HomeMy WebLinkAbout1984 10-15 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
OCTOBER 15, 1984
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. Presentation of Resolution of Appreciation and Recognition to Phyllis Plummer
*7. Performance Bond Release
Nankin Express, 5532 Brooklyn Boulevard
8. Resolutions:
*a. Accepting Work under Contract 1984 -F ( Evergreen Park /Area Improvement
Project No. 1984 -07, Phase I)
-This contract provided for the following:
1. Removal of the City's Maintenance Annex /Yard
2. Soccer field fencing
3. Expansion of the Evergreen School parking lot for joint school -City
use.
4. Construction of a trail connection between Dupont Avenue and the
Evergreen Park trail system.
5. Construction of access to Well No. 3.
b. Accepting Bid and Approving Contract 1984 -J (Central Park Plaza Improvement
Project No. 1984 -10)
-It is recommended the bid of Shafer Contracting Company, Inc. in the amount
of $ 4 27,377.35 be accepted.
*
C. Expressing Recognition of and Appreciation for the Dedicated Public Service
of Mary Simmons
9. Public Hearing on Earle Brown Farm Apartments Multi- family Housing Bond (7 :30
P.M.)
10. Planning Commission Items: (7:45 p.m.)
a. Planning Commission Application No. 84032 submitted by L. Cramer Company
for extension of the special use permit approval granted under Application
No. 83037 for an office condominium project on R5 zoned land at the
southwest corner of Brooklyn Boulevard and I -94. The Planning Commission
recommended approval of Application No. 84032 at its October 4, 1984
meeting.
CITY COUNCIL AGENDA -2- October 15, 1984
b. Planning Commission Application No. 84033 submitted by Lombard Properties
for site and building plan and special use permit approval to construct a
75,109 sq. ft. office - industrial building at 6765 Shingle Parkway. The
Planning Commission recommended approval of Application No. 84033 at its
October 4, 1984 meeting.
c. Planning Commission Application No. 84034 submitted by Lombard Properties
for special use permit approval for 52 off -site accessory parking stalls on
the central parking lot serving the industrial area north of Freeway
Boulevard and west of Shingle Creek Parkway for use by the proposed Spec. 10
office- industrial building. The Planning Commission recommended
approval of Application No. 84034 at its October 4, 1984 meeting.
11. Discussion Items:
a. Proposed Purchase of Old 7- Eleven Store
-This item comprehends purchase of the old 7- Eleven store at 69th and
Humboldt to relocate Liquor Store No. 1.
b. Office of Revenue Sharing 504 Regulations
-This item refers to handicapped accessibility requirements under the
Federal Revenue Sharing program and includes adoption of an internal
grievance procedure for any complaints alleging violations of any action
prohibited by Section 504 of the Rehabilitation Act of 1973•
c. Resolution Requesting Legislative Review of PERA
-This item is a request from the League of Minnesota Cities and is related to
the recent appointment of an interim director of PERA.
*12. Licenses
13. Adjournment
CORRECTED COPY
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND.THE STATE OF MINNESOTA
SPECIAL SESSION
SEPTEMBER 17, 1984
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in special session and was called to order by
Mayor Dean Nyquist at 7:05 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis. Also present were City Manager Gerald Splinter, Director of Finance Paul
Holmlund, and Administrative Assistant Brad Hoffman.
PUBLIC HEARING
Mayor , Nyquist opened the public hearing on the proposed 1985 City Budget. He noted
that Ann Wallerstedt, Barb Jensen, and Jack Weber were in the audience to speak to
the Council on funding a Mediation Service Program. He also stated that he felt
that he had a personal conflict of interest with the program but did express his
support for mediation service. He then turned the meeting over to Councilmember
Celia Scott. Bill Hawes also excused himself from consideration of the mediation
service, indicating that he too felt that he had a ,conflict of interest.
Councilmember Scott then recognized Barb Jensen. Barb Jensen stated that she felt
that each of the Councilmembers were familiar with mediation service from their past
history, and indicated that she would be comfortable with answering any of the
questions that the Council might have relative to their funding request.
Councilmember Lhotka inquired as to the certainty of other funding sources
indicated to the Council in their memorandum. Barb Jensen indicated that she was
very confident of the funding sources and that such funding sources would continue
over time. Councilmember Theis indicated that he noted in the mediation services'
budget an increase in the staff budget and inquired as to the reason. Barb Jensen
indicated to the Council that the 1985 budget reflect a full -time position as
opposed to a previous half -time position. Councilmember Theis then inquired as to
the percent of activity performed outside of Brooklyn Center by the mediation
services. Barb Jensen indicated that she had not specific figures on that but would
estimate about 30% of their activity is outside of Brooklyn Center.
A brief discussion then ensued relative to the relationship between mediation
services and City staff. Barb Jensen indicated she felt mediation services. should
be used more often. Councilmember Lhotka inquired why the City Manager had not
recommended funding from mediation services in his budget. The City Manager
indicated that he recommended such services only when they would reduce a mandated
service requirement of the City. He indicated that he did not feel it was improper'
funding for the City but that it was not required. Following a brief discussion,
there was a motion by Councilmember Theis and seconded by Councilmember Lhotka to
include $2,000 in the budget as a one -time expenditure with a source of funding not
to be determined at this time. Voting in favor: Councilmembers Lhotka, Scott, and
Theis. Voting against: none. The motion passed. Mayor Nyquist and
Councilmember Hawes abstained.
,Councilmembers started review of 1985 revenues for the City. Councilmember Hawes
9 -17 -84 -1-
MEMORANDUM
TO: Ronald.A. Warren, Director of Planning and Inspection
FROM: Gar Shallcro Planning Assistant
Gary ss, a g
DATE: October 9, 1984
SUBJECT: Performance Guarantees
1. Nankin Express
5532 Brooklyn Boulevard
Planning Commission Application No. 84011
Amount of Guarantee - $6,000 bond
Obligor - Arachne Construction Company
All improvements have been completed in accordance with the approved plan.
Recommend total release.
Approved by
ona Warren, irec or o anm ng an nspection
�
Member introduced the following; resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION LUTION ACCEPTING WORK PERFORMED UNDER CONTRACT
1984 -F (EVERGREEN PARK/AREA IMPROVEMENT PROJECT N0.
1984 -07, PHASE I)
WHEREAS, pursuant to written Contract 1984 -F signed with the City
of Brooklyn Center, Minnesota, Munn Blacktop, Inc. has satisfactorily
completed the following improvement in accordance with said contract:
EVERGREEN PARK /AREA IMPROVEMENT PROJECT NO. 1984 -07, PHASE I
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The work completed under said contract is accepted and
approved as follows:
As Approved Final Amount
Original Award $74,816.8 $73027.81
2. The value of work performed is less than the original
contract amount by $1,688.99 due to a general overestimation
of planned quantities.
3. It is hereby directed that final payment be made on said
contract, taking the Contractor's receipt in full. ` The total
amount to be paid for said improvement under said contract
shall be $73,127.81.
Date Mayor
ATTEST
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same;
whereupon said resolution was declared duly passed and adopted.
CITY- 6301 SHINGLE CREEK PARKWAY
OF BROOKLYN CENTER, MINNESOTA 55430
'I
TELEPHONE 561 -5440
y ; EMERGENCY - POLICE - FIRE
911
TO: Gerald G. Splinter, City Manager
FROM: Sy Knapp, Director of Public Works
DATE: October 12, 1984
RE: Review of Bids Received Contract 1984 -J
(Central Park Plaza Improvement Project No. 1984 -10)
Pursuant to City Council authorization, bids were received for the construction
of the Central Park Plaza improvements. A review of the bids shows that the
lowest responsible bidder is Shafer Contracting Company, Inc., a contractor
who has completed many projects for the City within the last four years.
Further review of the bids show that acceptance of the proposal which provides
for entire site restoration with sod (under Alternate 1) results in a contract
amount ($427,377.35) which exceeds the estimated construction cost ($402,000.00)
by $25,377.35. Staff recommends the Shafer proposal be accepted in spite of
the increase in construction cost in consideration of the fact that we cannot
guarantee receipt of lower bids from comparably qualified contractors (1983
projects are being let now in an effort to take advantage of what little price
break is available in an upswing construction industry). Accordingly, the
attached resolution provides for the acceptance of the Shafer Contracting
Company, Inca proposal and the appropriation of additional financing to cover
the associated cost increase.
SK:jn
"74 C —50, &44:.cg 7910 `�
d
b
Member introduced the following resolution and
moved its adoption:
RESOLUTION N0.
ACCEPTI14G BID AND APPROVING CONTRACT 1984 -J (CENTRAL
PARK PLAZA IMPROVEMENT PROJECT' NO. 1984 -10)
WHEREAS, pursuant to an advertisement for bids for Improvement
Project No. 1984 -10, bids were received, opened, and tabulated by the City
Clerk and Engineer, on the 11th day of October, 1984. Said bids were as
follows:
Total Base Total Bid
Bidder Bid Amount Incl. Alt. 1
Shafer Contracting Co., Inc. $421.647.35* $427,427.35
Orvedahl Construction, Inc. 425,317.50 431,617.50
C.S. McCrossan Construction, Inc. 435,134.75 441,634.75
D.H. Blattner & Sons, Inc. 454,933.00* 460,933,00*
*Denotes Engineer's Correction Upon Extension
WHEREAS, it appears that Shafer Contracting Company, Inc. of
Shafer, Minnesota, is the lowest responsible bidder.
NOW, THEREFORE, BE I`I' RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota:
1. The Mayor and City Manager are hereby authorized and directed
to enter into the attached contract, in the amount of
$427,377.35 with Shafer Contracting Company, Inc. of Shafer,
Minnesota in the name of the City of Brooklyn Center, for
Improvement Project No. 1984 -10 according to the plans and
specifications therefor approved by the City Council and on
file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return
forthwith to all bidders the deposits made with their bids,
except that the deposit of the successful bidder and the next
Lowest bidder shall be retained until a contract has been
signed.
BE I`i FURTHER RESOLVED that:
1. The estimated cost of Improvement Project No. 1984 -10 is
hereby amended according to the following schedule:
As Approved As Bid
Contract $402,000.00 $427,.427.35
Engineering
Consultant 39,600.00 43,000.00
City 4,020.00 4,274.27
Administration 4,020.00 4,274.27
$449,640-00 $478,975.89
RESOLUTION PJO. )
2. The F ina ?D' or is hereby authorized and directed` to
appropra.89 from the Capital Project Fund Balance
for a dits.
Date Mayor
XVVEST
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.
�C
Member introduced the following resolution and
moved its adoption:
1 RESOLUTION NO.
RESOLUTION- EXPRESSING RECOGNITION OF AND APPRECIATION
FOR THE DEDICATED PUBLIC SERVICE OF MARY SIMMONS
WHEREAS, Mary Simmons served as a member of the Brooklyn Center
Planning Commission from January 1980 through September 1984; and ,
WHEREAS, her devotion to the tasks and responsibilities of the
Commission contributed substantially to the sound progress and development
of the City; and
WHEREAS, her public service and civic effort for the betterment
of the community merit the gratitude of the citizens of Brooklyn Center; and
WHEREAS, it is highly appropriate that her service to the community
should be recognized and expressed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the dedicated public service of Mary Simmons, as a member
of the Brooklyn Center Planning Commission, is recognized and appreciated by
the City of Brooklyn Center.
l
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
'a
MEMORANDUM
Gerald ter, t
TO: Ge G. Spl�n Cit Manager
FROM: Brad Hoffman, Administrative Assistant
DATE: October 12, 1984
SUBJECT: Multi - Family Housing Bonds
The Council will have before them a request from Gary S. Holmes and Cyril E.
Sheehy, Jr. for $4,600,000 in multi- family housing revenue bonds. The project
contemplates the rehabilitation of the existing apartment units and the construc
tion of 36 additional units. Attached you will find a preliminary estimate
for the proposed rehabilitation work.
The City Council has not established a policy for reviewing applications for
multi- family revenue bonds by which the staff would review an application.
However, there are advantages and disadvantages to this type of project.
The obvious disadvantage of issuing the bonds is the loss of taxable interest
income to the federal government. A specific dollar figure requires many
assumptions about the individual holders of the bonds and the interest rate at
which taxable bonds would be issued. Assuming a 14 percent taxable interest
rate, there would be a potential $644,000 annual income not being taxed.
Representatives for the applicant should address themselves to this questions
Monday night.
The advantages to the City including an estimated increase in property taxes
of $30,000 of which about $5,000 would go to the City. We can acquire an
easement along 69th Avenue to provide for future widening of the street.
Also, the Earle Brown Apartments have been one of the better maintained apartment
units in the City. Such financing could be used as an incentive for apartment
owners to maintain their units.
If the Council decides to approve the bond issue, the staff would recommend
that they receive the dedication of an easement. Also, Cy Sheehy owns the
Shingle Creek Towers next to City Hall. When the building was originally
constructed, the fire sprinkler contractor installed a 100 gpm pump. The
minimum required by code at that time is a 750 gpm pump providing 60 lbs of
pressure at the top of the stack. At the presentation, only the top 3 or 4
floors could be serviced with the current system. We would recommend that you
withhold final aproval of the bonds or that your approval of the bonds are
contingent upon the correction of that problem. The owners are now aware of
the problem (approximately 2 weeks).
We will be prepared to discuss this item Monday evening.
Toll Free Minnesota (800) 862 -6002
- Frill Free other States (800) 328-6122
i
1 J .
Miller & Schroeder Municipals, Inc.
Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, Minnesota 55431 • (612) 831 -1500
September 27, 1984
Mr. Brad Hoffman
Administrative Assistant
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Re: Proposed Earl Apartment Project
Dear Mr. Hoffman:
Pursuant to our previous conversations, I am forwarding to you the
preliminary estimate for the proposed rehabilitation work and a preliminary
project proforma. In addition, the estimated financing costs for the
project are as follows:
Acquisitions:
Land $ 624,000
Building 2,423,150
Rehabilitation: 364,850
New Construction: 111883000
Financing Requested $ 4,600,000
We will be keeping you informed as to the progress of this project. If you
have any questions or comments, please feel free to give me a call.
