , :`c"On 15 - Defense Committee= � Shall work with and co-ordinate Legion efforts with the Local Defense Council on matters pertaining to national, � civilian and home defenses. To assist the armed forces of the United States � in recruting efforts and in every way be active in community activities for the defense of the nation and the security of the American home., � � ARTICLE VII Section 1. All resolution of state or national scope presented to this post lilt member or reported to this post by a committee shall merely embody the opinion of this post on the subject and copy of same shall be forwarded to - , the department headquarters for its approval before any publicity is given or action other than mere passage by the post is taken. 1k ARTICLE VIII--MEETINGS Section 1. The regular meetings of the post shall be held at the club rooms on the second Tuesday of every month at which may be transacted such � � business y properly be brought up for action; such meetings may be converted into entertainment meetingsl as may be deemed advisable by the officers of the post. The post commander or a majority of the executive committee shall have power to call a special meeting of the post at any time. Section :7. Upon the written request of fifteen members, the committee shall call a special meeting of the post. � Section A. One third of the members shall constitute a quorum. � ARTICLES 1X--NOTICES Section 1. Every member shall furnish the post adjutant with his or her � � address for mailing purposes. Section 2. The post adjutant shall cause notice of the annual election to be given at least two weeks prior thereto. �� ` . - , 111 hECTION 1. All proceedings of this post shall be conducted under and pursuant to Roberts' Rules of Order, except as herein otherwise provided. Im ARTICLE Section 1. This post shall incur, or cause to be incurred, no liability nor obligations whatever which shall subject to liability any other post, subdivisioQ_group of men, members of The American Legion,or other � individuals, corporations or organizations. ARTICLE Xii RULES � Section 1. The gambling committee shall be composed of four members, who shall be the commander an three members in good standing elected by the OF eneral membership. The chairman of the committee is responsible to insure that the license is renewed each year and that all appropriate reports are filed with the proper governmental agencies. The committee shall maintain its own separate checking account and any check drawn on that account shall require two signatures, the post commander and the gambling committee chairman. All tax forms are to be signed by the post commander, the gambling committee chairman, and the preparer. All monies to be distributed from gambling proceeds to outside groups must- be approved by the committee before any checks are issued. �� . . - , ���'��he chairman of the gambling committee must report monthly to the executive �� committee and the general membership with a financial statement, which � statement shall then be placed on file with the post adjutant for inspection by any member. The committee has the responsibility to oversee the gambling operation in accordance with the following rules: C~ -^ (a) All pulltabs shall be purchased from a licensed supplier; (b) The registration and serial number display cards of all pulltab deals in play are to be posted in clear view of the players; � (c) Inventory is kept for purchase to report sales to the State; � (d) Each deal is checked for shortages in funds for amount of profit and recorded onto the tax form. � � The committee chairman oversees and supervises the activitites of the tellers (pulltab sellers). Section 2. � The bar committee is composed of five members, who shall be the commander, two members appointed by the commander, and two members in good standing elected by the general membership. All members shall serve one year terms. The chairman has with the responsibility of meeting daily with all bartenders. The members of the bar committee must meet once a month for reports from the chair on readings of the bar tapes and inventory. Liquor ����0 � �N��control is the responsibility of the day bartender and the bar committee ` . ' ' hairman together with the responsibility of inventory control of liquor, beer, pop, etc. � All money receipts are handled by the day bartender, who shall meet daily � with the chairman of the bar committee to clear the till, check inventory, � and record receipts. All deposits will be made daily, and be recorded by the bar committee chairman. The committee shall maintain its own separate checking account' All checks � drawn on the account must contain the signature of the post commander and the bar committee chairman. � The bar committee has the following responsibilities: (1) The committee shall meet on a regularly scheduled monthly basis Of t the post home and these meetings shall be open to membership. The committee will maintain minutes of its meetings. � (2) To supervise the purchase of all items pertaining to the post � for the bar operation. � (3) To maintain custody of and security for the building and property. (4) To supervise and control personnel and define rules and regulations for the conduct of bartenders, waitresses and other employees of the bar. (5) To supervise daily, through its chairman, all monies received by the day bartender in conjunction with the bar operation. � � � aq; aAeq qsnw Aepung e uo ' 'sajqjed Aepqqjlq 6 Sal4jed AjesjaAjUUe A W00i qsod aqq asn oq bujqsTm s jaqwaW - -0 aAa jelmads jof 5ulplInq aqj 10, sMuaj of sainj aqTjmsaid