HomeMy WebLinkAbout1982 06-14 CCP Regular Session -z
CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
JUNE 14, 1982
7:00 P.M.
-l. 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
:;iscussion of these items unless a councilmember so requests, in which
event the item will be removed from the consent agenda and considered in
its normal sequence on the agenda.
*6. Approval of Minutes - May 24, 1982
7. Continuation of Board of Equalization -- 8. Final Plat - Hi Crest Square Estates (Bergstrom property on 69th Avenue
North - east of Humboldt Square) ~'r
• *9. Subdivision Bond Release - Don Stark for Garcelon 2nd Addition at Camden
and 56th Avenues
I I
*10< Performance Bond Releases:
*b. Cass Screw, 4748 France Avenue North
*c. Village Builders, Northbrook Estates, 58th and Logan
P
*d. Hotline Realty, 58th and Shores Drive
*11. Recruitment of Representatives to the Community Education and Services
Advisory Council for School District #281
*'12. Appointment of Directors to Northwest Suburbs Cable Communications Commission
-It is recommended that Councilmember Celia Scott and City Manager Gerald
Splinter be reappointed to serve as Brooklyn Center's Directors on the
Northwest Suburbs Cable Communications Commission.
1 4 .ter- I
13. Resolutions:
° *a. Accepting Work Completed Under Contract 1981 -L (Central Park /Garden
City Trail Improvement Project No. 1981-15 and Exercise Station
Improvement Project No. 1981 -25)
CITY COUNCIL AGENDA -2- June 14, 1982
• *b. Accepting Work Completed 'Under Contract 1981 -G (Sidewalk Improvement
Project No. 1981 -13 and Curb and Gutter Repair Project No. 1981 -21)
c. Directing Condemnation of Certain Interest in Land (Easement for water
main connection from Kylawn Water Main Improvement Project No. 1982 -06
to the Twin Lake North apartment complex)
d. Accepting Bid and Awarding Contract for Contract 1982 -D (Central Park
Water Main Improvement Project No. 1982 -05 and Kylawn Water Main Improve-
ment Project No. 1982 -06)
e. Ordering 51st Avenue North Water Main Improvement Project No. 1982 -07
-The public hearing regarding this project was held on May 10, 1982.
Consideration of this resolution ordering the improvement was tabled
until tonight to allow developer Keith Harstad to submit plans for
platting and development of his property.
*f. Establishing Central Park Improvement Project No. 1982 -12 (Athleti -,
Field Fencing Construction); Approving Plans and Specifications and
Ordering Advertisement for Bids
*g. Establishing Neighborhood Park Improvement Project No. 1982 -13 (Drinking
Fountain Installation); Approving Plans and Specifications and Ordering
Advertisement for Bids
*h. Authorizing Execution of Easements for Construction of Pedestrian/
Bicycle Trailway through the Brockdale Shopping Center
)�i. Declaring Certain City -owned Property as Surplus, Authorizing its
Reconveyance to the State of Minnesota and Approving its Classification
as Nonconservation Land
-A similar resolution was adopted on April 26, 1982 "subject to. "
the retention of certain easements. Because Hennepin County will not
accept a conditional reconveyance, it is necessary to adopt a new
resolution without conditions. The City's interest in the easements
are still protected by virtue of condemnation action completed in 1964.
,Aj. Approving Purchase Agreement with Eugene G. Schlee for Right of Way
Required for the Proposed 69th -70th Avenue Connection
k. Directing Condemnation of Certain Interests in hand (for right of way
required from the Melba Evanson property for the 69th -70th Avenue
connection)
1. Approving Agreement No. 1957 between the State of Minnesota, Department
of Transportation and the City of Brooklyn Center, Providing for the
Maintenance and Electric Energy for Street Lighting over I -94
on the 53rd Avenue and 57th Avenue Bridges
CITY COUNCIL AGENDA -3- June 14, 1982
M. Declaring Adequacy of Petition Establishing Project, Receiving City
Engineer's Report and Calling for Hearing on Improvement Project
No. 1982- 14(paving alley between Dupont and Emerson Avenues from 53rd
to 54th Avenue North)
/n. ;Approving Minnesota Law 1.982, Chapter 577 Regarding Home Energy
F Conservation Program for the City of Brooklyn Center
-The Minnesota Legislature passed this legislation during the 1981
� 4
t'• legislative session. Local approval is required before the law
becomes effective.
o. Approving Minnesota Law 1982, Chapter 577 Regarding Housing Interest
Buy Down Program for the City of Brooklyn Center
-The Minnesota Legislature passed this legislation during the 1981
legislative session. Local approval is required before the law
becomes effective.
p. Amending 1982 Position and Classification Plan and 1982 Budget
-This resolution comprehends the upgrading of the appraiser's position
in the City's Assessing Department.
,; *q Designating Polling Places Within the City of Brooklyn Center
�" -This resolution comprehends the designation of a polling site for the
newly created precinct nine.
tr`I
*r Ordering Abatement of Unsanitary,Unsafe and Hazardous Conditions at 6213
Beard Avenue
*s. Accepting Gift of $150 from the Off Broadway Musical Theater, Inc.
t. Resolution Recognizing the Brooklyn Center Crime Prevention Fund
Organization, and Authorizing the City Manager or Designated Staff to
Work with the Organization
14. Planning Commission Items (8:00 p.m.)
a. Planning Commission Application No. 82022 submitted by Brook Park Baptist
Church for site plan approval to provide screening of the parking lot at
4801 - 63rd Avenue North. The Planning Commission recommended approval
of Application No. 82022 at its May 27, 1982 meeting.
15. Discussion Items:
a Follow -up Report on Nonintoxicating Liquor License Application for ShowBiz
Pizza Place
b. Extension of Pedestrian /Bicycle Trail System Along South Corporate Limits
(53rd Avenue Extension), Providing Trail Connection between Upton Avenue
and Lions Park
- It is proposed to accomplish this extension as an amendment of the LAWCON/
LCMR Trailway II Project.
CITY COUNCIL AGENDA -4- June 14, 1982
C. Extension of Central Park /Garden City Trail South of Soccer Field
-It is proposed to accomplish this extension as an amendment to the
LAWCON /LCMR Central Park Trailway Project.
d. Lions Park Tennis Court Construction Schedule
-It is proposed to proceed with soil correction work during 1982, but
to delay construction of the court surfacing, fencing, etc. until 1983.
e. T.H. 252 Design Layout
-MN /DOT will be conducting a public hearing regarding this design layout
on June 28, 1982.
-"
f. PCA Operator's Permit, Howe Fertilizer, Inc.
�' �► M -The staff will be prepared to discuss this item at the meeting.
16. Gambling Licenses:
a. Class B Gambling License for St. Alphonsus Catholic Church Men's Club
- Application for a Class B Gambling License (requires a majority vote
of the City Council to pass)
- Waiver of a $10,000 fidelity bond (requires a unanimous vote of the
City Council to pass)
b. Class A Gambling License Application for the Rosary Alter Society of
St. Alphonsus Catholic Church
- Application for a Class A Gambling.License (requires a majority vote
of the City Council to pass)
- Waiver of a $10,000 fidelity bond (requires a unanimous vote of the
City Council to pass)
*17. Licenses
18. Adjournment
\%I I1'Pl• :- -Hi l l: , ,'• 1,�
-- I :u'. I'r,l,:
�iil.LKl1- C _ \\'IS
PURCHASE AGREEMENT
....._Minneap.olis,_ Minn., .. ......... .,Tune ,11., . 19.82.
RECEIVED OF Housing .and..Red.ev.eiopmen.t Authority. of Brooklyn Center
the sum of Five Thousand azxd..n41.].OQ- -7777. -. .7777 .-7 777-- .------------- $ 5,000.00 ; 1 O11ARS
.• ... ........................ as earnest money and in part payment for the purchase of property at
(Check, Cash, to be deposited upon acceptance, or Note— State which,
.............................. ...........1................... sirliated in the
County of ....................... q nep A .............................., State of Minnesota, and legally described as follows, to -wjt:
Lots 10 and 11, Guilford Outlots except those parts of said Lots 10 and 11 lying within
.the right -of -way of State Trunk Highway No. 100 and the right -of -way of U.S. Interstate
Highway No. 94, according to the plat thereof on file or of record in the office of the
Re
�f3iitX3[ �. XX} X�XX\ �� €$'r'StC�d�£��i3fiF1X� �X�7�tYtXSrXi�TrX , xaXi�S�ttXrYe3���3�t�,S1' �bF�FtiXT,�tYcbt� t������X ;7€�X,TiCkTrR•i�XXr3fi�3��•Xe�
IC�Xi;{! X- XtX7�] d�dfiV3��hT�b[ S�SdbdiiT�SlY1�YS3da�iz�, TixrtY�u�tlarrs�srtiavuaf�c� €Sr�ls�rhY fur
Bare land containing approximately 4.63 acres.
all of which property the undersigned has this day sold to the buyer for the sum of:
ONE HUNDRED THIRTY THOUSAND AND 0. 1 011.00.7.77. =`. -- .- . - - - (s. 1,310,.QQQ . QQ)0I.I.ARS,
which the buyer dgrees to pay in the following manner: ' - /r
Earnest n herein paid $ 5 , 000.00 and $ 125 , 000.. 0.0 , cash, on e dare sing.
In addition, the parties hereto agree as follows:
,
1. Buyer shall pay the last half of the real estate taxes due in the year 1982 and
any unpaid installments of special assessments payable therewith and thereafter.
2. At time of closing Buyer shall reimburse Seller for appraisal expense up to a
maxiiiiL it of $300.00.
Subject to pe rto rmarice by the buyer the seller agrees to execute and detiver a-------------------- .---------- Va;rarlty D)<:,.'
i to be jnined in by spouse, if n
any) comeying marketable title , said premi,c-; subjcrr c)n!) to nc�.- foll ovrin,' csccpuo;,,
fa) buuding and zoning laws, ordinances. State and Federal regulations.
(b) Restrictions relating to use or improvement of premises Nvithout effective forfeitureI
(c) Reservation Of any minerals or mineral rights to the State of Minnesota.
(d) Util[t\' and drainage casements which do not interfere with present improcemc[tts.
el Ruhr, .,f tenants as follows: (unless specified, not subject to [hall its)
• ��>a� �����> FS�aee��® ��� sl�Gm@ �l��s�s�C $>r�l�>�s�s;��sa�stisiea
watk ovrjce£ee= Seller warrants that real estate taxes due in the year I() will be nor - homestead
I full, parrial „r nun- h-inestcad - -- s[;ttc %Mich
Neither the seller nor the seller's agent make any rL11r111•, r lri'•n ..r w,tn.uuy v,l t[, , cccr cnncernin:1. the <j e 1,I
will it shall be s,t: d against
the property subsequent to the ,Luc of InlrJt.rc.
�r�szmeemmnsFbs isui;lslisr�,esr�ta� seezari�d�em�l�eas�se> �kas�m�stxlse�ms�see¢ ss zaa�zea��asamat >SSkt��east�o.�;sa3ea
®rc jk1$raZldt#t_(Ea ;iktug
The idler further agrees to deliver possessi'ut not Lu. date of closing vi,!,.i rh,t.' 1i1
'.:nc bccn complied with. Unless otherwise spc•citie,l I;,.. • .I ,i,•;I, r!• .,I t u '. >r hel,)r•• r(, .i er i ;:m ;.!It dart
In the ttertt this property is destroyed or sub,tanti.d1% I Irt :;r.l i,� i .,r ,Illy t ! c,u[s: h", rc tf,c : :. ylate, ri :r tr
be r.tnc• nu:! and void, at the purchaser's option, ana alt munr , Ii,l II _ ..� I r shall i rcitIndcd
t'l\e h and seller also' mute !11' a :�ree time: fin, ,.ri , ';•nr.'e: r in, r.c. .
rr: pr ..I r-:nt ,, exl shill bc: nu,ie date Of closing
[ -1c sc ,cr sl -:1 v;thin ,t reast;nabL t t c ft: r .Il 1. ..f t!ti, ,t,acn,cfa h": i,h :in
t: t
i
u) da,c ir.ludc prnper car;h_s _,;venn: n I'cics ;sll Sr,uc .o' 1 ['cd'.I.,, I'i,,. „ .n. I I - .
ru,��: [l:7reol
\'• r,.111 'r .C. [U L alit 01L.ili•Il1 :.f< 1.) 1�1...1� ,�_ .111 , hi.
Corrccti,.0 . ,tile the payments hereunder re uir ,l sit ill x r , n
. E q c I l . I ! • nc i, h ut u{ on c rrc:n )n of title gull .cuhin !o days ,tttcr
to dlc huger. the parties shall perform this a'reemenr ,[,.cording t„ it, terms.
k , ;,i - .rie ' is not marketable an,i is '•t ma,lc ,o wilh;t: 1 bout tho t• ,)
,i,u Wlil;ul
a_ :recmenr shut he null and v,,i.l, at op e b
option of thuyer, ,std I ,•'
. - r I r.il•al r.h.tl; he Halite f.;; cl.Wl ices herrcuu rr i, t;
All ntc,ncy thcret0tOre paid h }' the buyer shall he refunded. If 11w rill,. aid pn)perry be ft.und lit irkctal,ie , r be
and s.tid [ shall dcfault in any' of the agre'enunts anti conrinw :; ,1c1,llllr for a l of It1 d:r;s, then ;l1ld in rh.l[ case r . ,c: i.r :1;
tcrn tilt, :Onnact and on such termination all the payments u:a'lo upon this uu[tatct shall I rotailled I)y ai l se;l: r :.,,d
their rest'utae int.r.sts appear, as liquidated dam, time tieing of rile essence Ihcrcof. Tilts n ;
is n)sisic,h,tll I: r ,leis c .ill : :r
the ni:h[ .r:..rc[ng the specrttc performance of [his contract I,r.n i.lc,! ,ugh cone' :ut ,h_tll not be term ntatc,l as ;ut, :;, .t ❑ :! t n;„ i.
to enf,t.rce a —h speci:ic performance ,hall he commenced within sip nmurhs .atur such right of action shall arise.