Sincerely,
John B. Lemley
Underwriter
JBL /pmh
Enclosures
cc: David Kennedy
Headquarters: Minneapolis, Minnesota
Branch Offices: Downtown Minneapolis • Solana Beach, California • Northbrook, Illinois • St. Paul, Minnesota • Naples, Florida • Tallahassee, Florida • Carson City, Nevada
Menvtxr of the Srrwities Investor Prottstion Corlxxation
Preliminary Estimate
for
E A R L A P A R T M E N T S
Rehabilitation Work September 10, 1984
Exterior repair and painting 17,450.00
Appliance repair and replacement 7,350.00
Air conditioner repair 5,300.00
Furnace repair and replacement 18,400.00
Sealcoat and repair driveway 3,900.00
Soffit repair 12,100.00
Entry -door repair and overhang 3,375.00
Roof repair and insulation 125,000.00
Gutter repair and replacement 3,300.00
Window repair and replacement 4,200.00
. Pool repair 1,200.00
Landscaping 9,100.00
Hallway sheetrock, wall repair & painting,
carpeting repair and replacement 38,750.00
Unit rehabilitation including wall and cabinet
repair, carpeting replacement, and painting 45,900.00
Laundry facilities rehabilitation 3,275.00
Lock repair and replacement, dead bolts (all
units), master keys 5,200.00
Lighting 1,850.00
Direct labor expenses
Misc. plumbing, wiring and other rehab expenses 8,200
Direct labor expenses 51,000.00
364,850.00
City of Brooklyn Center, Minnesota
Earl Apartments Project
Preliminary Proforma
Annual
Rental Range Rental Income
1 Bedroom (72) $395 341,280
2 Bedroom (84) $480 483,840
Total Unit Income 825, 12O
less Vacancy (5X) 41,256
783, 864,
Expenses expected to be 48 - 52%
Vacancy during rehabilitation is expected to be 10 - 25%.
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
OCTOBER 4, 1984
CITY HALL
CALL TO ORDER
The Planning Commission met in regular session and was called to order by Chairman
Pro tem Nancy Manson at 7:35 p.m.
ROLL CALL
'Chairman Pro tem Nancy Manson, Commissioners Molly Malecki, Carl Sandstrom, Lowell
Ainas and Mike Nelson. Also present were Director of Planning and Inspection
Ronald Warren, City Engineer James Grube, and Planning Assistant Gary Shallcross.
APPROVAL OF MINUTES AUGUST 23, 1984
Motion: by Commissioner Sandstrom seconded by Commissioner Nelson to approve the
minutes of the August 23, 1984 Planning Commission meeting as submitted. Voting in
favor: Commissioners Malecki, Ainas, Sandstrom and Nelson. Voting against: none.
Not voting: Chairman Pro tem Manson. The motion passed.
OTHER BUSINESS
Since no applicants were present at the start of the meeting, the Secretary briefly
reviewed a proposal for an additional pump island at Q Petroleum at the southwest
corner of 69th Avenue North and Humboldt. He stated that he did not feel that the
addition of the pumps would require Planning Commission review because total
parking was not being decreased and the building was not being expanded. He also
stated that there may be business items for the October 25, 1984 Planning Commission
meeting.
APPLICATION NOS. 84033 AND 84034 (Lombard Pr�oerti
Following the Chairman's explanation, the Secretary proceeded to review
Application Nos. 84033 and 84034, a request for site and building plan and special
use permit approval to construct a 75,109 sq.ft. office - industrial building at 6765
Shingle Creek Parkway and a request for special use permit approval for 52 off -site
accessory parkings stalls on the central parking lot. The Secretary reviewed the
contents of the staff report (See Planning Commission Information Sheets for
Application Nos. 84033 and 84034 attached). The Secretary noted a correction, that
the looping of the water lines referred to around the Spec. 10 building would instead
be looped down to Freeway Boulevard. He explained that this looping would be
completed later when the Spec. 12 site would be developed. He also expanded on the
condition regarding curb and gutter and explained the staff's recommendation for
Condition No. 14 to require a cash escrow for street cleaning associated with
development of the project.
Commissioner Sandstrom asked what if the developer can accomplish the street
sweeping more cheaply. The Secretary stated that that option was open now, but that
it was not being done. He stated that the City's only option right now to get the work
completed is to tag drivers for creating unsafe conditions on the City streets. He
stated that it has been a problem in association with the Spec. 14 building and that
an escrow would keep the cost of such cleaning from being born by the taxpayers.
Chairman Pro tem Manson asked the applicant whether he had anything to add. Mr. Janis
Blumentals, architect for the project, offered the Planning Commission colored
renderings of the site plan and building elevations.
10 -4 -84 -1-
. w
r
PUBLIC HEARING (Application Nos. 84033 snd 84034)
Chairman Pro tem Manson then opened the meeting for a public hearing on the special
use permit for office use in the Industrial Park and the special use permit for off-
site parking associated with the Spec. 10 project. She asked whether anyone present
wished to speak on the application. Hearing none, she called for a motion to close
the public hearing.
CLOSE PUBLIC HEARING
Motion by Commissioner Malecki seconded by Commissioner Ainas to close the public
hearing. The motion passed unanimously.
The Secretary asked Mr. Blumentals whether a color of block or brick had been decided
upon. Mr. Blumentals answered that dark brown had tentatively been chosen to offset
a white sign band.
Chairman Pro tem Manson then reviewed Condition No. 14 and asked the applicant
whether he had any objection to that condition. Mr. Mike Mallon, of Lombard
Properties, stated that the condition was acceptable. Chairman Pro tem Manson then
inquired as to the looping of the water line. The City Engineer explained that the
loop would be made to Freeway Boulevard in the future and not along the west side of
Spec. 10 as originally contemplated.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84033 '(Lombard Properties)
Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend
approval of Application No. 84033, subject to the following conditions:
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance
of permits,
2. Grading, drainage, utility and berming plans are subject to
review and approval by the City Engineer prior to the issuance of
permits. -
3. A site performance agreement and supporting financial guarantee
(in an amount to be determined by the City Manager) shall be
submitted prior to the issuance of permits to assure completion
of approved site improvements.
4. Any outside trash disposal facilities and rooftop mechanical
equipment shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire
extinguishing system to meet NFPA standards and shall be
connected to a central monitoring device in accordance with
Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all
landscaped areas to facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to
Chapter 34 of the City Ordinances.
10 -4 -84 -2- .
8. B612 curb and gutter shall be provided around all parking and
driving areas, except in the areas indicated on the site plan
where bituminous curbing may be used pending future development.
The financial guarantee shall be held until permanent B612 curb
and gutter is installed.
9. Plan approval acknowledges off -site accessory parking of up to 52
stalls from the central ,parking lot as provided for under
Application No. 84034.
10. The applicant shall provide a landscape plan for additional
coniferous plantings along the Shingle Creek Parkway and
decorative trees along the greenstrip south of Spec 11. This
plan shall be subject to approval by the City Council and shall
become a part of the development plans to be completed prior to
release of the financial guarantee required by Condition No. 3.
11. The special use permit is subject to all applicable codes,
ordinances, and regulations and any violation thereof shall be
grounds for revocation.
12. Special use permit approval acknowledges up to 50% office
occupancy in the Spec. 10 building. Any office occupancy over 50%
of the gross floor area is subject to amended approval of this
application and Application No. 84034.
13. As -built utility surveys for the development shall be submitted
to the Engineering Department prior to release of the financial
guarantee.
14. A cash escrow, in an amount to be determined by the City Manager,
shall be submitted to cover the cost of street cleaning
associated with the placement or removal of-fill on the site.
Voting in favor: Chairman Pro tem Manson, Commissioners Malecki, Sandstrom, Ainas
and Nelson. Voting against none. The motion passed.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84034 (Lombard Properties)
Motion by Commissioner Ainas seconded by Commissioner Malecki to recommend approval
of Application No. 84034, subject to the following condition:
1. Fifty -two (52) parking stalls to be constructed on Tract C,
R.L.S. 1564 shall be legally encumbered to the sole use of Tract B
of R.L.S. 1564. Said encumbrance to be subject to review and
approval by the City Attorney.
Voting in favor: Chairman Pro tem Manson, Commissioners Malecki, Sandstrom, Ainas
and Nelson. Voting against: none. The motion passed.
APPL ICATION NO. 84032 (L. Cramer Com an )
The Secretary then introduced the next item of business, a request for extension of
the special use permit approval granted under_ Application No. 83037 for an office
condominium project on R5 zoned land at the southwest corner of Brooklyn Boulevard
and I -94. The Secretary reviewed the contents of the staff report (see Planning
Commission Information Sheet for Application No. 84032 attached). The Secretary
also briefly reviewed the site plan layout with access onto Brooklyn Boulevard only
10 -4 -84 -3-
r
and a median in Brooklyn Boulevard requiring a right -in right -out access.
an .
Chairman Pro tem Manson then asked .the applicant whether e he had anything g to add. Mr
Larry Cramer explained that financing had been a problem over the past year, but that
this was now arranged although it was not a good time to begin construction. He
stated that the project would commence in the spring if all goes well. There followed.`
a discussion of the condition requiring a cash escrow to insure the cleaning of the
streets. Mr. Cramer asked whether a letter of credit could be posted rather than a
cash escrow. The Secretary stated that that could be looked at, but that he did not
want to commit to that at this time.
PUBLIC HEARING (Ap2li.cation No. 84032)
Chairman Pro tem Manson then opened the meeting for a public hearing and asked
whether anyone present wished to comment on the application. Mr. Gary Zimmermann,
owner of the property at 6527 Brooklyn Boulevard, expressed concern regarding the
ingress and egress onto Brooklyn Boulevard. He stated that it is very difficult to
get onto Brooklyn Boulevard now and that it will be more difficult with the
additional traffic added by the adjacent development. Chairman Pro tem Manson
acknowledged this comment, but responded that other permitted uses in the R5 zoning
district would probably pose a similar or worse problem. Mr. Zimmermann asked
whether a fence would be installed along the property line adjacent to his
residence. The Secretary responded that opaque fencing is required adjacent to Rl
property, but not R5 zoned property. He noted that on the plan, plantings alternate`
instead of fencing in areas where fencing already exists on private land. Chairman
Pro tem Manson explained that the Planning Commission could not legally require a,
screen other than adjacent to R1 zoned property.
B
CLOSE PUBLIC HEARING
Motion by Commissioner Malecki seconded by Commissioner Nelson to close the public
hearing. The motion passed unanimously.
Commissioner Nelson noted that Condition No. 2 of the original approval called for
fencing adjacent to all the neighboring residences, whether they were zoned Rl or
R5. The Secretary acknowledged this and asked the applicant whether he had any
objection to providing fencing adjacent to the R5 zoned residences. Mr. Cramer
stated that he wished to establish a visual break between the office condominium
development and the neighboring residences anyway and would be willing to put up a
fence if that was what was desired.
ACTION RECOMMENDING APPROVAL OF APPLICATION N0. $4032 (L. Cramer Com an )
Motion by Commissioner Ainas seconded by Commissioner Maleeki to recommend approval
of Application No. 84032, subject to the following condition:
15. Soil correction and introduction or removal of fill on the site
shall be subject to the issuance of a grading authorization by the
Director of Public Works and the Director of Planning and
Inspection. A cash escrow, in an amount to be determined by the
City Manager, shall be submitted to defray the cost of street
cleaning associated with the site preparation.
Voting in favor: Chairman Pro tem Manson, Commissioners Malecki, Sandstrom, Ainas
and Nelson. Voting against: none. The motion passed.
10 -4 -84 -4-
DI�'': ITEM (Acces� Apartments)
Thn`,�cretary then referred the Commission's attention to the material on accessory
apartments attached with the Planning Commission's agenda. He stated that a similar
article on home occupations was available and would be passed out to the Commission
in the future.
Chairman Pro tem Manson asked whether the Year 2000 Commission had any
recommendations on the accessory apartment issue. The Secretary answered that that
study group was not really trying to solve specific problems, but raise issues and
suggest procedural ways to address those issues.
ADJOURNMENT
Motion by Commissioner Nelson seconded by Commissioner Sandstrom to adjourn the
meeting of the Planning Commission. The motion passed unanimously. The Planning
Commission adjourned at 8:49 p.m.
C airman
10 -4 -84 -5-
- PIann Commission Information Sheet
Application No. 84033
Applicant: Lombard Properties
Location: 6765 Shingle Creek Parkway
Request: Site and Building Plan /Special Use
The applicant requests site and building plan and special use permit approval to
construct a 75,109 sq. ft. office- industrial building on Tract B, R. L. S. 1564,
immediately west of the Spec. 11 industrial building. The property in question is
zoned 1-1 and is bounded by MTC on the west, by the Spec. 9 industrial building on
the north, by the Spec-11 industrial building on the east, and by vacant I -1 zoned
land on the south to be used for a central parking lot and another office - industrial
building. Office use of a significant nature apart from an industrial use is a
special use in the I -1 zoning district. A similar use was approved for the Spec.
14 building under Application No. 84009.
The proposed Spec. 10 building is to gain access from the main:48' wide driveway
which surrounds the central parking lot and Spec. 14 site. Parking for the develop-
ment is based on 50% office use and 50% industrial use. The total parking requirement
is (37,554.5 . 800) = 47 + (37,554/37,554.5 x .0005 + 190) = 180 = 227 spaces. Of
these 227 spaces, 175 are to be provided on -site and 52 from the central parking lot.
This is more parking on -site and less off -site than was comprehended under the ori-
ginal approval for Spec. 10 with Application No. 80016. Preliminary layouts for
Spec. 10 and Spec. 12 would so reduce the need for off -site parking that it would
appear no ramp would be required to fulfill ordinance requirements, even with 50%
office occupancy. This is accomplished basically by going with somewhat smaller
buildings and much smaller loading dock areas. Five handicapped stalls are provided
near the building as required by code.
The landscape plan provides for a number of shrubs immediately adjacent to the
building and some larger decorative trees (Crab, River Birch, Buckthorn and Cranberry)
in the larger traffic islands on the site and in the central parking lot. A number
of planting beds adjacent to the building are to be planted with Pachysandra flowers.
The landscape plan also calls for a number of plantings (shrubs and decorative trees)
within a large green area in the central parking lot that is to serve as a deferred
parking area. Plantings are also scheduled in an open emergency drainage way between
rows of parking south of the building.
The grading plan provides that drainage will tend to flow toward the main traffic
island south of the building. Catch basins along this island and in the central
parking lot will convey runoff through storm sewer to the.City system in Shingle
Creek Parkway. In the event of a severe flood,water would also dump into the overland
drainage way within the traffic island and flow, for the most part overland, directly
into Shingle Creek. Bituminous or timber curbing has been indicated in most areas
south of the site (along the outer drive and in the central lot). Staff recommend
that the curbing along the large outer drive be concrete and that any temporary
curbing within the central lot be bituminous rather than timber curb. Concrete
5' id n m pavement, cross the outer drive and side w e a d embedded �n the pave a t, Spec. 10 p
parking lot, providing an aid to pedestrian traffic. Utility plans do not indicate
a looping of the water lines around the Spec. 10 site. This should be _revised to
provide looping prior to issuance of building permits.