oq Pue daaldn pue sileda jof qmejq ,, , jaAo "BuTplInq aqj uTequTew o q ais aaqqTww ,, + saQjIjqjsuodsaj aqj -dTqsjaqwaw HAMM aqq A paqwja 51_i jpu PooB uT sjaqwam (2) aajqq fo sqsTsuom aaqqT,,,, UOT40as - aaqqlwwoD jeq aq4 6 10 quasum aq4 aATaDaj pUe'oq uoTqenTjddw ajew qsnw SaTqT!Tnef ;sod aqq asn oq BuTqS suosaad jaqqo jo qsod aqq jo jaqwaw AuV - SaMMef qsod aqq yo asn jof AqjlTqTsuodsaw alos aqq aAeq lleqs aaqqTwwoD jeq aqj (IT) , dTqsaaqwaw lejaua5 aqq 01 p ......... .. q 04 sawT4 Ile 4e alqTsuodsaj AlIny aq lleqs aaq4Twwom jeq aqj (OT) 14101 - quuqunonme aq4 Aq jeaA e animq paqTpne aq s000q a44 W44 We 4UMODDW S5UTAVS Jo/pU,p bujjDaqD aqejedas e ul jdal aje spun, juq Ile l aJnSUT 0 1 (6)- - smel jejapa pue aqeqs ilemol Ile qqTm aDuepionme UT Paimpum ST qT qeqD, puv jeq aqq fo UoTqewado Ajoqmw+sT;es llejaAO aq; ainsuT S) , Alq4uow 4ue4unooDe aq4 Oq PaWaATlap pU'.L� pawmas aw jeq aqq fo AwoqUeAUT puv Aqjadoid Ile 4eqq ain 01 W .UoTqe jeq Bqq 01 PATqelaj UojqeWjO+Uj IeTweuY` 1 TV Pue sasuadxa pue 'AjOqUaAUT "SUTMaj oq so dTqsaaqwaw lywauab aqq o4 Alq4uow qjodai 'aqeubTsap sTq ao 1uew SqT 1101 ' - , consent of the housing committee and a housing committee member or bar committee member must be present to open ancd close the building. ` The hoteing committee shall report monthly on its activities with regard to the post home to the general membership' (_ � Section 1. These by-laws may be amended at any regular post meeting by a _ vote of two-thirds of the members of said post attending such regular meeting; Provided, that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said post: and Provided, further, that written notice shall have been given to all members at least ten days in advance of the date when such amendment is to be voted 41 1 P on, notifying said members that at such meeting a proposal to amend the y-laws is to be voted upon. � � � ` MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: October 20, 1987 SUBJECT: On -Sale Intoxicating Liquor License Application for SAH, Incorporated D /B /A La Casita Restaurant Attached please find a resume as completed by Investigator Dirks in connection with the application for a Class D (probationary) on -sale intoxicating liquor license and Sunday on -sale intoxicating liquor license for SAH, Incorporated, doing business as La Casita Restaurant. Investigator Dirks found nothing of a negative nature during the course of his investigation. I have met with the designated on -site manager for the restaurant, John Tangen. At this meeting we went over the City's liquor ordinance and general concerns for liquor license holders. Mr. Tangen seems to be an experienced, qualified manager and is currently transferring from the La Casita Restaurant in St. Cloud. Mr. Tangen informed us that the restaurant is looking at an opening date of November 15, 1987; however he felt it may be as late as December 1, 1987. They would, however, need the license approved to give them appropriate time to order, receive and set up their liquor supply. Therefore, we recommend approval of the application for a Class D On -Sale Intoxicating Liquor License and a Sunday On -Sale Intoxicating Liquor License with the effective date to be set upon final determination of the opening date. MEMORANDUM T0: Chief James Lindsay FROM: Investigator Robert Dirks DATE: September 21, 1987 SUBJECT: Application for an on -sale liquor license including Sunday sales to the City of Brooklyn Center by SAH, Incorporated. Attached please find City of Brooklyn Center Form General Information in support of Application For On -Sale Liquor License, Personal Information Form on the following Officers of SAH, Incorporated: 1. Michelle Rae ANVARY 2. Behrooz ANVARY 3. Phillip Gary SMITH 4. Dennis John HANISH Additionally find Personal Information Form for the City of Brooklyn Center for the manager to operate the applying restaurant La Casita Mexican Restaurant, John Reginald TANGEN. Also attached is the City of Brooklyn Center Rent and Sale Report, selling parties being Chuck Muer's Seafood and Tavern to buyer SAH, Incorporated. Also attached are Articles of Incorporation for the State of Minnesota for SAH, Incorporated as well as a copy of the Surety Bond for Intoxicating Liquors On Sale Insurance for SAH, Incorporated dba La Casita. Also find attached as part of the Liquor License Application to the City of Brooklyn Center listed the four principal parties of SAH, Incorporated: 1. Behrooz ANVARY, Chief Executive Officer. Percentage of stock owned - 25% 2. Michelle ANVARY, Board of Directors Member. Percentage of stock owned - 26% 3. Dennis John HANISH, Chief Financial Officer. Percentage of stock owned - 24.5% 4. Phillip Gary SMITH, Secretary. Percentage of stock owned - 24.5% In reviewing application of the corporation SAH, Incorporated Investigator DIRKS observed that basically this was a sale of the property presently owned by Chuck Muer's Seafood and Tavern to SAH, Incorporation whose principal stockholders are previously listed which include Mr. and Mrs. ANVARY combined owning 51% and Mr. SMITH and Mr. HANISH owning 49 %. In reviewing the Sale Report the price of Page 2 Memorandum - Liquor License Investigator Dirks the property sold is $825,000 with a mortgage amount being held of $725,000 with a $100,000 contract being held by Chuck Muer's Seafood and Tavern. The terms of the Contract for Deed are at an interest rate of 10.5% over three years with total interest per year to be $10,500. The new mortgage Investigator DIRKS has learned in an interview with Mr. ANVARY is held with the First American Bank of St. Cloud, that