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HomeMy WebLinkAbout1985 09-09 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 9, 1985 7 :00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. *6. Proclamation Declaring September 17 through September 23 as Constitution Week in Brooklyn Center 7. Resolutions: a. Declaring September 16, 1985 through September 22, 1985 as Crime Prevention Week in Brooklyn Center -Phil Cohen, President of the Brooklyn Center Crime Prevention Fund will be prepared to address the Council. b. Ordering Abatement of Nuisance at 5126 Drew Avenue North *c. Urging Congress to Adopt S.F. 1570 Exempting State and Local Employees from the Federal Fair Labor Standards Act 8. Planning Commission Items: (7 :30 p.m.) a. An Ordinance Amending Chapter 35 of the City Ordinances to Allow Chapels, Churches, Synagogues, and Temples as a Special Use in the R5 Zoning District -This ordinance is offered for a first reading this evening, and relates to Planning Commission Application No. 85009 submitted by Foundation Stone Ministries, Inc. This item requires a 4/5 vote by the Council. b. An Ordinance Amending Chapter 35 of the City Ordinances to Allow Convenience Food Restaurants as a Permitted Use in Shopping Centers over 250,000 sq. ft in Floor Area -This ordinance'is offered for a first reading this evening, and requires a 4/5 vote by the Council. C. Planning Commission Application No. 85022 submitted by Joan Nye requesting special use permit approval to operate a photography studio in the basement of the residence at 6906 Grimes Avenue North. This item was recommended for approval by the Planning Commission at its August 15, 1985 meeting. CITY COUNCIL AGENDA -2- September 9, 1985 9. Public Hearing (8:00 p.m.) a. Public Hearing on Annual City Budget and Use of Federal Revenue Sharing Funds 10. Discussion Item a. Earle Brown Farm Project Update *11. Licenses 12. Adjournment i PROCLAMATION DECLARING SEPTEMBER 17 THROUGH 23 AS CONSTITUTION WEEK WHEREAS, September 17, 1985, marks the one hundred ninety- eighth anniversary of the drafting of the Constitution of the United States of America by the Constitutional convention; and WHEREAS, To accord official recognition to this memorable anniversary, and to the patriotic exercise that will form a noteworthy feature of the occasion, seems fitting and proper; and WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through September 23 as Constitution Week. NOW, THEREFORE, I, Dean Nyquist by virtue of the authority vested in me as Nayor of the City of Brooklyn Center in the State of Minnesota do hereby proclaim the week of September 17 through 23 as Constitution Week, in the City of Brooklyn Center, and urge all our citizens to pay special attention during that week to our Federal Constitution and the advantages of American Citizenship. In Witness 'Whereof, I have hereunto set my hand and caused the Seal of the City to be affixed at September this 9th day in the year of our Lord one thousand nine hundred and eight -five and the Independence of the United States of America, the two hundred and ninth. Date Mayor Seal Attest Clerk Number introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION DECLARING SEPTEMBER 16 TO SEPTEMBER 22, 1985 AS CRIME PREVENTION WEEK IN BROOKLYN CENTER WHEREAS, the Brooklyn Center Crime Prevention Fund is a citizen's organization founded by the Brooklyn Center Rotary and Chamber of Commerce and incorporated in May 1982; and WHEREAS, the purpose of the Brooklyn Center Crime Prevention Fund is to make money available for privately negotiated rewards, educating the public on how ' they may contribute to the prevention of crime and for use in identifying and preventing illicit activity; and WHEREAS, the Brooklyn Center Crime Prevention Fund is planning activities for the week of September 16, 1985 to September 22, 1985, including an open house at the police department, a joint luncheon with the Brooklyn Center Rotary and Chamber of Commerce, and a walk -a -thon; and WHEREAS, the Brooklyn Center City Council supports the efforts of the Crime Prevention Fund in Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the week of September p 16 to September 22, 1985 is hereby declared as Crime Prevention Week in Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i 7d Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ORDERING THE ABATEMENT OF NUISANCE AND HAZARDOUS CONDITION OF REAL ESTATE EXISTING AT 5126 DREW AVENUE NORTH IN THE CITY OF BROOKLYN CENTER WHEREAS, Brooklyn Center City Ordinance Section 19 -101, Subdivision 1, defines a public nuisance as maintaining or permitting "a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any number of members of the public;" and WHEREAS, Brooklyn Center City Ordinance 19 -103, Sub- division 3 defines public nuisance as "[g]arbage not stored in rodent free and fly -tight containers, or; garbage stored so as to emit foul and disagreeable odors, or; garbage stored so as to constitute a hazard to public health;" and WHEREAS, Brooklyn Center City Ordinance 19 -103, Sub- division 4 defines public nuisance as "[a]ccumulations of rubbish as defined herein;" and WHEREAS, Brooklyn Center City Ordinance 19 -103, Sub- division 9 defines public nuisance as "[t]he emitting or production of dense smoke, foul odor, noise, noxious fumes, gases, soot, cinders or sparks in quantities which unreason- ably annoy, injure, or endanger the safety, health, morals, comfort, or repose of any number of members of the public;" and WHEREAS, Brooklyn Center City Ordinance 19 -103, Sub- division 11 defines public nuisance as [a]ccumulation of junk, disused furniture, appliances, machinery, automobiles and parts thereof or any matter which may become a harborage for rats, snakes or vermin, which creates ,a visual blight, or which may be conducive to fire, or which endangers the comfort, repose, health, safety or welfare of the public;" and WHEREAS, Minnesota Statutes No. 463.15 et.`seg permits the City Council to correct the hazardous condition of any parcel of real estate; and WHEREAS, the Director of Planning and Inspections has given a report to the City Council relative to the condition of the property Located at 5126 Drew Avenue North which P Y creates such a public nuisance and hazardous conditions; and WHEREAS, said report has been considered by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. That the rodents, the rodent feces, the feed seed shells, the feed seed bags, the debris in the garage, the clothing infested with rodents and rodent feces, the holes in the dwelling's struc- ture caused by the rodents, the clogged waste line from the bathtub and the human feces in the base- ment shower, all of which are located on the property at 5126 Drew Avenue North are in vio- lation of Brooklyn Center Ordinances 12 -308, 12- 309, 12 -312, 12 -405, 12 -702 and 12 -709. 2. That said ordinance violations are found to be a public nuisance and a hazardous condition of real estate for the reasons set forth in the written report from the Director of Planning and Inspec- tions, a copy of which is attached to this resolu- tion and incorporated by reference. 3. That abatement of the nuisance and hazardous condition of real estate is hereby ordered by the City Council of the City of Brooklyn Center. 4. That a written order directing the property owner, Louise Bergee, to correct the condition within _ twenty days of service of the order be served on the property owner and all lien holders of record. 5. If the condition is not corrected within that time, the City will obtain a judgment in court allowing the City to abate the nuisance and hazar- dous condition and assess the costs of abatement to the property owner under Brooklyn Center City Ordinance Section 19 -105 and Minnesota Statutes No. 463.21 (1984) Date Mayor ATTEST: Clerk RESOLUTION NO. The motion . ton for the adoption of the foregoing resolution was duly seconded by member in favor thereof: and upon vote being taken thereon, the following voted and the following voted against the same: whereupon said resolution was duly passed and adopted, MEMORANDUM TO. Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspection DATE: September 5, 1985 SUBJECT: Resolution ordering the abatement of nuisance and hazardous condition at 5126 Drew Avenue North. A resolution will be presented to the City Council on September 9, 1985 ordering the abatement of a nuisance and hazardous condition at 5126 Drew Avenue North owned by Mrs. Louise Bergee. The resolution,in addition to ordering the abate- ment of the nuisance,gives the property owner twenty days in. which to correct the nuisance and hazardous conditions. If compliance is not obtained within that time,the resolution authorizes the City to obtain a judgment in court to allow the City to abate the ,nuisance and hazardous condition and assess the costs of abatement to the property owner consistent with City ordinance and State Statutes. This requested action is deemed necessary as a result of an inspection of the property conducted on August 26, 1985. It was necessary to gain access to the premises for the inspection through a- search warrant obtained by the Police De- partment. The inspection disclosed that the premises was a harborage for rodents; that feed seed shells were placed throughout the dwelling and garage offering food for rodents; that stored clothing was infested with rodents; that holes in the foundation and soffits allowed rodent access from the outside to the premises; that rodents had :gnawed holes in the building, ceiling and walls; that there was a clogged waste line and a sewer backup in a basement shower stall; and that there was a need to clean and sanitize walls, floors, ceilings, cupboards and applicances and remove rodent feces throughout the premises. (See copy of Police Department Supplemental Report and Application for Search Warrant attached). The first indication of any problems at 5126 Drew Avenue North was in September, 1984 when the Sanitarian received a complaint from a neighbor indicating there were rodents in the neighborhood and the occupant at 5126 Drew Avenue North was encouraging these rodents by providing feed for squirrels and birds throughout her yard. The Sanitarian and Building Inspector went to the. property on September 25, 1984 and discovered seed and feed scattered throughout the yard, ramps leading from the ground to holes in the facia and soffit which allowed squirrels, as well as rodents, to seek shelter in the house. The owner was advised of ordinance provisions prohibiting rodent harborages and ordered to discontinue ground feeding, close up holes providing rodent access to the residence and clean up debris around the premises. A followup inspection was done on November 6, 1984 and it.was reported that the conditions still were present. The owner indicated at that time that she was on a fixed income and it would be financially difficult to comply with the order at that time. The Sanitarian and Building Inspector extended the time for compliance to June 1, 1985 due to the scope of cleanup and the owner's personal financial resources. S 1 Memo Page 2 September 5, 1985 On June 3, 1985 another followup inspection was made indicating no corrective action had been taken. During June, July and August of this year, attempts to encourage compliance with City Ordinances were undertaken by the Sanitarian and Building Inspector. On August 21, 1985 another inspection was conducted with the Sanitarian and Build- ing Inspector again noting that no corrective action had been taken. Rodent holes in the yard, doors and foundation were still present; runways from the ground to the attic allowing rodent access to the house were still present; feed and debris werestill scattered around the yard; and a bird was observed flying in the house. The Sanitarian and Building Inspector had concern regarding the interior conditions of the house and following review of the situation with the Police Department, a search warrant was obtained and executed on August 26, 1985. A video tape and photographs were taken confirming the above stated nuisance and unsanitary con- ditions. Another compliance order dated September 3, 1985 (attached) was sent to the owner of the property indicating the items that must be corrected to abate the nuisance. It is my opinion, based on the documented incidents noted above, that the rodent harborage at the propdrty must be abated and the property cleaned, repaired and sanitized in the most expeditious manner legally possible and, therefore, recom- mend that the City Council adopt the proposed resolution so that if the property owner does not correct the situation within the prescribed 20 days, the City can undertake nuisance abatement with the costs of such abatement being assessed to the property owner. I believe the facts warrant such action, not only for the protection of the property owner, but neighboring properties as well. STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT In the Matter of the Nuisance ORDER FOR ABATEMENT and Hazardous Condition of OF NUISANCE AND HAZARDOUS Real Estate Located at 5126 CONDITION OF REAL ESTATE Drew avenue North, Brooklyn Center, Minnesota. TO: LOUISE BERGEE, 5126 DREW AVENUE NORTH, BROOKLYN CENTER, MINNESOTA, 55429 The City Council of the City of Brooklyn Center orders that, within twenty (20) days of the service of this Order upon you, the nuisance and hazardous condition of real estate of your property located at 5126 Drew Avenue North, Brooklyn Center, Minnesota, be abated. Pursuant to Br - Brooklyn Center Ordinances 12 305, 12 -309, 12 -312, 12 -405, 12 -702, 12 -709 and 19 -105, and Minn Stat §463.15 through §463.261, the City of Brooklyn Center, in Resolution No. , a copy of which is attached, and by this reference made a part of this Order, finds that the - rodents, the rodent feces, the feed seed shells, the feed seed bags, the debris in the garage, the clothing infested with rodents and rodent feces, the holes in the dwelling's structure caused by the rodents, the clogged waste line from the bathtub and the human feces in the basement shower, all - of which are located on your property, constitutes a nui- sance and a hazard due to the facts set forth in the reso- lution. To eliminate the nuisance and hazardous condition, the following corrections must be made 1. Exterminate all rodents within the dwelling and garage and exterior yard areas; 2. Remove all rodent feces and feed seed shells from within the dwelling and garage; 3. Remove all feed seed bags and debris from the garage; 4. Remove all boxes of clothing infested with rodents and rodent feces; 5. Patch and repair all holes in the dwelling siding, doors and trim to prevent rodent entrance; 6. Repair bathtub waste line to function properly; 7. Remove basement shower stall containing human waste due to sewer backup; 8. Clean and sanitize all interior walls, floors, ceilings, storage cabinets and stairs; and 9. Clean and sanitize the stove, the refrigerator, the kitchen sink, the water closet, the lavatory and the bathroom. If corrective action is not taken by complying with _ this Order within twenty (20) days from the date of service upon you, or, if within twenty (20) days no Answer of this Order has been served upon the undersigned, a Motion for Summary Enforcement of this Order will be taken by the City of Brooklyn Center in the Hennepin County District Court, to allow the City to abate the nuisance and hazardous condi- tion, and to assess the property for the cost of such work. CITY OF BROOKLYN CENTER By Mayor LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ a Professional Association By Kurt J. Erickson A.I.N. 158380 Assistant City Attorney City of Brooklyn Center 2000 First Bank Place West Minneapolis, MN 55402 (612) 333 -0543 DATED: f BROOKLYN CENTER POLICE DEPARTMENT' . Supplementary Report File No. 85 -13447 Oture of Offense RULES & REGULATIONS #9882 Location of Offense 5126 Drew Avenue North Date Reported 08 -23 -85 Time 1500 Date Committed Prior to 08 -23 -85 and thereafter Time Total Value of Loss NSA Andrew J. - ALBERTI Name of Complainant Kristin LEE Age First Middle Last Address of Complainant City of Brooklyn Center, Health and Buildings & Inspection Departments City and State Brooklvn Center MN 55430 Residence Phone Business Phone 561 -5443 Telephone Witness Address Age Residence Business Suspect Age Sex Race Ht. Wt. Bld. Clothing Hair wise