10 -4 -84 -1- e
w
Application No. 84033 continued
The building plans call for 12''clear ceilings. Each tenant area will have access
to a loading berth, but spaces will not necessarily have berths of their own. This
is similar to the Spec. 14 design. The building exterior is to be face brick on
the east, south, and west elevations, with a 3' wide metal sign band about two-
thirds of the way up the wall. The north elevation of the building is to be scored
concrete block painted to match the color of the face brick. A band of the block
will be painted to match the sign band on the other three sides. This combination
of building treatments has been considered in other cases to be a consistent exterior
treatment. Along the south and part of the west elevations, there are to be large
sections of 7' high pre - finished bronze aluminum storefront windows. Pre- finished
bronze aluminum skylights will be provided above major building entrances. Security
lights are indicated above the loading dock areas along the rear of the building.
Site lighting is to be provided by 35' high lightposts indicated at about 200'
intervals within the main traffic island on the Spec. 10 site. No trash enclosures
have been shown on the plan. Generally trash containers need not be screened if
they are not visible from the street. The back of Spec. 10 and Spec.11 are fairly
open to the street. It is recommended that additional landscaping, such as coni
ferous trees, be provided in the greenstrip adjacent to Shingle Creek Parkway
between Spec. 9 and Spec. 11 to provide better overall screening of the loading
dock area.
In general, the plans appear•to be in order and approval is recommended, subject to
at least the following conditions:
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of
permits.
2. Grading, drainage, utility and berming plans are subject to review
and approval by the City Engineer, prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee (in
an amount to be determined by the City Manager) shall be submitted
prior to the issuance of permits to assure completion of approved
site improvements.
4. Any outside trash disposal facilities and rooftop mechanical equip-
ment shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing
system to meet NFPA standards and shall be connected to a central
monitoring device in accordance with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped
areas to facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter
34 of the City Ordinances.
8. B612 curb and gutter shall be provided around all parking and driving
areas. M
9. Plan approval acknowledges off -site accessory parking of up to 52
stalls from the central parking lot as provided for under Application
No. 84034.
10 -4 -84 -2
App' (,,; t. ion No 8 3 cont, i nuecJ
M. The applicant shall provide a landscape plan for additional coni-
ferous plantings along,the Shingle Creek Parkway and decorative
trees along the greenstrip south of Spec. 11. This plan shall be
subject to approval by the City Council and shall become a part
of the development plans to be completed prior to release of the
financial guarantee required by Condition No. 3.
11. The special use permit is subject to all applicable codes, ordi-
nances, and regulations and any violation thereof shall be grounds
for revocation.
12. Special use permit approval acknowledges up to 50% office occupancy
in the Spec. 10 building. Any office occupancy over 50% of the
gross floor area is subject to amended approval of this application
and Application No. 84034.
13. As -built utility surveys for the development shall be submitted to
the Engineering Department prior to release of the financial
guarantee.
14. A cash escrow, in an amount to be determined by the City Manager,
shall be submitted to cover the cost of street cleaning associated
with the placement or removal of fill on the site.
10 -4 -84 -3-
Planning Cortmiji ) , ,ion Information Sheet
Appl icot,ion No. 84034
Applicant: Lombard Properties
Location: 6765 Shingle Creek Parkway
Request: Special Use Permit /off -site accessory parking
The applicant requests special use permit approval to provide 52 off -site parking
stalls for the proposed Spec. 10 building on the central parking lot serving the
planned commercial industrial area north of Freeway Boulevard and west of Shingle
Creek Parkway. This application is in support of Application No. 84033 for site
and building plan approval. The Spec. 10 development requires a total of 227
parking stalls, 175 of which will be provided on -site. The remaining 52 spaces to
be provided from the central parking lot are the subject of this application.
This application is also an amendment of a previous special use permit for off -site
accessory parking granted under Application No. 82009. That approval acknowledged
up to 121 parking spaces from the central parking lot (Tract C, R.L.S. 1564) for
the use of Spec. 10 (Tract B, R.L.S. 1564). An additional 112 spaces were allocated
to Spec. 11. The parking space allocations are again to be rejuggled so that the
need for a'parking ramp will be less likely. If each parcel were allocated the
minimum necessary to meet parking requirements, the following parcels would be
entitled to the number of spaces shown below:
Parcel Development Allocation from Central Lot
Tract A, R.L.S. 1564 Spec. TT 73 02 at present
Tract B, R.L.S. 1564 Spec. 10 52
Tract A, R.L.S. 1572 Spec. 12 72 (43)
Tract B, R.L.S. 1572 Ramada 61
Tract G, R.L.'S. 1572 Spec. 14 82
Total 340
In light of a previously approved plan which provides for 340 parking stalls in the
central parking lot, the above allocation is recommended for approval for the
respective developments, subject to at least the followingcondition:
1. Fifty -two (52) parking stalls to be constructed on 'Tract C, R.L.S.
1564 shall be legally encumbered to the sole use of Tract B of
R.L.S. 1564. Said encumbrance to be subject to review and
approval by the City Attorney.
10 -4 -84
Planning Commission Information Sheet
Application No. 84032
Applicant: L. Cramer Company
0 Location: Southwest corner of I -94 and Brooklyn Boulevard
Request: Special Use Permit Extension
The applicant requests extension of the special use permit approval granted a year
ago for an office condominium development on the R5 zoned parcel at the southwest
quadrant of Brooklyn Boulevard and I -94. The property in question is bounded by
I -94 on the north, by ,Brooklyn Boulevard on the east and by single - family homes on
the south and west. Access to the development would be off Brooklyn Boulevard only.
Low rise (1 -3 storey) office uses are allowed by special use permit in the R5
zoning district.
The proposed use was granted approval under Application No. 83037 on August 22, 1983
following approval of a Comprehensive Plan amendment (Planning Commission Resolution
83 -3 and City Council Resolution 83 -130) to allow office or mid - density residential
development interchangeably along Brooklyn Boulevard. The project has been delayed
in attempts to line up financing, but should proceed with soil correction this fall
and winter and construction next spring.
The proposed _plan is unchanged; from that approved last year. Site plan approvals
are not subject to a one -year limitation. Therefore, the primary questions to be
addressed are concerning the office use itself which requires the special use permit
approval. For background on the site development plan, we have included the staff
report and minutes pertaining to Application No. 83037 for the Commission's con-
sideration.
A public hearing regarding this special use permit extension has been scheduled and
notices have been sent. Approval of the extension is recommended with all original
conditions to be continued. In addition, the following condition is recommended
15. Soil correction and introduction or removal of fill on the -
site shall be subject to the issuance of a grading authorization
by the Director of Public Works and the Director of Planning
and Inspection. A cash escrow, in an amount to be determined
by the City Manager, shall be submitted to defray the cost
of street cleaning associated with the site preparation.
10 -4 -84
i MEMORANDUM
Date: October 10, 1984
To: Gerald G. Splinter, City Manager
From: Peter M. Koole, City Assessor
Subject: Proposed Purchase of Old 7 -11 Store
I have enclosed the proposed purchase agreement at the price
negotiated - $150,000.00 - for the building and land at 1500
-69th Avenue North, the old 7 - 11 store. Also enclosed is
a review of this agreement by John Dean. In Mr. Dean's letter,
he outlines three areas of concern. Items One and Two are
merely his concern that we find out what our costs for these
services will be before we sign the agreement. Item Three
concerns whether or not this property is abstract or torrens
property. This property is registered property, according
to Hennepin County with a Certificate Number of 580467. The
Owner's Duplicate of Title is on file at Hennepin County, so
Item Three is not an issue.
The bottom ,line is that Mr. Dean recommends we execute this
agreement if we want to purchase the property at this price,
upon clarification of the first two items.
I have been in contact with Gail Rogers of Southland Corporation
regarding these concerns, and she has indicated they will send
us an estimate of the charges for Title Insurance and the escrow_
agent fees.
I am recommending that you ask the City Council to approve
authorization for the Mayor and City Manager to enter into
this purchase agreement subject to receipt of estimated fee
charges as outlined above that are usual and ".customary.
cc Paul Holmlund
Tom Bublitz
Enclosures
Lc l'e�crc:
Lef ler
Kenlxdy
O'Brien &
Dra-vvz
A 1'rofcmie)nal
Atisuriaion
2000 First Bank Place West October 8, 1984
Minneapolis
Minnesota 55402
Telephone 612- 333 -0543
Clayton L. LeFevere Mr. Peter Koole, City Assessor
Herbert P. Lefler 6301 Shingle Creek Parkway
J. Dennis O'Brien
John E. Drawz Brooklyn Center, MN 55430
David J. Kennedy
John B. Dean Re: Purchase Agreement - Southland Corporation
Glenn E. Purdue
Richard J.Schieffer (7 Eleven Store)
Charles L. LeFevere
Herbert P. Lefler III Dear Peter
Jeffrey J. Strand
Mary J. Bjorklund
Jorm G. Kressel At your request, I have reviewed the purchase
Dayie L. Noln
Lav agreement tendered b Southland for the p urchase of a
C�ndy L Lavorato g y �
Michael A. Nash 7- eleven store site in Brooklyn Center. The purchase
Luke R. Komarek agreement generally is in proper form and if executed
J oan N Ericksen b the p arties would result in the sale of the site
*e th D. Moran y p
Rice described in the agreement to the City for the stated
S.Clugg price. (I have not attempted to verify the accuracy of
James J. Thomson, Jr. the legal description.)
The purchase agreement is unusual in the following
ways:
1. It provides for an "escrow agent" who will actually
serve as closer on the transaction. The City will
be responsible for the agency fee, but the agreement
does not indicate what that fee might be
2. It requires that the buyer purchase title insurance
through the escrow agent. The seller and buyer
share equally in the cost of the insurance. The
fee schedule is not included and you perhaps
should know what your exposure will be.
3. Title examination is made from the title binder
rather than an abstract or RPA. While this is an
acceptable way to examine title, we should receive
an abstract from the seller if the property is
abstract property. In the event the City should
ever attempt to sell the property, we will need an
abstract (if abstract property). Consequently,
you should determine whether it is abstract property
and make arrangements with the seller to have the
abstract delivered to us.
Mr. Peter Koole, City Assessor
Page Two
October 8, 1984
Subject to the foregoing limitations, I would
recommend that the City authorize execution of the
tendered purchase agreement.
At your direction I am enclosing the purchase
agreement previously furnished this office.
Respectful y yours.
r Jhn B. Dean
JBD:lr
Enc.
CZ a ' t 1,
M s ��
C\J ,}U�Nj
PKUI'I:I:IY y
SALLS CONTRACT
1. PARTII S. This Contract is het.wc en City of l lro�klyn Cent
r > Tho S ."math itond Cor o ntlrm (herein "SELLER ").
fl►ervitb "BUYER
' ); an <! _ -_ —_-
2. PREM?F;IS, SELLER al;r';e s to sell and convey to BUYER and BUYER agrees to buy and pay
foarthe real pronwt'i in the C ity c,i_,__ Brooklyn Cent - County of 1 ,
aw State of Minnesoi�L _,described on. exhibit A attached and included by this reference,
t(rgether with a` 6inprovcmen.ts,.r &Ls, and appurt�enzoics on or pertaining thereto, including SELLER'S
r*bt, title, and irlerest in adj,)( e. public streets, a1k:.ys or rights -of -way (herein collectively the "PRO-
KRTY "). This ;Con tractt Js.a co all fixtures anti 'srticles of personal property situated on the PRO -
PERTY and ci %vctad by SEI r EI ' . ncluding but riot limited to air conditioning and heating equipment,
underground vir 4s, lip -it fi,,,t:a!-t. an-d :alil such fixtures and articles of personal property are
included in the.I'd RCIIASE.F'L:IJE set forth in Article 4 below.
3. ESCRVAV AGENT.' 7lie ! parties agree that Lawyers Title Insurance Corporation or its designated
affiliate (herein "ESCROW A'LL ") shall act as ESCROW AGENT and shall receive and deliver all
documents oc instruments in I receive and disburse all sums of money according to the terms of this
Contract and the written iir,~ructions of the parties. The fee or charge of ESCROW AGENT shall be
shared equally by the partim
4. W.SSIDERATION.. The purchase price is One Hundred Fifty Thousand
Dollars (S 150,000.00 ) (herein the "PURCHASE PRICE "), of which
One: Thousand & To/ 00 Dollars
1, 000.00
(S ) is an earr:,ist money deposit on account with ESCROW AGENT (herein the "EARNEST
MONEY "), which EARNEST MONEY and the balance of the PURCHASE PRICE shall be paid to
SELLER, by certified or cashier's check, at the CLOSING (as hereinafter defined).
5. TITLE. (a) At BUY'ER'S expense, BUYER shall obtain through ESCROW AGENT preliminary
title documentation and a s,:zndard owner's title insurance policy (herein the "TITLE POLICY "). Within
thirty (30) days of SELLER'S execution of this Contract, a preliminary title report or binder (herein
the "BINDEF ') shall be issued giving the current condition of title to the PROPERTY.
(b) From the date of receipt of the BINDER by BUYER, BUYER shall have thirty (30) days
to examine same" If, in the opinion of BUYER, the BINDER shows good and merchantable title in fee
simple in SELLER such as ESCROW AGENT will insure as provided herein, this transaction shall be
closed (herein the 'CLOSING "') within twenty (20) days after the end of the examination period.
SELLER agrees, when the title objections have been met or waived, to deliver a good and
sufficient Spezia) Warranty De.d conveying the PROPERTY to BUYER, and BUYER agrees, when the
Deed is tendered, to pay the balance of the PURCHASE PRICE.
BUYER agrees that any restrictions or conditions imposed in any addition or subdivision of
which the PROPERTY is a part, or any existing parry wall agreements or easements for utility purposes,
shall not be considered as objections to title or an encumbrance on the PROPERTY. At the CLOSING,
BUYER shall pay the premium for the TITLE POLICY, and other amounts shall be prorated as agreed
herein. ,
(c) Within the title examination period provided in Article 5(b), BUYER will notify SELLER
of BUYER'S title objections. SELLER agrees to make all reasonable efforts to cure such objections
within thirty (30) days of receipt of notice from BUYER, and to notify BUYER of the curative matters:
however, SELLER shall not be required to expend a surn exceeding One Thousand Dollars (S 1,000.00)
or file a suit to clear title or tale other substantial steps of a similar nature unless it elects to do so.