mortgage being in the amount of $725,000 at 10.5% over fifteen years with a monthly payment of $7,800 and a balloon date of seven years. Investigator DIRKS after reviewing the sales report and information provided did have opportunity to speak with each of the stockholders in reference to their portion of the financial investment as indicated on their personal application forms each providing $75,000 for this acquisition. Investigator DIRKS did speak with Mr. Behrooz ANVARY and Michelle ANVARY about this at which time I was informed that this $300,000 was put into escrow by the investing parties for the remodeling of the present building, this remodeling to be quite extensive in the area of a totally new theme and remodeling in the kitchen area. In questioning Mr. ANVARY and Mrs. ANVARY as to where their finances came for their $75,000 each investment I was informed that a note was taken out by Mr. and Mrs. ANVARY from the State Bank of Fargo in the amount of $50,000 and that a note he held on a balloon payment for a restaurant which he had sold had come due that being Sergio's in Jamestown, North Dakota in which he received $51,300 and that he also received from the Mexican Village in Fargo which he still holds interest in $50,000 from his assets in that restaurant bringing his investment and his wife's to $150,000. Mr. ANVARY at this time advised Inevestigator DIRKS that he would provide me with a copy of the note from the State Bank of Fargo as well as documentation regarding the other funds that he had received. Investigator DIRKS in speaking with Mr. and Mrs. Behrooz ANVARY learned that they have a considerable financial background and have accounts in the following banks with good financial recommendations from all: St. Cloud State Bank First Bank of St. Cloud First American Bank of St. Cloud First International Bank of Fargo Fargo State Bank Dakota Bank of Grand Forks First American Bank of Alexandria, MN Page 3 Memorandum - Liquor License Investigator DIRKS Investigator DIRKS next spoke with the stockholder Phillip Gary SMITH in reference to his $75,000 investment and learned from Mr. SMITH that his investing in this restaurant is strictly a financial investment and that the restaurant itself in reference to its actual management will be conducted by Mr. and Mrs. ANVARY as well as their manager Mr. John TANGEN and that he will only oversee it from a financial standpoint. Mr. SMITH informed me that the funds that he invested came from a note which he obtained through Midway National Bank of St. Paul which is guaranteed by a 2nd mortgage on his residence in the City of Edina as well as stocks that he is owner of which guarantee this ongoing credit line of $200,000 which he uses for investment purposes. Mr. SMITH stated that he then borrowed on this line of credit $75,000 for his investment into this corporation. Investigator DIRKS was advised by Mr. SMITH that he would supply the necessary documentation for that line of credit which is ongoing with the Midway National Bank of St. Paul. Investigator DIRKS next spoke with Mr. Dennis John HANISH who informed me that the $75,000 investment on his part is the same situation as Mr. SMITH which is strictly a financial investment and that the day -to -day operation of the restaurant will be handled by the ANVARY's and their manager Mr. John TANGEN. Mr. HANISH again stated that his principal involvement is that of an investor and overseer of that investment in his position of Chief Financial Officer. Mr. HANISH informed Investigator DIRKS that his investment comes from $40,000 which he borrowed from the Ridgedale State Bank of Minnetonka, Minnesota as well as $35,000 of personal assets in the way of money withdrawn from his savings and sale of stock. Mr. HANISH informed Investigator DIRKS that he would supply the necessary written documentation to substantiate his investment to me at a later date. The purchase then of Chuck Muer's Seafood and Tavern by SAH Partnership is best explained in that there is a $100,000 Contract for Deed with the seller Chuck Muer's Seafood and Tavern with a $725,000 mortgage with the First American Bank of St. Cloud this secured by the escrow account of $300,000 invested by the four principal parties, Mr. and Mrs. ANVARY, Mr. SMITH and Mr. HANISH for the remodeling of said property to open up as the La Casita Mexican Restaurant at 2101 Freeway Boulevard in the City of Brooklyn Center. Investigator DIRKS next investigated each of the individual parties involved in the investment starting first with Mr. Behrooz NMN ANVARY, DOB: 01- 06 -45, residing at 13090 Ottowa Circle, Savage, Minnesota 55378, as well as his wife Michelle Rae ANVARY, same address, DOB: 04- 08 -55. In running criminal checks through Mincis NCIC, North Dakota, Fargo Police Department Page 4 Memorandum - Liquor License Investigator DIRKS North Dakota, Savage Police Department Minnesota, Brooklyn Park Police Department Minnesota, Brooklyn Center Police Department Minnesota, Minneapolis Police Department Minnesota and Hennepin County Sheriff's Office Minnesota. Additional check done on Michelle ANVARY included Chippewa County Sheriff's Office Minnesota and Montevideo Police Department Minnesota. In reference to these criminal checks that were run Investigator DIRKS could find no record with any of the agencies listed. Investigator DIRKS did find drivers licenses for both Mr. and Mrs. ANVARY. Mr. ANVARY having several minor traffic violations, the most current being 10 -31 -82 and Mrs. ANVARY having no violations. Investigator DIRKS also at this time had opportunity to