BERGEE F W Address Phone Place of Employment Place Frequented 5126 Drew Ave. N. Vehicle Make Year Body Style Color License No. ID. Marks NONE Yes No Yes No Technician Name Property Inventory ❑ x❑ Crime Lab Vehicle Impounded ❑ El Fingerprints Lifted ❑ © Officer Is Stolen Property Traceable ❑ x❑ Photos Taken R ❑ MONTEEN /SPEHN Victim Hospitalized ❑ ❑ Where: Victim Deceased ❑ Who Pronounced: Oi cer Assigned to Case MONTEEN/ EHN /SHELLEY EWALD / Transferred to Supervisor Approved Date and Time Report Made 08 -26 -85 @ 1100 8r kIvn Prtn. & Adw Cn I— 1 J` 147() r. 4 BROOKLYN CENTER POLICE r a _ INVESTIGATION REPORT LF Form 17 Offense RULES & REGULATIONS #9882 Andrew J. ALBERTI z Complainant Kr; s t ; n LEE P Address City of Brooklyn Center On 08 -23 -85 at approximately 1500 hours, Investigator MONTEEN spoke to Kristin LEE, the City Sanitarian for the City of Brooklyn Center and re viewed reports and memorandums filed by Kristin LEE and Andrew ALBERTI, Building Inspector for the City of Brooklyn Center regarding the residence at 5126 Drew Avenue North. It was alleged that the residence at 5126 Drew Avenue North was in violation of City Ordinances regarding human habitation of a residence, the harborage of rodents and the storage of debris. In vestigator MONTEEN drew up a search warrant based on the facts and circum stance s resen ted P b and pho to g raphs Y wh' ich were provided . p ided to Investigator MONTEEN by LEE and ALBERTI. Investigator MONTEEN took the search warrant before the Honorable James JOHNSTON on the 24th of August, 1985, and JOHNSTON requested that the Public Health Official, the Building Inspector and the Police Department first attempt to enter the house with the permission of the owner Andrew ALBERTI, Kristin LEE and Paul MONTEEN went to the residence and 0 although all could hear voices and shuffling footsteps consistent with human habitation, no one answered the knocks at the door, although loud knocking, followed by the notification that officers of the Police Department and the Building and Inspections Department were present were given. Subsequently, Judge JOHNSTON did, in fact, sign the search warrant requested and on the morning of 08 at, 9 :30 AM, Investigator MONTEEN, accompanied by Kristin LEE, Andy ALBERTI, Donald SPEHN, Erland SHELLEY, Paul EWALD � and Clayton LARSON, went to 5126 Drew Avenue North and after pounding on the door and telephoning the residence, having seen individuals in the house upon our arrival, Investigator MONTEEN announced that the rear door of the house was to be opened or it would be kicked in. At this point in time, Louise BERGEE opened the door and Investigator MONTEEN served her with a copy of a search warrant for the -. premises. Subsequent, Investigator MONTEEN, as well as the others, entered the resi dence and Investigator MONTEEN and Investigator SPEHN video taped and photo graphed the garage and residence. In the garage, Investigator MONTEEN photographed critters which were identified as mice and, possibly, wood rats or Norwegian rats. There was a number of instances where for these animals and there was numerous signs o feed was left out g f harborage and .gnawing of holes in the building by these animals. Progressing into the house, the kitchen was first photoed by MONTEEN and there were pans of feed and seed out for birds and animals, as well as apparent mouse droppings on the floor. In the livingroom of the residence, the fireplace was full of ,gnawed insula t ion and boxes and the resident, Louise BERGEE, indicated that squirrels had lived in the fireplace approximately a year ago and she had not gotten round to cleaning it up. A bird, presumed to be a starling, was observed behind the television set and photographed, as well as other areas of harborage of rodents and feeding. Signed Date Time BR OOKLYN CENTER POLICE cc INVESTIGATION v ATI ON REPORT i Form 17 Offense RULES & REGULATIONS #9882 y CD Andrew J. ALBERTI Z Complainant Kristin LEE P Address City of Brooklyn Center I PAGE 2: Investigator MONTEEN then photographed the bathroom and closet area of the residence, showing harborage and feeding of rodents and birds,` as well as droppings. The bathroom was photographed and it was noted that the bathtub facility was in a nonworking condition. The drain to the bathtub did not work as it was clogged. Investigator MONTEEN then photographed the attic of the residence which had holes gnawed in the ceiling and walls, as well as numerous signs of harbor- age under piles of newspapers and boxes. The top to an ironing board had been gnawed by rodents. There was numerous signs of rodent droppings and scratching in the ceiling boards consistent with rodents running in the spaces between the ceiling and the roof. MONTEEN then hoto bedrooms p graphed two 2 of the house, again, noting that rodents were present due to the droppings and that feed pans were placed in both bedrooms. In the master bedroom of the house, Investigator MONTEEN believes that he photographed a mouse under the bed. Investigator MONTEEN then moved to the basement of�the house where numerous signs of gnawing were present in the walls and ceiling. In fact, the Built- Rite sheeting on the walls and ceiling appeared to be 75% removed by gnawing. Investigator MONTEEN photographed the basement and in numerous locations in the basement, took photos of mice crawling along the rafters, pipes and ! floor. It should be noted that the basement bathroom was unuseable as the i drain in the shower was clogged and the toilet was clogged and appeared to be in a nonworking condition. Having photographed the house, Investigator MONTEEN left a receipt for hoto ra hs P 9 P and video i ta m ade during the search of he residence and Posted the house as unfit for human habitation. Kristin LEE gave a written order to Mrs. BERGEE advising her that the house was unfit for human habitation and that it should be evacuated within 48 hours. At approximately 1 0 :30 AM, all parties departed from 5126 Drew Avenue North and returned to the Brooklyn Center Police Department where Investigator MONTEEN dictated this report. pis Signed Date Rrooklvn Prta. &Adv Cn ��. �a. of cap Time i ♦,...ter. -�~ !: _. , u , STArTE OF MINNESOTA COURT COUNTYOF t d 4c.__ ri t 1 y nne >,ota STATE OF MINNESOTA ) APPLICATION FOR SEARCH WARRANT AND SS. COUNTY OF SUPPORTING AFFIDAVIT I �'- -��� ='-'�� ) being first duly sworn upon oath, hereby makes ap- plication to this Court for a warrant to search the (premises) (motor'`eB►idW (person) hereinafter described, for the property and things hereinafter described. Affiant knows the contents of this application and supporting affidavit, and the statements herein are true of his own knowledge, save as to such as are herein stated on information and belief, and as to those, he believes them to be true. Affiant has good reason to believe, and does believe, that the following described property and things, to wit: 1. Holes in Dacia. 2. P,ade a:. harticrage, as lndicatea ;v - L �nwa. hole; in f'ie 1 Llrocmd., 1101us in the foundation and soffit. 3. Largz.! LC iM..U1at 'Jt7s of bter:r,. T,E -, C-1 the �- t 7oiind ind r o , ,ind + - 1. TiCi tZt'n Je_ fle rah i� '.,'In <.;t� as Tti@ l,_ �,10 on Ile t1C>^r Of i -�ha � at ic: , Q_ar -age and iaterior of the res i� Aenc-:a r . `1 . : 3lae 1T2`_11C?t _,,n nt Dre.sence O wild :^_•i as nand ::c 11e2ltS iil (are) (1W `b4) _ (at the premises) (iti "fhe mofor veFiiclel (dr tfi6 0df§br0 described as` The re sidancr: , , garage and buil.dincrs located at thy a -id ess: 5126 _)row A s'or t n 13 r c o ! n ., situate in the - �'' of �- -n `- `' ,County of n r'e�� `n ,and State of Minnesota. This affiant applies for issuance of a search warrant upon the following grounds: (Strike inapplicable paragraph) 1. The property above - described was stolen tip`= emfsezileif: 2. The property above - described was used as means of committing a crime. 3. ' The possession of the property above - described constitutes a crime. 4. The property above - described is in the possession of a person with intent to use such property as a means of committing a crime. 5. 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" i..t .LG>1d f. s1 C•: C: i.t =t• -(":L L'.1a4' Jit.,f. t: ;Ci .i. 1C1 F2rr Lfa�. i:, ':;IIL i.e L xic Y3 i1 Gi: i uc: !. L .i;Z Ld P 1a ul'attt 4. U 1 1t. i>. `v a. �•a. I.. .., e r v s it'CtL `.'l it zt rti t i ; • ,,i ra a.! : .i'_V aiL: _ S,li Li v :L U1 u� :Gift T -' r i `. L :: 4 �a �.: . , L f:. +.. i r :,. • .+i L t' e. . <.. Z :; t i t; t i c. Y ..+.:. '., o V ' 'i..'i t r ~ :�. t L ( .•. i i � t a..I. s- e f t �. .a 5 -{.1.. A ... t,: a.: �/ + F. . ,1. v C �- r a .� t✓te ;. t ys. � ..�, `�. ; .. v ' AJ a. r .. ' t J i c .L 1 ': * .1..i. 7 •-. ...L L. i...' .:L qtr . rL �. .t. .s t _iJ .. 1. 4i .Ci J J 4... C•.t .a.a .i.f.i is t..`�(....L,ra.i:C„ LO r: sxt' -« t 'xi iL to tib. C C IL i :_ u4 ` tV Lt• 1 A 'ss t.t! as t.l F .. r WHITE (COURT) CANARY (PROSECUTING ATTORNEY) PINK (PEACE OFFICER) (con: t ,` V _ c. r C...a _ - G - _ i s.. 1. _w s•�ll.C .�. .G :. L:3 JL tic Oar y d ?; Lli 2 C tit.!`: ' t i..t ._m4 L11U Lrci LvC�ro ...;Tit! a +3ti ilC C • t l T atC:� .. v1. _ - 3aC: ...:.t G ..i la iii:lC i i7i, :iLiL .' -yt �::1 Lain Cs ..'.a',. ,. ,..Cr�tJ �!:_ a.a e W • ! ?2 v4t �7 LI Z ; r G:,:E La ii +�..! C 1- 4i.1 j, r a :ai:s a✓i3 �Csi3CCd x. a��i y!'s" ..ttuE' I:a3t ...i:: ivellw�i ;P:Ci GCI+it,{ U� :� :':..e�:iaCC_' ±i._ .'a s..]:a�l .� ` <r.. s +e 1 acI'.L r:7 Ti +_; ACC: SS »L3 1 3t� F_. �CiL�.C::✓ 1) E_`� i ci t C: 1P.GCi 1 ?C3r <tLir: f c3 L: t is CC lii::i iB! C:3 11 v'T /ll _•lzti.:5 i iiU it(t3C�li r' l itC : itl]iIli: S r i i - .:c��z�. .. >c��c. �.ilu �._�:1'L•�r .c�;v �u�i, L:;. �_ � f1_���� Av- s itUr �i• I ' _ .S , _. r ,,..t.lttnur;. i_11 «L .....:I -::.� ',- iE_,L.,, ,:S U�, 3 L::Cr:.. i:.'! 1:t.a ..:iii.i A!?(ghttjtne.earct� „is Rece to: ey, t e loss destruc ion,or�r�moval.ot.he gbjects,Qf;t�earckfbecausei ( ccn t ' rter�ndun e; titrK�s� »eeessa#y.(toEpreven'C the, foss, nr °remourat:of:the_otsjects af:ihe- searctlt (andj: taprcrect ttWSafM:0f the peace-officelst hecausee x WHEREFORE, Affiant request a search warrant be issued, commanding '' 7`` a '!c) nt c'en and o ti !ind(31r his ( ° ..i1 °Ct?.^,n as W "�s r; -•f we l.1 �...� o f _ _ e_ ., c_ '� L t:h.., Fi.:.a i_t.1 ( atpeace: officects , :afthe , Sxateof :Mianes.ota. Otto, enter w.ithoutainnQ .urtcement;of rPQSgI 1_��4_t=)anti dirt the'd�ytirriL'ciily)-'_ %( iii `tkie'deytilYie`�r: tiight.il'nA) to search the hereinbefore described (premises) (motor vehicle) (person) for the described property and things and to seize said property and things and keep said property and things in custody until the same be dealt with according to law. _j Affiant Subscribed and sworn to before me this day of 19_ . Judge of Court WHITE (COURT) CANARY (PROSECUTING ATTORNEY) PINK (PEACE OFFICER) 3a r epresentatives of the Brooklyn Center Health Department and Building Inspections Department, be allowed to enter the residence at 5126 Drew Avenue North for the purpose of assessing the condition of the residence and accompanying out buildings for human habitation pursuant to Brooklyn Center City Ordinances 12- 702, 12 -309 and 12- 311, which indicate the proper repair of roof, soffit and facia, as well as maintaining harborage for rodents and apply to the accumulation of food and debris attractive r cove to rodents. Af Subscribed and sw rn to before me this_day of- _.!'M. 1985. ----_ udge of Court June 26, 1985 Louise Bergee _ 5126 Drew Avenue North Brooklyn Center, MN 55429 Certified Letter #PS92 -778 -816 Dear Mrs. Bergee: Investigation of your property at 5126 Drew Avenue North, Brooklyn Center, Minnesota, by Building Inspector, Andy Alberti and Sanitarian, Kris Lee, on June 25, 1985, showed numerous violations of Brooklyn Center Housing Ordinance. All of these violations must be corrected by August 15, 1985, so that referral to the City Attorney is not necessary: The following is a list of the Housing Code violations that were noted: 1. Holes in facia are to be repaired so that roof is of sound condition (12 -702) roof, soffit, and facia must be maintained in good repair and in sound condition. 2. Ro6ent harborage is prohibited in occupied areas (12 -309) Therefore, remove runways that are currently set up between the ground and the holes in the soffit. 3._`In order to eliminate sources of food for rodents, Section 12 -311 of the Brooklyn Center Housing Ordinance prevents accumulation of food in sites accessible to rodents. As you know, there is currently a very large accumulation of bird feed on the ground throughout your yard. This feed is particularly concentrated under the bird feeders and window sill feeders. In order to limit the accumulation of bird feed on the ground, put bird feed in cake pans that are set down in planter in front yard. Use, at most one large plywood board to set feed on in back yard. Do not leave a.nY'feed outside overnight. You will have to take it intbt.the house at dusk or put out only what can be eaten each day. Louise Bergee 5126 Drew Ave. No. Brooklyn Center, MN 55429 #P592- 778 -816 June 26, 1985 Page 2 Scoop up as much of the feed that has fallen to the ground beneath feeders as possible. Bag this feed and dispose of with the garbage. Do not window sill feeders an Put bird seed into of feed by the birds, desist Putting feed into s thetabove ground feeders in back yard. Again, failure to correct all of the above violations by August 15, 1985, will result in referral to the City Attorney for appropriate action. If you have any questions regarding this matter, please call Kris Lee at 537 -8421 or Andy Alberti at 561- 5440. Sincerely, Kristin A. Lee Public Health Sanitarian Brooklyn Center Health Department Andy Alberti Building Inspector _ - Brooklyn Center Building Department KAL:jt j STATE OF MINNESOTA District 4 COURT COUNTY OF ut'.nn*�in ^ ourtA'� Judicial Distri ci °� OF r <innesota SEARCH WARRANT A. •aul Monteen and officers under his direction, as Well as officers TO: of tte leF-tith anc? 3)lildincr ll�)x' A t lE1=fCI RFS�' E7F =TI CAB `4I S- OF'MINNESOTA. WHEREAS t;. Paul Monteen made application to the said Court applying for issuance of a search warrant. to search the followin describeds this day ( oath, 9 �e'so_� (Premises) tnoxDr_ �ilcle�'�+�p�r 5126 Drew Avenue North w , which is located within the City of Brookl,,7n Center, Hennepin County, Minnesota. for the following described property and things: See - attached 4a. WHEREAS, the application and supporting PPorting affidavit of A. Paul 24enteen (was) f wgrg) duly presented and read by the Court, and being fully advised in the premises,, NOW, THEREFORE, the Court finds that probable cause exists for o the e issu oll anc owing grounds: (Strike. rna licable a of a search warrant upon the PP paragraphs) ra hs 9 P 1 1' fi ecxbx mfx�2Ae�x 2. The property above - described was used as a means of committing a crime. 3. The possession of the property above- described constitutes a crime. 4. The property above- described is in the possession of a person with intent to use such property as a rneans Of committing a crime. 5. The property above-described constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime. The Court further finds that probable cause exists to believe that the above - described property and things (are) (waiSe74at the above - described premises) Il`Fi tir furtfit r fiat'a`r3ic I1`t3 6`r'd6&''`IKIs: 114 sa'f 2ti relTelk�Ili `�f3ss' 'rfes3��ICti I Y. fiit3v Klititkte �iJ��� bR laid: �er31'c74K xx - ( TEid ft �� aylit ° F��tftarct�r:aa��t , Soso. is:ot�ce�sary�2e _�� �FSSt�u�Ci ��xirr�rovakdfF- the�abj�cts- afssidsearch�_ fattd�` Gto: prol�eecttl�safez�afihep .Eacerffii�ersji; NOW, THEREFORE, YOU A. Paul Yi ont3en and officers .ender ' your direct ion THE PEACE OFFICER(S) AFORESAID, ARE HEREBY COMMANDED ' r` (TO ENS "Ef -M7 THOUT;4NNpUNEIC/IENTjQF G DT OR) N�'PClRPOSE1 (IN THE DAYTIME ONLY) (IN OA-- YTtMF�99 IT -ANN SEARCH ..a. ` x `� (THE DESCRIBED PREMISES) (THE-V- -EHICLEJ.(�I`HE` PERSON -'OFD "" " "�` `' T•EOR THE PROPERTY AND THINGS, AND TO SEIZE SAID PROPERTY AND THINGS AND (TO RETAIN THEM IN CUSTODY SUBJECT TO COURT ORDER AND ACCORDING TO LAW) (f)EL -IVER� USTODY.DE= S:AID:PROPER'TY. A1VD`?i'HtNG'S"F _ a ♦ V , , -mot .,v .. - a!'. s�1 � ^,x �J Ti�i 4. j,��,,...T• .P �. t. ,`• ♦,-.