BUYER shall have twenty (30) clays to examine curative matters. If title is then approved by BUYER,
this transaction shall close in accordance with Article 5(b). If title has not been approved within the
specified period of time. BUYER shall have an additional fifteen (l 5) days to either waive or cure its
objections if it so de:ures.. If such objections have not then been cured, BUYER may elect either to close
the transaction notwithstanding, the objections, or BUYER may terminate this Contract and the EAR-
NEST MONEY deposit shall be returned to BUYER.
6. RISK OF LOSS. SELLER shall bear the risk of condemnation and the risk of loss, damage or
destruction of the PROPERTY by fire or otherwise until the CLOSING. BUYER shall have the option
to terminate thixContract upon any material change in the PROPERTY prior to the CLOSING from any
cause whatsoever:
7. CONDITION OF PROPERTY. Possession of the PROPERTY, shall be delivered to BUYER at
the CLOSING, ft
.e of all leases, tenancies, and occupancies, in the same condition and state: of repair
1fomm 44OW36 6182
Ri ;3
'aS ills tfie 't ,lit' (,I CVCI I1t1i711 �It till, (_�illtr l i, ltu 1 i f�_, ,litlt" :4t tillt'i- tU tlt�i,(f.,i '.fit ,Ir, lt'.iC, ,l(l't U'x
sutcc
that date, B(JYLR hereby acknowledyc% that it hay iwipvcted the I'RUi'LR 1 } and all hNimes Arid
articles of Eger, <in.rl property, if ,nry, to Ile conveye(I Ileieun� er an that itUYI`.R ac�.l the PI�t)1'l I; I Y
and any fixtures mid articles of pel.%onal property in their AS IS, WIILRI* IS unclltion as of the date u IF
BUYER'S t:xecution of this Contract.
TAXES, ASSESSMENTS, AND OTHER PROBATIONS. All real estate taxes pertaining to the
PROPERTY shall be pro fated between BUYIT and SI :1,1u1 :.R as of the CLOSING. if at the CLOSING
SI:L11._R h;s raid the tficn ctill. year's taxes, copies of' the i ceipt(s) ~hall be furnished to BUYLR and
t di rece'i ! {s)> ,ball be the 'basis Sor proration. if SLLLLR has received but iias not paid statenient(5) for
nett: it en curl cnt year's taxes, then said %tatenient(s) shall be the basis for proration. if at the CLOSING
been received b SELLER
a � ricnt s has(have)
tl�tt'`,t�.`ce.s fo,rthe current y�e.ir lr�;�ve not b.cn paid and Ho te,r {) Y
bstft ,r3Uti e(s) of valuation hi, '(have) been received by SELLER, then said notice(s) of valuation times
t1hr previous year's tax rztir !loll be the basis for proration, and it shall be the obligation of BUYER to
make payment of said carTent year's taxes. If none of the above situations exist at the time of the
CLOSING, the basis of proration shall be 1007o of the previous year's taxes and SELLER agrees to
furnish BUYER copies of the receipt(s) for the said previous year's taxes, and it shall be the obligation of
BUYER to make payment of the then current year's taxes.
All rents, if any, attributable to the PROPERTY, shall be prorated as of the CLOSING.
If at the CLOSING, the PROPERTY or any part thereof shrill be or shall have been affected by
an assessment -or assessments which are or may become payable in annual installments, only the current
doze installment, if any, shall be prorated as of the CLOSING and all of the unpaid installments of any
such assessment, including those which are to become due and payable after the CLOSING, shall be the
sole responsibility of BUYER.
9. DEFAULT. If BUYER defaults in its performance under this Contract, SELLER shall have the
right to retain the EARNEST MONEY and to pursue any available legal remedy including, without
limitation, specific performance. If SELLER defaults in its performance under this Contract, the EAR-
NEST MONEY shall be' refunded to BUYER; and BUYER may enforce specific performance of this
Contract.
10. BROKERAGE CHARGES. NA agrees to pay to NA
(herein the "BROKER ") a commission of S NA
for negotiating this Contract. The right to such commission shall irrevocably vest and be payable upon
the CLOSING, except if this Contract is not consummated by reason of BUYER'S default and SELLER
does not elect to enforce specific performance. the commission shall not exceed one -half of the EAR
NEST MONEY which is forfeited. BUYER represents and warrants to SELLER that the BROKER is the
sole and exclusive broker or finder in this transaction of which BUYER has any knowledge.
s
11. NOTICES. Any notice hereunder shall be in writing'and shall be deemed to have been properly
• given when sent by United States Certified ;Mail, Return Receipt Requested, postage fully prepaid, to
the addresses which follow:
SELLER:
The Southland Corporation
Attn.: Real Estate Services
2828 N. Haskell Avenue
Dallas, Texas 75204
BUYER:
City of Brooklyn Center
Attn: Peter M. Koole
6301 Shingle Creek Parkway
Brooklyn Center, HN 55430
ESCROW AGENT:
Lawyers Title Insurance Corporation
P.O. Box 2280
Dallas, Texas 75221
12. GENERAL.
a Time is of
the essence in this Contract. This Contract constitutes the entire agreement
'between the parties and may not be changed except by written agreement.
f shrill inure to the benefit of and be binding u p arties hereto .on the
hereo b P P
b
The pro
and, their respective heirs, legal representatives, successors, and assigns.
totem 44000 6182
Ps" 2 ora
7 co iT=l= (a "Ncither t',rantee Ilor 16% successors, a5sif''rls or legal representatives, lessees, ( 1 lessees,
S11a ndUCt or a illit the Co11dt1Ct on the jueini%es of, and the piopet'ty sh never tl scd for:
• ret ail O d sh
dai i, a g convenience store scihnl, at ret t any f o .p o p roducts, N p ro-
ducts, '1•ecr,. % •ti err oilier Acoholic bcv(- raj f� : -' rtsurllptiun off the premises;
u. t11r a.t d s. o
"^ a' 1 al t, f an fo t (� food p ,
ro aZ wine or other alcoholic beverages
for co+�1simption oil Or oil" !iL , r
m aatc,lparts or autos store or fo a retail sale of auto parts, supplies, acres -
so rics � other aut tive- ralated products„
iv. the srdt, . motor fuels aadipetroleum products."
6) 1y building or structure hereafter constructed or any addition to an isting building
o n the
rt shall be set back from
o that the
y
wall' thereof shall be no closer to the right of way line of sue reet
14.- OTHER PROVISIONS.
This sale does not include personal property used in the operation of a
7- Eleven store. This sale does Include the underground gasoline storage tanks.
Prior two the date of closing, SELLER will remove all such personal property.
BUYER assumes all responsibility for the underground gasoline storage tanks.
tSflA! r,. r_t ���..4' t.a ., .. :�.. ...- •. ... .._:.`: .. — . -..f.. .._ .. ... .. .. .. ...
1
15. ENTIRE AGREEMENT. This Contract merges all prior negotiations and understandings between
the parties and constitutes their entire agreement which is binding upon BUYER when executed by
BUYER, and is binding upon SELLER only if executed by a Vice President of SELLER, regardless of
any written or verbal representation of any agent, manager, or other employees of SELLER to the
contrary.
EXECUTED by BUYER this day of , 19
BUYER BUYER
B By: (Seal)
EXECUTED by SELLER this day of 19 - .
ATTEST: SELLER
B B (Seal)
Assistant Secretary Vice President
BROKER:
B y:
EXHIBIT A ` EXHIBIT B O EXHIBIT C
(Legal Description) (Plot Plan)
form 4400036 6/81
Pipe 3 of 3
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Lot 2, Block 1 of Horbal's Addition, Brooklyn Center,
Manuepin County, Minnesota.
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MEMORANDUM
TO: Gerald G. Splinter, City Manager
rROMc Tom Bublitz, Administrative Assistant
DATE: October 12, 1984
SUBJECT: Office of Revenue Sharing 504 Handicapped Accessibility Requirements
The history of 504 goes back to 1973 when Congress passed the Rehabilitation
Act of 1973. Section 504 of that law states that "no otherwise qualified
handicapped individual in the United States shall, solely by reason of his
handicap, be excluded from the participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving federal
financial assistance ".
The final regulations for implementation of 504 were not published until 1977
when the Department of Health, Education and Welfare (now Health and Human -
Services) finalized their regulations for 504. Some 30 federal agencies have
now prepared separate regulations on 504; however, the HEW regulations were
used as a model for other agencies.
On August 25,_1980, in compliance with Section 504 requirements, the City of
Brooklyn Center began developing a 504 program and appointed City Manager
Gerald Splinter as the 504 coordinator responsible for the City's 504 program.
The actual 504 program was developed by the City's Human Rights Commission,
City staff and a consultant in the area of handicapped accessibility.
The City's program consisted of the following:
1. A self evaluation which evaluated all City owned and leased
facilities with regard to their accessibility by handicapped
persons.
2. Preparation of a transition plan that identified physical
obstacles in facilities and detailed methods to remove obstacles
to provide accessibility to handicapped individuals.
The 504 plan focused on physical access of City owned and leased facilities.
The final document consisted of about 200 pages of evaluation of City buildings
and parks with regard to their accessibility by handicapped individuals and
specific recommendations for any modifications necessary to make facilities
accessible. The document was accepted by the City Council on March 22, 1982.
Since the City's adoption of a 504 program in 1982 the Office of Revenue
Sharing has issued their own 504 regulations which require some additions to
the City's existing 504 program.
The Office of Revenue Sharing 504 requirements require the following for revenue
sharing recipients:
1. Prepare a self evaluation and transition plan by October 17,
1984. These items were completed by the City in March 1982.
2. Designation of a responsible employee to administer the 504
requirements. City Manager Gerald Splinter was appointed as 504
coordinator in August 1980.
3. Adoption of a grievance procedure for resolution of complaints
regarding 504 requirements by October 17, 1984. A formal grievance
procedure has been prepared for Council consideration this
evening.
Additionally, after discussing our existing 504 program with the consultant
who assisted in preparing it, she pointed out that the Office of Revenue
Sharing regulations focus on program accessibility. The City's 504 plan stresses
physical accessibility and structural modifications to buildings. Program
accessibility means that all programs and activities of the recipient must be
accessible to the handicapped when any program or activity is viewed in its
entirety. In the City's case it would include recreational programs, public
meetings, senior citizens programs, employment programs, etc.
Some specific examples of requirements under 504 include the following:
1. An individual was fired from a truck driving job because he wore
a hearing aid. In this case the person was reinstated to his
job because it was determined to be discriminatory to fire him
merely because he wore a hearing aid.
2. A high school student was denied participation on a high school
football. team because of a loss of a kidney due to a congenital
malformation at the age of two. It was determined that it was
discriminatory to deny him participation merely because he had
only one kidney.
The bulk of the 504 cases are in the area of access to educational programs
but similar situations could occur in City operated programs ranging from
access to aerobics classes, tennis lessons, public meetings, etc.
Because of the Office of Revenue Sharings emphasis on program access it is
important that the City's plan include an addition or addendum addressing the
program access issue. I am currently working with our consultant on the
City's original 504 plan to develop an addendum to the. original plan which
will address program accessibility.
CITY OF BROOKLYN CENTER
Section 504 Grievance Procedure
Required under revenue sharing regulations (31 C.F.R. 51.55 (d)(2))
The City of Brooklyn Center has adopted an internal grievance procedure providing for
prompt and equitable resolution of complaints alleging any action prohibited by the
Office of Revenue Sharing's (ORS) regulations (31 C.F.R. 51.55 (d) (2)) implementing
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794). Section 504
states, in part, that "no otherwise qualified handicapped individuals... shall, solely by
reason of his handicap, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving federal financial
assistance..."
Complaints should be addressed to: Gerald G. Splinter, City Manager, City of Brooklyn
Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, who has been
designated to coordinate Section 504 compliance efforts.
1. A complaint should be filed in writing or verbally, contain the name and address of
the person filing it, and briefly describe the alleged violation of the regulations.
2. A complaint should be filed within 21 days after the complainant becomes aware of
the alleged violation. (Processing of allegations of discrimination occurring
before this grievance procedure was in place will be considered on a case -by -case
basis.)
3. An investigation, as may be appropriate, shall follow a filing of a complaint. The
investigation will be conducted by City Manager, Gerald G. Splinter or his
designee(s). These rules contemplate informal but thorough investigations, affording
all. interested persons and their representatives, if any, an opportunity to submit
evidence relevant to a complaint. Under 31 C.F.R. 51.55 (d) (2), the City of
Brooklyn Center need not process complaints from applicants for employment or from
applicants for admission to post- secondary educational institutions.
4. A written determination as to the validity of the complaint and description of
resolution, if any, shall be issued by City Manager, Gerald G. Splinter and a copy
forwarded to the complainant no later than 21 days after its filing.
5. The Section 504 coordinator shall maintain the files and records of the City of
Brooklyn Center relating to the complaints filed.
6. The complainant can request a reconsideration of the case in instances where he or
she is dissatisfied with the resolution. The request for reconsideration should be
made within 10 days to Personnel Coordinator, Thomas Bublitz.
7. The right of a person to a prompt and equitable resolution of the complaint filed
hereunder shall not be impaired by the person's pursuit of other remedies such as
the filing of a Section 504 complaint with the Office of Revenue Sharing, U.S.
Department of the Treasury. Utilization of this grievance procedure is not a
prerequisite to the puursuit of other remedies.
8. These rules shall be construed to protect the substantive rights of interested
persons, to meet appropriate due process standards and to assure that the City of
Brooklyn Center complies with Section 504 and the ORS regulations.
a
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Tom Bublitz, Administrative Assistan
1
DATE: August 15, 1980
SUBJECT: 504 Program
In September 1973, Congress passed a law that prohibits discrimination
on the basis of physical or mental handicap in every federally assisted
program in the country. That law is Section 504 of the Rehabilitation
Act of 1973. Section 504 states that: "no otherwise qualified handicapped
individual in the United States shall; solely by reason of his handicap,
be excluded from the participation in, be, denied the benefits of or be
subjected to discrimination under any program or activity receiving
federal financial assistance
i
In April 1977, the final Section 504 regulation-was issued for all
recipients of funds from HEW, including elementary and secondary schools,
colleges, hospitals,-and social service agencies. Some thirty federal
agencies are now writing regulations to implement Section 504. HEW, now
divided into the Department of Health and Human Services and the Depart -
ment of Education, was designated as the lead agency to develop the
regulations and it is anticipated that most of the other federal agencies
will follow the HEW guidelines as a model. The final HEW regulations
were not adopted until 1977. As of March 1, 1980, only six federal
agencies have promulgated final regulations for Section 504.