speak with Waite Park Police Department, Chief Ken DICKINSON, in reference to the La Casita Restaurant which is presently operating within his jurisdiction. In speaking with Chief DICKINSON he informed Investigator DIRKS that in doing their liquor license investigation previously that he came up with no problems in regards to the ANVARY's and he indicated that the establishment since operating for approximately 18 months to two ears o a a PP Y in his community has run very Y Y Y good restaurant what g he describes as a family type of atmosphere with a Mexican cuisine and Mexican atmosphere. Chief DICKINSON indicated that he has no reports of problems with the liquor establishment and at no time have they been investigated in reference to any kind of violations. Chief DICKINSON informed me that when they opened up the restaurant that they did approximately $200,000 in remodeling and that it has become one of the most popular restaurants within his jurisdiction. Chief DICKINSON indicated that it was run as he referred to it as a clean ship nd that p he wished all of his establishments were run as well. Investigator DIRKS questioned Chief DICKINSON in reference to any entertainment being offered at this restaurant and he informed me that there was none that it was basically a Mexican motif with good food and the emphasis being on the food and then offering liquor as a sideline to that dining atmosphere. Investigator DIRKS also had contact with the Fargo Police Department where I spoke with Sergeant Marvin HUCKLE who informed me that he has been working for over four years in narcotics and liquor violations and that in reference to the Mexican Village Restaurant which Mr. ANVARY still has interest in that they have never had any problems to his knowledge and specifically in the last four years he knows of no investigations in reference to that restaurant. Sergeant HUCKLE informed Investigator DIRKS that the Mexican Village Restaurant has to be at least 15 maybe 16 years old and that it is a family run operation and him having the most knowledge of Ben ANVARY the brother Page 5 Memorandum - Liquor License Investigator DIRKS of Behrooz ANVARY. Sergeant HUCKLE informed Investigator DIRKS that it is basically a family restaurant as far as atmosphere and that its mainstay again is the Mexican cuisine and that the liquor is sort of a sideline to that dining experience. Sergeant HUCKLE informed Investigator DIRKS that the ANVARY family has been very much involved in civic affairs and that they are very quick to donate or jump in if the City needs assistance on something without any kinds of questions being asked on the part of the ANVARY's and that if someone needs help they are more than willing to do so. Sergeant HUCKLE informed me that an example of that is that he knows Ben ANVARY very well through the YMCA which he is quite involved with and that Ben is also very active in the YMCA in the Fargo area. In reference to negative information Investigator DIRKS was unable to determine any through either Sergeant HUCKLE of the Fargo Police Department or Chief Ken DICKINSON of the Waite Park Police Department in Minnesota. These are the two establishments which Mr. ANVARY is presently involved with. Investigator DIRKS next had opportunity to have an interview with Mr. and Mrs. ANVARY to get some background information in regards to their involvement in the restaurant business. Investigator DIRKS was advised then by Mr. ANVARY who is a naturalized citizen that he came to this country in 1969 and that after doing so he and his family opened a restaurant in 1973 at Fargo, North Dakota, that being the Mexican Village Restaurant which he is still part owner of. Mr. ANVARY informed Investigator DIRKS that during the course of owning that restaurant he became involved in several other restaurants which they opened around Fargo and the Grand Forks area in which he had interest in. Mr. ANVARY at this time also advised Investigator DIRKS that he and his brothers have always been involved in activities within the community and have always strived towards having their restaurant and facilities add to the community rather than detract. Mr. ANVARY informed Investigator DIRKS that in 1979 a building was purchased by he and his brothers and donated to the City of Fargo for an art museum. Mr. ANVARY also advised Investigator DIRKS that in 1981 to 1982 they were twice running Employer of the Year in the City of Fargo and that they were heavily involved in the hiring of handicapped persons in their restaurants to aid and assist those parties in leading useful and productive lives. In talking with Mr. ANVARY he informed me that he had been involved in a number of restaurants so Investigator DIRKS questioned him as to other restaurants owned and he informed me that in 1979 to 1981 he along with his brother Fred were involved in the purchase of a Page 6 Memorandum - Liquor License Investigator DIRKS restaurant in Fargo called the Paradiso, again a Mexican Restaurant, which he sold out to his brother in 1981. Mr. ANVARY advised Investigator DIRKS he was also involved with a couple other investors by the name of John VAN BUSH and Tom NESTOR who operate the Mexican Village in Mankato in which they invested in that restaurant which he has since sold his stock in. Mr. ANVARY advised me that also from 1977 to 1978 they operated the La Campanna Mexican Restaurant in Grand Forks, North Dakota which he sold his interest in in 1978. Previously Mr. ANVARY was also involved in a restaurant in the Twin Cities area in the City of Fridley where he owned stock