Ir 1 underst< and a; that this sale is made suhicrt to rho approval by the owner Of said premi >r, in v,rjtinu .u;:[ r1,.t1 the:
stoned a,rnt i, in no manner liable or responsible un acctxtnr 01 this acrcemenr, exr(:pt n) return '.)r d(owlir fr'r ills earnest r;,c•nci' I ,i.l ,:i '..
this c„nrcicr.
The delivery of all papers and monies shall be made at the office of: NO real estate agent or commission.
. DQNAI,D, at Law
. ........................................... _ ........
.. .
548 Parkdale Plaza W., 1660 S. Highway 10
St Loin s . Palk Mies�ta �54� 1�fe .....--_ ........ ............................... .. Iii
r the un ersigne , o\Lner o t e a ove lan do . reby appi.,,e
the above agreeme t d the sale the y made. 1 hereby agree to purchase the said property for the price and
RICHFIED CO. upon the terms above mentioned, and subject to all conditions
herein expressed.
By. ��;' �,�,� HOUSING AND REDEVELOPMENT AUTHORITY OF
(SEAL)
Seller y . BRQ.OKLY- N ... C- ENTER ....... . (SEAL)
Buyer
ADDENDUM
TO
PURCHASE AGREEMENT
In addition to the terms stated, the parties hereto agree
as follows:
Prior to or at the time of closing, -gy shall satisfy
that part of the mortgage held by Richfield Bank and Trust
Company, which is filed as Document No. 1045450, and has been
entered as a memorial to Certificate No. 604337, affecting Lots
10 and 11, Guilford Outlots, except those parts of said Lots 10
and 11 lying within the right -of -way of State Trunk Highway No.
100 and the right -of -way of U.S. Interstate Highway No. 94,
according to the plat thereof on file or of record in the office
of the Registrar of Titles in and for said county. —shall
present �e with a- "Satisfaction of Mortgage, in recordable
form, no later than the date of closing.
No IGl7ta,
1111.t.h :Ft_li -AV " :� t`,,.
PURCHASE AGREEMENT
Minneapolis Minn. June 11, 19 82
RECEIVED OF Housing and.-Redevelopment Authority.af Brooklyn Center
the sum of Five . Thous.. and.. c37Cld.. A4� .�QQ- .----- .- .------------- -- ------- ($ 5,000.00 DOLLARS
as earnest money and in part payin(:nt for the purchase of properry at
(check. Cash to be deposited upon acceptance, or Note— State Which
............................. ............................... .. Situated !n the
County of ....................... HeAne
Pill ..............................
State of Minnesota, and legally described as follows, to -wit:
Lots 10 and 11, Guilford Outlots except those parts of said Lots 10 and 11 lying within
the right —of —way of State Trunk Highway No. 100 and the right —of —way of U.S. Interstate
Righway No. 94, according to the plat thereof on file or of record in the office of the
55tD(IXr�z w a y g f�I>
�21L " i"L�iwL�7YLR/�Aw"LySkk��7�_�QSc -
JUK YFI��K�N0.4MAF JV4!<+A +N1��YY�C I(LKYlK1 � - ..
Bare land containing approximately 4.63 acres.
all of which property the undersigned has this day sold to the buyer for the sum of:
ONE HUNDRED THIRTY THOUSAND ,AND. Q.QJ.J..Q�. -. -- - . - - -. -. (s 13Q,.OQO. QQ)011AR&
which the buyer agrees to pay in the following manner :
Earnest n;oney herein paid S 5,000.00 and k 125, 000...0.0 ,cash on q l�e dace slot
In addition, the parties hereto agree as follows: C
I
1. Buyer shall pay the last half of the real estate taxes due in the year 1982 and
any unpaid installments of special assessments payable therewith and thereafter.
2. At time of closing Buyer shall reimburse Seller for appraisal expense up to a
maximum of $300.00.
subject r perf, by the buyer the seller agrees to execute and deliver a -- -- --------- --- ----- - --'
"I be Lined in by spouse, if any) conveying marketable title m said prcn)i,o :. suhjc,t oni} to the full „a n.: cgcepu',
aI 15u;ldin,4 and zoning laves, ordinances, State and Federal Ce,4lllatiOHN.
b I Re,trictions ;.Lacing to use or improvement of premises without effective forfeiture l- ruviswil,
c I Rc-servatiun of any minerals or mineral rights to the State of Dliancsoaa.
d ! [itility and drain,i�c casements which do ncx interfere• with present impt,vernent,.
e , Riche ,, f truants as foiluvvs: (unless specified, not subject to CC n,an Ue.1)
•��'�s�� �7����iia� ®a���s�sG$s 3���S�rP���1 ,�i1;D�i�i�8ila'i�$A3�i�3i'ii
aac= ekstrakxmSeiler warrants that real estate razes due in the vc,tr !f) will bt• noD. homestead home, *: n
hill, partial ur non - homestead( stare !uch r
Neither the seller nor the seller's agent make any rdpl„, r Ili n w v,,r ranry vahacsocver r , ntcrn n r rile
vNhi,h ,hall be assessed a;;ainst the property subsequent to the ,!.arc of
die- �szmremmnsh�mh +si6dizeXy;sf�ratr, aemzatasd�ev�s�sea��oa asks ��m�stslxgms> Frer9es �k��spaa�awsrsasa >Sr�r.��s?�a�}saat±xt�
a►�brzsKetr� €�$
The sc'ler further agrees to deliver pos,cssi „n nor Luc .1-o date of closing l tic lc tha nS ; ,t
, rec-nlent had been complied vith- unless otherwise specified ,! -It ,I n: . u• ,c:i ,.q or hef „re (,0 it,_ t,on1 File ,1, ,:
In the 2\cnt :his property is destroyed or subetanti,illy .I m Ir, . I n ,ra herb r cause h; fe,re the cl ,;Lot Marc, th s r .
bcu,nac null and void, at the purchaser's option, and all music, 1 .,id 1. ,..: I,.r seal, Uc rclunded ru 1wil.
The bil and seller also mots -ally a ,ree that pro .r I inr.,nat re
Inc pn i t ,,. iu rcn Operating expenses, shall be. niade .r date of closing . .
'['he scl er stiall, ,cithln a reasonable rin-te attr appun.al ,f thi, ,,_rtcnient, hltni;h an u) -tra ,t tine,
A! read. ;cut ,i t„ date to include proper earehes „)cril; nll;rucs, and State .11111 Feder.,!
I
rCCC p (Lyre „t ex,t i t .t.:i 1t ti ,.! , i•!,.., 1 ! ill.• •:.,i ur ! i i,i ,
t ' lL tt, Ue \t ;il \r1!, It an\ 1: Djde 4. 11ti ;ire s” 7,1,:111 tl ,l-li ,,.. ,ri. i,ie..
conccti iItt i lu the payments hereunder requirc,i sh,di be p ,rl once(, bur upon correction of title ;and sithin lei ,let„ ;atcr .:i :tc.i „
to the baler. the parries shall perform this agreement ucor,lmg n, its terms.
l: :,i title is not marketable and n 1 `t malls ,, „itlurl I n 1 ,•., 11, 111 the ,Lich• tit v%ritteu ulcrcr i t.
a _rccnicnt ,hall he null and void, at upriun of the buyer, and n.l ' :r I•.,rrvifm! tAl11! he liable Ln d1,urlAI Cc hereon I u, tP A..,c,
All nlCncy chcret, lyre paid by the buyer shall be refunded. If the 1!042 r , ,aid property be found markerat ur he
and said buyer _hall default in any of the acreements and conriiiM ill ,1eLudc for a period of 10 days, tiic11 a,a11 m rl,,a
terminate thi+ conusct and tin such termination all the payments made• tp „n this u,ntracc shall be rehaiued by said seller ,an.!
their rzs[ettivc intervscs may appear, as liquidated damages, rimy brio tit the essence hereof. Thin pr %isrun sha!i out I 1r
nc�c r ;.tit ,;f cnf,.rdan the s.peciiic performance of this contract I,n,t Idr1! ,uth coiitialr shall nut be terniin,tt 1 as aluresu ; n t t
to ent,;rte still specilic performance shall be commenced within sip niul,th, .after such ri2lit of action shall ,arise•.
Ii i, unlierstr, and acreed that this sale is made subject r„ the .ipl)roval by the Owner of said prcnii,cs in vvritiu;; ,uul ri!.tt tt:c a :ndcf
sicnc•d accnt is in no manner liable or responsible on acc,wnr of This a:_rcement, except to return or acrounC L:r the carnet m,s;e';
chi., u,nrrdct.
The delivery of all papers and monies shall be made at the office of: No real estate agent or commission.
....... .... ....
DQ�t�1I,D „R•. „BUNDLIE, Attorney at Law
548 Parkdale Plaza W., 1660 S. Highway 10
St Loi ns .P , ak Mipi sgta 54 do 1 ..................... ............................... �
r the un ersigne od ner o t e a ove lan . re Y pp :o a +e -
the above agreeme t d the sale the y made. I hereby agree to purchase the said property for the price and
RICHFdEfD CO. \ upon the terms above mentioned, and subject to all conditions
y herein expressed.
� l• HOUSING AND REDEVELOPMENT AUTHORITY OF
:. �.�i..... ....... ... ...... .. . .....
.. .. ...(SEAL)
Seller BRO.ORLYN ... O.ENT..ER........ ....... (SEAL)
Buyer
MINUTES OF THE PROCEELINNGS or THE CITY COUNCIL
OF THE CITY OF 'POCKLYN CENTEI "'a THE COUNTY OF
HENNEPIN AND THE STATE OI` MTNNESOTA
REGULAR .ESSION
14AY 2 4, 1 9 82
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order
by a Ny at 7:10 .m.
Y
Mavo De n q
Y
P
RO LL CALL
Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis. Also present. were City Mana.aer. Gerald Splinter, Director of Public Works
Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection
Ron Warren, City Attorney :Richard Schieffer, Assistant City Engineer Jim Grube,
City Sanitarian Tom Heenan, and Administrative Assistant Tom Bublitz.
IN
The invocation was offered by Councilmember Hawes.
OPEN FO
Mayor Nyquist noted the Council had not received any requests to use the Open Forum
session this evening. He inquired of the audience if there was anyone present who
wished to address the Council. There being none, he proceeded with the regular
agenda items.
• CONSENT AGENDA
� members desired
an
mPmb
Mayor Nyquist inquired if any o� the Council _ Y items removed from
the consent agenda. Councilmember Hawes requested that item 8d be removed from the
consent agenda.
The City Manager requested that two items be added to the agenda, those being a
Resolution Approving a Contract for Professional Services for Central Park Develop-
ment, and also, an itinerant food and beer license for the volunteer sire department,
in conjunction with Early Bird Days.
APPROVAL, O M INUTES - MPY 10, 1982
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve the minutes of the City Council meeting of May 10, 1.982 as submitted. Voting
in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting
against: none. The motion passed unanimously.
RESOLUTIONS
RESOLUTION N O. 82 -87
Member Celia Scott introduced the following resolution and moored its adoption:
RESOLUTION ACCEPTING GIFT OF A BUTTE'RNU'T TREE FOR THE ARBORETUM FROM THE BROOKLYN
CENTER CONSERVATION COM�.MISSION
The motion for the adoption of the foregoing resolution was duly seconded by
• member. Bill Hawes, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Ge;le Lhotka, Celia Scott, Till Hawes, and Rich
Theis; and the following voted against this same: none, whereupon said resolution
5 -24 -82 - i-
� V x
was declared duly passed and adopted.
RESOLUTION NO. 82 -88 •
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING GIFT OF A BLACK SPRUCE TREE FOR THE ARBORETUM FROM THE HOME
AND GARDEN CLUB OF BROOKLYN CENTER
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION NO. 82 - 89
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING GIFT OF A SCHWEDLER MAPLE TREE FOR THE ARBORETUM FROM THE
BROOKLYN CENTER LIONS CLUB 4
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION N 82 - 90
Member Celia Scott introduced the following resolution and moved its adoption: •
RESOLUTION ACCEPTING GIFT OF A MOUNTAIN ASH TREE FOR THE ARBORETUM FROM THE
BROOKLYN CENTER LIONESS CLUB
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION NO. 82 - 91
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING GIFT OF A SILVER MAPLE TREE FOR THE ARBORETUM FROM GIRL
SCOUT TROOP #1269, EVERGREEN SCHOOL
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION NO. 82 - 92
Member Celia Scott introduced the following resolution and moved its adoption:
5 -24 -82 -2
RESOLUTION ACCEPTING GIFT OF AN AMERICAN LINDEN TREE FOR THE ARBORETUM FROM
ORCHARD LANE ELEMENTARY SCHOOL
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and upon vote being taken thereon, the following voted in
favor. thereof: Dean Nyquist, Gene Lhotka, Celia Sclott; Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION NO. 82 -93
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING GIFT OF A LITTLE LEAF LINDEN AND A SUGAR MAPLE TREE FOR
THE ARBORETUM FROM DISTRICT 5, CAMP FIRE
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
LIC
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve the following list of licenses:
GARBAGE AND REFUSE VEHICLE LICENSE
Block Sanitation 6741 70th Ave. N.
MECHANICAL SYSTEMS LICENSE
Egan & Sons Co. 7100 Medicine Lk.. Rd
MOTOR VEH ICLE DEALERSHI LI CENSE Class A
Brookdale Ford 2500 County Rd. 10
RENTAL DWELLING LICENSE
Initial:
Edstrom Associates Twin Lake North Apts.
Sigmund W. Bona 5207 Xerxes Ave. N.
Frances M. "Lunacek 5211 Xerxes Ave. N.