� }� BY THE COURT: Dated : _ ..: ;: �„� � 19 JUDGE OF -- COURT WHITE (COURT) ; CANARY (PROSECUTING ATTORNEY) PINK (PEACE OFFICER) GOLDEN ROD(PREMiSES /PERSON) STATE OF MINNESOTA COURT COUNTY OF ,)t 1 V1VCi71 1 l RECEIPT, INVENTORY AND RETURN I issued by the Honorable /1`�rS i ! ry received the attached search warrant N h , on , 18' executed it as follows: �, and have Pursuant to said warrant, on �� FJf l• tf >T 1g?= , at o'clock warrant Vim. I searched the (premises) - (ct�ior v (person ? described in said warrant, and left a true and correct copy of said (with) .(irr► j took into custody property named in said warrant and listed below: (I left a receipt for the property and things listed with the warrant as set forth above.) (NeAe.af -the items- set - forth- irrthe•s'eareh mwmntvvere*mrid-) shall (retain) or (delivefTcustody of said property as directed by Court order. being first duly sworn, upon oath, deposes and says that he has read the foregoing receipt, inventory and return and the matters stated are true and correct, except as to such matters stated therein on information and belief, and as to those, he believes them to be true. Subscribed and sworn to before me this day of-- 1 Notary Public, County, Minn. 77 Signature -­ My commission expire an WHITE (COURT) CANARY P ( R OSECUTING ATTORNEY) CITY OF BROOKLYN CENTER, MN 55430 -2199 Department of Planning and Inspection (612) 561 -5440 HOUSING MAINTENANCE COMPLIANCE ORDER DATE: September 3, 1985 COMPLIANCE DATE: September 6, 1985 T0: Mrs. Louise Bergee 5126 Drew Ave. No. cc: Kris Lee, Sanitarian Brooklyn Center, MN 55429 cc: urt J. Erickson, City Attorney cc:`lousing File LOCATION: 5126 Drew Ave. No. COMPLIANCE OFFICIAL: Andrew J. Alberti The following violations of the Housin Maintenance and Occu anc Or cited during a recent inspection o� above premises. You pare herebyainformed that these violations must be corrected on or before the COMPLIANCE The premises will be reinspected. DATE indicated. Failure to correct or to make satisfactory arrangements to _correct v result in suspension or revocation of a rental dwelling license, ifapplicbliabl e, may and, in any case, may result, in issuance of a citation which, upon convi pli Punishable by fine and /or imprisonment. ction, is Section 12 -1202 of the Ordinance provides for that a Compiiance Order is based upon erroneous �interrpretation of Or alleged The Appeal must be submitted to the Inspection Department, in writin difyin the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash 9' specifying or cashier's check. SECOND NOTICE DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION The following list are items you must correct by September 6, 1985 -.. If these corr are not completed by this date, a resolution will be brought to the City Council for their recommendation for a clean -up order. 1. Remove or exterminate all rodents within the dwelling and garage and exterior yard areas. 12 -308 2. Remove all rodent feces and feed seed shells from within the dwelling and ara e. - 9 9 12 30. 3. Remove all feed seed bags and debris from the garage. 12 -309 - 4. Remove all boxes of clothing infested with rodents and rodent feces. 12 -309 5. Patch and repair all holes in the dwelling siding, doors and trim to prevent rodent entrance. 12 -702 6. Repair bathtub waste line to function properly.. 12 -405 7. Remove basement shower stall containing human waste due to sewer backup. '12 -709 8. All interior walls, floors, ceilings, storage cabinets stairs, stove, refrigerator, P/L F orm ki sink, water closet, lavatory and hathtrih ��,, 4-- L_ _ 7e Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION URGING CONGRESS TO ADOPT S.F. 1570 EXEMPTING STATE AND LOCAL EMPLOYEES FROM THE FEDERAL FAIR LABOR STANDARDS ACT WHEREAS, the Fair Labor Standards Act (FLSA) has been held by the United States Supreme Court to apply to compensation paid by state and local governments to their employees; and WHEREAS, existing compensation and job scheduling arrangements and agreements best serve the public needs of Brooklyn Center, and our elected officials and our employees want to retain that system; and WHEREAS, if S.F. 1570 is not adopted the City will incur overtime costs plus costs involved in changing our record - keeping system to meet FLSA requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center hereby urges its Congressional delegation to support S.F. 1570, which would exempt state and local employees from FLSA overtime requirements, permit the use of compensatory time off in lieu of overtime compensation, and grant an exemption from the FLSA for individuals who volunteer services for state and local governments. BE IT FURTHER RESOLVED that a copy of this resolution p z be forwarded to each member of the Minnesota Congressional delegation and to the League of Minnesota Cities. 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. 56 . S 10,S62 CONGRESSIONAL RECORD - SENATE August 1. of nutrition monitoring. This legisia- sick, the aged, the mentally ill or de- Without this provision. overtins lion i a first attempt to assure that festive who reside at such institution, would have to be paid at arty t;r::;• a; coritlt Elr.iity, while at the same time a school for the mentally or physically after the statutory permitted hour: getting the Information that is so des- handicapped or gifted children, an ele for a workweek or period had bean Perately needed, mentary or secondary school, or an in- reached and compensatory time off or Similar legislation —H.R. 2436 -has stitution of higher education, regard - comp time in lieu of such overtime been introduced in the Clouse by Rep less of whether or not the hospital, in- mould not be permitted. In certain resentative MACKAY. I urge my col- stitution, or school was public or pri- highly stressful occupations ssacL a leagues to support this critical meas- vale. Also, coverage was mandated for police work, firefighting, r er -i ure.* both public P and private railways and health. counsel in r g ,,to name few: t�r :r1 carriers. BY Mr. NICKLES (for himself, off is preferable to .employees 0% r.* The legislation does not rc Mr. WILSON, Mr. THURDSOND, After the Supreme Court upheld the extra pay. - Mr. HATCH, Mr. MA TTINGLY, constitutionality of such extension to quire that compensatory time off b, hospitals, institutions and schools in used or that overtime premium Pay b: Mr. E}ION, Mr. COCHRAN, Mr. LUGAR, . M:•. ZORINSKY, Mr. Maryland v. Wirtz, 392 U.S. 183 (3968),. given; it merely allows the fi INib+lrt •: Congress proceeded to extend FLSA to offer comp time as an alternzti% - SYMMS, Mr. G RA'AlitS. Mr. EVANS. coverage to virtually all State and Mr. MCCLurm, Mr. EAST, Mr. local employees in 1974. A partial ex- Mandating that overtime be co :rperi- MCCONNELL Mr. HECHT, Mr. emption from the overtime, Provisions sated in cash, as Garcia . does ar P e c r -, ARPNOF.. Mr. I3oscHFVITZ, Mr. . significant cost problems in ro: d...` was granted GA RN ' Mr. ll 6 for firefighters who uRENDERr.ER, Mrr under the F LSA are allowed to services needed on a cyclical basis. Fcr hAxAI,T Mr. " U � work Labor Subcommittee my h2 lir c ,rntsoN, Mr. 212 hours in a 28 -day cycle and for example. testimony received i a. ,.. KAS sB� ^ , �+ Sr AU.�S � ' ... •��+ c , Mr. D OLL and Mr, police t officers who are allowed to work i, MENICI): that Los Angeles County has fire e tii c. ?� S. 1570_ A bill to amend the F air 171 hours in the same time period lems about 6 months of each }'ear. before overtime or premium pay is re- During this period, firefighters trust q,a. or wEards Act, of 1938 to ex- quired. This is in comparison to, the elude the employees of States and po work many extra hours and, prior to liticai subdivisions of States from the standard 40 -hour workweek otherwise Garcia, would then take romp time provisions of that act relating to maxi- applicable. during the slack season. Having to pa} mum hours, to clarify the application The congressional extension to State overtime is estimated to cost Los A -e and local governments was short lived, les County an additional $12.5 million of that act to volunteers and for other however. In National League of Cities purposes; to the Committee on Labor o year just for fire protection a July In v and Human Resources. . Usenr, 426 U.S. 833 (1976), the Su- one 18 -day period in Jt.ne and ,1u1;; c;: preme Court ruled that the Commerce FAIR LABOR STAN ACT .AMENDMENTS Clause did not empower Congress to this year, the Los Angeles Count ,' Fire - Mr, NICKLES. Mr. President, today, enforce such requirements against the Department incurred an acidita n I am introducing legislation in re- States "in areas of traditional govern- cost of $56 Gas for overtime n sponse to the Supreme Court's recent mental functions." 426 U.S. at 852. result of Garcia. This legist io:; decision in Garcia versus San Antonio Until February 19, 1985, this re- would restore Los Angeles Count % s Metropolitan Transit Authority which mained the law of the land. Then, in a ability to use comp time. held that the Fair Labor Standards 5 - 4 vote, the Supreme Court changed An extreme example of what can Act IFLSAI is applicable to State and its mind and ruled that in covering happen under the Garcia decision o.r local governments. The total impact of employees of the San Antonio Metro- police work occurred right here it: this decision is still being assessed by politan Transit Authority under the Washington, DC. Two detectives :.erg• various State and local entities but evi- wage and hour provisions of the FLSA, pulled off a homicide investigation b dense presented to a hearing conduct- Congress contravened no affirmative police officials who were conre rn ed by the Labor Subcommittee, on limit on its power under the Com- that the detectives would have to bc• July 25, which I chair, was staggering, merce Clause of the United States paid overtime if they continued to I am convinced that Federal intrusion Constitution. Thus, overnight literally work past the end of their shift. To into the employer - employee relation- State and local governments found add more insult to this, the two detec•- ship at the State and local level is to themselves facing a potential liability tives reassigned to the case also were tally unwarranted. that could reach $3 billion, pulled off when their shifts ended. I I am very pleased that my distin- For my own State of Oklahoma, the would ask unanimous consent that a guished • colleague from - California, Department of Public Safety has in- copy of the July 10, 1935, Washington Senator WILSON has agreed to spon- formed me that including prospective Post article discussing these event; br- sor this legislation with me. His work troopers attending an intensive stress- inserted in the RECORD at the end of and interest, in this area are well type academy will cost the State an my statement along with two ottier ar- known and of great assistance to the additional $68,000 per month in over- tides. One is an article entitled ­O:c�r- Labor Subcommittee. In addition, I am time for an average of 50 cadets be- time Ruling Costly to the Localit ie : ;• ple'ised to be joined by so many- of my cause of FLSA requirements. The city which appeared in the July 15. 1985" colleagues who, recognizing the poten- of Stillwater has reported that the Washington Post; and the other, an tial impact of the Garcia decision on Garcia decision will cost it $624,279 editorial which appeared in the v� aIi their constituents, have agreed to co- this year alone. These are not isolated Street Journal on July 24, 1985. sponsor this bill, instances. Second, the bill would exempt vo �. Briefly, as orginally enacted in 1938, Evidence r,•. presented to the Labor t.eers of State and local governmen *. the FLSA required every employer to Subcommittee on the potential effects from both the wage and hour provi- pay each of its employees engaged in of Garcia has led me to conclude that lions of the FLSA. The most common commerce or in the production of a legislative response is imperative. example used in this area is volunteer goods for commerce the statutory min- Therefore, the bill I am introducing firemen who, under Department of imum wa ge and overtime rate. Initial- Coda w' , Y ill address the three Labor regulations, are e main g r ^st.med to �c P ly. the definition of employer excluded problem areas resulting from this deci. employees if they receive more than both the United States or any State or sion. $2.50 per call as reimbursement for ex- political subdivision of a State. First, the legislation would exempt penes they may have incurred. This exemption for State and local State and local governments from the Although this is a serious problem, it governments first cracked in 1966. overtime but not the wage provisions is even more far reaching. Called into Then, coverage was extended to in- of the FLSA. This restores to State question as a result of the imposition elude an enterprise engaged in the op- and local governments the flexibility of the FLSA on State and local hov- eration of a. hospital, an institution to schedule their employees to serve ernments would be, for example, a ref- primarily engaged in the care of the best the needs of their own areas. eree for the local high school basket- . c ' r r r August 1, 1985 CONGRESSIONAL RECORD — SENATE S 1 S6 overtime ball game or a school crossing guard America in Congress assembled, That sec. The victim of the shooting was idenur:1 Iny time who may receive some nominal fee. tion 13(b) of the Fair Labor Standards Act by police as Duane Lee Taylor, i8, of 589 A hours This local school district could find of 1938 is amended— I Columbia Rd. NW, who was shot once in t!;e '.ad been that time and attendance records are (i) by striking out the period at the end of 'upper right chest and was taken by D.C. ne off or required to assure full compliance clause (29) and inserting in lieu thereof a Fire Department ambulance to the Wash. overtime with all FLSA requirements. In an ex- semicolon and "or "; and ington Hospital Center, where he died a ample presented at the Labor Subcom (2) by adding at the end thereof the fol- short time later. Certain lowing new clause: such as mittee hearing, a county busdriver for "(30) any employee of a public agenc Police said a 16- year -old Northwest Wash- y ington youth, whose name was not released, mental the transportation department who that is a State, a political subdivision of a was arrested about i P.M. yesterday and ew, time desires to volunteer as a driver M a State, or an interstate goverment agency. ". charged with second- degree murder in the •cs over County -run meals -on- wheels program Sec. 2. Section 3(e) of the Fair Labor slaying. not re- for the elderly would be prohibited. Standards Act of 1938 is amended— No officials or investigators in the homi- off be Obviously, there are countless other (1) by striking out 'paragraphs (2) and (3)" In paragraph (1) and by cide unit would speak on the record about Inserting In Pay be examples. The point, however, is clear. lieu thereof "paragraphs (2), (3), and (4) "; the lnrestlgatIon of the incident because of �xibility The Federal Government should not and a standing order that members of the unit ative. be interfering with these individuals (2) by adding at the end thereof the foi- not talk with the press. Details were provid- who, for humanitarian reasons want lowing new paragraph: ed by homicide officials, investigators, a,id :ompen- to offer their Volunteer services at the "( The term 'employee' does not include other police department sources who were mesents State and local level This legislation any individual who Is a volunteer for a familiar with the case. :-oviding would not allow this type of intrusion. public agency that is a State, a political sub- Fulwood said the removal of inrrstigaturs csis. For division of a State, or an interstate govern- was due to a "misinterpretation" of a July 3 Thi at the rd, the bill would have an effec mental agency, even if the individual is pad police memo that attempted to spell cut tive date with respect to workweeks expenses or a nominal fee to perform the new guidelines on when and how police offi- dicated beginning after February 19, 1985, the services for which the individual volun. Fers should be paid overtime. e prob day the Supreme Court decided the teered. ". The new guidelines were necessary. Ful -1 year. Garcia case. Another troubling aspect SEC. 3. The amendments made by the first wood said. because of a recent Supreme s must of the Garcia decision to State and section of this Act shall take effect with re- Court ruling that police officers and fire- ?rior to local governments is the spect to work weeks beginning after Febru- fighters nationwide are covered by the fed - P time potential li - vy 19, 1985. eras Fair Labor Standards Act. t0 pay ability they face while bringing them- — Previously, D.C. police officers who were selves into compliance with the FLSA. D.C. POLICE TARE DETECTIVES Orr SLAYING not covered by the act could work overtime Ange Although the Labor Department will PR OBE TO A VOID OvEmmB: in exchange for an equal amount of leave. million not institute enforcement proceedings (By John Ward Anderson) Under the Supreme Court ruling, however, one. In until later, State and local an officer who works more than 171 hours Tuly of govern- It apparently was one of the shortest merits are still subject to individual Cases that D.C. homicide detectives Tom in a 28-day period has to be paid time- and -a- tY Fire lawsuits not only for backpay but also Arnold and Joe Schwartz had ever worked. ham itional punitive damages which means suc- At 10:30 Monday night they left the office The memo said that "Compensatory time cessful claimants can receive double W at 300 Indiana Ave. N to investigate a earned as a result of late runs, late arrest. 