in 1984 to 1985 this being a public owned company, T. R. McCoys, this being the first investment that he was involved with with Mr. HANISH and Mr. SMITH whom he met through his stockbroker who is the brother to Mr. HANISH working for Merrill Lynch in Fargo. Investigator DIRKS then talked with Mr. ANVARY about his relationship with Mr. HANISH and Mr. SMITH and he informed me that they were investors both involved in the stockmarket and Mr. SMITH also being the ownership of a car dealership and that they involved themselves in a number of financial investments and that due to his knowledge in the restaurant business and their knowledge of finances that they were logical choices to work together with in obtaining other restaurant locations. Mr. ANVARY informed me that after the original investment in 1984 to 1985 which he then sold his stock in of T. R. McCoys that he has since been looking for other investment possibilities. The first one being his moving into the Waite Park area near St. Cloud where he opened the La Casita Restaurant approximately two years ago and now wishing to expand his restaurant business by the opening of the La Casita Restaurant here in Brooklyn Center with the purchase of the property from Chuck Muer's Seafood and Tavern. Investigator DIRKS in reviewing the information given by Mr. ANVARY and talking with the Police Departments in which these restaurants were previously owned by him Investigator DIRKS could come up with no negative comments in reference to any of the establishments Mr. ANVARY has been involved with. It should be noted that all of the restaurants that he mentioned are still operating with some of the original investors involved and appear to be doing quite well. Investigator DIRKS after receiving this information from Mr. ANVARY also had information corroborated by Mr. SMITH and Mr. HANISH and that each of them has advised me that they are basically financial investors and that their background is in that of the stock market and that they have both worked for John KINNARD and Company in securities and sales for a number of years. Mr. SMITH presently being a Vice President and Member of the Board of Directors as well as Vice President of Quality Lincoln Mercury. Page 7 Memorandum - Liquor License Investigator DIRKS In speaking with Mr. SMITH then and Mr. HANISH they informed me that their involvement with Mr. ANVARY and Mrs. ANVARY is in that they run a quality restaurant business and that with their management of this new facility they see it as a great financial opportunity for themselves as well as the ANVARY's and it is for that reason that they are investing in this endeavor. In reviewing the information received Investigator DIRKS sees a long line of involvement by Mr. and Mrs. ANVARY in the restaurant business and a clear understanding on their part of the business that they are involved in and see their operating of this new restaurant as a plus to the City of Brooklyn Center. Investigator DIRKS next ran the criminal history checks on the applicant Dennis John HANISH, DOB: 05 -22 -44 as well as his wife Carol Jean Marie HANISH, DOB: 12- 09 -47. These checks being run through Mincis NCIC, Illinois, Florida, North Dakota, Bismarck Police Department North Dakota, Minneapolis Police Department and Hennepin County Sheriff's Office as well as Minnesota driver's license and Florida driver's license checks, since their present residential address listed is in the State of Florida. In running these checks Investigator DIRKS received no criminal histories for either Mr. or Mrs. HANISH and found a conex file only in the State of Minnesota for Dennis John HANISH showing violations in the way of a speeding ticket in 1981 and notification being made to the State of Florida in 1983 indicating a Florida driver's license. There were no criminal records found in reference to Mr. or Mrs. HANISH through the agencies checked with. Investigator DIRKS ran criminal histories next in reference to Phillip Gary SMITH, DOB: 04 -08 -48 as well as his wife Nancy Jill SMITH, DOB: 08- 10 -52. Checks run being Mincis NCIC, Tennessee, Knoxville Police Department Tennessee, Bloomington Police Department Minnesota, Edina Police Department Minnesota, Minneapolis Police Department Minnesota and Hennepin County Sheriff's Office Minnesota as well as Minnesota driver's license checks. In reference to the criminal histories Investigator DIRKS found no criminal history through any of the agencies checked with on either Mr. or Mrs. SMITH. Investigator DIRKS in running the drivers licenses found each to have a valid Minnesota driver's license. Mrs. SMITH having no violations and Mr. SMITH having one speeding violation on 04- 06 -87. Both indicating the address that they reside at as 5700 Lois Lane, Edina, Minnesota. Investigator DIRKS in continuing the investigation of these parties due to Mr. and Mrs. ANVARY being out of the immediate metro area and Mr. HANISH and his wife being out of state could only do a residential Page 8 Memorandum - Liquor License Investigator Dirks check on the investor Phillip SMITH and his wife Nancy SMITH by checking their address at 5700 Lois Lane in Edina, Minnesota. Investigator DIRKS did check the neighborhood and found it to be a very upper class neighborhood with the residents being in the $200,000 plus thousand dollar valuation and found that Mr. and Mrs. SMITH kept their residence very neat and orderly. In an attempt at contacting the next door neighbor of Mr. SMITH Investigator DIRKS at the time I was in the neighborhood found no one home. It is obvious from the neighborhood