Section 504 of the Rehabilitation Act of 1973 is a civil rights statute
comparable to other.national attempts to obtain equal opportunity for
particular segments of society. The law promotes the concept of equiva-
lent, as opposed to identical, services and acknowledges the fact that
in order to meet the individual needs of handicapped persons to the same
extent of nonhandicapped persons, adjustments to regular programs may
sometimes be necessary. In fact, identical treatment may constitute
discrimination.
i.mi ion
Under Section 504 there is a y g p
positive duty for agencies and municipalities'
receiving federal funds to adopt programs and services to provide equal
effective treatment and opportunities to affected handicapped persons
within their jurisdiction. This "positive action" requirement can impact
cities in their roles as employer and as- provider of services. As
employers, cities must make reasonable accommodations for qualified
handicapped persons unless the accommodation would cause the city an
undue hardship. As providers of services, cities must make programs
-operated in existing facilities readily accessible, insure that newly
constructed facilities are barrier -free and operate their programs in a
nondiscriminatory manner. Title V of the Rehabilitation Act sets forth
the civil rights protecting handicapped persons. Section 504 prohibits
discriminatory acts against qualified persons in employment and in the
operation of programs and activities receiving federal funds..
a
Gerald G. Splinter -2- August 15, 1980
The definition of a handicapped individual for purposes of Section 504 is
as follows:
1. Has a physical or mental impairment which substantially limits
one or more major life activities;
2. Has a record of such impairment;
3. Is regarded as having such impairment.
An individual who meets the criteria of any one category is a handicapped
individual for the purposes of Section 504.
Section 504 requires that any governmental unit with fifteen or more
employees must appoint a 504 coordinator. The governmental unit must also
.conduct a self- evaluation report which essentially reviews.program policies
and employment policies with regard to 504. This report is not submitted
to any federal agency but is kept on file by the governmental unit as
proof of compliance with Section 504. As a response to the self - evaluation
report it is required that the governmental unit prepare a transition plan,
which would describe how the city would provide for the elimination of
' physical and program barriers.
The emphasis of Section 504 is on program accessibility, and as stated in
the HEW rules and regulations, "a recipient shall operate each program or
activity to which this part (Section 504) applies so that the program or
activity, when viewed in its entirety, is readily accessible to handicapped
persons. This paragraph does not require a recipient to make each of its
existing facilities or every part of a facility accessible to and usable
by handicapped persons ".
The first task is' clearly the self - evaluation of the City's programs and
facilities. I believe the Brooklyn Center Human Rights Commission could
do a creditable job developing a 504 program. My specific recommendations
are to request the City Council to appoint a 504 coordinator and to refer
the 504 program to the Brooklyn Center Human Rights Commission.
TB:ln
s.
* I LL1 1 1 � 1
����
league of minnesota citi
October 4, 1984
TO: Mayors, Manager, and Clerks
FROM: Stan Peskar, General Counsel
RE: PERA -- Appointment of John Allers
Attached are several newspaper articles that express my concern about the
appointment of John Allers as interim director of PERA.
I think that cities and city employees should be very concerned about the lack
of an open and above board appointment process and that the executive
directorship of PERA has been turned over to an individual du 1 without even a
minimal investigation into his qualifications to meet the requirements under
PERA policies. Certainly, by industry standards, Mr. Allers is not at all
qualified. This appointment,
• q even in the interim, is not in the best interest
of PERA or its members.
Also attached is a copy of our complaint against the PERA Board members who we
feel violated the Open Meeting Law. We will also pursue actions which we feel
violate the fiduciary responsibility of Board members who have supported the
Allers appointment.
Additionally, the League of Minnesota Cities Board, at its next meeting, will
consider a resolution requesting a legislati '
q $ g ive review of PERA. Your city's
assistance would be helpful in several ways:
1) Post copies of the newspaper articles in several areas: lounge areas
or on bulletin boards used for employee information dissemination or
use other appropriate methods of communication. Employees may want to
write individually or collective) petition PERA the legislature, y p 1 g slature, and
the governor for an investigation and other action.
2) Ask the city council to pass a resolution similar to the sample
enclosed or write a letter expressin g concern.
3) Mail your resolution or letter to the Governor, area legislators,
PERA, LMC and the chairman of the Pension_ Commission, the chairman of
the House Subcommittee on Pensions and Investments, and the chairman
of the Senate Governmental Operations Committee. (See attached
addresses.)
• I want to thank you for our immediate attention tention to this matter..
SP : lw :
1 88 university avenue east, St. pawl, minnesota 55101 (61 2) 227 -5600
Q
SAMPLE RESOLUTION
RESOLUTION
RESOLUTION -ON THE PUBLIC EMPLOYEES RETIREMENT SYSTEM
WHEREAS, Most of the employees of the city of
belong to the Public Employees Retirement Association; and
WHEREAS, A number of Public Employees Retirement Association Board members
have raised significant questions relating to PERA Board election procedures,
to the appointment process used to hire an interim Executive Director of the
Public Employees Retirement Association, as well as other administrative
matters; and
WHEREAS,the present method for electing PERA board members results in
electing only those with such financial backing as to permit expensive mailed
information campaigns, permitting a single organization or individual to
and membershi •
determine board and p,
WHEREAS, greater diversity on the board would assure that decisions of
that body are better considered;
NOW THEREFORE BE IT RESOLVED that the city council of
Minnesota, requests the following actions:
1. That the legislature conduct an investigation into PERA Board
election practices and also into the administration of PERA.
2. That the legislature consider amending the statutes which determine
the method by which the PERA board is constituted to provide that three fewer
members shall be elected by the PERA general membership and three additional
members shall be.appointed by the governor from among non PERA member citizens
of Minnesota.
3. That immediate action be taken to remove the interim Executive
Director and to provide for an open process to select a Public Employees
Retirement Association Executive Director.
Adopted by the Council on
Attest
City Clerk Mayor
I�
•
ADDRESSES REFERRED TO IN ITEM "(3)" OF THE MEMO:
The Honorable Rudy Perpich
Governor
State of Minnesota
State Capitol
St. Paul, MN 55155
Cecil Halter, Chairman
PERA Board of Trustees
203 Capitol Square Building
550 Cedar Street
St. Paul, MN 55101
Chairman
Legislative Commission
on Pensions and Retirement
49 State Office Building
St. Paul MN 55155
Honorable Donald M. Moe
Chairman, Senate
Governmental Operations Committee
309 Capitol
St. Paul, MN 55155
Honorable Wayne Simoneau
Chairman, House Subcommittee
on Pensions and Investments
224 State Office Building
St. Paul, MN 55155
SEE ATTACHED SHEETS FOR ADDRESSES OF AREA LEGISLATORS
PHILLIPS LEGISLATIVE SERVICE, Inc.
459 RICL SIRIAA . S1. PAUL. MINN. 55103 TLLL•PHQNE 227.7771
January 30th, 1984
MEMBERS OF HOUSE - 1984 MINNESOTA LEGISLATURE
x Lemocratic- Farmer Labor (DFL)
* Independent- Republican (I -R)
NAME DISTRICT ADDRESS
x Anderson, Bruce W. (Buzz) 28A 3316 Maple Av., Slayton 56172
Anderson, Glen H. 20A Rt. 1, Box 9, Bellingham 56212
* Anderson, Robert A. (Bob) 10B Box 28, Ottertail 56571'
• Battaglia, David P. 6A 1803 - 7th Av., Two Harbors 55616
• Beard, Patrick W. 56B 8236 Hames Road, Cottage Grove 55016
• Begich, Joseph R. 6B 1001 W. 2nd St., Eveleth 55734
* Bennett, Tony L. 53A 4131 N. Victoria, Shoreview 55112
x Bergstrom, Donald E. 18B 141 Forest Rd., Big Lake 55309``
• Bishop, David T. 33B 1185 Plummer Circle, Rochester SS901
• Blatz, Kathleen A. 41B 9701 Portland Av. S. Bloomington 55420 •
• Boo, Benjamin 8B 102 E. Arrowhead Rd., Duluth 55803
• Brandl, John E. 62B 310 W. Elmwood P1., Mpls 55419
• Brinkman, Bernard J. 16B Box 459, Richmond 56368
• Burger, John 43A 3750 Bayside Road, Long Lake 55356
• _Carlson, Douglas W. 14B Sandstone 55072
• Carlson, Lyndon R. 46B 8216 35th Av. N., Crystal 55427
• Clark, Janet H. 60B 3439 11th Av. S., hJpls 55407
• Clark, Karen J. 60A 2918 Columbus Av. S., Mpls 55407
• Clawson, John T. 19B Box 511, Lindstrom 55045
• Cohen, Richard J. 64B 591 S. Cretin Av., St. Paul 55116
• Coleman, Sharon L. 51A 8324 Westwood Rd. NE, Spring Lake Park 55432
* Dempsey, Terence M. 23A 309 S. Minnesota St., New `Ulm 56073
* Den Ouden, Gaylin 21B Box 205, 112 6th St, Prinsburg 56281
* Dimler, Charles H. 36A 7203 Kiowa Circle, Chanhassen 55317
• Eken, Willis R. 2B Twin Valley 56584
• Elioff, Dominic J. SA 328 6th St. S., Virginia 55792
• Ellingson, Robert L. (Bob) 47B 5453 Bryant Av. N., Brooklyn Center 55430
Erickson, Wendell 0. 27B Box 575 Hills 56138
* Evans, Stephen J. (Jim) 10A 1424 Lori Av., Detroit Lakes 56501
Findlay, Gary L. 11A Rt. 2, Box 125, Herman 56248
Fjoslien, David 0. 11B Rt 1, Brandon 56315
+ Forsythe, Mary M. 42B 5308 Brookview Av., Edina 55424
* Frerichs, Donald L. 32A 2234 Merrihills Dr. SW, Rochester 55901
• Graba, Jerome C. (Jerry) 12A Rt 2, Sebeka 56477
• Greenfield, Leon E. 61A 2308 32nd Av. S., Mpls 55406 i
* Gruenes, David B. 17B 1013 State Aid Road 4, St. Cloud 56301
X Gustafson, Ben E. 7B 816 W. 4th St.-, Duluth 55806
* Gutknecht, Gilbert W. 33A 3812 16th Av. NW, Rochester 55901
HOUSE MEMBERS Page 2
January 30th, 1984
NAME DISTRICT ADDRESS
* Halberg,, Charles C. 38A 15421 Bryant Av. S., Burnsville 55337
(Chuck.)