David Larson 1313 57th Ave. N.
Kermath & Mary Beth Ward 3400 62nd Ave. N.
Renewal:
Brookdale Towers Program Brookdale Towers.
Brooklyn Development Co. Earle Brown Farm Apts.
Ewing Square Associates Ewing Square Townhouses
Manferd Rasmussen & John Christengien 7020 Brooklyn Blvd.
Larry W. Karkela 5821 Camden Ave. N.
5 -24 -82 -3-
RENTAL DWELLING LICENSE (CONTINUED)
Renewal:
Gordon & Joanne Sandahl 6836 Drew Ave. N.
Patrick J. Gaughan Victoria Townhouses
John E. McDonald 6430 Major Ave. N.
Richard E. Moehrle 5817 Shores Dr.
John S. Tschohl 2206 54th Ave. N.
SIGNHANGER LICENSE
Cragg Inc. 9636 85th Ave. N.
Daniel Signs 5575 County Rd. 18
Naegle Outdoor Advertising 1700 W. 68th St.
Royal Crown Beverage Co. 553 N. Fairview Ave.
SWIMMING POOL LICENSE
Indoor:
Spa Petite 5615 Xerxes Ave. N.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
_A PPEAL FROM ADMINISTRATIVE INTERPRETATION OF' BROOK CENTER FOOD CODE
The City Manager stated that this item comprehends an appeal,,by Fisher Food Product-
Inc., 6800 Shingle Creek Parkway, of an administrative interpretation of the City's
food code regarding requirements for floor surfaces in food processing operations.
He proceeded to review the City Sanitarian's report regarding his recommendations
for the floor surface for Fisher Food Products, Inc. He also noted that the Council
has before them a letter from Mr. John Urbach, of the Hennepin County Community
Health Department, which clarifies his comments made to Mr. Michael Gavin, Attorney
representing Fisher Food Products, Inc. He reviewed the letter from Mr. Urbach and
also the City Sani.tarian's report regarding Fisher. Products, Inc. floor. He explained
that the City's interpretation of the portion of the food code regarding floor
surfaces has been consistent over the past ten to twelve years, and that the staff
believes the type of floor surface proposed by Fisher Food Products, Inc. is not
adequate for the type of food processing operation they are involved in. The City
Council viewed several slides showing the floor surface in food processing operations
similar to Fisher Food Products, Inc. The slides showed two types of floor surfaces,
a concrete floor which showed signs of wear and a quarry tile floor which showed no
signs of wear. The City Manager stated that the City's position is that the floor
proposed by Fisher Food Products, Inc. will not wear well under the conditions of
salad preparation operations, and when the floor becomes worn it is not possible
to clean the floor properly.
Councilmember Hawes commented that in his work he has been involved in similar
situations where steel wheel carts were run over a concrete floor sealed with
polyurethane, and added that the polyurethane was quickly worn off and the dust
from the floor increased, and the polyurethane had to be replaced every few months
as a result of this. The City Manager stated that he believes the City has had a
consistent policy with regard to floor surfaces in food processing operations.
5 -24 -82 -4-
Mayor Nyquist recognized Mr. Michael Gavin, Attorney representing Fisher Food
• Products, Inc. Mr. Gavin stated that he was originally under the impression that
Mr. Urbach indicated that the Hennepin County Food Protection Ordinance applied
only to retail operations not wholesale operations. He stated that Fisher Foods
has a small amount of traffic and uses rubber tire carts in its operation. He
stated that he believes the polyurethane is an advancement, noting that it is
very easy to clean and that it can break down, but it also can be renewed. He
stated that Mr. Steve Morrell, of the U. S. Department of Agriculture, has approved
a concrete floor in the food preparation area. Mr. Gavin asked for a provisional
permit from the Council to allow a "wait and see period" to monitor and see how the
polyurethane treated concrete floor perforris.
Mayor Nyquist inquired whether the applicant's objection was primarily because of
the cost related to other types of floor surfaces. Mr. Gavin replied that the
objection was based on cost factors and also that the grout in ceramic tile floors
is hard to clean, pointing out that, in his opinion, concrete floors are easier
to clean. Councilmember Lhotka commented that according to the City Sanitarian's
letter, Fisher Foods had previously agreed to the City Sanitarian's recommendations
concerning floor surfaces. Mayor Nyquist recognized Mr. Carl Iliff, representing
Fisher Foods, who stated that he originally agreed to the City's regulations, but
in examining the requirements he learned that a "smooth surface" was required and
that this did not necessarily mean a the floor. Councilmember Hawes inquired of
Mr. Iliff whether the manufacturer of the specific polyurethane product could
certify the performance in Fisher Foods operation. Mr. Iliff explained that he
believed the performance could be guaranteed, and that an important part of the
process is the initial application process noting that it must be done properly.
Mr. Gavin pointed out that a technical report he had on the product states that
it will stand -up to food and mineral acids. Councilmember Theis commented that
the problem with the floor surface appears to be related to a wear factor rather
than how the product would stand -up to acids. Mr. Gavin stated that he had no
data related to wear on the polyurethane surface.
The City Sanitarian commented that his office has required retro - fitting of
similar type facilities in Brooklyn Center or Brooklyn Park and Crystal because
of wear problems. He explained that no concrete floor exists in operations such
as this in any of the three cities.'
Councilmember Lhotka stated that his company uses the polyurethane product on new
concrete floors and that there is a problem with wear. He explained that a quarry
tile floor is a standard in almost all cities he has dealt with.
The City Attorney commented that Mr. Gavin had previously indicated a request for
a provisional license. He explained that he has a problem with. the City granting
any type of provisional. license since once a license is issued it is difficult to
get the applicant to make corrective actions, if they should become necessary,
rather than to have it done correctly the first time. He also pointed out that
the purpose of an ordinance is to avoid inspections and reins,pections, and that
a provisional license would necessitate a number of inspections. He pointed out
that the key word in the ordinance is impermeable, and noted that the City Sanitarian
has indicated that acid and wear breaks down the concrete floor surface. He also
noted that two of the Council members have had personal experiences with wear
problems on concrete floors. He pointed out that the grout between the tile in
a quarry tile floor, according to the City Sanitarian, is not composed of concrete
but a special epoxy. He added that the City Sanitarian's experience in Brooklyn
Center, Crystal, and Brooklyn Park has led to the exclusive use of quarry tile
floors in food processing operations because of past experience with wear problems.
5 -24 -82 -5-
Mr. Gavin stated that he believes the staff has a personal preference for the
type of floor recommended, and that he does not believe it is reflected in the •
City's ordinance. He stated that it is difficult to believe that the ordinance
can specify these preferences, and that he believes the polyurethane meets the
ordinance requirements.
The Council continued to discuss the appeal of Fisher Food Products, Inc. There
was a motion by Councilmember Lhotka and seconded by Councilmember Theis to deny
the appeal from the administrative interpretation of the Brooklyn Center Food
Code, Section 8 -120, by Fisher Products, Inc. regarding requirements for floor
surfaces in food processing operations. Voting in favor: Mayor Nyquist, Council -
members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion
passed unanimously.
P RESENTATION OF PUBLIC SERVICE AWARD TO MS. DOROTHY BUCKINGHAM
Mayor Nyquist stated that Dorothy Buckingham served on the Northwest Hennepin Human
Services Council as Brooklyn Center's representative for many years, and did an
excellent job for the City. He explained that when she resigned this past December
a plaque was prepared to recognize her, service but that he was unable to present
it last winter, and would now like to take this' opportunity to present a resolution
from the City Council recognizing the outstanding public service of Dot Buckingham.
RESOLUTIONS (CONTINUED)
In discussion of a Resolution Authorizing the Issuance of Temporary Improvement
Notes, the Director of Finance reviewed the City's Investment Trust Fund, and
explained that this fund is an investment fund for all funds of the City, and
that the interest earnings in the fund are allocated to each fund based on the
amount of dollars allocated from each separate fund. He also explained the use
of temporary improvement notes and master improvement notes as proposed in the
resolutions before the Council this evening.
RESOLUTION NO. 82 -94
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES
i
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION NO. 82 -9
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PROCEDURES FOR THE ISSUANCE OF TEMPORARY IMPROVEMENT
MASTER NOTES
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
5 -24 -82 -6-
RESOLUTION NO. 82 -96
Member Rich Theis introduced the following resolution and moved its adoption:
• RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST
FUND TO OTHER FUNDS OF THE CITY OF BROOKLYN CENTER
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The City Manager introduced a Resolution Authorizing Execution of an Agreement
for Professional Services with Brauer and Associates, Ltd., Inc. for Central Park
Design Development. He explained that the City has received state LCMR approval
for the project this week, and the staff is requesting approval of the contract
with Brauer and Associates for the design development work on the project subject
to the City Manager's and City Attorney's review.
RESOLUTION NO. 82 -97
Councilmember Lhotka introduced the following resolution and moved its adopti n �-
subject to review of the contract with Brauer and Associates, Ltd., Inc. by the
City Manager and City Attorney:
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
BRAUER AND ASSOCIATES, LTD., INC. FOR CENTRAL PARK DESIGN DEVELOPMENT
The motion for the adoption of the foregoing resolution was duly seconded by
• member Celia Scott, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
OR DINANCES
The City Manager introduced the next two agenda items,, An Ordinance Amending
Chapter 23 of the City Ordinances Regarding Regulating and Licensing Amusement
Devices, and An Ordinance Amending.Chapter 35 of the City Ordinances Regarding
Amusement Centers. He pointed out that the ordinances were first read on April
26, 1982, published on May 6, 1982, and are recommended for a second reading this
evening.
Mayor Nyquist commented that the only issue with regard to the approval of the
ordinances appears-to be with the fee. Mr. Steve Nelson, representing the Lynbrook
Bowl, stated that the ordinance is, in his opinion, well written and his only
concern is the stated fee in the ordinance.
Mayor Nyquist opened the. meeting for the purpose of a public hearing on An Ordinance
Amending Chapter 23 of the City Ordinances Regarding Regulating and Licensing Amusement
Devices. The Mayor recognized Ms. Lonnie McCauley who stated that the Chamber
was not involved in the drafting of the ordinance, and has not taken any official
position with regard to the ordinance. She stated that a meeting of the operators
and distributors, which was facilitated by the Chamber of Commerce, resulted in
the conclusion that in general, people present at the meeting felt a fair ordinance
• was drafted. Mayor Nyquist recognized Mr.. Norman Pink, representing the Association
5 - 24 -82 -7-
of Amusement Operators of Minnesota. Mr. Pink complimented the Director of
Planning & Inspection for his fairness in dealing with the vendors and operators
in drafting the ordinance. Mayor Nyquist recognized Mr. Steve Nelson, representing •
the Lynbrook Bowl, who stated that the surveys of license fees for amusement games
`. conducted by the City and by Lynbrook.Bowl, on behalf of the Chamber of Commerce,
resulted in dollar amounts that were quite close.
Discussion continued concerning the fees stipulated in the ordinances. Mayor
Nyquist inquired if anyone else wished to speak at the public hearing. No one
appeared to speak and he entertained a motion to close the public hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
close the public hearing on An Ordinance Amending Chapter 23 of the City Ordinances
Regarding Regulating and Licensing Amusement Devices. Voting in favor: Mayor
Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none.
The motion passed unanimously.
There was a motion by Councilmember Scott and seconded by Councilmember Theis to
amend Section 23 -010 by reducing the $75 fee per machine to $50, and to review
the ordinance fees in one year from tke date of passage of the ordinance. The
motion was duly seconded by Councilmember Rich Theis. In discussion of the motion,
Councilmember Lhotka stated that he had no problem with lowering the fee to $50
but that he would like the staff to comment. The City Manager stated that the
staff developed the ordinance under a number of assumptions, and that the staff
and Chamber's research on license fees was remarkably close. The Director of
Planning & Inspection stated that the $50 fee will take care of costs related
to the administration of the ordinance for a one year period, but that it should
be noted that costs change with inflation and other factors related to the admin- •
istration of the ordinance.
Upon the vote being taken on the motion the following voted in favor thereof:
Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against:
none. The motion passed unanimously.
ORDIN NO. 82 -5
Councilmember Lhotka introduced the following ordinance and moved its adoption
as amended by the previous motion:
AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING REGULATING
AND LICENSING AMUSEMENT DEVICES
The motion for the adoption of the foregoing ordinance as amended was duly seconded
by member Rich Theis, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said ordinance
was declared duly passed and adopted.
Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance
Amending Chapter 35 of the City Ordinances Regarding Amusement Centers. He inquired
if there was anyone present who wished to speak at the public hearing. No one
appeared to speak and he entertained a motion to close the public hearing.
5 -24 -82 -8-
ORDINANCE NO. 82 -6
Member Rich Theis introduced the following ordinance and moved its adoption:
• AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING AMUSEMENT CENTERS
The motion for the adoption of the foregoing ordinance was duly seconded by
member Celia Scott, and upon vote being taken thereon, the following voted.in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said ordinance
was declared duly passed and adopted.
The City Manager introduced An Ordinance Vacating Sanitary Sewer and Storm Sewer
Easements Within Tract A of Registered Land Survey No. 1.377. He pointed out that
the easements must be vacated in conjunction with the development of Shingle Creek
Plaza II, and that the property owner has granted substitute easements for relocation
of existing utilities and is relocating those utilities at no cost to the City.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve for first reading An Ordinance Vacating Sanitary Sewer and Storm Sewer
Easements Within Tract A of Registered Land Survey No. 1377, and to schedule a
public hearing for the ordinance for 8:00 p.m. on June 28, 1982. Voting in favor:
Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against:
none. The motion passed unanimously.
RECESS
The Brooklyn Center City Council recessed at 8:15 p.m. and reconvened at 8:35 p.m.