though and the condition of Mr. SMITH's home that he takes a great deal of pride in the ownership of his property in the way that it is maintained. Investigator DIRKS then in completing the backgrounds in reference to the four basic stockholders of SAH, Incorporated can find nothing that would indicate any reason to decline license to the applicants. Investigator DIRKS would like to point out that all of the information that I received in regards to Mr. and Mrs. ANVARY from the parties spoken to in regards to the operation of the restaurants that they have had holdings in or presently still have interest in was all positive and that in talking with the business associates of Mr. SMITH and Mr. HANISH that everything in regards to them has been positive. It should be noted that Investigator DIRKS in checking on Mr. SMITH and Mr. HANISH in their holdings which they still have interest in that being T. R. McCoys in the City of Fridley I spoke with Chief Jim HILL as well as Investigator ROBINSON of the Fridley Police Department who informed me that this is a 50's motif restaurant which Investigator DIRKS personally observed along with Investigator ROBINSON so I would have firsthand knowledge of the establishment. Investigator DIRKS in speaking with Investigator ROBINSON and Chief HILL did learn that the ownership has been very good and that they have had good management through the course of ownership in the City of Fridley and that they have had no problems with the establishment conforming to State Law Ordinances and their own guidelines. Chief HILL did inform Investigator DIRKS that there has been a number of promotional moves done by the restaurant and that all of those have been done very well and that any time it would infringe upon parking of their neighbors etc they would have contact with the Police Department to ensure that they not have any difficulties and so that anything that may infringe on a neighbor could be handled by them correcting the problem. According to Chief HILL they have had no problems with the license since it was let to T. R. McCoys and that the ownership to the best of his knowledge has been extremely cooperative with the Police Department in running a very clean and efficient restaurant. Page 9 Memorandum - Liquor License Investigator Dirks Investigator DIRKS would note that the motif is described as a 50's type hamburger restaurant and that it is very neat, clean and well maintained. Investigator DIRKS would like to point out at this time that it is also an establishment that the ANVARY's originally were investors in and helped with the planning and opening of the restaurant. Investigator DIRKS next had opportunity to complete the background investigation of the on -site manager that being John Reginald TANGEN, DOB: 10- 23 -47. Investigator DIRKS in doing so did have opportunity to run criminal history checks on Mr. TANGEN, those checks including Mincis NCIC, St. Cloud Police Department, Waite Park Police Department, Stearns County Sheriffs Office, Chisago County Sheriffs Office and Taylor Falls Police Department. Investigator DIRKS in checking those departments finds no criminal history in regards to Mr. TANGEN. Investigator DIRKS in checking his Minnesota driver's license find that his license is valid with no violations listing his present address as 380 Park Meadows Drive, Waite Park, Minnesota 56387. Investigator DIRKS also had opportunity to speak with Chief DICKINSON of the Waite Park Police Department in reference to Mr. TANGEN and he informed me that Mr. TANGEN had worked at the restaurant prior to the purchase of it by Mr. and Mrs. ANVARY when it was still called Esteban's Restaurant. Chief DICKINSON informed me that he at that time knew Mr. TANGEN as a bartender there and that he informed me that he had never had any kind of problems with Mr. TANGEN. Chief DICKINSON informed Investigator DIRKS that he believed Mr. TANGEN to have some interest in the establishment presently but that it may be just that he is the manager of the restaurant but that he is definitely the one that he deals with in reference to the establishment in that any promotions etc that they need to have permits requested that the contact is by Mr. TANGEN to his office. Chief DICKINSON informed Investigator DIRKS that Mr. TANGEN runs an extremely efficient and well maintained establishment and that in the management of the restaurant in his community that he has been very successful. Chief DICKINSON informed Investigator DIRKS that he does not know of any problems with Mr. TANGEN in operating their restaurant and that they have very little call for service there and that any problems that must or may arise in a liquor establishment which can happen with all must be handled by him and that they have few calls to the restaurant. According to Chief DICKINSON he informs Investigator DIRKS that Mr. TANGEN is one of the better people he has to deal with in reference to the operation of a liquor establishment. Investigator DIRKS in talking with Mr. and Mrs. ANVARY about Mr. TANGEN they informed me Page 10 Memorandum - Liquor License Investigator Dirks that he was one of the only people maintained after they purchased the Esteban's Restaurant and remodeled it into La Casita in Waite Park. Mr. ANVARY informed me that he has been a very very good employee for him and that he thinks highly enough of him in that he is bringing him to Brooklyn Center to open up this new store. Mr. ANVARY indicated that he does know Mr. TANGEN previously to have had a problem with alcohol and that he is a recovered alcoholic who has