1 the backpay award plus attorney fees. fatal shooting at Harvard Street and Geor- etc., must be documented, Justified and u In light a the fact that State and gia Avenue NW. About an hour later their signed by the watch commander. local roles in the investigation came to a halt According to Fulwood, the purpose of the governments were Complying - when an official in the Criminal Investiga- memo was "not only to control (compensa- a can with the law of the land one day and tions Division ordered them back to D.C. torYl time but to get a handle on the on on the Supreme Court changed it over police headquarters for an unprecedented impact of the Supreme Court ruling, which ire in night, imposition of this type of llabil reason: police officials were concerned that he said could have a "devastating effect on ; were ity seems inappropriate. the detectives, who got off work at 11:30 the budget of the department." Fulwood on by I have had several conversations on p.m., would have to be paid overtime to con- said he thought the memo was "perfectly erned this matter with administration offs- tinue working the case. clear. to be Cials. While they assure me that the Two more investigators, Julia Crosby and "If there was a misunderstanding, it's ,,cd to administation will not sup port Two Viilars, were assigned to the case and been cleared up," he said. A. To pport legisla- worked it through the night. When their — tion in this area unless there is active shift of duty was finished at 7:30 am., they, (From the Washington Post, July 15, 1985) detee- and coordinated support for it by too, were ordered to go home, again because OVERTI RULING COSTLY TO LO CALrrIES were State and local governments, I am con- of overtime. - .led. I fident this bill can meet that test. The When a suspect in the slaying was arrest - (By Lee Hockstader) hat a administration has been invited to tes- ed about noon yesterday, Detective Dwayne A recent Supreme Court ruling forcing :igton tify as the Labor Subcommittee con- Stanton appeared at the D.C. Superior state and local governments to adhere to Court its be tinues its hearing on Garcia on Sep limited nowledge of the case. proceed. federal wage and hour laws will operating d the nd of tember 10, 1985. Further, I ask unani• Ing had to be postponed until today. he million a year to the costs t D.C. government and hundreds o of ,, r ar- mous Consent that a copy Of a letter I While homicide officials and investigators sands of dollars to suburban governments, 7ver- received be printed in the RECORD at reacted with anger and frustration at what area officials say. hies" the end of my statement and after the one termed the "round robin" of detectives That Is only a small portion of what is 1985 previously referred newspaper articles. assigned to the case, police officials —embar now estimated to be the overall $2 billion to an The letter is dated July 22, 1985, and rassed at the way the Investigation was han- $4 billion cost to state and local govern- Wall signed by representatives Of seven dled —said a misinterpretation of a memo on ments from the ruling that forces the gov- work hours caused the confusion. ernments to pay overtime wages to most of States and local organizations asking Gary Hankins, labor committee chairman their workers instead of giving them cam- )lun- for legislative relief. of the Fraternal Order of Police, said the pensatory time off. Lents With the added support Of your e0- community was "shortchanged" in the qual- "It's too much money," complained actor rovi- sponsorship, I am sure this bill can be ity of the Investigation. ney Gilbert J. Ginsburg, a labor lawyer who non a vehicle with the broad - based backing "elny time an investigation is being con is an adviser to many cities, Including Alex Acer from the grassroots of the White ducted, when the evidence is freshest and andria and New York. t of House that is needed to enact a solu- people's memories are freshest is the most The ruling "hits very, very hard and is a O be tion to this serious problem. productive time. The idea of pulling people burden," said Cornelius J. O'Kane, Fairfax off at that time of an investigation is ludi. County's personnel director. Officials there han Mr. President, I ask unanimous con- crous," Hankins said. estimate the court's Feb. 19 ruling will cost ex- sent that the bill be printed in the "We certainly are not going to stop our Fairfax taxpayers $500,000 to $1 million a RECORD. ,lob as police officers because someone is year. n, it There being no objection, the mate. going to eat up (compensatory] time or Most of the added costs will come in over - in alai was ordered to be printed in the overtime," said Assistant Chief of Police time to police and firefighters, who in the ;, j RECORD, as follows: Isaac Milwood Jr., who called the removal past have earned substantial amounts of o S. 1570 of the original detectives "unacceptable." compensatory time off. "It should never have hapened," Ful ref- Be it enacted by the Senate and House of wood said. "They should have stayed on he ruling is states such as Califor , one immedie hr of the .et- Representatives of the United States of scene and finished the case." nia, where thousands of firefighters will be L c . r • j t to J 64 CONGRESSIONAL RECORD -- SENATE E :'Ire ;use callecting time- and -a -half overtime pay for could plant their crops in the spring will be (From the Wall Street Journal, Julx 2 battling the forest fires that were out of unable to continue that practice. control in that region last week. Paying the f9a51 California fir expected to cost efighters overtime wages, In Puerto Rico, implementing the act e, A MESSAGE FROM GARCIA rather than compensating the with time must o£ doily s because off later, will cost $10 million to $20 million, the government must tFtrt paying Lire mini- The week a Senate ucc rriittee t according to James D Mosman the state's mum v a,;e to public employes who have begin hearings on tie 1 )_rr .n of 1. D. an. ad .. director of personnel Mos been rarr.irig Iess. Fair Labor Standards 1. t ±e _ and 1 Cities, which are expected to be hit the Officials also express fears of curtailed governments, a subject that us.ra'ly g hardest when the Labor Department starts work by public safety employes, and cite the the eyes of all but the n.ost c noted enforcing tile y o f layoffs, reduced serv- investigation of a murder was cut short last e court ruling Oct. 15, are rais• case of four D.C. homicide detectives whose year, though, it is not ;:-I: t a ma' : cr c- a n.. Ing the , lion dollars here, a r llicn i sere. Rey_! pc iri- ices or higher taxes. Officials in the Labor week to avoid paying them overtime. The money is at stake. And State and ioca! Department and the White house say they incident occurred Shortly after police offi- cal leaders actually may becoming for . ara have been flooded with calls and letters caals had circulated a memorandum outlin- to say so. from mayors worried about the impact of Ing steps to comply with the ruling. Early this year the Supreme Court, in the ruling oil their budgets. "There's an increasing degree of alarm Garcia decision, extended ti, r rh of 1,c Local governments attacked the ruling about the costs and the disruption, both of FLSA to cover state a.nd local gov en when it was announced, but say they are which will be substantial," said the White activities that were one e: {E- pt. Amon.,: only now beginning to add up the likely House official. other changes, local emplo c s ,•.t ,y costs as their budget and personnel officers Congressional hearings n on he Issue sr ^_ permitted to work overt r:e an ii <• cu°:- t S supply then( a itn more precise estimates, scheduled for July 25, and tierce governors ilcasatory time off later on. 1- %J r "We are just now getting a handle on it, as well as a host of ]real officials are expect- the workers will have to be fc !,ir and it is very difficult," said Donald Wehr- ed to raise the prospect of budget - busting overtime at time -and a half iP - IT a go%- berg, the District's director of labor rela- expenses because of the ruling. ernment trainees, from f efr dons. It is causing a real problem." Groups such as the National Association to youth employment program or era , District officials say the impact of the of Counties and the National Lea also fall under the time- and- a -rialf n le. ruling here will not. be as severe as in some e of The Cities also are increasing pressure on the price tag will var P> caSi ±: other large cities because s "' Washington al- introduce rr <on. B' cities Reagan administration to m.roduce le 'sla- s in tF e gar t! _st read • gr S Pays overtime P Y me to many of its em- lion that would repeal overtime provisions suffer least, since their labor pr etices arc l ioYr. of the Fair Labor Standards Act and effec- already the most expensive and r o =.t fa ; If there are no other pressures then it is tively neutralize the fiscal impact of tine Su able to public employee (mien But ( manageahie." said Betsy Reveal, the preme Court's ruling, these cities wit! pay mare tir.i t t :eir District's budget director. "But it cannot ,e be sawn currently admit. And for [ cou; seen in isolation. In combination with other The White House official acknowledged as a whole, the Garcia decision may pressures it could cause problems." The Des- that the administration is considcrirg back- about $3 billion. trict's annual payroll is about $850 million. irrg such a bill. Congressional aides say the Under guidelines for the Fair Labor measure would be opposed by organized Lest you think this f;gure is a r^ ;t , scare tactic, eat it , do per t c be advised Standards Act, which state and local and would stand little chance of pas• ised t.. ... govern- labor, sage in the Democratc - controlled House of elude the.cost of reneg,)tiating contra__.'. menu now must follow, police must receive i mtnistering the changes or gong to col overtime pay if they work more than 171 Representatives' disputes over retraar+ hours in a 28 -day period. For firefighters, "What happens en the House side de- p' e i,:r - overtime must be paid after 212 hours. pends on how match pressure we can giro the current Reagan ht ' ,t a l e cr n Blue- collar employes in public works as up," said one Senate aide who would like to Proach this decision in added buree t well as clerical and technical employes, see the Garcia decision undone by Congress. local governments. many of whom commonly work overtime 'But politically I Just don't think we can do As the Journal's Joann S. Lublin po_nted hours, would also be covered. Teachers, as it." out to a story Yesterday, c•.en loci; Professional employes, are excluded from Susan Meistnger, deputy under-secretary went workers are not ecstat e .pool the' coverage under the law. for arcia decision. The ruie.re si ^e tin;:• r em Io me 4 employment nt s tandards to the Labor De- ni The Supreme Court ruling came in a case partment, said she believes legislation is and -a -half for overtime viii clte.n mrer• :, known as Garcia v. San Antonio M<etropoli- possible. "There's a growing concern about overtone at all, and hence ic: ;s tots, v a r , - tan Transit Authority on the question of the impact" she said, "What happen , de- than in the bad old days. Senior cot en whether overtime provisions in the act pends on how hard state and local govern who now do goverm rent lobs at re ?atati e•ly apply to municipal workers ments push," low wages in order to stay below the :r Sc :,... Joseph Garcia, a bus driver In San Anto- In a speech to the American Bar Associa• Security ceilings may well f the i bs _ eliminated. Paramedics who work in terra nio, had brought suit against the city, chal- tion fast week, Attorney lenging its practice of paying ,tim - orn y General Edwin and volunteer titers after-hours serer. F =. p e y an - , m g d a- Meese III blasted half overtime acted the court for the Garcia e only when bus drivers worked ruling, declaring that it "undermines the their rural home or T o wrii ^or b= able to do so anymore. Though the pub on their days off or on holidays. For all stabilit lic other over hours worked, bus drivet•s Y" of state and local governments. employee unions have an ursritut .nai were paid time e e normal hourly rate. The To comply with the ruling, Los Angeles est in uniform national labor ward, W ere a it t ti o exempt from the act; will have to pay $100 million a year: San labor organizations are uivided on th:f, Francis Garcia, backed by labor unions, said it co. 550 million, and New York, 040 Until very recent.' lo. al million, according to Cynthia Y. €� e m roc, should not. M. Polk, coon- sel to the National League of Cities. were urging the Reagan €.dri: r tra io a The 5-to•4 high court ruling has diverse press for corrective legisiation but sc -reiro!+ Impiica tons. For example: Many municipalities axe in the process of not yelling quite loud enough fur tLrir Rau nic r a "ties will no longer be able to determining how many of their workers are voices to reach the general m :a or tiro accept volunteer or subminimurn wage sere- covered by the federal guidelines and how Detnocrats in the House of Repre entat :.c-. ices from their employes. Crossing guards— many are not. Some personnel officials ac- With state and local support slow :n - oming, frequently senior citiufns working for little knowledge privately that in borderline eases the administration fared its own leer r or no pay —will have to be paid at least a where there is room for discretion, govern- Should It step forward and take t} ° ti *ice -: minimum wage, for instance. This provision meats may tend to classify workers as heat alone, or should it let the c •: t Is expected to hurt small toasts, which fro- exempt from the law, and therefore ineligi- and start to entrench then. stares unul ^ tile quently depend on volunteer workers to a ble for premium pay, localities , at o the $ 7r. degree. g gu i loon to join. cinar- large do g State and local government officials also ously in the debate? Municipalities may have to pay substan- are afraid of the effects of a provision in tine In the past few days there have been s,p ;ns teal Sums of overtime wages to police re- federal law that allows employes b sin to g i rst public indication o cruits in acsdem;es who devote long hours Private lawsuits to recover back overtime f more action. The o f how fh gill h e c us the to their training. '•We've heard of an in- Pay. (ions have come out. If s t Because the court's ruling was effective f all the s4le e stance where trainees are paid at a higher April 15, any municipal worker who wants g r r o n rate than emerges from the hearing room, do act Police captains," said a White � collect overtime since that date will be assume that the Garcia problem is tri cal: House official. The official who asked not to able to do so, along with a penalty doubling what you hear will simply be local i ad. rs ? be identified, said the likely effect in that the overtime payment. whose ties to an old ideologv make them instance would be a cutback in training time Ironically, although labor union officials afraid to acknowledge the depth c f the t oil - Yar police officers. initially were elated by the Supreme Court ble. And if you he a bit of heaii ca r.t. Public employes in some moral furisdic- decision in February, some are now ac- you will know that economic real ties are a: lions who 'saved compensatory time by knowledging that their members are unhap- last forcing some necessary recons,derat ions x working long hours in the winter so they py about losing compensatory time off. in American urban politics- . r. 1. r • s w X August 1, 1985 CONGRESSIONAI. RECORD - SENATE S 1 0865 JULY 22. 