PUBLIC HEARING ON EVERGREEN AREA IMPROVEMENTS 'STREET IMPROVEMENT PROJECT NO.
t
1982 -09; SANITARY SEWER IMPROVEMENT PROJECT NO. 1982 -10; WATER MAIN IMPROVEMENT
PROJECT NO. 1982 -11)
The City Manager explained that notices of the proposed improvement and of the
public hearing scheduled this evening have been sent to the owners of all benefited
properties, and that notice of the hearing has also been published in the official
newspaper.
The Assistant City Engineer reviewed the engineer's report prepared for the
improvement projects. He reviewed the project description, project location,
funding sources, financing summary, and revenue sources summary for the projects.
He explained that the proposed street improvement project provides for a 32' street
surface without curb and gutter, and that such a proposal provides flexibility in
the ultimate design of the street between Trunk Highway 252 and Dupont Avenue. Also,
proposed under this project, he pointed out, is the installation of all storm sewer,
sanitary sewer, and water main to adequately serve the area during the interim period
and upon final completion of all street improvements.
The City Manager noted that correspondence regarding the project had been received
from Mr. Paul Rosso, 7 Ortman Street, Southeast Minneapolis, and he requested the
City Attorney to respond to Mr. Rosso's letter addressed to the City Manager and
dated May 14, 1982.
The City Attorney stated that he has prepared his response to Mr. Rosso's letter
5 -24 -82 -9-
Y
and he would like to review for Council members his prepared response. The City
Attorney noted that Mr. Rosso's first question deals with the effect of the City's
comprehensive plan on the project. He explained that the comprehensive plan is
not, as Mr. Rosso says, a law. He .reviewed the statutory definition of a compre-
hensive plan and explained that a comprehensive plan is a recommendation by the
City's Planning Commission regarding the physical development of the City, and
that a comprehensive plan is intended to be reviewed and changed if necessary.
He noted that comprehensive plans do not have to be changed before an event occurs,
and explained that land can be rezoned before a comprehensive plan is changed, as
long as the plan is at some point reconciled with the rezoning. He emphasized
that the plan is a guideline and is not a law.
The City Attorney stated that the thrust of Mr. Rosso's concern as expressed in
the second major point of his letter, is over the power of the City over its roads.
He explained that this is controlled by State Statutes and City Charter. The City
Attorney read and reviewed Section 1.02 of the City Charter titled Powers of the
City ".
The City Attorney proceeded to review Chapter 412 of the Minnesota State Statutes
and read for Council members M.S. 411211 which discussed the City's power to buy
property for public projects. He then read M.S. 412.221, subdivision 6, which
reviewed the City Council's power to open, change, widen, or extend streets.
The City Attorney stated that in the third major point of Mr. Rosso's letter, he
addresses the power of eminent domain. He commented that there is a difference
between the power to do something, and the procedures required to accomplish it.
He noted that the City is bound by Chapter 117 of the State Statutes regarding
condemnation of land.
In review of the fourth major point of Mr. Rosso's letter, the City Attorney
addressed the assessment of property when MSA funds are used in a project. He
proceeded to read M.S. 429.051, the State Statute dealing with special assessments.
He explained that the statute allows assessments against property where state aid
funds are used.
The City Attorney then proceeded to review Mr. Rosso's letter of May 14, 1982,
page by page. On page 1, the City Attorney pointed out that he believes he has
covered the concerns expressed by Mr_. Rosso regarding the comprehensive plan,
and emphasized again that the comprehensive plan serves as a guideline and is
not a law.
In review of page 2 of Mr. Rosso's letter, the City Attorney pointed out that in
paragraph 5 Mr. Rosso's discussion of eminent domain refers only to ditches, and
the Brooklyn Center project is not dealin g with a ditch proceeding.
In review of page 3, the City Attorney stated that eminent domain does not supersede
the state constitution but rather the two work together. He also pointed out in
paragraph 3, Mr. Rosso refers to Chapter 368 of the State Statutes, which deals
only in township law,and is therefore not applicable to Brooklyn Center since it
became a City in 1911. In review of the last paragraph of page 3 of Mr. Rosso's
letter, the City Attorney pointed out that the City does have power and that every
City has jurisdiction over the streets within its municipal boundaries, according
to the proper procedures..
5 -24 -82 -10-
The City Attorney reviewed page 4 of Mr. Rosso's leeter, pointing out that the
Northwest Ordinance of 1787 controlled the area of North America purchased from
France. He explained that in 1856 Minnesota became a state and the Northwest
Ordinance of 1787 no longer applies. - in review of the 4th paragraph on page 4
of Mr. Rosso's letter, the City Attorney noted that the state legislature has
abolished common law and replaced it with statutes. In review of paragraph 5,
the City Attorney pointed out that no obstruction of public streets exists as
claimed in Mr. Rosso's letter, and that the City has the authority to change the
location of streets.
With regard to page 5 of Mr. Rosso's letter, the City Attorney commented on item
lc and noted that any public need for a project is determined by the City Council
upon recommendation of the City's professional engineering recommendations.
The City Attorney, in review of page 6 of Mr. Rosso's letter, addressed Mr. Rosso's
explanation of the definition of the word used, and noted that the state statute
has determined what the definition of use means with regard to how MSA funds can
be used along with assessments.
In review of page 7 of Mr. Rosso's letter, the City Attorney pointed out that MK,.
Rosso's assertions are contradicted by state statute and by case law, and that he
believes the City's authority in this project is very clear.
Mayor Nyquist opened the meeting for the purpose of a public hearing on Evergreen
Area Improvements (Street Improvement Project Ne. 1982 -09; Sanitary Sewer Improvement
Project No. 1982 -10; Water Main Improvement Project No. 1982 -11).
Mayor Nyquist recognized Ms. Melba Evanson, who stated that on April 23, 1981, a
rezoning request for her property was discussed and referred to the Northeast
Neighborhood Advisory Group. She stated that she has not received any notices
regarding this group's review of the proposed rezoning. She stated that she
believes the road project is being handled backwards, if it is to be built before
Highway 252 is built. She inquired whether the project was already decided before
the public hearing was held.
Mayor Nyquist noted that in a number of instances, the City Council has changed a
project after a public hearing was held, and that the Council takes the public
hearings very seriously. The City Manager commented that the project being
discussed this evening is independent of any zoning issue on the property. He
explained that roadway planning is undertaken to plan for future development,
including the completion of Highway 252. Discussion continued regarding the.
rezoning and future of the Evanson property.
Mayor Nyquist recognized Mr. Bill Semple, who stated that he represents a group
planning to purchase the Columbus Village Apartments, and that he questioned
whether the apartments would benefit from the project. The City Manager stated
that the assessment hearing will be held at a future date, and at that time a
determination of benefit to the property will be discussed.
Mr. Paul Rosso presented the City Council with a letter dated May 24, 1982 which
discussed the Evergreen Area Improvements. Mayor Nyquist acknowledged acceptance
5 -24 -82 -11-
of the letter and directed that the letter be entered into the offical meeting
record. Mr. Rosso then requested that he be sent a copy of the May 24, 1982
City Council minutes. He also requested that the project be delayed until the
Minnesota Department of Transportation is aware of what is going on with the
project. He stated that MN /DOT said the project will not receive MSA funds until
a project plan is approved, and that he requested a delay until the proper procedural
steps are taken, The City Manager pointed out that the MSA funds for the project
are here and that the City has them now. He pointed out that the roadway is an
interim roadway section and that when Highway 252 is built, then the permanent plans
will be sent to the state. He stated that this project is of a size that can be
built with the MSA funds that the City now has on hand.
In response to Mr. Rosso's comments on the Highway 252 project, he explained that
the project is a couple of years away but the layout plans for the project are
underway currently, and that the state must know where the major intersections
will be placed for planning purposes.
Mayor Nyquist inquired if there was anyone else who wished to speak at the public
hearing. No one else appeared to spea$ and he entertained a motion to close the
public hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
close the public hearing on the Evergreen Area Improvements. voting in favor:
Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against:
none. The motion passed unanimously.
RESOLUTION NO. 82 -98
Member Gene Lhotka introduced - the following resolution and moved its adoption:
RESOLUTION ORDERING STREET IMPROVEMENT PROJECT NO. 1982 -09, SANITARY SEWER
IMPROVEMENT PROJECT NO. 1982 -10, WATER MAIN IMPROVEMENT PROJECT NO. 1982 -11
AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECTS NOS.
1982 -09, 1982 -10, 1982 -11 (EVERGREEN AREA IMPROVEMENTS)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
DECLARATION OF SURPLUS PROPERTY
There was a motion by Councilmember Scott and seconded by Councilmember Lhotka
to declare three liquor store cash registers as surplus property and to authorize
their sale through advertised sale.
RESOLUTION HONORING AMERICA
Mayor Nyquist noted that the federal Congress has designated Flag Day through
July 4th as a time to honor America, and has invited the City to proclaim the
21 days from Flag Day through Independence Day as the period to honor America.
RESOLUTION NO. 82 -99
Member Gene Lhotka introduced the following resolution and moved its adoption:
'� 5 -24 -82 -12-
RESOLUTION HONORING AMF_'RICA FROM FLAG DAY MONDAY, TUNE 14 THROUGH INDEPENDENCE'
DAY, SUNDAY JULY 4, 1982
• The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Their; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
Mayor Nyquist noted that he has received a notice that on May 28 a "Dance for
Poland Day" will be held to raise funds for food to be sent to Poland.
AD
There was a motion by Councilmember Hawes and seconded by Councilmember Scott to
adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka,
Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously.
The Brooklyn Center City Council adjourned at 9:55 p.m.
r
Clerk Mayor
•
2
5 -28 -82 -13-
TO: Sy Knapp, Director of Public Works
FROM: - Jim Grube, Assistant City Engineer��`-
DATE: June 10, 1982
RE: Subdivision Bond Release
Garcelon 2nd Addition (Camden Avenue and 56th Avenue)
An irrevocable letter of credit, issued February 22, 1982, was
provided by Camden Northwestern Bank in the name of Donald Stark
as a guarantee for improvements to Garcelon 2nd Addition.
The letter of credit, in the amount of $6,450.00, provided coverage
for utility service extensions, placement of sod within street
right of way, and placement of survey monuments. All improvements
have been acceptably completed; therefore, it is recommended the
City Council release the bond as requested by the Developer.
JNG: jn
f
MEMORANDUM
TO: Ronald A. Warren, Director of Planning and Inspection
FROM: Gary Shallcross, Planning Assistant
DATE: June 11, 1982
SUBJECT: Performance Guarantee
The following performance guarantees are recommended for release:
1. Hot Line Realty (Moorwood Townhouses)
58th and Shores Drive
Planning Commission Application No. 79038
Amount of Guarantee - $4,000 Cashier's Check
Obligor - Hot Line Realty
No work has commenced on this project since it was approved on June 25, 1979.
Building permits for construction have been renewed twice and the Building
Official is voiding permits due to expiration. Recommend total release of
financial guarantee. Improvements around existing units are completed. Any
proposed construction of remaining platted units will require a new financial
guarantee.
2. Cass Screw
4748 France Ave. North
Planning Commission Application No. 79052
Amount of Guarantee - $3,000 bond
Obligor - Cass-Screw Machine Products
Original bond of $25,000 was authorized for reduction by tie City Council on
October 19, 1981. All trees have been installed and all paving, curb and
gutter is complete. Recommend total release.
3. Northbrook Estates
58th and Logan Avenues North
Planning Commission Application No. 79056
Amount of Guarantee - $3,000 bond
Obligor - Village Builders
Original bond of $18,000 was authorized for reduction to $3,000 by the City
Council on November 9, 1981. Six inch (6 ") diameter trees have been installed
and one tree broken off over Winter has been replaced. All improvements are
now complete. Recommend total release.
Approved y
Rona d A. Warren, Director o f P I arming ard Inspection
�VCATIOH
� Z
r C
Z �n
f <
May 24, 1982 u H
gal
Mr. Jerold Splinter
City Manager, Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mr. Splinter:
It's that time of the year again for the annual recruitment for representatives
to the Community Education and Services Advisory Council. As you know, the
District 281 membership policy on the Community Education and Services Advisory
Council requires that one representative from the City Councils and one rep -
resentative from the City Managers in the cities that make up District 281 serve
on the Community Education and Services Advisory Council. This past year,
you didn't have a City Manager representative and John Schaaf, City Council
member from Crystal resigned effective April 20, 1982.
The meetings are held on the last Wednesday of each month from September
through June, at 4 p.m., in room 102 at the Fair Community Education Center,
3915 Adair Avenue North.
After your group has selected your representative, will you please forward the
name to Dr. Leroy E. Hood, Superintendent, 4148 Winnetka Avenue North, Minneapolis,
Minnesota 55427, no later that June 30, 1982. Thank you for your assistance in
selecting a representative to serve on the council.
If you need more information, please call me at 533 - 2781, extension 218.
Sincerely,
2j 0
Carroll G. Vomhof
Director
de
cc: Dr. Leroy E. Hood
COMMUNITY EDUCATION AND SERVICES
INDEPENDENT SCHOOL DISTRICT 281 ROBBINSDALE AREA SCHOOLS
3915 ADAIR AVENUE NORTH - CRYSTAL, MINNESOTA 55422 - PHONE 812- 533 -2781
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Tom Bublitz, Administrative Assistant
DATE: June 11, 1982
SUBJECT: Recruitment for Representatives to the Community Education
and Services Advisory Council for District 281.
Mr. Vomhof`s office has informed me that Patricia Hoyt Neils, Councilmember
from Plymouth has expressed an interest in serving on the Advisory Council.
Additionally, Dan Donahue, City Manager of New Hope has expressed an interest
in serving as a City Manager representative on the Advisory Council.
If any Brooklyn Center Councilmember would like to serve on the Advisory
Council the City Council should submit the name of the Councilmember by
June 30th. The duties of the Advisory Council include, approving the annual
budget, authorizing expenditures throughout the year, and some involvement
in program review. If no Councilmember from Brooklyn Center expresses an
interest in serving I would recommend that the Council make a motion supporting
the appointment of Ms. Neils and Mr. Donahue.
NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION
• 4141 Douglas Drive North Crystal, Minnesota 55422 - (612) 537 -8421
April 28, 1982
TO: Commission Directors and Associate Directors
FROM: John T. Irving, Chairman
SUBJECT: Appointments
This will serve as a reminder that the terms of directors and associate directors will
expire May 31 of this year. All new terms will be for a one -year period, commencing
June 1.
Since our June meeting on the 21st is the annual meeting of the Commission, it is
requested that all appointments be made and reported in writing prior to the end of May.
Also, the By -Laws specify that the membership of associate directors be accepted by
action of the Commission. This should take place at the next regular meeting, May
17. (Annual dues of $250 for each associate director would thus be due June 17.)
Your assistance on this matter is appreciated.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
a RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -L
(CENTRAL PARK/GARDEN CITY PEDESTRIAN TRAIL IMPROVEMENT
PROJECT NO. 1981 -15, EXERCISE STATION IMPROVEMENT PROJECT
NO. 1981 -25)
WHEREAS, pursuant to written Contract 1981 -L signed with the City
of Brooklyn Center,, Minnesota, Barber Construction Company, Inc. of Minnetonka,
Minnesota has satisfactorily completed the following improvements in accordance
with said contract:
CENTRAL PARK/GARDEN CITY PEDESTRIAN TRAIL IMPROVEMENT
PROJECT NO. 1981 -15
EXERCISE STATION IMPROVEMENT PROJECT NO. 1981 -25
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The work completed under said contract and change orders, is
accepted and approved according to the following schedule:
CENTRAL PARK/GARDEN CITY PEDESTRIAL TRAIL IMPROVEMENT
PROJECT NO. 1981 -15
Previously Approved Final Amount
Original Award $33,310.50 $31,269.23
Change Order No. 1 4,455.50 4,327.23
Change Order No..2 1,254.30 978.56
Change Order No. 3 386.40 386.40
TOTAL $39,406.70 $36,961.42
EXERCISE STATION IMPROVEMENT PROJECT NO. 1981 -25
Previously Approved Final Amount
Original Award $14,905.09 $14,905.09
2. The value of work performed is less than the sum of the original
contract and change orders by $2,445.28 due to a general over-
estimation 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 $51,866.51.
RESOLUTION N0.
Date Mayor
ATTEST: _
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the follcwing resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -G
(SIDEWALK IMPROVEMENT PROJECT NO. 1981 -13, CURB AND GUTTER
REPAIR PROJECT NO. 1981 -21: VARIOUS LOCATIONS)
WHEREAS, pursuant to written Contract 1981 -G signed with the City
of Brooklyn Center, Minnesota, Edward Watson Construction Company, Inc. of
Minneapolis, Minnesota has satisfactorily completed the following improvements
in accordance with'said contract:
SIDEWALK IMPROVEMENT PROJECT NO. 1981 -13
CURB AND GUTTER REPAIR PROJECT NO. 1981 -21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The work completed under said contract and change order is
accepted and approved according to the following schedule:
SIDEWALK IMPROVEMENT PROJECT NO. 1981 -13
Previously Approved Final Amount
Original Award $11,297.05 $ 9,001.55
Change Order No. 1 1,771.05 1,084.60
TOTAL $13,068.10 $10,086.15
CURB AND GUTTER REPAIR PROJECT NO. 1981 -21
Previously Approved Final Amount
Original Award $ 5,229.00 $ 5,229.00
Change Order No. 1 $ 3,609.00 $ 3,226.50
TOTAL $ 8,838.00 $ 8,455.50
2. The value of work performed is less than the sum of the original
contract and change order by $3,364.45 due to a general over-
estimation 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 $18,541.65.
Date Mayor
ATTEST:
Clerk
RESOLUTION NO.
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and seconded.
{ MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
' OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN
AND THE STATE OF MINNESOTA
STUDY SESSION
MAY 27, 1982
• CITY HALL
CALL TO ORDER
The Planning Commission met in study session and was called to order
by Chairman George Lucht at 7:33 p.m.
ROLL CALL
Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson,
Lowell Ainas, Carl Sandstrom and Donald Versteeg. Also present
were Director of Planning and Inspection Ronald Warren and Planning
Assistant Gary Shallcross.
APPROVAL OF MINUTES - A2ril 29, 1982
Motion by Commissioner Ainas seconded by Commissioner Malecki to
approve the minutes of the April 29, 1982 Planning Commission
meeting as submitted. Voting in favor: Chairman Lucht, Commissioners
Malecki, Manson, Ainas, Sandstrom and Versteeg. Voting against: none.
The motion passed.
APPLICATION NO. 82022 (Brook Park Baptist Church)
Following the Chairman's explanation, the Secretary introduced the
first item of business, a request for site plan approval to provide
screening of the parking lot at 4801 -63rd Avenue North. The Secretary
reviewed the contents of the staff report (see Planning Commission
Information Sheet for Application No. 82022 attached).
Commissioner Simmons arrived at 7:39 p.m.
Commissioner Simmons asked whether the shrubbery on the far side of
the parking lot would not block out the view of the resident at
4811 -63rd Avenue North as much as the shrubbery immediately along
his property line. The Secretary explained that the house sits up
at a higher elevation than the parking lot and that shrubbery closer
to the house would have greater screening impact than on the far
side of the parking lot.
Chairman Lucht asked whether the applicant had anything to add to
the Secretary's report. Mr. Dave Woodworth, representing Brook Park
Baptist Church, stated that he felt the report was adequate.
Mr. Heinz Richter, of 6220 Perry Avenue North, immediately south of
the parsonage, explained that his living room faces to the east and,
that the shrubbery would tend to block out his view. He stated that
he preferred the shrubbery to a 6' high fence, however. Mr. David
Hreha, of 4811 -63rd Avenue North, explained to the Commission that
his view to the east of 400 to 500 yards of green space is therapuetic.
He stated that no screening existed in the past and questioned why
any should be required now. He added that he considered the proposed
vegetation to be the lesser of two evils, rather than a 6' high fence.
The Secretary explained that the church was built prior to the current
Zoning Ordinance and that the ordinance provisions are applied when
improvements are made to property. He explained that the ordinance
requires a 6' high opaque fence or Council approved substitute. He
noted that a church use is less intense than a commercial use with a
5 -27 -82 -1-
comparably sized parking lot and suggested that the 'City Council
could approve a screening device somewhat less than the 6' in
height that the ordinance normally calls for.
Mr. Hreha commended the church for considering his feelings when
developing a screening plan. Commissioner Sandstrom asked whether •
any variance could be allowed in consideration of a neighbor's
opposition to screening. The Secretary advised against acting on
the basis of one owner. He explained that a new owner may have
entirely different feelings about the screening issue. He suggested
that the ordinance be adhered to and that reasonable screening be
required.'
Commissioner Simmons stated that people seemed to be reasonably
satisfied with the screening plan, that it is not perfect, but that
it is acceptable to the various parties concerned. Mr. Bill Wigdahl,
a member of Brook Park Baptist Church, who designed the parking lot
plan, explained that there were evergreens about 7' high at the
northeast corner of the parsonage property which provided effective
screening of the lot for the parsonage. Mr. Richter stated that he
mainly objected to the idea of a fence. He stated that it would
box in his house and make it very unattractive compared to the nice
view that he has to the east at present.' Chairman Lucht stated that
a neighbor who wished to maintain visibility beyond the hedgerow
would be allowed to maintain it at a lower height if that was
acceptable to the church. The Secretary agreed with this suggestion
and pointed out that there is a noticeable grade differential between
the houses to the west and the level of the parking lot so that
headlights should not really be a problem without the full 6' high
screening. Mr. Hreha agreed that the shrubbery would be an improve-
ment to the property and acknowledged that the church could do what
it wished with its own property. He stated that he simply did not
want his yard to have the appearance of a fortress with a massive
wall of shrubs around it.
Commissioner Versteeg noted that the parking lot is a new improvement
and oddly enough, there is more objection to the screening than to
the lot itself. He recommended that the compromise of the shrubbery
be accepted. Mr. Richter pointed out that his own residence and
Mr. Hreha's are about the only ones that are affected by the screening
plan.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82022
(Brook Park Baptist Church)
Motion by Commissioner Sandstrom seconded by Commissioner Malecki to
recommend approval of Application No. 82022, subject to the following
conditions:
1. Grading, drainage, utility and berming plans are
subject to review and approval by the City Engineer,
prior to the issuance of permits.
2. A site performance agreement and supporting financial
guarantee (in an. amount to be determined by the City
Manager) shall be submitted to assure completion of
approved site improvements. ,
3. Any outside trash disposal facilities shall be
appropriately screened from view.
5 -27 -82 -2-
4. B612 curb and gutter shall be provided around all
parking and driving areas.
Voting in favor: Chairman Lucht, Commissioners Malecki, Manson,
Simmons, Ainas, Sandstrom and Versteeg. Voting against: none.
The motion passed unanimously.
The Secretary stated that there was no other business to be handled
at the Planning Commission meeting and asked the Commissioners
whether they had any concerns.
Commissioner Malecki stated that there are real estate signs at
63rd and France advertising homes for sale down the street and that
they were up constantly. The Secretary explained that real estate
signs no larger than 10 sq. ft. are allowed on the property itself
I
and that off -site signs, advertising an open house, are allowed
in the hours of the en house and should be o
to be up only during P
taken down at other times.
In answer to a question from Commissioner Ainas regarding signery
for the vacuum cleaner repair home occupation on Brooklyn Boulevard,
the Secretary explained that home occupations are allowed one 2z
sq. . ft. sign on their premises. He noted that the residence has
some decorative treatment in the lawn and on the house itself and
that there is a large sign on a truck which is generally parked in
the front yard. The Secretary explained tha t these types f si ns
es g
are not regulated by the Sign Ordinance and conceded that the
property owner has used every loophole in the ordinance to maximize
his signery.
Chairman Lucht suggested that it might be good for the Planning
Commission to review the Sign Ordinance to be aware of its pro-
vision. He stated that the Chamber of Commerce appears to be
interested in making more revisions to the Sign Ordinance. Chairman
Lucht stated that he supported the City'--Sign Ordinance. The
i
Secretary explained to the Planning Commission that the City y Council
reviewed certain aspects of the Sign Ordinance the previous summer
and that a memo was prepared comparing Brooklyn Center with other
surrounding communities. He stated that Brooklyn Center's ordinance
is really not very restrictive compared to other communities,-
f wall signs. He stated that no other
a especially in the area o g
r
community allows 30% of the wall be used for signery. He
area to
acknowledged, however, that Brooklyn Center is restrictive on bill-
boards in that they are simply prohibited.
Commissioner Sandstrom asked whether variances were typically granted
for the standard signs used by national franchises. The Secretary
answered that very few such variances have ever been granted and
that most businesses, whether they are local or part of a national
franchise, conform to the City's Sign Ordinance. In answer to
another question from Commissioner Sandstrom regarding leasing signs,
the Secretary explained that the Sign Ordinance was revised fairly
recently to allow larger signs advertising space for lease in com-
'z
mercial and industrial buildings based on the size of the building
g
and its distance from public right -of -way.
ADJOURNMENT
Motion by Commissioner Manson seconded by Commissioner Malecki to
adjourn the meeting of the Planning Commission. The motion passed
unanimously. The Planning Commission adjourned at 8 :15 p.m.
irman
5 -27-82 -3- Cha
}
Planning Commission Information Sheet
Application No. 82022
Applicant: Brook Park Baptist Church
Location: 4801 - 63rd Avenue North
Request: Site Plan (screening)
The applicant seeks site plan approval for an alternate parking lot screening device.
The church has recently resubmitted a plan for a parking lot with 70 parking stalls
which meets the ordinance requirement for a church with seating capacity of 210 (the
plan was originally submitted in 1978 and received staff approval). The resubmitted
plan for the parking lot has received approval by the Assistant City Engineer as to
grades, drainage, and construction standards. Section 35 -711 of the City's Zoning
Ordinance requires that all open off- street parking areas having more than 6 parking
spaces shall be effectively screened from any abutting residential Tots by a solid
wall or opaque fence 6 feet high, or by such other device as may be approved by the
City Council. In this instance, the church prefers to use shrubbery as a screening
device in place of the 6' high opaque fence and must receive Council approval to do
SO.
The Church is located south of 63rd Avenue North,east of Perry Avenue North and west
of Orchard Lane School. The Church is a special use in the R1 zone and is bounded
by single- family homes on the west. The landscape plan submitted for the site provides
for effective 6' high screening along the east, south, and west sides of the lot by
use of Zabel Honeysuckle plants placed 2' to 3' apart, interspersed every 15' to 20'
with Radiant Crab, Snowcloud Crab, and Russian Olives. There is a single residence
to the north of the Church at the corner of 63rd and Perry. The screening plan calls
for 24 Variegated Dogwood at 3' to 4' in height and nine Amur Maple at 4' to 5' in
height. The resident at 4811 Perry Avenue North (the corner house) does not wish to
have any screening as it will block his view of the Orchard Lane School yard where
• his children play. The plan also provides for less than full screening of the
residence immediately south of the church because it is the parsonage and because of
existing evergreens at the northeast corner of the yard.
It is staff's position that screening must be provided even where it is not desired.
A change of ownership or play habits, etc. might result in a later demand for the
ordinance required screening. Some compromise on the height and location of the
screening seems justified by the ordinance. In cases where screening already exists,
the City Council has accepted a deferral of new screening until the existing screening
is removed. Staff are satisfied that the proposed landscape plan meets the spirit
of the ordinance and approval is recommended subject to at least the following
conditions:
1. Grading, drainage, utility and berming plans are subject to review
and approval by the City Engineer, prior to the issuance of permits.