not had a drink for many years. Mr. TANGEN is very highly thought of by Mr. and Mrs. ANVARY and they inform me that they would trust him with any of their holdings. Investigator DIRKS in reviewing the application of Mr. TANGEN does find that he worked for the Esteban's Restaurant from March 1982 to April 1986 when it was sold to Mr. ANVARY and has worked for Mr. and Mrs. ANVARY since that time as manager of the restaurant in Waite Park. It is obvious from the recommendation Mr. ANVARY who is his present employer that Mr. TANGEN is very well thought of by him in that he is trusting him with running the newest establishment which he will be opening which will be a considerably large investment for the ANVARY's as well as the other two investors Mr. SMITH and Mr. HANISH and that there is approximately $300,000 in remodeling alone going on above the cost in making the purchase from Chuck - Muer's Seafood and Restaurant. In completing the background on Mr. TANGEN Investigator DIRKS did make attempts at contacting the listed supervisor of Bob TANNER for the Esteban's Restaurant with no success. Investigator DIRKS did have opportunity to contact the listed personal references though by first speaking with Mark MAGNUSON by placing a call to his place of employment. Mr. MAGNUSON is an accountant who has been a long time friend of Mr. TANGEN knowing him since about 1978 to present. Mr. MAGNUSON informed Investigator DIRKS that he knew Mr. TANGEN while he was still a student and that he has known him as a friend and has socialized with him on many occasions. Mr. MAGNUSON informed Investigator DIRKS that he knows Mr. TANGEN from being a bartender and manager at Esteban's and later being the manager at La Casita Restaurant in Waite Park. According to Mr. MAGNUSON that since he has become management and working for the ANVARY's that Mr. TANGEN is what he calls a workaholic in that he is married to his job and that he spends many many hours what he describes as an extraordinary number of hours working in his restaurants. Mr. MAGNUSON informed Investigator DIRKS that he feels that you could not find any better employee and that he is very dedicated and hardworking when it comes to the running of the restaurant as if it was his own property. Page 11 Memorandum - Liquor License Investigator Dirks Mr. MAGNUSON informed Investigator DIRKS that he originally met Mr. TANGEN when he was bartending atEsteban's and that he got to know him through softball in that Mr. TANGEN had been a manager and coach for a softball team that Mr. MAGNUSON had played on. Mr. MAGNUSON was questioned about Mr. TANGEN's problem with alcohol and he informed Investigator DIRKS that he knew that there had been some problem but that it had been such a long time since Mr. TANGEN had had a drink that he knows personally that the problem no longer exists and that Mr. TANGEN has not had a drink for many many years. Mr. MAGNUSON stated that he could think of no reason why Mr. TANGEN should not be a manager of the restaurant in our city and he informed me that he thought he would be an excellent choice for that job in that he is so dedicated to his employer and in the operation of the restaurants that he is involved with. The next reference spoken to was Richard WEST, Attorney at Law, of 1350 Montrose Boulevard, Buffalo, Minnesota, business phone 682 -1343. Investigator DIRKS had opportunity to talk with Mr. WEST by telephone informing him of the nature of the call at which time Mr. WEST informed me that he had known the applicant, John TANGEN, since approximatley 1975. Mr. WEST informed me that he at that time was going to school in St. Cloud and that he knew Mr. TANGEN through the bar business as he himself had been working part time as a bartender and bouncer in different establishments around the St. Cloud area while attending college. Mr. WEST stated that he had played on a softball team in which Mr. TANGEN was the manager /coach and that he knew Mr. TANGEN personally and that his knowledge of TANGEN was that as far as employment he had always been working in the bar business except for a short period of time when he worked as a car salesman for a Chevrolet Dealership in the St. Cloud area. Mr. WEST informed me that Mr. TANGEN's parents were involved in the pharmaceutical business he believed in the State of Wisconsin but that he believed John had never been involved in that business. Mr. WEST informed Investigator DIRKS that he knew that John had been married for awhile to a woman Mr. WEST described as being a high roller type and that TANGEN had divorced this lady some time ago and to Mr. WEST's belief it was for the better. Mr. WEST informed Investigator DIRKS that he thought Mr. TANGEN was a very responsible individual and that he knows that for a long period of time now that he has not taken any alcoholic beverages due to a believed chemical problem that Mr. TANGEN felt he had. Mr. WEST stated that he was not aware of the problem as far as him making an actual observation but evidently Mr. TANGEN felt he had one and that for many many years now he has not taken a drink. Mr. WEST stated that he knows Mr. TANGEN presently to be an extremely Page 12 Memorandum - Liquor License Investigator Dirks hard worker and indicated that Mr. TANGEN while working at Esteban's prior to it changing hands had increased the volume of business while he was the bar manager there. Mr. WEST stated that he then continued as manager when the new ownership took over and it became La Casita Mexican Restaurant and that the restaurant grew even greater after the remodel and changeover