1985. agreements. In our view', it is essential that by local tax reduction efforts anti ry Senator Dory N ICKLES. Congress establish a moratorium on the ap• dated Federal assist, tic to ditE•itltl =� Chairm Senate Labor Subcommittee. SFI plication of the FLE oy A to states and local- creative employment strntc f,OS. Hurl Schalc QfTcc Grrikliarl. tt'aslr- hies that will ensure an orderly and harmo- ies, such MAW nil] tt+ innton, DC nious transition period. as comp time and flexible sr, hedttluli , 7 of t };,. DEAR SENATOR NtcxLES: We are writing to The proposed changesIn the FLSA. which to provide needed community seat _•cs A'ld Kxgl seek your support for leg islation t0 [rlltlgrrte are necessary t0 prevent undu fede in a,1 g' within the con xaints of exttE ncl} & uEr the impact of the Supreme Court's Febru- terference with the operation of state and tight budgets. ary 19. 1985 decision in Garcia v. San Anto local g overnment, must be approved by Con - ar f a rail g The State and local governments of nio Metropolitan Transit Authority on state gress as soon as possible, preferably before this Nation need this legisi itive r+ lit•f and. local government. In that decision, the DOL enforcement activities begin on Oct.o- #'+ sl p-ltt Supreme Court overruled its 1976 rational ber 15. Furthermore because expedited con- immediately. A Joint Economic Con' 1. fur'` -ard Leaaut of Cities c. Ustry decision that the mittee hearing. I chaired on t he impact ' gressional action is essential, we urge your Tenth Amendment was a bar to application support for narrowly crafted legislation of the Garcia decision prol'ided evi- v.,K, -nthi• of the Fair Labor Standards Act (FL-9A) to dent and local employees engaged in tradi- e that the FLSA's overtime re- �?' c,t the state which includes only provisions relating to • xrrraent state the application of tale FL.,A to states and quirements will cost States and mtutic governmental functions, effectively localities, ipai governments across the Nation 4 0r:^t Ar-lo-w extending the wage and hours provisions of Sincerely, billions of dollars. California alone, it eJl not he the FLSA to states and totalities. Alan Beals. Executive Director. National has been estimated, will have to spond ) hake corn We believe that• in at least three areas. League of Cities: Matthew B. Coffey. - '22 cod• on amendments to the FLSA are necessary to at least $300 million in order to xecutive Director. National A.ssocia P �>&,f "L their accommodate the unique problems of state comply with tile PLSA's rigid re•ouirr ?v► G.; 1; . avid local government. tion of Counties: John J. Gunther,Ex- merits. These governmental cntitivs r; n•cnuts First. individuals who provide senfee to ecutive Director, U.S. Conference of acetrts, will state and local government on a volunteer mayors: William Hansel], Jr., Esecu. will not receive any extra sert'tces for rule. hasis should not be subject to the wage rind Live Director. International City Man- these tremendously increased costs. agernent Association; F.arl S- Mackey. I.want to commend Senator NICKLFS 4 4cility and hours provisions of the FISH. Of particular Executive Director, National Confer - 44.'iast lc•ill concern to states and localities are the pro- for his leadership in holding he arings visions of the Department of Labor's (DOL) ence of State Legislatures: Carl W. before the Subcommittee on Labor. Iit• xtltes are Stenberg• Executive Director. Council v_•ost favor- regulations which establish the presume- of State Governments: Barton D. Rus• too has taken testimony from local I But even cirri that volunteer firefighters are employ - sell. Executive Director. National As- government officials who stated that eIrspoke• ees when they receive more than $2.50 the Garcia decision creates a financial per call as reimbursement for incidental ex- sociatton of Towns and President, administrative nightmare for ]oral hips. e country Mr. WILSON. Mr. President, I rise u may cost Of As a result of this regulation, many governments. of the estimated one million volunteer fire- today in support of legislation that is fighters in the nation will be entitled to re- being introduced to mitigate the I am extremely pleased that a posi l rl;h - wing ceive the minimum wage and overtime tion was solidified on this issue here Ill not fn. tom severe financial and administrative pensation for volunteer activities. This regu- impact that the U.S. Supreme Court's the Senate. Local government groups nation will have a devastating impact on the. as the U.S. Conference of many state and local jurisdictions will recent decision. Garcia versus San An- Mayors, the National League of Cit rs, rely on volunteer firefighters. tonio Metropolitan Transit Authority. Second, the overtime provisions of he National Association of Counties e is causing on the State and local gov - tt:rden to FLSA should not apply to state and local ernments of this Nation. I am pleased and others wholeheartedly support employees. Under Section 7 of the FLSA, to join with my distinguished col- this legisiat.ion. I have heard from tit pointed regu lar employees are entitled to compensa- leagtle from Oklahoma, Senator Nicx- many State and local gov ernment em- - leOVern- tion on a time and a half basis for hours ployees from my State and others that g and to introduce a bill to release State support this legislation because it - the worked is a week in excess Ot 4U. Similarly, 19 time. overtime pay must be paid to firefighters and local governments from the undue mean no for hours worked in excess of 212 in a28 burdens of the maximum hours provi_ offers them the flexibility to negotiate :al wages day period and to police officers for hours sions of the Fair Labor Standards Act for compensatory time off in lieu of citizens worked in excess of 171 in a 28 day period. [FLSAI. overtime ply, a practice prohibited by ('natively These provisions meal) that numerous cm- On July 15. I introduced legislation, the FLEA. The administration is sup- Social ployment practices of state and local gov- S. 1434: to relieve State and local gov- portive of the effort to mitigate the the jobs ernment, many of which have been incorpo ernments and their employees from harsh effect of the Garcia decision. in token rated into collective bargaining agreements the inflexible maximum hours of the Mr. President, State and local gov 'vices in at the request of employees and are long- ernment. employees should have the ] not be standing practices, must be ende FLSA. I am pleased that this legisla :e public For example, duty cycles for firefighters tion has already bee21 cosponsored by flexibility that is prohibited under tla ';al Inter- of 24 hours on duty and 48 off duty, the 20 of my colleagues. I am hopeful that FLSA, citizens who choose to volun- lndards, most common duty cycle in the nation, can my colleagues who have joined me in teer their time should have the option rsissue. no longer be utilized unless the governing the effort to return fiscal stability and of doing so, an finally our State and mments body is willing to pay overtime compensa- autonomy to the State and local gov- local governments need the autonomy - 'ion t Lion. Similarly. the practice of using cam- ernments, will support the Nickles- to deal with their special labor situa- "nellow pensatory time off in lieu of Overtime com- Wilson legislation. Lions — pragmatism .requires It and the r their pensation is generally not permissible under, Constitution ntantl.tics it. The Nickles s teti or the the overtime provisions of the FLSA. Under The Nickles - Wilson bill incorporates the ••comp•• time concept, both public safety rite provisions of S. 1434 and enhancs Wilson bill will achieve these objec- cmfng, n and regular employers are allowed to Rccu• its impact by allowing Volunteers t0 tions. :emrra: mulate compensatory time for later use as Continue to provide services to State Mr. MATTINGLY. Mr. President. I , ;anal time off. This practice is advantageous to and Icoal governments. To date, State am pleased to be an original cosponsor ;,n up Beth the governmental entity which is pro- laws and collective bargaining rights of this important legislation, whiell tit the vided with scheduling flexibility, and tite have been adequate to ensure that will release State and local govern - , Igor_ eulployee, who is able to take longer vaca- State and local government employees ments from the burdens of the Sri- . Lions. signs Third, a prospective effective date for the and volunteers are treated fairly. preme Court's recent decision in is tile of the FLSA to states and local - Had the Supreme Court been recti- Garcia versus San Antonio Metropoli- 1cula- ities should be established. On June 14. fying employment abuses by State and tan Transit Authority, Ience DOL announced plans to begin enforcement local governments. I would have intro- The Garcia case held that the Fair not actions against states and localities and to duced S. 1434 or joined with the Sena - Labor Standards Act [FLSAI is appy- _, vial; impose liability on states and localities vet- for from Oklahoma in introducing this cable to State and local governments. fd foreemnt roactice to April 15. This retroactive en- legislation. However, nowhere in the The result of this decision is that h e policy will compound the prob- Court's lengthy opinion is there one State and local governments will no lems caused by application of PISA to states and localities. The FLSA regulations citation of an employment injustice longer have the flexibility to set tip re rig, establish countless flew regulatory require• committed by a State or local govern- their employees' work _schedules with 'on merits for states and localities, many of ment. That is because these local gov- out Federal interference. which are being imposed in the middle of ernmental employers are not running Since the time of this decision, I budget cycles and collective bargaining sweat. shops. Rather, they are forced have received letters from numerous 6 S 10866 CONGRESSIONAL RECORD — SENATE August 1. 1,985 local government officials from all U.S. businesses. The resulting trade the previous four quarters. In other over my State of Georgia. They have deficit threatens both our long -term words, the dollar must have a 1 -Sear expressed deep concern about the economic health, and, ultimately, our continuously uncompetitive track effect ect of this ruling _ national security. g on critical govern- As our economic records on the foreign Y e exchange than mar- ment services. From g g e m small. counties to house starts to burn, the administra- kets. large cities, the negative impact t could p tion seems to .. . be mesmerized e by an Two, the value of the dollar me:�- be devastating. Though it is impossible academic debate on whether or not ured against the other major trading to measure exactly what the financial water will put out a fire. Some con- currencies must be 15 percent above effect of this decision will be around gressional proposals only add to the the level required for full U.S. com- our Nation, it is estimated it could be problem by confusing the problem of petitiveness abroad. That is, the value in the billions of dollars, trade deficits and trade barriers. of the dollar must be at least 15 per- t By making the provisions of the We must start thinking strategically cent above the level needed for a bal FLSA applicable to State and local about the problems of trade barriers anced current account. In any quarter governments, many communities are and trade deficits plaguing the world that both conditions are met, the Fed- forced to either shift resources from economy of the eighties. Only a clear eral Reserve will purchase at least $3 essential safety programs to comply economic strategy will provide the billion of foreign currencies for the with this mandate or reduce the man- long -term stability we need to prosper, strategic capital reserve. The purchase Power needed to provide these serv- and that requires that we go to the must not exceed the value of the cur - ices. I seriously question the sensibili- source of our economic problem. rent account deficit for the previous ty of any decision which so negatively An article on the front page of Tues- fiscal quarter. Under our current trade` Impacts the services of communities day's Wall Street Journal addressed deficit; Treasury would have to estab- throughout America. In these times of what I believe is the source of the lish a reserve of at least $12 billion congressional actions to reduce the problem of the trade deficit. The arti- and a maximum of $100 billion over deficit, it is time to get the Federal cle reveals that $150 billion worth of the next year. Government off the backs of local currencies are traded worldwide each , Second the Strategic Capital Re- serve communities. It is time to minimize day. Furthermore, the net long -term ,A amends the charter of the Reserve s al the Federal mandates and regulations capital flow from Japan to the rest of Federal R require the Feder with which cities must comply, not In- the world was $55 billion for the year Reserve a exclude the purchase al of crease them. that ended March 31. During the same foreign currencies for the strategic I believe this legislation addresses time, net long -term capital inflows to the problem in a comprehensive and the United States exceeded $100 bil- capital reserve when it sets monetary constructive manner. This bill, which lion a year. These financial tidal waves policy. Currently, when any central will take effect concerning work weeks washing back and forth across the At- bank— including the U.S. Treasury— _ beginning after February 19, 1985, will lantie and Pacific trade communities sells dollars, the Federal Reserve con- exempt State and local governments play havoc with daily investment deci- siders itself forced to sell enough U.S. from the overtime provisions of the sions. treasury bills to offset the additional overnight, dollars made available to worldwide They wipe out corporate gains ' FLSA. These employees will be given overnight, and they destroy the tom- reserve it dup on the strength en . consumers. For the buildup the opportunity to again enjoy com- petitiveness of American businesses. strategic capital resehn pensatory time off as a result of their We carinot even establish the real the competitiveness r the dollar. hard work. However, State and local impact of unfair trade barriers until necessary for the Federal Reserve it t s governments will not be exempted we stabilize the dollar. from the minimum wages provisions of Congress must take action to make avoid counteracting the impact of stra- the FLSA, the child labor provisions, American companies more competitive tegic capital reserve foreign currency or the Equal Pay Act. in world markets. Today I am intro- purchases and dollar sales. Senior citizens, who now work in ducing the Strategic Capital Reserve The third provision of the bill di- government jobs for relatively lower Act of 1985. This bill will direct the rects the President to work with our wages to stay below Social Security Federal Reserve and the U.S. Treasury 10 major trading partners to establish ceilings, may possibly find they no to build up a strategic capital reserve an international financial commission. _ longer have these Jobs. Yet the re. of foreign currencies for the purpose The commission would be asked to sponsibilities they fulfill, such as bus- of stabilizing currency markets and si- report within i year on how to stabi- drivers and school - crossing guards, multaneously building up the competi- laze the world financial system to mini - still exist. Also exempted will be vol- tiveness of the dollar. The bill im- mize financial shocks to our econoriy. unteer firefighters, who perform such