* Haukoos, Melvin Robert 31A 1502 S. Broadway, Albert Lea 56007
(Bob)
* Heap, James C. 45B 6028 Golden Valley Rd., Golden Valley 55422
* Heinitz, 0. J. (Lon) 48A 2555 Queensland Lane, Plymouth 55447
Himle, John S. 41A 9254 Hyland Creek Road, Bloomington 55437
* Hoberg, Dwaine H. 9A 1319 16th Av. S., Moorhead 56560"
x Hoffman, Charles M. 55B 2250 Orwell Av., Stillwater 55082
Hokr, Dorothy I. 46A 8308 40th Av. N., New Hope 55427
x Jacobs, Joel 49B 2608 - 116th Lane NW, Coon Rapids 55433
* Jennings, David M. 29A Rt. 1, Truman 56088
x Jensen, Robert C. 36B 17995 Flagstaff Av. W., Farmington 55024
* Johnson, Virgil J. 34A Rt. 2, Box 88, Caledonia 55921
• Kahn, Phyllis L. 58B 100 Malcolm Av. SE, Mpls 55414
• Kalis, Henry J 29B Rt. 1, Box 55, Walters 56092
• Kelly, Randy C. 67A 1901 E. Hyacinth Av., St. Paul 55119
* Knickerbocker, Gerald C. 43B S312 Rogers Drive, Minnetonka 55343
• Knuth, Daniel J. 52B 2259 Rockstone Lane, New Brighton 55112
• Kostohryz, Richard J. S4B 2478 E. Indian Way, No. St. Paul 55109
• Krueger, Richard A. 12B $24 N, 6th, Staples 56479
* Kyam, Adolph L. 21A 25 W. Lockerbie, Litchfield 55355
x Larsen, Ernest A. 50A 7229 153rd Lane NW, Anoka 55303
* Levi, Constance M. 55A 50 Penisula Rd., White Bear Lake, Dellwoc
• 55110
x Long, Devona A. (Dee) 59A 2409 Humboldt Av. S., Mpls 55405
* Ludeman, Cal R. 27A Rt, 2, Box 20, Tracy 56175
x Mann, George L. 28B Rt. 4, Windom 56101
• Marsh Marcus M. 17A 1172 8th Av. N., Sauk Rapids 56379
• McDonald, Kenneth J. 35B 301 Carter St., Watertown 55388
x McEachern, Robert 0. 22A 601 Walnut Av. N., St. Michael 55376
* McKasy, Bert J. 39A 716 Roundhill Road, Mendota Heights 55118
• Metzen, James P. 39B 312 Deexwood Ct., South St. Paul 550
• Minne, Lona A. 5B RR 1, Box 74, Hibbing 55746
• Munger, Willard M. 7A 1121 S. 70th Av. W., Duluth 55807
• Murphy, Mary C. 8A 6794 Arrowhead Road, Hermantown 55811
• Nelson, Darby M. 49A 1013 Vera St. , Champlin 55316
• Nelson, Kenneth G. 62A 4201 Garfield Av. S., Mpls 55409
• Neuenschwander, Robert W. 3A 200 Second Av., International Falls 56649
• Norton, Fred C. 65A 294 Laurel Av., #4, St. Paul SS102
• O'Connor, Richard M. 66B 657 Case St., St. Paul 55106
• Ogren, Paul Anders 14A Fleming Rt., Aitkin 56431
• Olsen, Sally 44A 3307 Decatur Lane, St. Louis Park 55426
• Omann, Bernard (Ben) 16A Rt. 1, St. Joseph 56374
• Onnen, Tony D. 22B Rt. 2, Box 211, Cokato 55321
• Osthoff, C. Thomas (Tom) 66A 766 W. Maryland Av., St. Paul 55117
• Otis, Todd H. 59B 4152 Colfax Av. S., Mpls 55409
* Pauly, Sidney 42A 17450 W. 78th St., Eden Prairie 55344
x Peterson, Jerome F. (JP) 18A 306 6th Av. S., Princeton 55371
• * Piepho, Mark J. 24A 209 W. Sth St., Mankato 56001
x Piper, Patricia K. 31B 1000 - 24th St. NW, #211, Austin 55912
x Price, Leonard R. 56A 6264 Applewood Road, Woodbury 55125
® HOUSE MEMBERS - Page 3
January 30th, 1984
NAME DISTRICT ADDRESS •
x Quinn, R. Joseph (Joe) SOB 12826 Tyler St. NE, Blaine 55434
• Quist, Allen J. 23B Rt. 3, Box 33, St. Peter 56082
• Redalen, Elton R. 32B Box 110, Fountain 55935
• Reif, Robert W. (Bob) 53B 2344 S Shore Blvd., White Bear Lake 55110
• Rice, James I. 57A 2220 Vincent Av. N., Mpls 55411
• Riveness, Phillip J. 40B 9215 Syndicate Av. S., Bloomington 55420
• Rodosovich, Peter G. 25B 224 NW lst Av. Apt. 3, Faribault 55021
• Rodriguez, Carolyn D. 37A 14215 Drexel Court, Apple Valley 55124
• Rodriguez, Frank J., Sr. 658 239 E. Robie St. , St Paul 55107
* Rose, John T. 63A 2500 Fernwood St., Roseville 55113
x Sarna, John J. 58A 2837 Ulysses St. NE, Mpls 55418
* Schafer, Gary L. 35A Box 51, 438 E. 11th St., Gibbon 55335
x Scheid, Linda J. 47A 6625 81st Ave. N. Brooklyn Park 55445
x Schoenfeld, Gerald E. 30B 109' 2nd St. NE, PO Box 369, Waseca 56093
* Schreiber, William H. 48B 10001 Zane Av. N., Brooklyn Park 55443
* Seaberg, Arthur W. 38B 2121 Theresa St. , Mendota Heights 55120
x Segal; Gloria M. 44B 2221 S. Hill Lane, St. Louis Park 55416
* Shaver, Craig H. 45A 250 Peavey Lane, Wayzata 55391
x Shea, Tom J. 30A 2080 8th Av. NE, Box 187, Owatonna 55060
* Sherman, Timothy P. 34B 123 W. 3rd St., Winona 55987
• Sieben, Harry A., Jr. 37B 90 Valley Lane, 'Hastings 55033
• Simoneau, Wayne A. 51B 465 57th Place NE, Fridley 55432
• Skoglund, Wesley J. (Wes) 61B 4915 - 31st Av. S., Mpls 55417 •
• Solberg, Loren A. 3B 115 - 5th St. , PO Box 61, Bovey 55709
• Sparby, Wallace A. lB Rt. 4, Thief River Falls 56701
• St. Onge, Douglas J. 4A PO Box 751, Bemidji 56601
* Stadum, Anthony E. 2A Rt. 2, Ada 56510
x Staten, Randolph W. 57B 2515 12th Av. N., Mpls 55411
* Sviggum, Steven A. 26A Rt. 3,` Kenyon 55946
x Swanson, James C. (Jim) 40A 6827 Sth Av. S., Richfield 55423
* Thiede, Paul M. (T.D.) '13A Rt. 1, Box 36A, Pequot'Lakes 56472
• Tomlinson, John D. 67B 799 S. Winthrop St., St. Paul 55119
• Tunheim, James R. IA Rt. 1, Kennedy 56733
• Uphus, Sylvester B. 15A Rt. 1, Box 182A, Sauk Centre 56378
• Valan, Merlyn 0. 9B Rt. 2, Box 136, Moorhead 56560
• Valento, Donald J. 54A 636 LaBore Rd. , Little Canada 55117
• Vanasek, Robert E. 2SA 706 Highland Drive, New Prague 56071
• Vellenga, Kathleen A. 64A 2224 Goodrich Av., St. Paul 55105
• Voss, Gordon 0. 52A 1 1120 NE 7th St., Blaine 55434'
* Waltman, Bob J. 26B Box N, 1'25 '2nd Av. SE, Elgin 55932
x Welch, Richard J. 19A Rt. 1, Box 266, Cambridge 55008
* Welker, Ray W. 20B Rt., 5, Box 30AB, Montevideo 56265
• Welle, Alan W. 15B Rt. 4, Box 319D, Willmar 56201
• Wenzel,' Stephen G. 13B 312 SE 3rd St., Little Falls 56345
* Wigley, Richard E. (Dick) 24B 601 S Hunt St., Lake Crystal 56055
x Wynia,:Ann J. 63B 1550 Branston, St. Paul 55108
Zaffke, Maurice J. 4B Rt, 1, Box 3, Backus $6435
•
PHILLIPS LEGISLATIVE SERVICE, Inca
459 RICL STRI'I l - S7 PAUL, MINN. 55103 . TELEPHONE 227.7771
January 30th, 1984
MEMBERS OF SENATE 1984 MINNESOTA LEGISLATURE
x Democratic - Farmer Labor (DFL)
* Independent- Republican (I -R)
NAME DISTRICT ADDRESS
x Adkins, Betty A. 22 Rt. 2, Box 34, St. Michael 55376
t Anderson, Donald A. 12 703 S. Jefferson, Wadena 56482
Balarger, William V., Jr. 41 10716 Beard Av. S., Bloomington 55431
* Benson, Duane D. 32 Rt. 2, Box 3, Lanesboro 5S949
* Berg, Charles A. 11 Rt. 1, Box 29, Chokio 56221
x Berglin, Linda L. 60 2309 Clinton Av. S., Mpl.s 55404
* Bernhagen, John J. 21 Rt. 1, Box 122, Hutchinson S5350
x Bertram, Joseph (Joe) 16 RR, Paynesville 56362
* Brataas, Nancy 0. 33 839 -10' St. SW, Rochester 55901
x Chmielewski, Florian W. 14 Sturgeon Lake 55783
• Dahl, Gregory L. (Greg) 50 942 -120th Lane NW, Coon Rapids 55433
• Davis, Charles R. (Chuck) 18 Rt. 2, Box 128, Princeton 55371
• DeCramer, Gary M. 27 RR, Box 40, Ghent 56239
• Dicklich, Ronald R. 5 1522 E. 25th St., Hibbing 55746
• Diessner, A.W. (Bill) 56 3193 Pennington Av- S., Afton 55001
x Dieterich, Neil B. 63 2171 Knapp St., St. Paul 55108
•Frank, Don J. 51 S17 Manor Drive NE, Spring Lake Park 55432
• Frederick, Melvin L. 30 611 West Holly, Owatonna 55060
• Frederickson, Dennis R. 23 Rt. 1, Box 49, Morgan 56266
x Freeman, Michael 0. 40 7115 -16th Av. S., Richfield 55423
x Hughes, Jerome M. (Jerry) 54 1978 Payne Av., St. Paul 55117
* Isackson, Doran L. 28 Rt. 1B, Box 89, Storden 56174
* Johnson, Dean Elton 15 910 SW 11th St., Willmar 56201
x Johnson, Douglas J. (Doug) 6 PO Box 395, Cook 55723
x Jude, Thaddeus (Tad) 48 6907 Ives Lane, Maple Grove 55369
* Kamrath, Randy P 20 Rt. 2, Box 214, Canby 56220
* Knaak, Frederic W. (Fritz) S3 4248 Oakmede Lane, White Bear Lake 55110
* Knutson, Howard A. 38 1907 Woods Lane, Burnsville 55337
x Kroening, Carl W. 57 4329 Webber Parkway, Mpls. 55412
* Kronebusch, Patricia L. 34 Box 105, Rt. 1, Rollingstone 55969
* Laidig, Gary W. 55 504 South Greeley, Stillwater 55082
• Langseth, Keith L. 9 Rt 2, Glyndon 56547
• Lantry, Marilyn M. 67 2169 Beech St., St. Paul 55119
• Lessard, Robert B. 3 Box 432, Rt. 8, International Falls 56649
• Luther, William P. (Bill) 47 6809 Shingle Creek Drive, Brooklyn Park 554 45
. * McQuaid, Phyllis W. 44 4130 Yosemite Av. S., St. Louis Park 55416
* Mehrkens, Lyle G. 26 1505 Woodland Dr., Red Wing 55066
x Merriam, Eugene R. (Gene) 49 10451 Avocet St., Coon Rapids 55433
x Moe, Donald M. 65 11 Summit Court St. Paul 55102
x Moe, Roger D 2 706 E. 3rd Av., Ada 56510
SENATE MEMBERS - Page 2
January 30th, 1984
NAME DISTRICT ADDRESS •
x Nelson, Tom A. 31 1206 - 5th Av. NW, Austin 55912
x Novak, Steven G. 52 747 Redwood Lane, New Brighton 55112
* Olson, Gen 43 6750 County Road 110 West, Mound $5364
x Pehler, James C. (Jim) 17 734 14th Av. S., St. Cloud 56301
x Peterson, Collin C. 10 Rt. 2, Box 287, Detroit Lakes 56501
* Peterson, Darrel L. 29 Rt. 3, Box 204, Fairmont 56031
x Peterson, Donna C. 61 2824 38th Av. S., Mpls 55406
x Peterson, Randolph W. 19 I55 Collen St., Wyoming 55092
(Randy)
x _Petty, Eric D. 62 4858 Lyndale Av. S., Mpls 55409
x Pogemiller, Lawrence J. S8 215 Broadway NE, Mpls SS413
x Purfeerst, Clarence M. 2S Rt. 1, Box 319A, Faribault SS021
* Ramstad, James M. (Jim) 45 2618 Crosby Rd., Wayzata 55391
x Reichgott, Ember D. 46 3603 Halifax Av. N., Robbinsdale 55422
* Renneke, Earl W. 35 Rt. 2, LeSueur 56058
• Samuelson, Donald B. 13 1018 Portland Av., Brainerd 56401
• Schmitz, Robert J. (Bob) 36 6730 Old Highway 169 Blvd., Jordan S 352
* Sieloff, Ronald B. 64 1934 Rome Av., St. Paul 55116
x Solon, Sam G. 7 616 W. 3rd St., Duluth S5806
x Spear, Allan H 59 -.2429 Colfax Av. S., Mpls 55405
* Storm, Donald A. 42 5109 Grove St., Edina 55436
x Stumpf LeRoy A. 1 Rt. 1 Box 47, Plummer 56748
* Taylor, Glen A. 24 134 Ridgely Road, Mankato S6001
* Ulland, James E. 8 1632 E. 1st St., Duluth 55812 •
• Vega, Conrad M. 39 407 11th Av. S., So. St. Paul SS07S
• Waldorf, Eugene T. 66 1176 Orange Av. E., St. Paul 55106
• Wegscheid, Darril J. 37 14085 Guthrie Av., Apple Valley 55124
• billet, Gerald L. (Jerry) 4 207 Mill Road, Park Rapids 56470,
STATE OF.MINNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
• -- -- - - - -- ------- - - - - --
MORRIS J. ANDERSON, CAROL
OGREN and STANLEY PESKAR;
Trustees of the Public Employees
Retirement Association,
Plaintiffs,
AMENDED
vs. COMPLAINT
JOYCE MARIE BOMAN, DEBORAH PEIST,
THEODORE GRIAK, DONALD HAAVISTO,
CECIL HALTER, CHARLES MYHERVOLD,
LEW STORKAMP, JOHN K. SWANSON,
Defendants.
Plaintiffs for their Amended cause of action state and
allege as follows:
COUNT I
1. That plaintiff Anderson is a Trustee of the Public Employ -
ment Retirement Association (PERA) designated by the Associ-
ation of Minnesota Counties pursuant to Minn. Stat. Sec.
352.02, Subd. 1 (1982).
2. That plaintiff Ogren is a Trustee of PERA elected by the
PERA membership pursuant to Minn. Stat. Sec. 352.03, Subd. ,1
(1982) .
3. That plaintiff Peskar is a Trustee of PERA designated by the
League of Minnesota Cities pursuant to Minn. Stat. Sec.
352.03, Subd. 1 (1982)
1
s
4. That defendants Boman, Feist, Griak, Haavisto, Halter,
Myhervold, Storkamp and Swanson are Trustees of PERA elected •
pursuant to Minn. Stat. Sec.- 32.03, Subd. 1 (1982)
5. That on the evening of August 27, 1984 defendants'' met with
John Allers and C. Michael McLaren.in St. Paul, Minnesota to
discuss PERA business.
6. That plaintiffs were not notified of said meeting.
7. That plaintiff Anderson attempted to enter said meeting but
was denied entry and threatened, by Allers, with removal by
the police.
8. That the defendants constitute a majority of members of the
PERA Board of Trustees.
9. That said meeting was unannounced and closed to the public.
10. That one of the items discussed at said meeting concerned
the resignation of McLaren and his replacement as Executive •
Director of PERA by Allers,
11. That said meeting constitutes a violation of Minn. Stat.
Sec. 471.705 (1984)
COUNT II
12. Plaintiffs reassert the allegations contained in paragraphs
1 through 11 above:
139 That the PERA Board of Trustees at their meeting on August
28, 1984 appointed Allers as interim Executive Director of
PERA.
14. That plaintiffs voted against the appointment of defendant
Allers as,interim Executive Director. •
2
15. " ,.t plaintiffs received no official notice of ,defendant
- cLaren's resignation prior to the August 28, 1984 Board of
Trustees meeting.
16. That the agenda for the August 28, 1984 Board of Trustees
meeting prepared by or at the direction of McLaren, contains
no reference to McLaren's resignation or to the con-
sideration of the appointment of an interim Executive Direc-
tor.
17. That plaintiffs received no official notice that the
appointment of an interim Executive Director would be con-
sidered at the August 28, 1984 meeting of the Board of
Trustees.
18. That the appointment of Allers as interim Executive Director
violates PERA's Rules A Regulations Governinc► E
Meetings by failing to state in the agenda the actions to be
considered and by failing to include materials concerning
McLaren's resignation.
19. That the failure of the Board of Trustees to comply with its
established rules violates the rights of plaintiffs.
20. That the failure of the Board of Trustees to comply with its
established rules negates actions that were taken and voids
the appointment of Allers as interim Executive Director.
21. That the appointment of Allers as interim Executive Director
was the product of a closed meeting of defendants.
22. That plaintiffs received ho notice of said meeting and
therefore had no opportunity to participate in the decision
making process.
3
23. That plaintiff Anderson attempted to enter said closed
meeting but was ejected by Allers and therefore, even after`
request, - did not have an opportunity to participate in the
decision - making process.