and he attributed much of this success to the management of Mr. TANGEN. Mr. WEST stated that he could think of no negative comments to make about Mr. TANGEN and that going back on his knowledge of Mr. TANGEN the only negative thing that possibly could have come up would have been his drinking but that that has been a problem since dealt with many years ago and that as far as he could comment presently he knew of no possible problem with Mr. TANGEN as a manager of this restaurant and in fact indicated that he thought Mr. TANGEN would be an asset to the community in that he is such an extremely hard worker and conscientious about the running of his restaurants. Mr. WEST stated that he could see no reason that the Police Department would have for not wanting Mr. TANGEN to be the manager of this restaurant as he felt that he would be a real asset to our community. In talking with the references then Investigator DIRKS was able to reach two of three. The reference I was unable to reach was Thomas ISAACSON who is an Elementary teacher in St. Cloud. There being no answer at that number after a number of attempts were made to contact him. Based on the information received by the references and the information received by Mr. ANVARY Investigator DIRKS can see no reason why Mr. TANGEN wouldn't be a conscientious and hard working manager of the La Casita Restaurant. Based on the information received from all parties interviewed Investigator DIRKS feels that Mr. TANGEN will abide by City Ordinances, State Statutes and City Policies in reference to the running of this restaurant and feels that he will be more than accessible to the Police Department should any problems develop. Investigator DIRKS feels that Mr. TANGEN will also be as the owners Mr. and Mrs. ANVARY appear to be from their background investigations very willing to cooperate with the City in regards to any matters that may come up in regards to the running of their restaurant. In summation of this liquor license investigation Investigator DIRKS feels that the financial arrangements involving the purchase of the business and the remodeling have been adequately investigated to determine where the finances have come from. In addition Investigator DIRKS feels that the background investigations run on each of the Page 13 Memorandum - Liquor License Investigator Dirks parties having financial interest in the company and the on -site manager have indicated nothing that would restrict them from being able to apply for a liquor license in the City of Brooklyn Center and receiving one. Investigator DIRKS also feels from talking with personal references and working associates of the parties involved that the information n I have been able to put together indicates that the restaurants that they are currently involved with are well run establishments that have been assets to the communities in which they operate and abide by all laws governing them. Investigator DIRKS at this time then makes a recommendation that the City of Brooklyn Center strongly give consideration to the issuance of a license to SAH, Incorporated to operate La Casita Mexican Restaurant at 2101 Freeway Boulevard in the City of Brooklyn Center. RD /ss Licenses to be approved by the City Council on October 26, 1987: CHRISTMAS TREE SALES LOT P.Q.T. Company 4007 58th Ave. N. Sears 1297 Brookdale Center Director of Planning and Inspection GARBAGE AND REFUSE COLLECTION VEHICLE r T & L Sanitation 8201 Logan Ave. N. Sanitariane ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lions 6500 Humboldt Ave. N. Brooklyn Harmonettes 6301 Shingle Creek Pkwy. Earle Brown PTA 5900 Humboldt Ave. N. Sanitarian RENTAL DWELLINGS Renewal: Donald Foster 5100 Brooklyn Blvd. ROI Properties, Inc. 6306 Brooklyn Drive Lillian Hollenbeck 5406 Bryant Ave. N. Ralph C. Johnson 5440, 44 Bryant Ave. N. Herbert A. Zwirn 5500 Bryant Ave. N. George Shimshock 5900 Colfax Ave. N. Tower Investments 5100 Drew Ave. N. . Dale C. Wegner 5935 Dupont Ave. N. Rafael Rocha 5326 James Ave. N. Jeff and Patti Stewart 5547 Lyndale Ave. N. Daryl Losey 5931 Pearson Drive Robert Nechal 5332, 36 Russell Ave. N. Marilyn Dietrich /Thomas Schultz 6831 Toledo Ave. N. Jack and Mary Herrlin 4803 Wingard Place George and Etheljean McMullen 2401," 03 54th Ave. N. Peter S. Kelly 3900 56th Ave. N. J. J. Barnett 2910 68th Lane J. J. Barnett 2914 68th Lane J. J. Barnett 2918 68th Lane J. J. Barnett 2922 68th Lane Director of Planning and Inspection GENERAL APPROVAL. � D. K. Weeks, City Clerk PROCLAMATION DECLARING OCTOBER 27, 1987, AS TIM LAUDNER DAY WHEREAS, Tim Laudner has been a member of the Minnesota Twins baseball organization since 1979 and is a member of the 1987 World Champion III Minnesota Twins team; and WHEREAS, Tim Laudner resided in Brooklyn Center, Minnesota from 1965 to 1976, played on Brooklyn Center Little League, Babe Ruth, and Senior Babe Ruth baseball teams and the baseball team at Park Center High School, where he graduated in 1976; and WHEREAS, Tim Laudner played on the only Brooklyn Center Senior Babe Ruth baseball team to play in the National Senior Babe Ruth Tournament; and WHEREAS, the City of Brooklyn Center wishes to express its pride and convey congratulations to the 1987 World Champion Minnesota Twins and Tim Laudner. NOW, THEREFORE I A MAYOR AYOR OF THE CITY OF BROOKLYN CENTER State e f Minnesota do hereby proclaim Tuesday, October 27, 1987, as Tim Laudner Day in Brooklyn Center and call upon all of the citizens of Brooklyn Center to recognize the efforts of the World Champion Minnesota Twins and Tim Laudner. Date Mayor Seal Attest Clerk