Proves the competitiveness of the The commission would include repre- a vital public service to their commu- dollar —and the competitiveness of sentatives of the 11 major financial nities. U.S. businesses in trade - sensitive in- world powers. One matter the commis- Mr. President, the effect of the dustries —by building a strategic re- sion should investigate is the availabil- Garcia decision will be to place a serve of foreign currencies to counter - ity of short -term as well as long -term costly and unnecessary burden on act financial flows that promote other securities issued by foreign govern - local governments, their employees, countries' exports. Once the strategic ments to residents of each major trad- and the taxpayers. I urge my col- capital reserve is in place, its very ex- ing country. The commission will con - leagues to Join in the passage of this istence will stabilize international cur- tinue consideration of measures to im- muc h- needed legislation. rency markets by giving the U.S. Gov- prove international macroeconomic co- "° ernment a tool for cushioning sharp ordination started at the Williamsburg By Mr. BRADLEY: movements in exchange rates in either summit in 1983. S. 1571. A bill to stabilize interna- direction. Fourth, the bill directs the Chair tional currency markets in support of First, the Strategic Capital Reserve man of the Federal Reserve and the fair global competition; to the Com- Act will establish a set of procedures Secretary of the Treasury to report mittee on Banking, Housing, and by which the Federal Reserve, in con- annually to Congress on strategic cap - Urban Affairs. suitatfon with the U.S. Treasury, will ital reserve operations, as well as to STRATEGIC CAPITAL RESERVE A CT build up the strategic capital reserve, consult with the central banks of Ger A Mr. BRADLEY. Mr. President, the It, directs the Federal Reserve to pur- many, Japan, Britain, and France to volatility of the international currency chase foreign currency in any fiscal ensure maximum cooperation in stabi- market makes it impossible for U.S. quarter that two conditions are met. lizing trade conditions. employers to offer secure Job opportu- One, the amount by which U.S. im- We have a serious Problem in for nities in most of our trade- sensitive in. ports of goods and services exceed U.S. eign trade. The size of our trade defi dustries. In addition the lack of com- exports of goods and services must tits threaten the Stability of our econ- Petitiveness of the dollar is eroding have been running at a yearly rate omy. It has become a matter of nation- the selling strength of thousands of greater than 1 percent of GNP for al security. But as with other areas of w MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 29, 1985 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:31 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Mike Nelson and Wallace r Bernards. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairman Lucht noted that Commissioners Lowell Ainas and Carl Sandstrom had called to say that they would be unable to attend and that Commissioner Nancy Manson had called to say that she would be late if she could attend at all. APPROVAL OF MINUTES - August 15, 1985 Nation by Commissioner Nelson seconded by Commissioner Falecki to approve the minutes of the August 15, 1985 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson and Bernards. Voting against: none. The motion passed. ORDINANCE AMENDMENTS a. Churches as a Special Use in the R5 Zoning District The Secretary reviewed with the Planning Commission the status of an ordinance amendment to allow churches as a special use in the R5 zoning district. He explained that the City Council had voted not to approve a rezoning of the parcel at the southwest corner of I -94 and Brooklyn Boulevard to C1, but rather to amend the as a special use in R zoning Zoning Ordinance to allow churches 5 � district so that the Church on the Move could locate on that parcel, which is zoned R5. The Secretary explained that the City Council had voted 3 to 1 in favor of the ordinance amendment at their last Council meeting on August 26, 1985, but that the City Attorney had - advised the Council that a 4 to 1 vote was required to set a public hearing for the ordinance amendment. He stated that one Council member requested that the ordinance amendment be referred back to the Planning Commission for further consideration. The Secretary then reviewed a memo he had written to the City Manager outlining various options and possibilities for the parcel at the southwest corner of I - and Brooklyn Boulevard. He noted that, under the R5 zoning, multiple - family housing is a possibility since it would be a permitted use. The Secretary stated that the City Council had expressed some concern regarding service uses which would be allowed in the C1 zoning district. He noted further the concerns regarding access and traffic which make the parcel difficult to develop for any use The Secretary stated that staff prefer that any development of the property have minimal impact on the traffic flow in Brooklyn Boulevard. . The Secretary continued to review the options set forth in the memo including 8 -29 -85 -1- rezoning the property to C1, to R3, or even to R1 or R2 and allowing churches by a special use permit under any of these zoning districts. He noted that making a church a special use in the R5 zoning district would also allow the church to be built on the property, but would leave open the possibility for higher density housing which was not recommended by the Comprehensive Plan. The Secretary noted that a rezoning to R3 would be consistent with the Comprehensive Plan, but was not pursued originally because religious uses are not permitted as a special use in the R3 zoning district. He explained that churches are already permitted in a C1 zoning district and that that was why the C1 zoning was suggested by the 'staff and pursued by the applicant as the appropriate rezoning request. The Secretary concluded by saying that the ordinance amendment to allow churches by special use in the R5 zoning district was, therefore, before the Planning Commission for comment. Commissioner Nelson asked what problem the Council was concerned about with respect r to service uses. He asked whether traffic was their main concern. The Secretary stated that he did not see service uses as a real problem for that property though they would probably not be appropriate on a parcel of that size. Commissioner Nelson suggested that rezoning the property to R3 would solve the problem of concern regarding service uses since service uses are not really allowed in the R3 district. The Secretary agreed. Commissioner Bernards stated that he felt the property was not really attractive for service uses anyway and stated that he felt the fears of the Council regarding service uses were unfounded. He expressed concern regarding the possibility of litigation if Option d of the Secretary's memo were pursued, namely to amend the ordinance to allow churches as a special use permit and then rezone the property to R3 later if the church did not go forward. The Secretary acknowledged this, but stated that he did not feel it would be appropriate to start another rezoning process at this time. Commissioner Bernards asked whether Foundation Stone Ministries is patient enough to wait for the City to allow a church in that location. The Secretary answered in the affirmative, but added that the church wanted to start building this fall. Chairman Lucht stated that he could not understand the reasoning for preferring the R5 zoning over a C1 zoning for the property. The Secretary pointed out that one of the concerns was that the four lots to the south of the proposed church site are zoned R5 and would continue to be so zoned after the church was built. He stated that there may be difficulties in redeveloping these lots, though staff had developed a conceptual layout that showed the property could be reasonably developed for an office use. The Secretary also noted the problems with a restrictive covenant that covers the lots to the south and could prevent these lots from being used in a commercial manner. Chairman Lucht stated that he still preferred the C1 zoning for the property. Commissioner Bernards agreed. Commissioner Mialecki stated that she could not reconcile the R5 zoning of the property with the Comprehensive Plan. Commissioner Nelson stated that an R3 zoning of the property with churches as a special use would probably be a good compromise. There followed a brief discussion regarding procedures and the problems of commencing a rezoning to R3. There was also a discussion of traffic problems related to the site and the advantages and disadvantages of an office use of the property. The Secretary noted that an R3 or an R5 zoning of the property offered the City more control since office uses would be a special use and their traffic impact could be better controlled. He added, however, that access to the site would always be limited to Brooklyn Boulevard and that there would always be traffic problems with any use of the property. 8 -29 -55 -2- ACTION REC0FFENDING THAT THE CITY COUNCIL RECONSIDER C1 ZONING Motion by Commissioner Nelson seconded by Commissioner Bernards to recommend to the City Council that it reconsider zoning the parcel of land at the southwest corner of I -94 and Brookyn Boulevard to Cl and allowing churches as a special use, but alternately that an R3 zoning of the property could be considered as well since both zoning designations are consistent 'with the Comprehensive Plan. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson and Bernards. Voting against none. The motion passed. b. Convenience Restaurants in Major Shopping Centers The Secretary then briefly reviewed a draft ordinance to make convenience food restaurants a permitted use within shopping centers over 250,000 sq. ft. of gross floor area. He noted the history of the special use permit approving Arby's in Brookdale. The Planner pointed out that the draft ordinance would not allow f convenience food restaurants which are drive -ups or are located in the parking lot of a major shopping center to be considered a permitted use. He noted that only convenience food restaurants located within the principal structure would be permitted uses. _ ACT FOOD IN RE N IN REGARDING CONVENIENCE 0 COMMIE D G APPROVAL OF ORDINANCE AN�NDN�NT REGARDI RESTAURANTS IN MAJOR SHOPPING CENTERS Motion by Commissioner Malecki seconded by Commissioner Nelson to recommend approval of an amendment to the Zoning Ordinance to allow convenience food restaurants to be considered a permitted use when located within a shopping center with over 250,000 sq. ft. of gross floor area. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson and Bernards. Voting against none. The motion passed. DISCUSSION ITEMS a. Retail Parking Formula The Planner then reviewed with the Planning Commission a report from the Urban Land Institute on parking at retail shopping centers He noted that the report recommends that the number of parking spaces per 1,000 sq. ft. of gross leaseable area increase as a center gets larger, whereas the City's existing ordinance allows the parking requirement to decrease as the center gets larger. The Planner explained that gross leaseable area was less than gross f loor area and that this meant that the difference between the City's ordinance formula and that recommended by the ULI report was even greater. The Planner noted that there is noticeable excess parking in virtually every retail center in the City other than Brookdale at Christmas time. He stated that, if the City were to amend its ordinance to be more in line with the ULI report, the smaller centers would have some excess parking, but that Brookdale would not. The Planner also noted that the report addressed credits toward office use of retail space, theater use and restaurant use. He pointed out that the City's existing ordinance does allow a credit for restaurant uses within retail centers. He stated that he would bring back more information on the existing conditions in the City with respect to parking at retail centers and encouraged the Commission in the coming months to observe the extent to which excess parking exists during the Christmas holiday shopping season. There followed a discussion regarding what a change in the formula would do to existing retail establishments and how they would affect redevelopment of property. 8 -29 -85 -3- M The Planner acknowledged that owners of existing retail establishments would probably wonder why the change had not been made years before, but that at least the change would be a benefit to them. He also stated that the change would facilitate a more intense use of property when it is redeveloped which would make tax increment financing more feasible. The Secretary pointed out that ordinance formulas are only averages and that some establishments will exceed the requirements and others will have parking left over. He suggested that the Commission continue to consider the matter and that perhaps a formal ordinance amendment could be presented at some time in the future if the Commision were satisfied that the present ordinance was too restrictive. b. Earle _Brown Farm Developments The Secretary then referred the Planning Commission's attention to a draft planned unit development (P.U.D.) ordinance which had been prepared by the City Attorney's office and offered it for Planning Commission consideration. He explained that the City has not finally closed on the Farm property, but that that should take place very soon. The Secretary went on to say that he was not sure whether the staff would propose rezoning part of the land south of the Farm to R7' immediately.- He stated that the City's bond consultants have advised that the City sell bonds before January 1, 1986 or the City may lose the tax exempt status for the tax increment bonds. The Secretary stated that it has been the desire of the staff to take an appropriate amount of time in planning a redevelopment of the Farm, but that the financing options are pushing the City to make certain commitments before the first of the year. He stated that an office development may be proposed by Ryan Construction Company in the near future for the parcel of land immediately east of Earle Brown Drive and west of the Farm complex. Meanwhile, he commented, the residential aspect of the development program is more tentative at this time. He stated that the planned unit development ordinance would not only be used to regulate development in the Farm area, but in other redevelopment areas as well. He added that the draft P.U.D. ordinance would be a matter of further staff and Commission review and discussion over the next few months. c. Year 2000 Committee Report The Secretary finally referred the Commission to the Year 2000 Committee Report distributed with the Planning Commission Agenda. He noted the basic portions of the report, especially a matrix on trends and issues facing the City in the coming years. He explained that the Year 2000 Committee had not been formed to solve - problems, only to identify them and set a tentative agenda for addressing them. He noted that the report also discusses the role of the Advisory Commissions and of institutionalizing the long range planning perspective. Chairman Lucht'stated that if the assessments made in the Year 2000 Report are correct, the Council and the various advisory commissions would see the document much more as time goes on since it will address problems that need to be addressed in the future. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:03 P.m. Chairman 8 -29 -85 -4- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 7th day of October 1985 at p.m. at the City Hall 6301 Shingle Creek Parkway to consider an amendment to the Zoning Ordinance making chapels, churches, synagogues and temples a special use in the R5 zoning district. 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 N0. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW CHAPELS, CHURCHES, SYNAGOGUES AND TEMPLES AS A SPECIAL U IN THE R5 ZONING DIS 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 by the addition of the following: Se ction 35 -314 R5 MULTIPLE FAMILY RESIDENCE DISTRICT 3. Sp ecial Uses c. C hapel s, churc synagog and templ pro pri vehicula access s hall be gained t th uses b a collec or arterial stre . 