2. A site performance agreement and supporting financial guarantee (in
an amount to be determined by the City Manager) shall be submitted to
assure completion of approved site improvements.
3. Any outside trash disposal facilities shall be appropriately screened
from view.
4. B612 curb and gutter shall be provided around all parking and driving
areas.
5 -27 -82
1982 BOARD OF EQUALIZATION
Continued Meeting, June 14, 1982
Case No. Name Action Recommended
1. Donald A. Tinker Uphold the value at $61,700.
3337 - 49th Ave. N.
PID# 10- 118 -21 -13 -0017
I talked with Mr. Tinker a couple of times trying to set up a
mutually agreeable time to discuss his concerns. We have not
been able to get together yet, but I have indicated to him we
will be glad to meet anytime.
2. William F. Shutte Uphold the values at $126,700
6715,17,19 & 21 Humboldt Ave. N. for each parcel.
PID# 35- 119 -21- 0007,8,9,10
Mr. Shutte was to contact me if he wanted to review his
valuations further. As of this time, he has not called.
3. Kenneth Wutschke Uphold the value at $77,100.
7226 Perry Court E.
PID# 28- 119 -21 -41 -0163
I met with Mr. Wutschke on June 10, and reviewed with him all
the properties he wished to compare. Mr. Wutschke indicates he
is satisfied with our valuation.
4. Prudential Insurance Company of America
1600 -1700 Freeway Blvd. Reduce the value to $1,405,000
PID# 35- 119 -21 -14 -0011
I met with Mr. James E. Holter who represents Prudential on
June 9. As a result of'new data.supplied by Prudential, I am
recommending the Board make some adjustments in their valuation.
5. Prudential Insurance Company of America
6820 Shingle Creek Parkway Reduce the value to $2,507,200
PID# 35- 119 -21 -12 -0002
I met with Mr. James E. Holter who represents Prudential on
June 9. As a result of new data supplied by Prudential, I am
recommending the Board make some adjustments in their valuation.
6. Prudential Insurance Company of America
6840 Shingle Creek Parkway Reduce the value to $2,048,800
PID# 35- 119 -21 -21 -0003
I met with Mr. James E. Holter who represents Prudential on
June 9. As a result of new data supplied by Prudential, I am
recommending the Board make some adjustments in their valuation.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION DIRECTING CONDEMNATION OF.CERTAIN INTERESTS
IN LAND (EASEMENT FOR WATER MAIN CONNECTION)
WHEREAS the City Engineer has advised the City Council that the
acquisition of the easement hereinafter described is required to allow a
connection to be made from Kylawn Water Main Project No. 1 982 -06 to the
Twin Lake North apartment complex; and it appears to this Council that the
acquisition of such interests in land is necessary and desireable in the
public interests and that the taking will be most fairly and equitably
accomplished through eminent domain proceedings;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
(1) The City Attorney is hereby directed to file the necessary
petitions to acquire a permanent easement for the installation
and maintenance of a water main and appurtenances thereto
across the following described property:
All that part of Lot 1, Block 1, TWIN LAKE NORTH ADDITION, which
lies within a 10 foot tract of land, the centerline of which is
described as follows: Beginning.at the northeast corner of Lot-
1, Block 1, TWIN LAKE NORTH ADDITION, thence westerly along
the northerly boundary of the said Lot 1, Block 1, TWIN LAKE
NORTH ADDITION, a distance of 5 feet to point of beginning,
thence southwesterly to a point 60 feet south of said north
boundary and 38 feet westerly of and parallel to the easterly
boundary of said Lot 1, Block 1, TWIN LAKE NORTH ADDITION, and
there terminating, files of the Registrar of Titles,'Hennepi;i
County, Minnesota.
The conditions of the Basement shall provide that no building
shall be constructed and no trees planted thereon but that
this easement does not exclude other uses of the land within
the easement which do not interfere with the operation and
maintenance of the water main.
(2) The City Attorney shall prosecute such action to a successful
conclusion or until it is abandoned, dismissed or terminated
by the court or by subsequent direction from this Council.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM
(CENTRAL PARK WATER MAIN IMPROVEMENT PROJECT NO. 1982 -05,
KYLAWN PARK WATER MAIN IMPROVEMENT PROJECT NO. 1982 -06;
CONTRACT 1982 -D)
WHEREAS, pursuant to an advertisement for bids for Improvement Project
Nos. 1982 -05 and 1982 -06, bids were received, opened, and tabulated by the
City Clerk and City Engineer, on the 10th day of June, 1982. Said bids were
as follows:
Bidder Bid Amount
Julian Johnson Construction Corporation $147,580.00
Nodland Associates, Inc. 1 150,133.00
Erwin Montgomery Construction 152,405.00
Northdale Construction Company, Inc. 154,381.00
Kirkwold Construction Company 157,474.60
Thomas and Sons Construction, Inc. 168,022.00
Bonine Excavating, Inc. 203,687.61
G.L. Contracting, Inc. 2 237,988.20
#' 1 Bid rejected due to lack of acknowledgement of Addendum
2 Bid rejected due to lack of bid bond
WHEREAS, it appears that Julian M. Johnson Construction Corporation
of Blaine, Minnesota, is the lowest responsible bidder.
NOW, THEREFORE, BE IT 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 $14'',580.00
with Julian M. Johnson Construction Corporation of Blaine,
Minnesota, in the name of the City of Brooklyn Center, for
Improvement Project Nos. 1982 -05 and 1982 -06 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 forth-
with 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 IT FURTHER RESOLVED that:
1. The estimated total cost of the Improvement Projects is amended
to the following schedule:
RESOLUTION NO.
Central Park Water Main Improvement Project No. 1982 -05
As Ordered As Bid
Contract $137,770.00 $117,570.00
Engineering 10,780.00 10,581.30
Administration 1,200.00 1,175.70
Legal and Bonding 1,200.00 0.00
TOTAL ESTIMATED COST $150,950.00 $129,327.00
Kylawn Park Water Main Improvement Project No. 1982 -06
As Ordered As Bid
Contract $ 27,900.00 $ 30,010.00
Engineering 2,510.00 2,700.90
Administration 280.00 300.10
Legal and Bonding 280.00 300.10
Capitalized Interest 2,790.00 3,001.00
TOTAL ESTIMATED COST $ 33,760.00 $ 36,312.10
2. The accounting for the projects and financing of the estimated
costs shall be according to the following scheduler
Improvement Project 1982 -05: Public Utilities Fund $129,327.00
Improvement Project 1982 -06: Special Assessment Fund $ 36,312.10
Date Mayor
o
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and
moved its adoption:
• RESOLUTION NO.
RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS
AND SPECIFICATIONS FOR 51ST AVENUE NORTH WATER MAIN
IMPROVEMENT PROJECT NO. 1982 -07
WHEREAS, Resolution 8 - adopted the 12th day of April, 1982.
S, R lut on No. 2 57 adop y p ,
fixed a date for a Council hearing on the proposed improvement:
51ST AVENUE NORTH WATER MAIN IMPROVEMENT PROJECT NO. 1982 -07
WHEREAS, ten days' published notice of the hearing through two weekly
publications of the required notice was given, and the hearing was held thereon
on the 10th day of May, 1982, at which time all persons desiring to be heard
were given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City c`,- m
Brooklyn Center, Minnesota, that it is hereby determined that it is necessary
and in the best interests of the City and the owners of property specially
benefited thereby, that:
1. The following improvement as proposed in Council Resolution No.
82 -57 adopted the 12th day of April, 1982, shall be constructed:
51st Avenue North Water Main Improvement Project No. 1982 -07
2. The City Engineer is designated as the engineer for this
improvement. The City Engineer shall prepare plans and
specifications for this improvement.
3. The estimated cost of the project is $36,140.00.
4. The estimated cost.will be financed by:
Special Assessment Fund $ 2,210.00
Public Utility Fund $33,930.00
TOTAL $36,140.00
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.
HARSTAD -TODD CONSTRUCTION CO.
2 1 9 1 SILVER L A K E RD. • NEW B R I G H T O N , M I N N E S O T A 5 5 1 1 2 • PHONE 636-375 1
June 4, 1982
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center,Mn. 55+30
Attention: Mr. Gerald Splinter, City Manager
Gentlemen:
This is written to make a formal declaration of my interest and intention
to pursue the platting of Oaks of Twin Lakes in general conformity with
the preliminary plat I have recently submitted. The reason I am not making
formal application at this time is because I hope to combine the platting
with Richard Ernst who is presently negotiating with the Tri State Land Co.
for the property which would encompass the southern one -half of the ideal
plat which we would submit as soon as a deal is consumated with the Tri
State Land Co. We hope this will happen in the near future and if it comes
to pass it will be accompanied with a request to rezone a southern portion
to a single family residential classification. If you are left with any
questions, do not hesitate to contact me.
Thank you for your cooperation in this matter.
Yours } truly,
Keith T. Harstad
KTH /em
cc: Cy Knapp
cc: Ronald Warren
r t
F
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING CENTRAL PARK IMPROVEMENT PROJECT
NO. 1982 -12 (ATHLETIC FIELD FENCING CONSTRUCTION), APPROVING°
PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR
BIDS (CONTRACT 1982 -E)
WHEREAS, on May 19, 1980, the City Council declared that the referendum
questions addressed in the Special Election of May 6, 1980, had been resolved
in the affirmative; and
WHEREAS, a portion of said referendum questions dealt with the
improvement of Central Park softball and baseball fields by construction of
outfield and sideline fencing at an estimated construction cost of $17,500.00.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brooklyn Center, Minnesota, establishes the following project in order to
provide for said improvements:
CENTRAL PARK IMPROVEMENT PROJECT NO. 1982 -12
(ATHLETIC FIELD FENCING CONSTRUCTION)
BE IT FURTHER RESOLVED BY THE City Council of the City of Brooklyn
Center, Minnesota, that:
1. The plans and specifications for Contract 1982 -E for said
Improvement Project prepared by the City Engineer are hereby
approved and ordered filed with the City Clerk.
2. The City Clerk shall prepare and cause to be inserted at least
twice in the official newspaper and in the Construction Bulletin
an advertisement for bids upon the making of such improvement
under such approved plans and specifications. The advertisement
shall appear not less than seven (7) days prior to the date
for receipt of bids, and specify the work to be done, state
that said bids will be received by the City Clerk until 11:00
A.M. on July 8, 1982, at which time they will be publicly opened
in the Council Chambers at City Hall by the City Clerk and City
Engineer, will then be tabulated and will be considered by the
City Council at 7:00 P.M. on July 12, 1982, in the Council
Chambers, and that no bids will be considered unless sealed
and filed with the City Clerk and accompanied by a cash deposit,
cashier's check, bid bond, or certified check payable to the
City for five (5) percent of the amount of such bid.
3. The accounting for Improvement Project No. 1982 -12 shall be
done in the Capital Improvement Fund (Division 56).
i
RESOLUTION NO.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C Y
{
I�
Member introduced the following, resolution, and,,
moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING NEIGHBORHOOD PARKS IMPROVEMENT
PROJECT NO. 1982 -13 (DRINKING FOUNTAIN INSTALLATION)
APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERT ISEMENT FOR BIDS (CONTRACT 1982 -F)
WHEREAS, on May 19, 1980, the City Council declared that the referendum
questions addressed in the Special Election of May 6, 1980, had been resolved
in the affirmative; and
WHEREAS, a portion of said referendum questions dealt with improvements
to neighborhood parks in the form of drinking fountain installation at an
estimated cons cost of $17,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brooklyn Center, Minnesota, establishes the following project in order to
provide for said improvements:
NEIGHBORHOOD PARKS IMPROVEMENT PROJECT NO. 1981 -13
(DRINKING FOUNTAIN INSTALLATION)
BE IT FURTHER RESOLVED BY THE City Council of the City of Brooklyn
Center, Minnesota that:
1. The P
lans and specifications for Contract 1982 -F for said
P
Improvement Project prepared by the City Engineer are hereby
approved and ordered firmed with the City Clerk.
2. The City Clerk shall prepare and cause to be inserted at least
twice in the official newspaper and in the Construction Bulletin
an advertisement for bids upon the making of such improvement
under such approved plans and specifications. The advertisement
shall appear not less than seven (7) days prior to the date
for receipt of bids, and specify the work to be done, state
that said bids will be received by the City Clerk until 11:00
A.M. on July 8, 1982, at which time they will be publicly opened
in the Council Chambers at City Hall by the City Clerk and City
Engineer, will then be tabulated and will be considered by the
City Council at 7:00 P.M. on July 12, 1982, in the Council
Chambers, and that no bids will be considered unless sealed
and filed with the City Clerk and accompanied by a cash
deposit, cashier's check, bid bond, or certified check
payable to the City for five (5) percent of the amount of
such bid.
3. The accounting for Improvement Project No. 1982 -13 shall be done
in the Capital Improvement Fund (Division 88).
RESOLUTION NO.
Bate 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.
0
. I
i
1
Member introduced the following resolution and
moved its adoption:
. RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF EASEMENTS FOR
PEDESTRIAN / TRAILTATAY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER
that the Mayor and City Manager are hereby authorized and directed to execute
the following described easements for installation and maintenance of a
pedestrian /bicycle trailway through the Brockdale Shopping Center:
EASEMENT NO. GRANTOR LOCATION CONSIDERATION
lA and 1B The Equitable Life within Tract F of $1.00
Assurance Society of Registered Land Survey
the United States No. 1469
2 Sheehy Properties, Inc. with Tract A of
Registered Land Survey
No. 1430
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
t� ASIr •r� .rr r AcI .