24. That the exclusion of plaintiffs from the decision- making
process to select Allers as the interim Executive Director
3
violates Minn. Stat. Sec. 35.03, Subd. 1 (1982)
25. That the exclusion of plaintiffs from the decision- making
process and the maintenance of a closed meeting in violation
of Minn. Stat. Seca 471.705 (1984) negates the decision to
appoint Allers interim Executive Director.
26. That plaintiffs have requested and have been denied any
explanation of Aller's alleged qualifications for the
position of interim Executive Director.
27. That Allers fails to meet the minimum qualifications for the •
position of interim Executive Director.
28. That defendants, in appointing Allers to said position, have
failed to exercise due care and proper judgment.
29. That Aller's son was employed by PERA, in a position of
trust, prior to the appointment of Allers as interim'Execu-
tive Director.
30. That Allersp as interim Executive Director, is the
supervisor of his son.
31. That the appointment of Alleys as interim Executive Director
violates PERA policies concerning nepotism.
32. That at the PERA Board of Trustees meeting held in St. Paul,
Minnesota on September 18, 1984 plaintiffs authorized the
4
payment of 'Cheir personal legal fees related to the defense
• of the original Complaint herein.
33. That the said authorization was opposed by the Attorney
General of the State of Minnesota, as being contrary to
statute.
34. That plaintiffs opposed said authorization,
35. That defendants' votes to authorize the payment of their
personal legal fees constitutes a conflict of interest.
36. That defendants' votes to authorize their personal legal
- fees constitutes a misuse of PERA funds.
37. That at said September 18, 1984 PERA Board of Trustees
meeting plaintiff Anderson offered a motion providing for a
timetable and procedure for selecting a permanent Executive
Director and said motion was defeated by a vote of six to
eight.
38. That defendants constitute the eight negative votes con-
cerning Anderson's motion.
39. That plaintiffs have requested that a specific plan for
appointing a permanent Executive Director be developed.
40. That defendants refuse to establish any plan for the
selection of a permanent Executive Director.
41. That defendants have no intention of adopting any plan to
select a permanent Executive Director.
42. That defendants' selection of Allers as interim Executive
Director is a sham and they intend to have such appointment
de facto serve as the selection of the permanent Executive
Director without any consideration by the Board of Trustees.
5
43. That at said September 18, 1984 meeting Allers revealed that
he was serving as a paid official of Loc No. 284, Service .
Employees International Union (SEIU) while at the same time
being paid $68,000 per year as a full -time employee of PERA.
44. That defendants have failed to require Allers to devote his
full time and energy to his position with PERA.
45. That defendants have failed to exercise due care and proper
judgment in their positions of Trustees of PERA.'
46. That the actions of defendants constitute -a breach of their
fiduciary responsibilities to the membership of PERA.
WHEREFOR PLAINTIFFS PRAY FOR RELIEF AS FOLLOWS:
1. -A finding that defendants' meeting of August 27, 1984
constitutes a violation of Minn. Stat. Sec. 471.705 (1984).
2. An order enjoining defendants from holding any further
meetings in violation of Minn. Stat Seca 471.705 (1984)
3. Civil penalty in the amount of $100.00 per defendant.
4. A finding that defendants' actions constitute a violation of
their fiduciary duty,
5. An order removing Allers from the position of interim
Executive Director,
6. An order removing defendants from their positions as
Trustees of PERA.
7. An order preventing the payment of defendants' legal fees
with PERA funds.
8. An order compelling the PERA Board to adopt a plan for the
appointment of a permanent Executive Director. •
6
9. An order preventing Allers from accruing double PERA retire-
ment benefits for the period he held both PERA and other
employment.
10. Plaintiffs' costs, disbursements and attorneys' fees.
11. Such other relief as the Court deems appropriate.
dated: September 25, 1984
by.
Peter D. Bergstrom
Attorney for Plaintiffs
555 Park Street, Suite 300
St. Paul, MN 55103
612 224 -3344
License No. 7559
7
i
!�•"., ,;l'tiM �,j (<� icy X a " 1'^R; � ..,.. :7V i1s1ii:It '.. 1 il !.'J ..
A., e�,"i` A� � r�, � .d • r]•.ie.opri. ..sp )i. h b`;fa
At
Three MeIrnbers' SR.Ab
r
r e
r , .
" A.
-a
'� Slmliatt sioa fund: Andes taaid h de- tleietie`4titmsetves agaiiisf ..Ands::
aff Writer "„ • '� Wed entry to the meeting ions lawsuit. Their attorney had ad-
wised against that decision, saying
• �� Three members of the Public Em- ` The defendants In the ;we are Joyce that the board members had been
ti ployees Retirement Association Boman, Deborah Feist, Theodore sued as iadividuals, not as the PERA
•(PERA) board of directors have Griak, Donald Haavisto, Charles My- board.
filed suit against eight other PERA hervold, Lew Storkamp, John Swan The new suit alleges that use of
son and board chairman Cecil directors, alleging that they Illegall - pgRA money for defense payments
hired the interim director of the pen- ter. lg a mistime of We money.
Halter said Wednesday that he has
The suit Is a continuation of an earn - not seen the latest lawsuit and would The suit states that while Allers
serves as interim director of the
member Morris Anderson. Joining
er lawsuit filed by PERA board not coalmen t. PERA fund, receiving $68.000 per
him as plaintiffs in the new suit are The new suit alleges that Alleys is year. he continues as a paid official
Carol Ogren and Stanley Peskar. unqualified to be interim director, of his local union. Local 289 of the
and that the majority board meal- Service Employees International Un-
The earlier suit alleged that eight hers "failed to exercise due care and ion. The lawsuit alleges that the
board members violated the state's proper judgment" in appointing him. eight board members "have failed to
open meeting law by meeting secret- require Alleys to devote his full time
ly to discuss the appointment of John Last week, the majority board mem- and energy to his position with
Allers as interim director of the pen- hers voted to use PERA tunds to. PERA."
4 _
D r .1Dono Dear Abby
{ Wness effects linger 4 Painters supplant guests 7 2
Page 3C page 3C ,
SL Paul Pioneer Press Classified Ads in this section Wednesday, September 19, 1984
PER board to use vv%ubfie funds for
x
ft Sttvm Thor rm ant attorney general a�Igned Co the pen- . John Allers the might before naming him He said he was not certain what re- Donald Moe, DFI.SL Paul; canted that
Sts" w� a.r sion fund, the Public Employees R,= interim director of the pension fond. course the attorney general's office would Alleys helped get the eight d-,rertors elect -
Fight directors of Mimoesota's largest meat Association. Dissident board member Morris Ander. have to the decision to use state money to ed so he could con ' el Ibe board
public pension fund, who are being sued Murphy said his office would not defend who is the plaintiff in the lawsuit, at. hire an attorney. One response, he said, Aloe plans to convene the Sen: to Gov -
over their selection of a &r decided the eight because they are being sued as tempted to enter the meeting but wastold could be to stop payment of soy ched far ernmenLal Operations Conumuf sRx to
Tuesday to ignore legal advice and roe private citizens sad mt as the pension it was a private session unrelated to Legal inane as it goes through the state, investigate the appointment; of Alters t1
state money to defend tbemselves fund board. That same masoning pro PERA busioeas Finance D thing Aloe wants to scrutinize is wtpethaw
In an S4 vote, the board decided to hire eludes them from using state money to '
Alleys said M was and that n Is qualified to over®..ee collection
state funds No hire other legal cauasel. y said May said Tuesday the eight board �� wrung and distribution of Peffiioo fu
a private attorney, but use sto
at was s and estimate of members either met as a board majority, the attorney general s staff was moved by Allers and PERA Board Cecil
Y ��, The suit, filed in Ramsey District Court, and therefore are entitled to represent&- "Political reasons" in refusing legal do- Halter have refused to answer reporters'
the coat was made. accuses the eight of violating the Minneo- doll, or they met as private citizens with - lease questeoas about Alleys' qualificatiom and
"It is as Ina to expenditure of to Open Meetings Law. The eight met ho- out discussing PF.1tA barsiness, as they Alleys is a controversial in Mince. tLe Lsane has newer hem discus d public
public funds," sand an asst- hind closed doors with union executive claim, and maxi defend themselves. sota pemeion policy. Critics Iminding Sen. Plemw aoa Penton /SC
Contkwid trans Paps 1C of himself idesr numerous pictures
by the boart tified as executive director.
pr - Alkrs M&jocity on, the •The pro Alleys ma3o its an the
board Tuesday rejected board 1411 t3 =e review. the associ-
to hire an executive p and l re
service and start a us ation's Legislation v Committee m the board
search for s a a an interim y lative a
basin to 1Txtie McI,aren, and Retireaaent to ravine
who Aug ii W take a slay pEg� e I
arsta
Bar P� m Calif board mamba Carat '
nature of the ty assodatioa meta
Despite the interim Ogren said many ,
appointmesnt, the hoard has not In- been fear that with money
dieated wham, If ever, it will start a tan uodaty board elee- i
search for a permanent director. tiom. Nine of the 15 members are
Anderson and other board dissi- elected by members, the real art
dents fear Aliens will have em- &ppm by labor and f'
d himself firmly in the job went groopo
before a search is started. • Allen WIMMIM0 that be
In other action Tuesday eontinaeV to dcaw his salary as -
The board told ADM to use the dent of Local 124 a tbs
Otte of acting director. Still tls k b , service a .
� anti pl sdadm about salary by
Il
30 days September 1984 9t i leader � � TaapV"*
Loom
0" f 9M.
a Ieo. w..► row 11N ttra. � f+w 11.1 '►pn 1'491 t.o. i!ar . ►Mon lo+
head t Sat 633 :31 13 16 1:'.64 11:10 97 1913 38 1974 68 82
pens
2 Sw 8 36 :49 13 13 3104 11:49 97 1937 41 1974 92 79
Asso Press they are preparing to file i laws 3 Yon 637 :47 11 10 4:12 97 1925 32 1974 e1 70
4 o 839 :t5 13 07 5�9 12:38 96 1922 39 1974 76 64
charging eight board members with
!irecfors of Minnesota's largest pen - violating the state's Open Meeting 6 w0d 639 '� t3 os 6 :36 1:32" 96 1922 3e 1962 78 64
'4ion fund have appointed union exec -. Law. 8 TAss 641 8 saat t 6 :42 13 01 8:34 2:33 96 1922 41 19 62 73 66
-tive John Alle their director. 7 8:�►3 92 36 12 :40 5 5 1:29 4:43 90 tG31 T:o4 3'36 98 19 >ti1 t965 93 63
♦0 196 77
:5 . 5
,Ahich might prompt a lawsuit chat- Allers, president of School Service 9 s 6:44 : 33 12 52 7:60 5. 46 95 1947 39 1924 84 71
enging the appointment. Employees International Local 284. 10 Boon 6.45 :34 12 49 9 :09 6. 104 1931 3 7 1917 52 S4
i efused to comment on Monday's i t Tun 647 :32 12 46 8 :27 764 96 1931 35 1962 67 48
as
The court challenge could come meeting or on his qualifications for 12 wad 648 :30 12 42 s 6 44 940
56 94 8 36 1 66 60
!tom dissident board members of th job. He said only that be is 13 Thin 649' :29 12 39 9.:04 958 96 1939 34 11123 66 47
`he Public Employees Retirement pleased and honored to be selected. 14 Fn 6.50 :27 12 37 9:26 11:02 98 1930 38 1923 66. 46
ksso ciatio n, who say Allers is not i5 ' Sat 651 :26 13 34 9:60112:07 96 1939 36 IN4 55 53
16 sun 6 53 :23 12 33 0:21 1:14 94 1955 39 1961 61 54
qualified for th e,ob. Anderson and anot her board mem- t7 Mon 6:54 :21 12 27 1:00 1 ;21 98 1696 34 1 943 70 48
ber. Richard Patterson, 981d Allers 1a Tum 6.56 :19 12 1 24 1:90 3.24 93 1891 32 1929 87 50
Board member Morris Anderson has long sought to Influence the 19 w ad 8:.56 :17 12 21 4 :22 94 1896 34 1 896 55 48
°mid it was "an absolute disgrace" board's decisions and helped get sev 20 Trot 6 57 :16 t? 18 12:31 6:11 91 1931 28 1967 51 45
for the board to turn over control of eras members elected to it. 21 Fri $59 :13 12 14 2-03 11:52 94 1937 32 1974 SI 42
,tie $2 billion pension association 21 sat 700 711 12 11 322 6:26 95 1936 26 1974 49 37
without first searching nationwide Tne board voted 8-5 against a moo. 23 $wt - 701 749 12 08 443 6:64 90 1937 30 1983 40 30
for a new director, tior. by Anderson t0 reject Allers and' 24 Mon 7:02 :O8 12 06 6.08 7:19 e9 1936 30 1942 71 45
name Paul Hayne, the association's 2-5 Tun 703 :06 12 03 7-31 7:43 91 1920 31 1926 76 46
Alle was named to the =88,000 -e- assistant executive director, as inter- 26 Wed 7.06 :04 it 69 8:53 8 87 1923 27 1985 62 5:
27 Tws 706 4f 11 66 10.14 8:35 87 1956 29 1912 Al
;'ear post to replace Mike Mclaren, im director until a nationwide 25 Fri 7:07 .00 11 1 53 11:35 9 :07 91 1896 26 1942 4 1
who resigned to become director of search produced a permanent direc- 29 Eat 17 U6 :5E it ',W 2 :52 9:44 80 1897 27 1995 701 Ss
:°se California Teachers Retirement tor. 7,� : 58 ft 47 2:04 110401 87118971 26 1 79 52
association.
Allers said the Monday meeting was Pm. nrrw shown to dwtl face ttr►a
° Allers Is not qualified for this private and did not include associa v+aanw difu from u-s. Wesvw swum lint #An is C4
lob," said Anderson. "This is not the Lion business.
way we do business in the public
sector in Minnesota. In fact, It The association represents 100,000 Kerr
Stinks." working public employees in Minne-
sots and 20,000 retired ones. It }
Anderson charged that Allers negoti• oversees accounting, establishes Ceptioned from page 18
ated the appointment at a secret benefits and issues pension checks
meeting Monday night. Anderson for its members, but does not control that list.
a nd attorney Peter Bergstrom said investment of the pension fund. "J J
He said Karr first came to the'atten- '� 4 at
tion of investigators after a Chicago >� w
jury c oniClh s h had ad j st called to ask if Kart, who - � 0
V i d e p uty just been arrested in Mason City,
Iowa, after the bombings, was a sus
W to the poisonings.