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 Effective Date (Underline indicates new matter, brackets indicate matter tp be deleted). CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day • of 1985 at p.m. at the City Hall 6301 Shingle Creek Parkway to consider an amendment to the Zoning Ordinance to allow convenience food restaurants as a permitted use in shopping centers over 250,000 sq. ft. in floor area. 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 35 OF THE CITY ORDINANCES TO ALLOW CONVENIENCE FOOD RESTAURANTS AS A PERMITTED USE IN SHOPPING CENTERS OVER 250,000 SQ. FT. IN FLOOR AREA THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances is hereby amended by the addition of the following: Se ction 35 -322. C2 COMMERCE DISTRICT. 3. Special Uses c. Drive -in eating establishments and convenience food restaurants provided they do not abut an Rl, R2, or R3 district including abutment at a street line. (However, convenience food restau- rants without drive -up facilities and located within the principal structure of a shopping center of ov 250,000 s q. ft. of gross floor area shall be considered a permitted use.) Section 2. This ordinance shall be come effective after adoption and upon thirty (30) days following its legal publication, _ Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY MANAGERS 1986 PROPOSED BUDGET RECAP A TOTAL BUDGET 1986 PROPOSED - - - -- X7.870.385 1985 ADOPTED - - - - -- $7. 507, 979 INCREASE ---- - - - - -- $ 962,406 PERCENTAGE INCREASE - - -- 4.83% NET OPERATING B13DGET (EXCLUOES CAPITAL OUTLAY B DEBT RETIREMENT) 1986 PROPOSED - - -- $7, 049, 920 1985 ADOPTED - - - -- $6, 516, 615 INCREASE --- - - - - -- $ .533p 305 PERCENTAGE INCREASE - -- -8.18% PROPOSED CAPITAL OUTLAY 1986 PROPOSED - - - -- $449.044 1985 ADOPTED - - - - -- X620,563 DECREASE ---- - - - - -- $171.519 PERCENTAGE DECREASE - 27.64% ESTIMATED REVENUES PROPERTY TAXES -------------------- $2,769,096 BUSINESS LICENSES & PERMIT -- - - - --- $ 169,165 NON - BUSINESS LICENSES & PERMITS -- -- $ 99,200 INTERGOVERNMENTAL REVENUES -------- $3,233,694 GOVERNMENT CHARGES FOR SERVICES - $ 139.330 PUBLIC SAFETY CHARGES FOR SERVICES $ 2,000 RECREATION FEES ------------- - - - - -- $ 581.900 FINES AND FORFEITS ---------- - - - - -- $ 175.000 MISCELLANEOUS REVENUE -------- ----- $ 501,000 FUND BALANCE --------------- - - - - -- $ 200,000 TOTAL ----------------------------- $7.870.385 MAJOR C OUTLAY *MUNICIPAL BLDGS REMODEL $ 16,097 *SPECIAL ASSESSMENTS $ 38,3OO *BUILDING MAINT EQUIPMENT $ 8.467 *MICO COMPUTERS $ 19,170 *LOGIS COMM UPGRADE $ 6,_570 *LOGIS ULTIMAP PROGRAM $ 30,000 *LOGIS FIRE DEPT SYSTEM $ 8,500 *POLICE CARS (4) $ 44, O00 *FIRE FIGHTING EQUIPMENT $ 26,690 -FIRE DEPT CARRY -ALL WAGON $ 21 *VACUUM STREET SWEEPER $ 90,000 *STREET DEPT TRUCK $ 22,600 *COMMUNITY CENTER REMODEL $ 9,565 *PARKS IMPROVEMENTS $ 8,350 *PARKS ROTARY MOWERS (2) $ 21,600 -PARKS TRUCKS, UTILITY (2) $ 16, 000 OTHER.BUDGET HIGHLIGHTS *CONTINUATION OF EXISTING SERVICE LEVELS BONE POLICE OFFICER POSITION ADDED DRAMATIC INCREASE IN INSURANCE COSTS EXPANDED HRA STAFFING - ADMIN AID REASSIGNMENT OF CITY CLERK DUTIES CONTINUATION OF CONTRACTED SEAL COATING CABLE TELEVISION UPGRADE DISEASED SHADE TREE COSTS INCREASE *DOMESTIC ASSAULT PROGRAM CONTINUED *ALL,EMPLOYEES' SALARIES FOR 1986 UNSETTLED (SALARIES BUDGETED AT 1985 RATES) CONTINGENCY APPROPRIATION OF X125.000 I DEBT RETIREMENT 1986 PROPOSED — $371,421 1985 ADOPTED $370,801 INCREASE -- - 620 PERCENTAGE INCREASE 0.17% ,a PROPOSED APPROPRIATIONS GENERAL GOVERNMENT --- $1 476, 657 PUBLIC SAFETY - - -- $ 2,328,135 PUBLIC WORKS - - - - -- $1 p 637,881 HEALTH & WELFARE - - -- $ 38,622 RECREATION - -- $1, -380, 803 UNALLOCATED -- - -- 636, 866 DEBT REDEMPTION 371,421 TOTAL - -- $7, $70, 385 APPROPRIATIONS BY FUNCTION 1988 PNOPOfiED CIO BIAIE i PIBI.IC SAFETY (20.0 PIa1C IIp16 2Q.6L � HFunH No VEuuE can 4.72 oEer REMPI ION WO& cme�Iott MW Muoutm oErt ooP ce.1z) izsz amSr[a ■ //. ol 0 0 lo 00 0 ol oo lo /% MI r7 i11 ol j j j ESTIMATED SOURCES OF FINANCING im PROPOSED CITY BUDGET IN1E'Rt�OMERlIENT REV. 41.11 WE FIDES Q 2D SiR'I.US/PRIOR YEARS (ISM & 41 LICENSES s PERMITS (& 4X) GENERAL PROPERTY TAX CBS X? L 29 MISCELLMEDl1S CHARGES FOR SERVICES • • i FEDERAL REVENUE SHARING 1986 PROPOSED -- - - - - -- X205.000 1985 ADOPTED --- - - - - -- X182.000 INCREASE ------- - - - - -- $ 23,000. PERCENTAGE INCREASE - - - -- 12.6% THE STATE AND LOCAL FISCAL ASSISTANCE ACT OF 1972 PURPOSE TO ASSIST STATE AND LOCAL GOVERNMENTS TO PROVIDE NECESSARY SERVICES 1972 FISCAL ASS I STANCE. ACT. ORIGINAL - - - - -- JAN. 1972 THRU DEC. 1975 (5 YEARS) EXTENDED - - - - -- JAN. 1977 THRU SEP. 1980 Q YRS. 9 MOS) EXTENDED - - - - -- OCT. 1980 THRU SEP, 1983 (3 YEARS) EXTENDED ------ OCT. 1983 THRU SEP. 1988 (3 YEARS) REVENUE SHARING ENTITLEMENT PERIODS ENTITLEMENT PERIOD START END DURATION AMOUNT - - - - -- - - -- - - - - -- - - - - -- - - - - -- i JAN. 72 JUN. 72 6 MONTHS S 2s, 650. 000, 000 2 JUL. 72 DEC. 72 6 MONTHS $ 2. 650.000, 000 3 JAN. 73 JUN. 73 6 MONTHS S 2. 987. 500, 000 4 JUL. 73 JUN. 74 1 YEAR $ 6. 050. 000, 000 5 JUL.74 JUN.75 1 YEAR S 6.200.000.000 6 JUL. 75 JUN. 76 -1 YEAR S 8. 3500 000 000 7 JUL. 76 DEC. 76 8 MONTHS S 3. 325, 000. 000 8 JAN.77 SEP.77 9 MONTHS S 4.987.500.000 9 OCT. 77 SEP. 78 1 YEAR $ 6. 850 000 000 10 OCT. 78 SEP. 79 1 YEAR S 6.850, 000.000 11 OCT. 79 SEP. 80 1 YEAR $ 69 850 000 000 12 OCT.80 SEP.81 1 YEAR S 4.566.700.000* 13 OCT.81 SEP.82 1 YEAR S 4.568.700.000+► l 14 OCT.82 SEP.83 1 YEAR S 4,5(38,700,000* 15 OCT.' 83 SEP. 84 1 YEAR S 4.566, 700. 000* 16 OCT. 84 SEP. 85 1 YEAR S 4, 566.700.000+► 17 OCT 85 SEP. 88 1 YEAR S 4.568.700, 000* TOTAL 583. 150.200.000 *FOR LOCAL GOVERNMENTS ONLY i RESTRICTIONS AND QUALIFICATIONS � HEARINGS -� PUBLICATIONS * AUDIT EVERY 3 YEARS * NON - DISCRIMINATION * LABOR STANDARDS USE REPORTS REQUIRED REVENUE SHARING HEARINGS BUDGET HEARING * HELD BY THE BUDGET ENACTING AUTHORITY (CITY COUNCIL) �- OPPORTUNITY FOR CITIZENS TO ASK QUESTIONS ABOUT OVERALL BUDGET AND THE RELATIONSHIP OF REVENUE SHARING FUNDS TO THE BUDGET AND TO COMMENT ON THE BUDGET � HELD PRIOR TO THE ENACTMENT OF THE BUDGET CITY POLICY ON THE USE OF REVENUE SHARING FUNDS 1. FOR CAPITAL EXPENDITURES 2. FOR EXPENDITURES THAT DO NOT CREATE ON GOING PROGRAMS PAST USE OF FUNDS ALL CAPITAL OUTLAY I N GENERAL FUND BUDGETS YEARS 1973 THROUGH 1984 FUNDS TO HE ALLOCATED FOR 1986 FUND BALANCE AT 12/31/84 97.005 ------ ADD RECEIPTS TO BE RECEIVED IN 1985: ENT. PER. NO. 18, 2ND QTR. (MAR 85) 41,178 ENT. PER. NO. 18, SRO QTR. (JUN 85) 41,178 ENT. PER. NO. 18, 4TH QTR. (SEP 85) 41,178 ENT. PER. NO. 17, 1ST QTR. (DEC 85) 41,178 --- $ 184,712 ----- - - - - -- LESS 1985 APPROPRIATIONS S 181,241 - - - - -- ADD ANTICIPATED RECEIPTS IN 1988 ENT. PER. NO. 17 2ND QTR. (MAR 88) $ 41,178 ENT. PER. NO. 17, SRO QTR. (JUN 88) 41,17e ENT. PER. NO. 17, 4TH QTR. (SEP 88) 41.178 ----- - - - - -- $ 123.534 - -- REVENUE�SHARINC FUNDS AVAILABLE FOR 1988 USE S 204,010 i LOCAL G CAVE RN EN T AIDS 1986 STATE ESTIMATE $2,004,327 1985 STATE ESTIMATE --- -- ---- -- - $1,847,087 INCREASE $ 157v240 PERCENTAGE INCREASE --- - - - - -- 8.5% PROPERTY TAX LEVY 1986 PROPOSED - - - -- $3. 594, 096 1985 ADOPTED - - - - -- $3, 390, 602 INCREASE ---- - - - - -- $ 203.494 PERCENTAGE INCREASE - - - -- 6. 0% ASSESSABLE VALUATION 1986 ESTIMATED $216, 298, 391 i 1985 ACTUAL --- $208, 916, 656 INCREASE - -_ -.- $ 7, 381, 735 PERCENTAGE INCREASE -- - 3,5 1 986 ASSESSED VALUATION FORMULA CHANGE 1985 1988 ww�w��r� wwww�www ASSUME MARKET VALUE OF S 63,400 S 03 F IRST $ 319000 8 549000 OF MV IS HOMESTEAD AND ASSESSED AT 17X 18X OF MARKET VALUE is $ 5v270 8 11. 412 SECOND # 319 OF MV IS HOMESTEAD AND ASSESSED AT 1 ®X OF MARKET VALUE i • 8.580 BALANCE OF 8 1.400 8 0 OF MV IS HOMESTEAD AND ASSESSED AT sox 29X OF MARKET VALUE IS 420 S 0 TOTAL ASSESSED VALUE IS • 11 _ 119412 MILL RATE 1986 PROPOSED ESTIMATE 16.616 MILLS 1985 ACTUAL ------ - - - - -- 16.173 MILLS INCREASE --------- - - - - -- .443 MILLS PERCENTAGE INCREASE ------ - - - - -- 2.7% SELECTED 1985 CITY MILL RATES BLOOMINGTON 17.301 BROOKLYN CENTER 16.506 BROOKLYN PARK 20.801 CRYSTAL 17.363 ED I NA 10,342 GOLDEN VALLEY 16.886 MAPLE GROVE 19.523 MINNETONKA 16.826 NEW HOPE 13.810 PLYMOUTH 14.538 RICHFIELD 19.467 ROBBINSDALE 25.670 ST. LOUIS PARK 18-897 TAX FORGIVENESS 1986: 54% OF TOTAL TAX TO A MAXIMUM OF $700 ON A MAXIMUM MARKET VALUE OF X68.000 PROPERTY TAB PROPOSED 1986 TAX ON A $63,400 HOME - -- $ 87. 23 1985 TAX ON A X63, 400 HOME - -- $ 86. 15 INCREASE -- - --. -- - s 1. 08 PERCENTAGE INCREASE - 1. 3/ DISTRIBUTION OF 1985 TAX DOLLAR COLLECTED PUBLIC SCHOOLS .50 COUNTY .28 CITY 16 VOCATIONAL SCHOOLS .01 METRO TRANSIT .03 MISCELLANEOUS .02 TOTAL $ 1.00 PROPOSED BUDGET TAX IMPACT 1985 BUDGET 1988 PROPOSED BUDGET ----- ----------------------- ------------------------------------ 1984 1985 1985 1985 1988 CITY TAX INCREASE MARKET TOTAL CITY MARKET CITY ------------ - - ---- VALUE TAX TAX VALUE TAX DOLLARS PERCENT $54.000 $ 459.57 $ 73.19 $54.000 $ 75.78 $ 2.59 3.5% $83.400 $ 552.08 $ 87.92 $83.400 $ 88.97 $ 1.05 1.2X $85.000 $1,221.70 $194.58 $85.000 $188.58 *(8.02) (3.1z) NOTE. CITY TAX INCLUDES BROOKLYN CENTER HRA 0 REPRESENTS TAX DECREASE i t • FUND BALANCE FROM FUND BALANCE ACCRUED FROM PRIOR , YEARS' FAVORABLE BUDGET PERFORMANCE. TOT/1L 1986 PROPOSED USE - - -- $200.000 I ADULT RECREATION NET ESTIMATED COST OR NO. PROGRAM COST REVENUE (REVENUE) - -- ----------- w. -------- -- - - - - -- - - - -r - -- - -- - - -��� 291 BAND # 5.023 S 3.043 $ 19980 292 BASKETBALL LEAGUE 20.000 20,000 0 294 BROOMBALL 8,200 81 500 (300) 298 CRAFTS AND ARTS 1.500 1.750 (250) 299 PHOTOGRAPHY 400 400 0 300 POTTERY 2P400 2,500 (100) 301 SENIOR CITIZENS 4.280 200 4.080 303 SOFTBALL LEAGUE 80.000 90.000 (10.000) 304 SOFTBALL TOURNAMENT 5.000 51000 0 307 VOLLEYBALL - MIXED 7.000 7,500 (500) 308 VOLLEYBALL - WOMENS' 80150 86000 150 309 WOMENS' EXERCISE 21.200 28.000 (8. 800) 311 HARMONETTES 4.329 2.888 1.443 310 COMMUNITY TRIPSTERS 17,334 17.334 0 TOTAL 180. 798 191,113 (10. 317) CHILORENS' RECREATION NET ESTIMATED COST OR NO. PROGRAM COST REVENUE (REVENUE) 328 CHORUS S 3. 925 S 2,212 S 1, 713 329 BASKETBALL (BOYS) 600 - 600 0 330 DANCE (CHILDREN) 3. 800 4,000 (200) 331 GYMNASTICS 3,500 4,200 (700) 332 HOCKEY 2.000 2.000 0 333 SOCCER 4.500 30000 1.500 334 PLAYGROUNDS 23p650 MOW 650 12. 000 336 TINY TOTS 11,385 11,975 (590) 337 WRESTLING 400 400 0 339 AFTER SCHOOL PROGRAMS 8.900 7,000 (100) TOTAL 60.660 47.037 13.623 TEEN RECREATION NET ESTIMATED COST OR NO. PROGRAM COST REVENUE (REVENUE) -- --------------- - - - - -- -- - - - --- --- -- - - -- -- - - - - -- 317 NORTHVIEW CO -REC s 51600 s 51150 s 450 321 COAT CHECK 75 100 (25) 322 YAC - TEEN TRIPS 650 650 0 TOTAL 8 5 425 GENERAL RECREATION NET ESTIMATED COST OR NO. PROGRAM COST REVENUE (REVENUE) - -- --------------------- - - - - -- - - - - -- ---- --- - -- 345 COMMUNITY SCHOOL S 7.150 850 61300 346 DOG OBEDIENCE 700 800 (100) 347 GOLF 800 900 (100) 348 ENTERTAINMENT IN THE PARKS 9.100 0 91100 349 JUDO 500 600 (100) 350 SKATING RINK 14,700 0 14.700 351 SKIING 3,400 3,400 0 352 SWIM (NORTHV I EW) 2,000 2. 500 (500) 353 SWIM LESSONS (NORTHV I EW) 5,500 91000 (3,500) 354 TENNIS 2,550 2.550 0 355 SUPERVISION (NORTHV I EW) 7.500 0 7. 500 356 HANDICAPPED 1.614 0 1.614 358 ARCHERY 500 500 0 360 DANCE 800 950 (150) 363 NATURE 400 0 400 TOTAL 57.214 22.050 35.164 COMMUNITY CENTER RECREATION ESTIMATED NET COST/ NO. PROGRAM COST REVENUE (REVENUE) 365 MEMBERSHIPS (FAMILY) $ s 30,500 *(30 366 MEMBERSHIPS (INDIVIDUAL) 80,000 (60. 000) 367 GENERAL ADMISSIONS (I NDV) 98,000 (96. 000) 368 GENERAL ADMISSIONS (GRP) 4,000 (4,000) 369 SWIM LESSONS 27,500 37,800 (10. 300) 370 SWIM CLUB 15,000 15,000 0 371 LOCKER RENTAL 11,000 (11, 000) 372 BABY SITTING 49850 21000 20850 373 CONCESSIONS 30,000 37,000 (7. 000) 375 L I FEGUARD I NG 53 53.725 376 POOL MAINTENANCE 8 WATER 81000 8.000 377 GENERAL SUPERVISION 18.500 18.500 378 CLERICAL 44,400 44,400 379 SPECIAL EVENTS 61000 7,000 (1. 000) 380 GAME ROOM 61000 (61000) 381 MERCHANDISE FOR RESALE 7,000 8 (1.000) 382 ART GALLERY 100 100 383 PROGRAM SUPPLIES 8 EQUIP. 10.000 10.000 384 ADVERTISING 8 PROMOTION 21000 21000 385 AIDS 22.500 22,500 387 CAPITAL OUTLAY 14.965 14.985 388 CLEANING SUPPLIES 5.000 5.000 389 BUILDING REPAIRS 10.000 10.000 390 UTILITIES 100.000 1000000 394 SOCIAL HALL RENTAL 1.500 (1.500) 395 CUSTODIAL (P /T) 8,500 8,500 TOTAL 388.040 315, 800 72.240 •. / y 106L T EARLE BROWN FARM DEVELOPMENT I . PROBLEMS TO BE SOLVED A. BOND ISSUE 1 . WAIT 2, PARTIAL evvd 3. TOTAL WITH RECALL B. TRAFFIC GENERATION 1. PROBABLE CASE A. FARM 843 TRIPS 1. FARM PROPERTY - 229 2. RYAN - 365 / n 3. RESIDENTIAL - 249 B. SUMMIT/SHINGLE CREEK IMPACT + b 2. MAXIMUM CASE A. FARM - 1 ,391 TRIPS • 1. FARM PROPERTY - 924 2. RYAN - 365 3. TEXAS AIR - 183 n�� r' r B. SUMMIT/SHINGLE CREEK IMPACT � WAA kl VU-L-(� 1 C . LAND CONTROL (WITHIN EARLE BROWN DRIVE & SUMMIT) 1. TEXAS AIR A. DEVELOP WITHOUT B. PARTIAL ACQUISITION C TOTAL ACQUISITION f 2 . RYAN DEVELOPMENT D. ZONING � u v drlA, 1. P.U.D. 2. REZONE 3 TAX INCREMENT PLAN AMENDMENT E. UTILITY EASEMENT r w III POSSIBLE DEVELOPMENT A, TOTAL ACQUISITION OF TEXAS AIR 1. LOMBARD RESIDENTIAL -.269 Uf,IT 2. RYAN OFFICE - 170,000 SQUARE FEET 3. FARM - 229 TRIPS B PARTIAL ACQUISITION OF TEXAS AIR 1. LOMBARD RESIDENTIAL - 269 UNITS 2 RYAN OFFICE - 130,000 SQUARE FEET 3. TEXAS AS AIR PER ZO NG 100 TRIPS 4. FARM - 232 TRIPS C. NO ACQUISITION OF TEXAS AIR 1. LOMBARD RESIDENTIAL 269 UNITS 2. RYAN OFFICE - 130,000 SQUARE FEET 3, TEXAS AIR PER ZONING - 113 TRIPS 4. FARM 229 TRIPS III. SUBSIDY TO DEVELOPERS A. LOMBARD I. SELL NECESSARY LAND AT $2,500 PER UNIT OR $672,500 2. MULTI FAMILY HOUSING BONDS 3 IF HRA ACQUIRES TEXAS AIR - SELL OFFICE BUIL ING $150,000 TO $200,000 o' �1p� 6111- ` 4. HRA RETURN - Cpy dal &rt r g{ &yt/, 0 sue. Kam- � � t `�r4 B. RYAN b' bo)'t 1. INDUSTRIAL DEVELOPMENT BOND ( MILLION) 2. PAY 1% APPLICATION FEE FOR IDB OR $90, 3. HRA RETURN Licenses to be approved by the City Council on September 9, 1985 MECHANICAL SYSTEM LICENSE Cronstrom's Heating & Air Cond. 4410 Excelsior Blvd. Flare Heating & Air Cond. 664 Mendelssohn Ave. N. F Buildihj Official NON- PERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. a Cass Screw Mfg. 4748 France Ave. N. - k�jk&A-\ Sanitarian i GENERAL APPROVAL: Qerald 0. S inter, City Clerk BY�OOKIYN CENTER ME EVEN FLNYD O HELP FIGHT CRIME IN BROOKLYN CENTER JOIN THE 3RD ANNUAL WALKswAmwTH.0N FOR CRIME PREVENTION Saturday September 21 1985 8:30 to 1: 1 :00 PM • MEET IN CENTRAL P ARK (BEHLND 630I SHINGLE CREEK PARKWAY) PARTICIPANT PRIZES *GRAND PRIZE* FISHER VCR W /WIRELESS REMOTE To be given to the participant (regardless of age) collecting the most money. FREE T- SHIRT - to those collecting $35.00 or more FREE.T- SHIRT & CAP - to those collecting $70.00 or more YOUTH PRIZE DRAWING For all participants 17 and under CASH PRIZE BONDS MERCHANDISE GIFT CERTIFICATES MOVIE PASSES CIVIC CENTER MEMBERSHIP WALK BETWEEN I AND 10 MILES ALONG THE SHINGLE CREEK TRAILWAY REFRESHMENTS SERVED ALONG TRAILWAY USE OF CIVIC CENTER POOL AT A REDUCED RATE WALK- A -THON DeAr Parents: The Brooklyn Center Crime Prevention Fund is sponsoring its second annual Walk -A -Thon for Crime Prevention on a '"�ay- ceRteMber 21, 198 rom a.m..unti iz 0 n m. on the Brooklyn Center Trailway System beginning at Central Park. The Crime Prevention Fund is raising money to be used for rewards, payoffs to informants, and "buy money" for use in identifying IA)tl fencing operations, burglary rings, narcotics rings and improving stolen goods recovery. Participants in the Walk -A -Thon may choose to walk between one and ten miles. Refreshments will be provided at checkpoints along the trailway. Brooklyn. Center police officers will be directing traffic at the trailway crossing on 69th Avenue North to Palmer Lake. Officers will also be on the trail to provide assistance, and an ambulance will be at the Civic Center to assist if necessary. Participants will receive a coupon to swim at the Civic Center pool for $0.50 on either September 21 or September 22 (regular children's price is $1.25). 