' FOI2 I'EDUST AND TITCYCLr THATLWAY CONSTRUCTION
MAINTENANCE AND LIALiILITY,
THIS EASEMENT, made this day of , 1982, between
Sheehy Properties, Inc., a corporation under the laws of the State of
Minnesota, party of the first part, and the City of Brooklyn Center, a
municipal corporation ora a or ion under the laws of the State of Minnesota, party of
t
the second part,
WITNESSETH, that the said party of the first part in consideration
of the sum of Q Dollars ($ ) and other
good and valuable consideration to it in hand paid by the said party of
the second part, the receipt whereof is hereby acknowledged, does hereby
grant unto the party of the second part, its successors and assigns, an
easement for the installation and maintenance of a pedestrian and bicycle
trailway within Tract A, Registered Land Survey No.. 1430, in Section 2,
Township 118 North, Range 21 West in Brooklyn Center, Hennepin County,
Minnesota more specifically described as follows:
Commencing at the southeasterly corner of Tract A, Registered
Land Survey No. 1430; then southwesterly along the south line
of Tract A, on an assumed bearing of S 63 W, a distance
of 109.32 feet, to the beginning of the land to be described;
then northwesterly on a bearing of N 23018 W, a distance
of 128.09 feet; then northerly on a bearing of N 16 11,
a distance of 29.62 feet; then northerly on a bearing of
N 0 W, a distance of 57.46 feet; then westerly on a
bearing of N 80 W a distance of 8.13 feet, to the common
line between Tract A and Tract F, Registered Land Survey
No. 1469; then southwesterly along the common line, a distance
of 93.06 feet along a curve not tangent to the previously
described lire, the curve is concave to the southeast, has a
radius of 153.50 feet, a central angle of 34 ", and the
bearing of the chard of this curve is S 6 E; then
southeasterly on a bearing of S 23 E, tangent to the
previously described curve, a distance of 127.58 meet; then
northeasterly on a bearing of N 63 E, a distance of
7.07 feet to the mint of beginning.
This easement is subject to existing access, drainage, and utility easements.
The party of the second part shall allow and make provisions for
vehicular and pedestrian access to be maintained at all times during con-
struction of the trailway from the Shingle Creek Parkway extension to Tract
A and Tract B of Registered Land Survey No. 1430, in Section 2, Township
118 North, Range 21 West in the City of Brooklyn Center, Hennepin County,
Minnesota. All work on construction of the trailway shall be completed
within 20 days after commencement of said construction.
The party of the second part shall, after completion of the
installation of said trailway and after the completion of any maintenance
or repair work on said trailway, restore the grounds to the condition they
were in prior to the commencement of said installation, maintenance, or
repair work.
The party of the second part agrees to maintain the trailway in a
reasonably safe condition and to indemnify and hold the grantor and any
tenants or lessees of the grantor, harmless from any claim for damages.or
other relief arising out of the negligence or wrongful acts of the City or
its agents, in connection with the construction, reconstruction, maintenance
and usac;e of the trailway. Such indemnification shall extend to costs of
defense, including legal fees.
IN TESTIMONY WHEREOF, the parties hereto haue caused this..
easement agreement to be executed in the day and year first above
written.
State Deed Tax due hereon
Torrens /Abstract Property.
SHEEHY PROPERTIES, INC.
Grantor -
aYM
Ieehy It
William R. She y
Its Treasurer
(Corporate Seal)
STATE OF MINNESOTA)
SS.
COUNTY OF RAMSEY )
On this 10th day of May , 1982, before me, a
Notary .Public within and for said County, personally appeared
Richard P. Sheehy and William R. Sheehy +
to me personally known, who, being each by me duly sworn they did
say that they are respectively the President and
Treasurer of the corporation named in the foregoing
instrument, and that the seal affixed to said instrument is the
corporate seal of said corporation, and that said instrument was
signed and sealed in behalf of said corporation by authority of
its President and said Treasurer and
acknowledged said instrument to be the
free act and deed of,said corporation.
Not y pu lie
Alz
t0�'1 JOHNSON
kGTARY MJ'JLIGti
County,
My commission expires
,
THE CITY OF BROOKLYN CENTER
By:
Its
Witness
By:
Its
Witness
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
On this day of 19 , before me,
a Notary Public withi and for said County, personally appeared
and to me personally known,
w o being eac by me duly sworn did say that they are respectively
the and the of the CITY OF BROOKLYN
CENTER, a municipal corporation named in the foregoing instrument;
that the seal affixed to said instrument is the corporate seal of
said municipal corporation by authority of the City Council of the
CITY OF BROOKLYN CENTER and the said and
acknowledged said instrument to be the ree act a - nc�dee2l
of said municipal corporation.
Notary Public
0
EASEMENT GR ANT
THIS INDENTURE, made this day of 19 ,
by The Equitable Life Assurance Society of the United States, a New York corporation
( "Grantor "), to the'City of Brooklyn Center, a municipal corporation under the laws
of the State of Minnesota, ( "Grantee "),
WITNESSETH, that the Grantor in consideration of the sum of One
Dollar ($1.00) and other good and valuable consideration to it in hand paid by
the Grantee, the receipt whereof is hereby acknowledged, does hereby grant and
quitclaim unto the Grantee, its successors and assigns, two easements for the
installation, maintenance and use by the public of a pedestrian and bicycle
trailway within Tract F, Registered Land Survey No. 1469, in Section 2, Township
118 North, Range 21 West in Brooklyn Center, Hennepin County, Minnesota, and
more specifically described as over, across and upon the following described
premises:
Easement No. 1A
An easement 12.00 feet wide which lies 6.00 feet on either side
of the following described centerline:
Commencing at the northeasterly corner of Tract F, Registered
Land Survey No. 1469; thence westerly along the north line of
Tract F, on an assumed bearing of S 89 W, a distance of
153.70 feet to the point of beginning of the line to be des-
cribed; thence southerly on a bearing of S 7 E a distance
of 119.10 feet; thence southeasterly on a bearing of S 80
E a distance of 28.46 feet, to the easterly line of Tract F,
and said line there terminating.
Said easement to be lengthened or shortened to terminate on the
boundary lines of said Tract °F.
_
Easement No. 1B
An easement 12.00 feet wide which lies 6.00 feet on either side
of the following described centerline:
Commencing at the southeasterly corner of Tract F, Registered
Land Survey No. 1469; thence southwesterly on an assumed bearing
of S 43 W, a distance of 11.59 feet; thence westerly on a
bearing of S 52 W, a distance of 207.34 feet to the point
of beginning of the land to be described;.thence northerly on a
bearing of N 20 W, a distance of 205.73 feet; thence north
westerly on a bearing of N 28 W a distance of 197.13 feet.
thence northerly on a bearing of N 23 W a distance of 24.32
feet, to the south line of Tract A, Registered Land Survey No. 1430;
thence southwesterly on a bearing of S 63 W, along a common
line between Tract A and Tract F, $ distance of 7.07 feet; thence
northwesterly on a bearing of N 23 34'26" W along a common line
between Tract A and Tract F, a distance of 127.58 feet; thence
northerly a distance of 81.06 feet along a tangential curve, con-
cave to the southeast; having a radius of 153.50 feet and a central
angle of 30 "; thence westerly on a bearing of
N 80 " W, a distance of 2.10 feet; thence southerly
on a bearing of S 0 E, a distance of 49.04 feet;
then southerly on a bearing of S 1011'35 " E, a distance
of 32.04 feet; thence southerly on a bearing of S 23 E,
a distance of 153.74 feet; thence southeasterly on a bearing of
S 28 " E, a distance of 196.88 feet; then southerly on a
bearing of S 20 E, a distance of 208.43 feet; then north-
easterly on a bearing of N 52 " ,E, a distance of 12.51 feet
to the point of beginning.
Said easement to be lengthened or shortened to terminate on the
boundary lines of said Tract F.
Said premises hereinafter referred to as the "Easement Area ".
By acceptance of these easements, the Grantee agrees with the
Grantor as follows:
1. The Grantor reserves and retains all other property rights
in and to the Easement Area, including, but not limited to, the right to
utilize the same for landscaping, plantings and other similar purposes.
This provision shall not authorize the Grantor to construct any improvement
upon said Easement Area, without the consent of the Grantee which consent
shall not be unreasonably withheld, nor shall the Grantee be liable for
damages if any such improvement is construced without its consent and must
be removed in order for the Grantee to exercise its rights under this easement
grant.
2. The Grantor reserves and retains the right from time to time in
its sole discretion to cause the Grantee to relocate at Grantor's expense said
trailway, it being understood that if the relocation is to a place outside the
Easement Area then the Grantee shall prepare an easement and release agreement
setting forth the legal description of such new easement and releasing the old
easement and after the same has been executed by the Grantor and the Grantee, the
easement and release agreement shall be recorded by the .Grantee.
3. The Grantee shall, after completion of the installation of said
trailway and after the completion of any maintenance or repair work on said*
trailway, restore the grounds to the condition they were in prior to the
commencement of said installation, maintenance, or repair work (including
the replacement of any.landscaping, curbing, or paving removed or damaged-
during the course of such work), and to remove from the Easement Area and
surrounding land all debris, spoils, and equipment resulting from or used in.
connection with such work.
-2-
4. The Grantee shall not claim or declare any fee interest in and
to the Easement Area, and in the event of eminent domain proceedings or settle-
ment pursuant thereto, the Grantee shall make no claim against the award or
compensation accruing out of or resulting from such event, save and except any
payment made to Grantee for damage to its trailway or with respect to removing
or relocating the same.
5. Grantee agrees to defend, indemnify, and save Grantor harmless
from any loss, damage, or expense in the nature of a legal liability which the
Grantor may suffer, incur or sustain, or for which the Grantor may become liable,
.arising or growing out of any injury or damage to persons or to real or personal
property caused by negligence of Grantee, or its contractors, subcontractors,
agents or representatives, or any of them, in the prosecution of work performed
in the Easement Area or in connection with said work.
6. The terms "Grantor" and "Grantee" wherever used in the instrument
are intended in each instance to include the successors and assigns of Grantor
and Grantee.
7. These easements are subject to existing access, drainage, and
utility easements.
8. Grantee shall have reasonable right of ingress and egress to and
from the Easement Area, for the purpose of installing and maintaining said
trailway; provided, however, that the Grantee will consult with the Grantor
before performing any work which will interfere with the operation of the
adjoining facility commonly known as Brookdale Shopping Center.
9. In the event the trailway is abandoned or not used by the
Grantee for a period of.at least one (1} year, then and in such event, this
easement shall terminate and the Grantee shall release this easement of record
by suitable recorded instrument.
-3-
IN TESTIMONY WHEREOF, the Grantor has caused this easement agreement to
be executed the day and year first above written.
State Deed Tax due hereon
Torrens /Abstract Property.
THE EQUITABLE LIFE ASSURANCE SOCIETY OF
THE UNITED STATES (Grantor)
e
By:
Its
'
CITY OF BROOKLYN CENTER
(Grantee)
B
Its
By
Its
-4-
STATE OF )
)ss
COUNTY OF }
On this day of , 19_, before me, a
Notary Public within and for said County, personally appeared
to me personally known, who, being by me
duly sworn he did say that he is respectively the
of The Equitable Life Assurance Society of the United States and that said instru-
ment was signed in behalf of said corporation by authority of its
and said acknowledged
said instrument to be the free act and deed of said corporation.
Notary Public
County,
My commission expires: -'
I .
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
On this day of 19 , before me, a
Notary Public within and for said County, personally appeared
and ,
to me personally known, who, being each by me duly sworn they did say that they
are respectively the and the
of the City of Brooklyn Center,
the corporation named in the foregoing instrument, and that the seal affixed to
said instrument was signed and sealed in behalf of said corporation by authority
of its and said
and acknowledged said instrument to be the
free act and deed of said corporation.
Notary Public
County,
My commission expires:
-5-
Member introduced the following resolution and
moved its adoption:
. RESOLUTION NO.
RESOLUTION DECLARING CERTAIN CITY -OWNED PROPERTY AS
SURPLUS, AUTHORIZING ITS RECONVEYANCE TO THE STATE OF
MINNESOTA, AND APPROVING ITS CLASSIFICATION AS NON -
CONSERVATION LAND
WHEREAS, on March 26, 1971, the State of Minnesota conveyed to the
City of Brooklyn Center, pursuant to Minnesota Statutes Section 282.01,
Subdivision 1, the following described land to be used exclusively for
street purposes:
Plat 89104, Parcel 865
The east 90 feet of the west 180 feet of that part of
Lot 6, lying east of a line running north at right angles
from a P oint in the south line distant 1095 5/10 feet
east from the southwest corner thereof, Lot 6, Auditor's
Subdivision Number 309, Hennepin County, Minnesota
(P.I.N. 25- 119- 21 -41- 0008).
WHEREAS the City Council now determines that the City's only interest
in said land is to retain the easterly 25 feet thereof for street purposes
and to retain a permanent easement for the installation and maintenance of
underground utilities and appurtenances thereto_ across the northerly 20 feet
thereof; and said interests were acquired by the City by eminent domain
proceedings in the District Court of the State of Minnesota, Fourth Judicial
District, Hennepin County Condemnation No. 249; and
WHEREAS the Director of Planning and Inspections has advised the
City Council that the property is not a buildable site in accordance with
applicable provisions of the Brooklyn Center City Code, unless a variance
is granted;
NOW, THEREFORE, BE IT. RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The following described land is hereby declared surplus land
by the City of Brooklyn Center and shall be reconveyed to
the State of Minnesota:
The east 90 feet of the west 180 feet of that part of
Lot 6 lying east of a line running north at right
angles from a point in the south line distant 1095.5
feet east from the southwest corner thereof, Lot 6,
Auditor's Subdivision Number 309, Hennepin County,
Minnesota; Subject to those interests acquired by the
City of Brooklyn Center by Condemnation No. in
eminent domain proceedings in the District Court
of the State of Minnesota, Fourth Judicial District,
Hennepin County.