Sjusti ' d 0 at l Shooting
"That planted a seed. and we A
A Hennepin County grand jury con - over a counter and filled a knapsack checked it out all the way to Hous
eluded Thursday that a sheriff's dep- with cash from a teller's drawer. ton," said Schumpp. "He doesn't fit a
uty was justified in fatally shooting a psychological profile of the Tylenol
robber during a holdup at the River- Heft was shot outside the bank after killer. Karr sounds like he's ram=
.side Community State Bank Aug. 3. he refused to stop when Peterson bling like a softball. But I've got a Earl Steven Karr
ordered him to. Heft fired several guy somewhere who was cool and
Hennepin County Deputy Sheriff Ste- times. calculating. found there .during the
en Peterson, a deputy for 13 years, Day weekend.
, , vas serving iegal documents at the Minneapolis Police Chief Tony Bou- Two weeks ago Karr pleaded not
sank in an unrelated case when the za awarded the Medal of Valor, the guilty by reason of mental illness to Staff writer Peter Doyle 1r
obbery occurred. Killed was Germld department's second highest disUnc- charges that he planted bombs in the ed to this article.
Ldward Heft, 43, who was wanted by lion, to Peterson for his action. St. Cloud area. Six pipe bombs were
IL ederal marshals for parole viola-
J& The grand jury returned a "no
In the case, which means no Sands f not badly hurt on plane in Africa, relatives learn
harges will be filed against Peter-
°° Associated Press The plane was damaged by fire in Stangeland, 'R•Minn., than
3 he FBI said Heft was Littie Falls, Minos Douala, West Africa, and there were mers were injured and a.
paroled from mixed reports Thursday on the num• were doing well.
Navenworth Federal 'Penitentiary A' Minnesota couple and their two ber of people killed or injured.
Kansas in June after spending children who were on a plane dam-
arly 20 years in prison. aged by fire in Africa on Thursday The Kramers had lived In Sandstone, KG8 honors Andropt
were not seriously injured_ relatives Minn., before making the trip. Patty A plaque in memory of 4<m
6A /Editorial page Wednesday, Aug. 29, 1984
St Paul Dispatch
We shad strive to report the new, acruratety and frirly and
will express opinion Iravinf; no douht as to our position.
BERNARD H. RIDDER, 1883•1975
BERNARD H. RIDDER JR., Chairman Emeritus DEBORAH HOWELL, Executive Editor
THOMAS L. CARLIN, President, Publisher W. F. LENTO, Associate Editor
JOHN R. FINNEGAN. Vice President; Editor RONALD D. CLARK. Editorial Pave Editor
SumAcious A shuffle
Those who arranged the sudden
transfer of power this week at the Pub- Editorials
lie Employees Retirement Association
did not cover themselves with honor. Teachers Retirement Association.
The suspicions they raised have under But was this as innocent as Mr.
mined confidence in them. If thi, was _ Allers, Mr. McLaren and attending
not a power play conceived in the dark board members described it? If so,
of night and executed with complete why weren't all 15 board members in-
disdain for the public interest, then vited to give Mr. McLaren a sendoff?
there are a number of strange coinci- When two uninvited board members
deuces to explain. The circumstantial
attempted to enter the hotel room with
evidence of a sneak attack looms a reporter, Mr. Allers threatened to
large. have police eject them. •
The whole thing smells like the air And why was a copy of a resolution
' around the Pig's Eye Sewage Treat - naming by Allers to the d'irector's job
meat Plant after a heavy summer on a table in the room, as seen and re-
ra ter the storm had ended Tuesda y Po y
ported b one of the uninvited direc-
A
morning, Mike McLaren, director of tors.
the $2- billion pension association, had And was it just coincidence that sev-
submitted his resignation. John Allers, en of the eight directors at the Monday
P g
resident of the School Service Em- night session voted Tuesday to insert
pto
ees International Local 284, had Mr. Allers into the post of interim di-
been named interim director at rector? The eighth director abstained.
$68,000 annually. Outsiders were left As we said, this will take some tall
to speculate whether Mr. Allers would explaining by Mr. Allers and his
become permanent director or depart - friends on the PERA board.
for a replacement after a nationwide It appears they will have a chance to
search. do so in court. One of the uninvited
Hints of intrigue were fed by a board members, Morris Anderson, has
closed -door Monday night gathering at said he will file suit charging a viola-
a St. Paul hotel of Mr. Allers, Mr. tion of the state Open Meeting Law.
McLaren and eight of the 15 PERA
board members. Mr. Allers, who once The board could begin to regain pub- i
sat on the PERA board until he was lie confidence lost this week by resoly-
removed in a 1982 court decision, said ing to conduct a serious national
the meeting . was private and did not sear ch fora permanent replacement
ERA business. Mr. McLaren for Mr. McLaren. s would allow
include P This
said he attended so members could bid comparison of Mr. Allers , qualifica-
him farewell as he departs for a new tions with those of others who might I
post as director of the California want this important post.
i
• s<. rw raov 9 64 f 5
Allers, g ets P ost 1".�,•.�,r.
0
and
sin
on pe
d espite protests $.
h► �towar►Tt�on+n�a '
ths� tIMtM�r '1 ,
Directon of Minnesota's t>drgest pablic pension land tl , j .•. _•
esday appointed controversial ioa exa kpl ehal• Alloys IdeLausn
Alleys as their new. director, p1tspting ,
I nge from dissident board ,members-
A ���
Alleys was named to begin duties immediately as
for €6S,004 -a -year interim director of the Public Em• .
M . ,Re seplaced take TERA C= who submitted his r g utiao to the board p ost '
at its Morsuig meeting. member Morris M&MM raid It was "an at'-
Surd Co�nusd P to
solute disgrace" for the board to turn over eoatrol of St. Paul. He also refused to cam-
the 82 bilieoa "iOn Mocistion without first going went on W q for the
through a tpabonwede aeasch. He said the quick ap• He said only that be is pleased
pointanect was os�estrated by Alleys at a closed•door �d honored to be selected.
sneering Uontlpy night with lin supporters on the Alters, president of School Sere-
ire Employers tional Local
"John Alleys is not qualified for this job" Anderson neu 2g1, once sat on the PERA board
said '"Plus is not
the way we do busi in the Public and bas long sought to influence its
pr in Minniewta. In fact, it steaks." decisions, according to Anderson,
Anderson and attorney Peter Re Ptrotzt were Pre' fellow board dissident Richard
• g to file suit in Ramsey District Court late Tuts-
day charging eight hoard Patterson and labor sources. H e
meinDer with violating the helped get several members elect-
State Open Meeting Law ed to the board and enjoys their
Alleys refused to comment on the Monday night alt Anderson and Patterson
meeting is the Granada Royale Hometel in downtown said. y�
►Imam swo ANara SA Anderson and Pattersoa tried to
enter she Motiday might meeting.
where Alters and Mciaren were
meeting with eight board mein-
hers Seven of those eight voted for
Allers' apPOintment Uesday along
with another board member not
pprresent at the Granada meeting
]3oard Chair= Cecil Halter. who
was at the meeting, did not vote in
Tuesday's meeting.
Allers said Monday night the
meeting was private and did not in-
Nude 1 ?ERA business. He threat-
ene to have police eject Patterson
and Aar• McLaren said he
was invited so the members could
wish him well in his Dew position
as director of the calif ornia Teach-
ers Retireme t Association:
"
But Anderson and Patterson Bald
they saw a resotutibn naming
Allers to the; director's job on the
table at the c1o6ed meeting One of
the board members at that meet
• �. De Feist, introduced a
tresolutica aesd7l ray wining Allers.
Arsderum ure time board Tues.
day to re Allers and cane Paul
Hayne, tLe association's assistant
• executive director, as interim di-
rector until a nationwide search
dunes a Permanent director.
V motion failed in a 5-8 moot of
Feist said the ApPo
A11M 6d not preclude a' broad
i.Parcb for a pernwment director.
taJar 0 ' % eLn her
rt: cilutiGn. patter. ?n raid Alleys
WcWld already L L's toot in the
do r" for the perrmanent )ob if ap-
sq. pow p0ow pfou 7,,dey, A wt Zd. 1 "Al f 5
I ntense figh exp ecte d
F f pension f und post
By Steven Thoth ne Alkrs, president of Local 2 84 of
and SW Gardner the School Service Employees In-
saw WNW$ teroational, is expected to seek the
The executive director of Mintne �7I,000-a•year post being vacated
aa's largest public pension fund b said. M several board t
s is expected to resign today, and a hers tend. t CA n pleas 10 ache s
pprwoer play for control of the $2 job with the soc i a orau Teacber
b;1Lon account spilled over into an Retirement Association in October•
sainaggr yf confrontation Monday night On ldo d y night. h e i g met bc-
.lnaSt.l?anl.eotei. ►it:e closed floors with eight retire-
Mike McLaren's expected depar- woof lion beard
described as loyal w dim. im. T 7�b
tore from the Public Employees eight rent a majority of the
Retirement Association clears the 15.memeer board, scheduled to ac.
way for controversial unioa execu• c*pt ldclaren's resignation today.
tive John Allen to consolidate his Two ntencbers of the minority
powerful influence over the
group's board of directors. Please no Pension i SA
Fen 0 Bi ec
Contfnuod from Pogo 1A pointmeot if it is to fled out by the The em 1 association p. .
bloc net the board, Morris Anderson board. He said be would charge resents 106,000 working public em-
that Alters does not meet qualdica- pioyees in Minnesota and 20,000
and Richard Patterson, learned of tioas set for the position. He also retired employees. It oversees ac-
the ggateerin; at the Granada Roy - suggested be would accuse the counting, sets benefits and issues
ale jlometel and attempted to en- board of Mac" the docision sub - pension checks. But the association
ter it. said they thought the 7� segnsesat W an illegally closed meet. does not control the investment of
metung with Alleys and McLaarea. � its $2 billion in funds.
was ca to pia Alters' appoint- Wbeo informed of the Monday Teat task is reserved by state
titent and that the gathering, Jon Murphy, the special law for the State Investment
meeting violated the state's Open rising Gov.
KeetingLaw. assistant attorney gerteralassu$rted Beard, a g and oche r elected of-
to the board. said. " It sounds like it Rudy nd othe
ON you want w leave tx do we would be a violation" of the Open finials. a association has cntl-
tall the police and have you thrown Mfg IAw. cined the board's investments and
"T' A�lers .asked Anderson and "Anytime two public officials ins attempted to wt'est control.
Patter ,who were accartnpsnied t together to talk about public Alters tan unsuccessfully for the
by their and a reps it should be an open state mate in 1980 and for state
for the St. Paul Pioneer Press and meeting,. Murphy mid. treasurer in 1982.
Dispatch
Alters indicted the meeting was He said. however. he did not He was appointed to the PERA
=related to business of the Public know what was discussed at the board in 1977 when the Legislature
Employees Retirement AssocW meeting. The board's Budget and decided that one seat should go to a
tion, despite the presence of associ- Personnel Committee normally labor representative. Lawmakers
anon stationery is Iront of him. meets the night before a regular changed the law in 1979, saying the
Pattersoo and Anderson later said board meeting. Murphy said, but labor seat should go to the state's
they had seen weal appeared to be this month's conscnttee meeting largest statewide labor tcrganira-
was canceled. lion
a re:solntioo naming Allen to re- CIO, the
place Mctarm. Mcfaree said he was invited by AFL
This has noticing to do with Alters to stop at an informal dinner largest statewide labor group.
PERA." Alleys 101d4be two board meeting so those present could wanted the seat.. But the redeem
members. "It's a private meeting wish him well to has trees jot?. Al- went &wociatim board kept Alleys
to discuss matter relating to John though be arrived late, be said eo in place. A court order upheld that
food was served. He was only Ares- decisive ttetil IM, when he was
Patterson, Andemm their attar• eat for 10 minutes blare Patter- sartseated.
hseeyy acid t h e reporter eventually son sad Anderson Catered. Although Allen so looter sits on
kft these meeting when asked to do McLatee said. and no retirement the boar he influences the votes
so a hotel shortly afterward. employee. the meet- usowtioo business was discussed. of the eight members be met with •
+� b 4e up "I didn't feel ttL!�cyy were plotting Mommy night, according to Patter-
1te felled his eight sarpporten against the world." Mclaree cud. ace, Andersen and labor sources.
togetber and told them what their John R. Finnegan, vice broke with other labor
marching adders were annowung ;dent /editor of the Pioneer Allen
Mr. Alleys;' Pattttsoo said later. Press and Dispatch, said officials leaders in 1978 and sup rted
Anderson said be would attend of the newspapers would cider 0 s public lsm tou i eai
today's meeting "with a lawsuit in tiling a civil lawsuit chAUeoging
hand" sad that be would seek a the Monday night meeting as a no- Democratic•Farmer -tabor Gov.
ow" q .wt.• Aburtiwe Alto"' an► tationof the (horn Meetin.l.aw. Rudv Pemieb.
Licenses t) be approved by the City Council on October 15, 1984
ARETTE L- TCENSE
x J Enterprises 6843 Washington Ave. S.
Ault, Inc. 1600 Freeway Blvd. �.
City Clerk
COMMERCIAL KENNEL LICENSE 't
Pet Centers, Inc. Brookd ale Center
Sanitarian
ITINERANT FOOD ESTABLISHMENT LICENSE
Jaycee Women 6500 Humboldt Ave. N. ����
Sanitarian
MECHANICAL SYSTEMS LICENSE
Kumar Mechanical, Inc. 877 Southwest 3rd Str. Buildi Of A
L
NONPERISHABLE VENDING MACHINES
A & J Enterprises 6843 Washington Ave. S.
Ault, Inc. 1600 Freeway Blvd.
Coca Cola 1189 Eagan Ind. Rd.
0 Brooklyn Center High School 6500 Humboldt Ave. N. `S�:K -(�^r\
Sanitarian
PERISHABLE VENDING MACHINE LICENSE
A & J Enterprises 6843 Washington Ave. S.
Ault, Inc. 1600 Freeway Blvd. `
Sanitarian
RENTAL DWELLING LICENSE
Initial
Arthur & LaVonne Cahill 4715 France Ave. N.
Renewal:
Donald M. & Cora M. Noonan 3800 France Pl.
Wilbert & Delores Hanson 7210 Perry Ct. E. 0 ". Delbert P. Bruce 4741 Twin Lk. Ave. Director of Planning
and Inspection
GENERAL APPROVAL:
Gerald G. pli er, — City C erk