8rixga will be awarded to all participants, regardless of age, who collect pledges. Those collecting $35.00 or more will receive a free T -shirt and those collecting $70.00 or more will receive a T -shirt and a cap. Additionally, the participant collecting the most money, regardless of age will receive a Fisher V.C.R. with wireless remote. After the Walk -A -Than, a drawing will be held for all prizes donated by local businesses and civi organizations for participants 17 years of age or younger. To register, your child, and/or yourself, please complete the form below, detach and raturn it with your child tQ school lzv - % 2dU sda s tember_1 1985. Once registered, participants will be receiving a pledge envelope and amount mile walkedg • walk has been completed. More details on the Walk -A -Thon will be provided to registered participants. If you have any oupstions please contact the Brooklyn 4q, Center Police Department at 5 1 -a4 0 • --------------------------------------------------- ° - - - -- - - - - -° WAIVER - In consideration of the furtherance of the purposes and objectiv of the Brooklyn Center Crime Prevention Fund and in consideration of your permitting me to participate in the Walk -A -Thon for Crime Prevention, on behalf of myself, heirs and representatives, waive and release any and al rights and claims for damages whatsoever they may be, especially against the Brooklyn Center Crime Prevention Fund,'its officers and committee members, any governmental unit as well as any other person connected wtb the Walk -A -Thon, for any and all injuries arising out of the Walk -A -Than. Participants under the age of 18 must have this application signed by parent or guardian. x Signature of Participant X' Signature of Parent or Guardian PARTICIPATION REGISTRATION INFORMATION: Age - -- Name Street City Zip-_.----..w.•.- Phone S chool I' INSTRUCTIONS FOR PARTICIPATION IN WALK- A -THON FOR CRIME PREVENTION PLEASE READ CAREF CQMPLMTELY 1. Turn in waiver /registration form signed by.parent.or guardian. 2. Receive pledge envelope. PLEDGING 1. Fill out information on pledge envelope. PLEASE PRINT.' Include the name of your school, the number of miles you expect to walk (between 1 and 10 miles), your T -shirt size (S = small, M = medium, L = large, and XL extra Large), and your full name, address and phone number. 2. Begin getting sponsors. Suggest.a minimum pledge of $0.25 - per mile. Tell the sponsors your goal and tell them you*will show them proof of participation in the Walk.- A -Thon' when you return to collect the money. Ge complete information from the sponsors - name, street address, and pledge per mile. LEAVE THE "TOTAL PJEDGE" SPACE BLANK. THE_,X"K 1. Come to the Walk -A -Thou on SATURDAY.'SEPT ER 2 1� . The Walk -A- Thon will begin at 8 :30 a.m. and will end at 1 :00 p.m. WEAR.COMFORMLF WALKINQ SHO ES . Your parents are encouraged to walk and also encouraged to gather their own pledges to become eligible for the grand prize which is a Fisher,V.C.R. with wireless remote, and a shirt and cap. There is a picni, area in Central Park that maybe used for a picnic -lunch with your family after the Walk- A -Thon. 2. Report to the picnic shelter in Brooklyn'Center'e Central Park (behind the Civic Center at 6301 Shingle Creek Parkway). Check in at the Walk -A- Thon Registration table located at.the picnic shelter. You will receive!a checkpoint sheet and trail map. Please follow the suggested route. 3. Have your checkpoint sheet stamped at each checkpoint: The route of tr Walk- A -Thon will be around Central Park's trail, up to the Palmer Lake Nature Area and back to Central Park. This is a five mile route Anyone interested in walking ten miles may walk the same route a second time. Shorter routes may be walked by walking the trail around Central Park only (one mile). BE SURE TO STOP AT EACH CHECKPOINT. Refreshments will be provided at each of the checkpoints. 4. When you have completed your walk, stop at the Walk- A -Thon Checkout table located at the picnic shelter in Central'Park. You will turn in you checkpoint sheet and receive a Certification of Participation sheet. In addition, you will receive a pass to swim in the Civic Center's pool for $0.50 which can be used either Saturday, September xY. 1985 between 1 :00 p.m. and 9:00 p.m. or Sunday, September 22, 19d5 between 1 :00 p.m. and 6:0 p.m. (OVER) SAEET. 1. Two Brooklyn Center Police Officers will be directing traffic on 69th Avenue North where the trailway crosses to Palmer Lake. 2. One Brooklyn Center Police Officer will be riding the trail bike along the trailway during the Walk -A -Thor. 3. Three Brooklyn Center Code Enforcement Officers will be available to provide assistance. 4. A North ambulance will be in the parking lot behind the Civic Center tc assist if necessary. QLLECTINC,P AM&E.E doEv 1. Return to your sponsors and show them your Certification of Participation sheet. After collecting the money, fill in the amount of "Total Pledge,N. Put the money inside of the pledge envelope, and once all of the pledge money has been collected, seal the envelope. 2. Return the RIAdSm envy with all , collected money to your school as directed by Fr idav, QgtqbgL J, 12a. 3. Adults or youths not attending school in Brooklyn Center can drop -off their pledge envelopes with collected money at the front desk of the Poli_: Department before October 4. 1985. PRIZES 1. All participants turning in their collection money will be eligible f' the shirt and hat prizes according to the following schedule: ThQsg C 11 4 ins: W Real v $30.00 or more -T -shirt $70.00 or more T- shirt and hat 2. The participant collecting the highest amount of pledge money will receive a Fisher T.C.R. with wireless remote- as.grand prize. 3. Particpants 17 years of age or younger will be eligible for a'drawinc of additional prizes donated by various local businesses and civic organizations, to be held after all pledge envelopes have been returned. NQTE* THE WALK- A -THON BEGINS AT 8 :30 A.M. PARTICIPANTS MAY START ANYTII AFTER 8:30 BUT MUST FINISH BY 1:00 P.M. QUESTIONS BROOKLYN CENTER CRIME PREVENTION FUND • ACTIVITY REPORT August 1981 Submission of a proposal for creating a crime prevention program to the Brooklyn Center Rotary and the Brooklyn Center Chamber of Commerce by Phil Cohen. Spring 1982 Recruitment of initial contributors and formation of the Crime Prevention Fund Board of Directors. May 10, 1982 Articles of Incorporation notarized and filed with the State of Minnesota. June 9, 1982 First meeting of the Crime Prevention Fund Board of Directors. Nominating committee assigned to: select and nominate up to three members of the general public to serve on the Board; establish terms of office for each Board member select and nominate for the Board to elect Officers of the Crime Prevention Fund. " _. June 29, 1982 Installation of a telephone in the Police Department with recorded message allowing callers to leave crime tips. June 30, 1982 Election of Board of Directors Officirs. July 15, 1982 Printing of 1,000 letterhead stationery and 500 envelopes. July 19, 1982 $1,000.00 in reward money committed by the Crime Prevention Fund for solution of the Randi Petersen homicide case occurring July 17, 1982. July 20, 1982 Arrest of three suspects in the Petersen homicide` case after receiving tip from informants to whom reward money was given. Aug. 4, -1982 Establishment of a Fund.- Raising Committee. Septa 15, 1982 Establishment of a Publicity Committee. Sept. 16, 1982 Establishment of a Confidential Committee. Jan. 11, 1983 Crime Prevention Neighborhood Forum, Brooklyn Center High School. Jan. 19, 1983 Election of new Officers; Officers remained as in 1982; approval of granting each Investigator $25.00 for in- pocket money. Feb. 16, 1983 Printing of new letterhead and Neighborhood Watch brochures. March 16, 1983 Crime Prevention Neighborhood Forum, Earle Brown School. April 10, 1983 Booth at Kaleidoscope, Brooklyn Center High School. April 20, 1983 Report of a salesman for Safety Programs, Inc`.", Dick Beckley, soliciting funds fraudulently using • the game of the Brooklyn Center Crime Prevention Program. May 25, 1983 Crime Prevention Neighborhood Forum, Northport School. June 12, 1983 Canine demonstration at Firehouse Park for Earle Brown Days. June 22, 1983 Sign Committee formed to look at getting neighborhood watch signs. July 12, 1983 Letter sent to the County Attorney by Phil Cohen on the Dick Beckley case. Aug 8, 1983 Response received from the County Attorney on the Dick Beckley case. Aug. 26, 1983 Members attended Bloomington Crime Prevention Seminar. Sept. 1, 1983 Crime Prevention Fund Certificates of Commen- dation printed. Sept. 20, 1983 Approval of posting rewards for information leading_ to the arrest and conviction of those involved in vandalism at Freeway Park, and a =scam involving fraudulent drivers licenses and credit cards at Brookdale. Approval of funds used in an undercover investigation for a liquor license. Sept. 21, 1983 Resignation of Board Member Laura Jordan, Brooklyn Center Women's Club, to be replaced by Phyllis Linton. Election of new Board Member, Carol, Guillaume, member -at- large. Sept. 24, 1983 Walk- A -Thon for Crime Prevention, Brooklyn Center Trailway System. Oct. 5, 1983 Crime Prevention Neighborhood Forum, Garden City School. Oct. 19, 1983 l Reward posted regarding damage to property at Northport and Evergreen Schools. 1984 nominating committee formed. Nov. 3, 1983 Presentation to Brooklyn Center Lions _Club. Nov. 16, 1983 Larry Goga presented Certificate of Commendation for his aid in prevention of a suicide. Jan. 11, 1984 Presentation to North Suburban Kiwanis Club. Jan. 18, 1984 Annual election of members to Board of Directors and Executive Committee. Jack Weber replaces Paul DesVernine as Chamber representative David Grass replaces Dennis Flaherty as Pol -ice Association representative; all Executive Commit- tee members remain the same, except that Carol Guillaume replaces Bobbye Moylan as secretary. March 2, 1984 Presentation to Brooklyn Twins. March 6, 1984 Presentation to Brooklyn Center Jaycee Women. • March 21, 1984 Presentation to Brooklyn Center Leisure Time. March 21, 1984 Guest speakers at monthly directors meeting - Jay Lindgren and Deborah Eng from the Minnesota Department of Corrections. March 21, 1984 Y Proposal presented b President Cohen for a Brooklyn Center Crime Prevention W Y eek. April 11, 1984 Reward posted for information on fire at Earle Brown School. April 18, 1984 Payments authorized by Confidential Committee for money spent in making a controlled drug buy, and move spent for information Y P leadin 9 to the arrest of two juveniles involved in an arson case. May 8, 1984 Presentation to Brooklyn Methodist Church. May 14, 1984 Reward posted for information on burglary and vandalism at Brooklyn Center High School. May 21, 1984 Neighborhood forum presentation at Twin Lake North Apartments. May 23, 1984 Formation of 1984 Crime Prevention Week commit- tees. Board members George Pelto, representing North Suburban Kiwanis and Dick Risley representing Brooklyn Center Lions Club resigned. June 19, 1984 Reward posted for information on vandalism at Bellvue Park. June 20, 1984 New Board members appointed - Warren Lindquist of North Suburban Kiwanis Club and Lamonte Dehn of Brooklyn Center Lions Club. July 18, 1984 Guest speaker at monthly g meetin - Barbara Jensen of Brooklyn Center Mediation Services. r z 1 f\ July 20, 1984 . •. Reward paid to informants on Bellvue Park vandalism case. July 1984 "Shoplifting Is Stealing" signs printed by Post Publishing and posted at businesses throughout the City. Aug. 15, 1984 Selection of Neighborhood Watch sign contest winner. Approval of budget for 1984 Crime Prevention Week. Aug. 20, 1984 Declaration of Crime Prevention Week for September 16 24, 1984 by the Mayor and City Council. Presentation of contest money for Neighborhood Watch sign. Aug. 28, 1984 Reward posted for information on cat burglaries; several cases subsequently solved. .Sept. 16, 1984 Start of Crime Prevention Week; Open House at the Police Department. Sept. 18, 1984 Joint luncheon of the Brooklyn Center Rotary and Chamber of Commerce to promote the Crime Prevention Fund; guest speaker Paul Tschida, Minnesota Commissioner of Public Safety. Neighborhood Crime Prevention Forum, Earle Brown School. Sept. 19, °1984 Neighborhood Crime Prevention Forum, Garden City Elementary School. Sept. 20, 1984 Neighborhood Crime Prevention Forum, Brooklyn Center High School Sept. 22, 1984 Second annual Walk- A -Thon for Crime Prevention. Nova 9, 1984 Reward posted for information on Northport Park vandalism. Dec. 31, 1984 Jay Hruska, Board Member and Treasurer representing Brooklyn Center Fire Association resigned. Jan. 16, 1985 Don Egnell appointed to Board as member -at- large; 1985 officers elected: President: Phil Cohen Vice President: Bill Fignar Secretary: Carol Guillaume Treasurers Don Egnell Board members reappointed to another three -year term Dale Buchholz, Brooklyn Center Jaycees; Bill Fignar, Brooklyn Center Rotary; Lamonte Dehn, Brooklyn Center. Lions Club; Dr. Duane Orn, CEAP; funds approved for purchase of 50 Neighborhood Watch signs. Jan. 26, 1985 Crime Watch signs being made to designate Crime Watch neighborhoods. Work started on Crime Fund Booklet. Feb. 12, 1985 Rose Marie Pheil donated picture given away in raffle by Brooklyn Center Womens Club. The amount of $500.00 was raised for Crime Prevention Fund. March 20, 1985 New calling ards distributed istributed to officers advertising Crime Tips Phone. April 5, 1985 Reward offered in a bank fraud case and resulted in arrest of LuAnne Nelson. April 10, 1985 _First Neighborhood Crime Watch signs go up on 72nd & Humboldt. April 14, 1985 Booth at Kaleidoscope generated more interest in Neighborhood Crime Watch. April 20, 1985 Planning began for Crime Prevention Week Open House and Walk -A -Thou. May 15, 1985 First neighborhood now has watch signs put up. June 19, 1985 Three neighborhoods now have watch signs up, signs are now made darker to make them more visible. July 17, 1985 Neighborhood Watch signs now erected at main roads leading into the City. Aug. 10, 1985 Brooklyn Center businesses contributed $5,860.00 for publishing of Crime Prevention Booklet. Aug. 15, 1985 Five neighborhoods now have watch signs up. Carol Guillaume resigns from Crime Prevention Fund as she is moving out west. Sept. 1, 1985 Crime Prevention Booklet being distributed to all dwelling units in Brooklyn Center, approximately 12,000 sent out. Sept. 17, 1985 Joint Rotary Brooklyn Center Chamber Crime Prevention luncheon speaker was Ramsey District Court Judge Joe Summers. Sept. 21, 1985 Third annual Walk -A -Thou scheduled. Sept. 22, 1985 Third annual Open House scheduled. CRIME PREVENTION FUND BOARD OF DIRECTORS Dale Buchholz Phil Cohen, President Brooklyn Center Jaycees Member -at -Large 7212 Emerson Avenue North 5302 Humboldt Avenue North Brooklyn` Center, MN 55430 Brooklyn Center, MN 55430 560 -1396 (H) 932 -4539 (W) 560 -9265 Term Expires: 12- 31 -87' Term Expires: 12 731 -85 David Grass Brooklyn Center Police Association 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 561 -5440 Term Expires: 12 -31 -86 Mary Jane Gustafson Don Egnell, Treasurer Brooklyn Historical Society 5400 Oliver Avenue North 4935 Abbott Avenue North Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 560 -9252 (H) 474- 8826`(W) 537 -8484 (W) 535 -5140 (H) Term Expires: 12 -31 -87 \ Term Expires: 12 -31 -85 Sylvia Kenney Rose Marie Pheil Brooklyn Twins and Brooklyn Brooklyn Center Women's Club Center Leisure Time 6007 Fremont North' 6900 France Avenue North Minneapolis, MN 55430 Brooklyn Center, MN 55429 561 -3189 561 -4805 Term Expires: 12 -31 -85 Term Expires: 12 -31 -85 Bobbye Moylan Brooklyn Center Lioness Club 5541 Knox Avenue North Brooklyn Center, MN 55430 560 -8756 (H) 835 -3400 x270 (W) Term Expires: 12 -31 -86 Warren Lindquist Lamonte Dehn North Suburban - Kiwanis Club Brooklyn Center Lions Club 7030 Ewing Ave. North 5712 Humboldt Ave.. N. Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 561 -6624 561 -1822 (H) Term Expires 12 -31 -86 Term Expires: 12 -31 -87 Nikki Sevig Jack Weber 4211 - 78th Court North Brooklyn Center Chamber of Commerce Brooklyn Park, MN 55443 c/o Summit Bank 560 -7066 (H) 542 -9521 (W) 6040 Earle Brown Drive Term Expires: 12 -31 -86 Brooklyn Center, MN 55430 560 -6810 Bill Fignar, Vice President Term Expires: 12 -31 -85 Brooklyn Center Rotary Reverend Richard Rabine 6025 Abbott Avenue North Brooklyn Center Ministerial Assoc. Brooklyn Center, MN 55429 3201 68th Avenue North 561 -2818 (H) 788 -4288 (W) Brooklyn Center, MN 55429 Term Expires: 12 -31 -87 561 -1334 (H) 535 -6305 (W) Term Expires: 12 -31 -87