2. Said land is approved for classification as "Non- Conservation"
land; and
RESOLUTION NO, :..Y
3. Said land is hereby approved for public sale to the adjacent
property owners in accordance with Minnesota Statutes relating
to the sale of unbuildable parcels of land.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING PURCHASE AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center,
Minnesota, that the Mayor and City Manager are hereby authorized and directed
to execute a purchase agreement with Eugene G. Schlee for the purchase of
the following described property:
Tract A: Parcel No. lA (Part of 25- 119 -21 -34 -0006)
That part of the West 1/2 of Lot 51, Auditor's Subdivision Number
309, Hennepin County, Minnesota, also described as the West 1/2
of the West 5 acres of the East 1/2 of the Southeast Quarter of
the Southwest Quarter of Section 25, Township 119, Range 21,
lying South of the North 690.00 feet thereof described as commencing
at the Southwest corner of said Lot 51; thence North 01
West, assumed bearing, along the West line thereof 396.95 feet to
the actual point of beginning of the parcel to be described;
thence Northeasterly along a non - tangential curve, concave to the
Southeast, having a radius of 315.00 feet, central angle 24 ",
chord bearing North 37 East, an arc distance of 134.32
feet to the East line of the above described tract of land;
thence Northerly along said East line to the South line of the
North 690 feet of said Lot 51; thence Westerly along said South
T Southerly along said
West line of said Lot 51• the nce
line to the s
Y g
West line to the point of beginning and there ending.
Tract B: Parcel No. 1B (Part of 25- 119 -21 -34 -0004)
That part.of the North 1/2 of the East 1/2 of that part of Lot
51, Auditor's Subdivision Number 309, Hennepin County, Minnesota,
also described as the East 1/2 of the West 5 acres of the East
1/2 of the Southeast. Quarter of the Southwest Quarter of Section
25, Township 119, Range 21, lying South of the North 690.00 feet
thereof, described as commencing at the Southwest corner of said
Lot 51• thence North 01 West , assumed bearing, along the
West line thereof 396.95 feet; thence Northeasterly along a non-
tangential curve, concave to the Southeast, having a radius of
315.00 feet, central angle 24 ", chord bearing North 37
East, an arc distance of 134.32 feet to the West line of the
above- described tract of land, said point being the actual point
of beginning of the parcel to be described;
thence continuing Northeasterly along a curve having a central
angle of 17 ", the chord of said curve bears North 58
East, an arc distance of 96.91 feet to the East line of said Lot
51; thence Northerly along said East line to the South line of
the North 690 feet of said Lot 51; thence Westerly along said
South line to the West line of the above- described tract of land;
thence Southerly along said West line to the point of beginning
and there ending.
RESOLUTION NO.
and for the sale of the following described City -owned property:
Tract C: "City Property"
That part of Lot 50, Auditor's Subdivision Number 309, Hennepin
County, Minnesota described as commencing at the Southeast corner
of said Lot 50; thence North 01 West, assumed bearing,
along the East line thereof 238.21 feet to the actual point of
beginning of the parcel to be described;
thence Northerly along the East line of said Lot 50 a distance of
158.74 feet; thence Southerly 58.86 feet along a non - tangential
curve, concave to the Southeast, having a radius of 315.0 feet,
central angle of 10 ", the chord of said curve bears South
19 West; thence South 14 West a distance of 106.90
feet; thence North 89 East a distance of 50.32 feet, more
or less, to the point of beginning, and there ending.
Consideration for said transaction shall be $11,000.00, with the following
stipulations:
Earnest money $250.00 and $10,750.00, cash, on the date of closing
and by delivering a Warranty Deed from buyer to seller as to Tract
C, but reserving to buyer a utility easement over the entire tract.
Seller agrees to execute buyer's standard utility easement. Tract
C shall be transferred to seller free from all taxes and assessments,
levied or pending. The parties agree that Tract B and C shall be
exchanged without consideration and that the remaining consideration
shall be given for the land described as Tract A, but that this
allocation of the consideration shall not make this contract severable.
As additional consideration, buyer and seller agree that in the
event the assessment on the remainder of Parcels 25- 119 -21 -34 -0006
and 25- 119 -21 -34 -0004 exceeds $14,251 for curb and gutter, street
paving, water and water service connection and sanitary sewer
improvements already authorized, the buyer shall pay an amount equal
to the amount by which the assessments exceed $1.4,251.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon vote being taken thereon, the following.-
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and
moved it adoption:
RESOLUTION NO.
RESOLUTION DIRECTING CONDEMNATION OF CERTAIN INTERESTS
IN LAND (69TH - 70TH AVENUE CONNECTION)
WHEREAS, the City Engineer has advised the City Council that the
acquisition of fee simple to the land hereinafter described is required to
provide the right of way for development of the 69th — 70th Avenue connection
as contemplated by Street Improvement Project No. 1982 -09; and it appears
to this Council that the acquisition of such interests in land is necessary
and desireable in the public interests and that the taking will be most
fairly and equitably accomplished through eminent domain proceedings:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
(1) the City Attorney is hereby directed to file the necessary petitions to
acquire fee simple absolute to the following described property:
That part of Lot 52, Auditor's Subdivision Number 309, Hennepin
County, Minnesota also described as the East 5 acres of the West
1/2 of the East 1/2 of the Southeast Quarter of the Southwest
Quarter of Section 25, Township 119, Range 21, lying South of
the North 690.00 feet thereof.
Said parcel described as commencing at the Southwest corner of
Lot 51, said Auditor's Subdivision Number 309; thence North
1 West, assumed bearing, along the West line of said Lot
51 a distance of 396.95 feet; thence Northeasterly along a non -
tangential curve, concave to the Southeast, having a radius of
315.00 feet, central angle 40 ", chord bearing North
45 East and an arc distance of 224.14 feet to the West
line of Lot 52. Said point being the actual point of beginninc
of the parcel to be described; thence continuing Northeasterly
along last described curve 132.08 feet, central angle of
24 ", and the chord of said curve bears North 77
East; thence North 89 East tangent to said curve 37.99
feet to the East line of said Lot 52; thence Northerly along said
East line to the South line of the North 690 feet of said Lot
52; thence Westerly along said South line to the West line
of said Lot 52; thence Southerly along said West line to the
point of.beginning.
(2) the City Attorney shall prosecute such action to a successful conclusion
or until it is abandoned, dismissed or terminated by the court or by
subsequent direction from this Council.
Date Mayor
ATTEST:
Clerk
RESOLUTION NO.
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
y
MEMORAND
Date: June 1, 1982
To: Gerald Splinter
From: Peter Koole
Subject: 69th - 70th Realignment, Right -of -Way Acquisition
I have completed my assignment to attempt to negotiate for the City purchase
ned project.
_ above mentio J
of the required right-of-way for the a
bov P
Parcels lA and 1B containing .24 acres and .10 acres respectively, owned by
Mr. Eugene A. Schlee, are currently part of a purchase agreement being
prepared by our attorneys to be transferred to the City in return for
$11,000.00,<10 acres of City -owned property that is wedged between the new
roadway and Mr. Schlee's property and assurances that the special assessments
for the property ert will not exceed the Engineer's estimates. Therefore,
condemnation will not be necessary on these properties.
Parcel 2 containing .04 acres, and owned by Ms. Melba P. Evanson, has been
the subject of discussions between Ms. Evanson and. myself for several weeks.
At a meeting with Ms. Evanson on May 6, 1982, she indicated that she had some
serious concerns with this project and wanted some answers. She also told me
she had no real dispute with my offer of $1,500.00 for her property, but
didn't feel she wanted to discuss selling her property because of her feelings
about the p roject.
On June 1, 1982, I talked to Ms. Evanson and was told by her, that she is not
interested in selling her property. I am, therefore, recommending that if
the City wishes to acquire her property,'they proceed with condemnation.
cc Richard Schieffer
Sy Knapp
i
_ IJ�
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING AGREEMENT NO. 1957 BETWEEN THE
STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND
THE CITY OF BROOKLYN CENTER, PROVIDING FOR THE
MAINTENANCE AND ELECTRIC ENERGY FOR STREET LIGHTING
SYSTEMS OVER I -94 ON THE 53RD AVENUE AND 57TH AVENUE
BRIDGES
BE IT RESOLVED that the City of Brooklyn Center enter into an
agreement with the State of Minnesota, Department of Transportation for
the following purposes, to -wit:
To provide certain maintenance and electric energy for 7 -200
watt high pressure sodium lighting units over Trunk Highway
94 at 53rd Avenue North and 57th Avenue North in the City
of Brooklyn Center, in accordance with the terms and conditions
set forth and contained in the Agreement, a copy of which -�
was before the Council.
BE IT FURTHER RESOLVED that the proper City officers be and hereby
are authorized to execute such agreement, and thereby assume for and on
behalf of the City all of the contractual obligations contained therein.
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.
k
i
t
i
3
F
3
S
9
MINNESOTA TRANSPORTATION DEPARTMENT
HIGHWAY LIGHTING MAINTENANCE
AGREEMENT NO. 1957
I 1
•
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF BROOKLYN CENTER, MINNESOTA
FOR
Maintenance and electric energy for street lighting systems over
Trunk Highway No. 94 at 53rd Avenue North and 57th Avenue North in
the City f Brooklyn Center.
y y
S.P. 2781267, 268
o
Prepared by Traffic Engineering
Amount Encumbered
None
THIS AGREEMENT made and entered into by and between the
State of Minnesota, Department of Transportation, hereinafter
referred to as the "State ", and the City of Brooklyn Center here-
inafter referred to as the "City ", WITNESSETH:
WHEREAS, the State has awarded a contract to provide street
lighting systems over Trunk Highway No. 94 at 53rd Avenue North and
57th Avenue North in the City of Brooklyn Center; and
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The State shall install or cause to be installed said
street lighting systems at its own cost and expense in accordance
with the plan and specifications for State Project No. 2781 -267,
268.
2. Upon completion of the installation of the street
lighting systems the City shall maintain and keep in repair the
complete street lighting systems as shown in Exhibit "A" attached
hereto and made a part hereof and provide the necessary electrical
energy for their operation including any extension of power lines
all at the cost and expense of the City.
3. Any and all persons engaged in the aforesaid
maintenance work to be performed by the City shall not be considered
employees of the State and all claims that may or might arise under
the Worker's Compensation Act of this State on behalf of said
employees while so engaged, and any and all claims made by any third
party as a consequence of any act or omission on the part of said
employees while so engaged on any of the maintenance work
contemplated herein shall not be the obligation and responsibility
�1-
of the State. The City shall not be responsible under the Worker's
Compensation Act for any employees of the State.
4. This Agreement shall continue in force for a term of
one year, commencing on the date of approval by the Commissioner of
Transportation, and shall continue in force from year to year
thereafter; provided, however, that this Agreement may be terminated
by mutual consent of both parties during any term hereof and shall
be considered terminated upon written notice thereof from the State
to the City and, provided further, that in no event shall this
Agreement be extended beyond the period for which either party may
legally bind itself.
—2—
e
i
CITY OF ERCOKLYN CEN
APPROVED AS TO FORM:
By
City Attorney Mayor
(City Seal)
By
City Recorder - Treasurer
STATE OF MINNESOTA
• DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION
Sy
District Engineer Assistant Commissioner
Operations Division
Dated
Director =
Office of Traffic Engineering DEPARTMENT OF ADMINISTRATION
-
Maintenance Engineer By
Office of Maintenance
Dated:
APPROVED AS TO FORM AND EXECUTION:
Special Assistant Attorney
General -- State of Minnesota
-3-
1 l
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION DECLARING ADEQUACY OF PETITION, ESTABLISHING
ALLEY IMPROVEMENT PROJECT NO. 1982 -14, RECEIVING ENGINEER'S
REPORT, AND CALLING FOR A HEARING ON IMPROVEMENT PROJECT
NO. 1982 -14 (ALLEY PAVING BETWEEN DUPONT AND EMERSON
AVENUES FR OM 53RD TO 54TH AVENUES NORTH)
WHEREAS, the City Council of the City of Brooklyn Center, Minnesota,
has received a petition requesting the improvement of the alley between
Dupont and Emerson Avenues from 53rd to 54th Avenues North; and
WHEREAS, the City Engineer has submitted a report to the City Council
regarding the feasibility of the petitioned improvement..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. Said petition is hereby declared to be signed by the required
percentage of owners of property affected thereby. This
declaration is made in conformity to Minnesota Statutes,
Section 429.035.
2. The Engineer's Report, as submitted by the City Engineer, is
hereby received and accepted.
3. The proposed project will be designated as:
ALLEY IMPROVEMENT PROJECT NO. 1982 -14
4. The Council will consider Improvement Project No. 1982 -14 in
accordance with the Engineer's Report and the assessment of
benefitinq property for all of the cost of the improvement
pursuant to Minnesota Statutes Chapter 429 at an estimated
total cost of the improvement of ;20,240.00.
5. The area to be included within the Assessment District for
Improvement Project No. 1982 -14 shall be all abutting properties
between Dupont and Emerson Avenues from 53rd to 54th Avenues
North.
6. A public hearing shall be held on the proposed improvement on
the 12th day of July, 1982, in the Council Chambers of the City
Hall at 8:00 F.M. local time, and the Clerk shall give mailed
and published notice of such hearing and improvement and of
the Council's determination of adequacy of the petition, as
required by law.
7. Accounting for Improvement Project No. 1982 -14 will be done in
the Special Assessment Fund.
r
RESOLUTION NO.
8. The Council authorizes the issuance of Master Note 82 -08 to
provide construction financing for Improvement Project No.
1982 -14.
I
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.
k
CITY 6301 SHINGLE CREEK PARKWAY
�.
OF
.�� N
BROOKLYN CENTER, MINNESOTA 55430
A0
- B
TELEPHONE 561 -5440
fit
C EY'"ER EMERGENCY- POLICE -FIRE
561-5720
ENGINEER'S REPORT
Alley Improvement Project No. 1982 - 14
PROJECT DESCRIPTION - Bituminous Alley Paving
PROJECT LOCATION - Between Dupont and Emerson Avenue from 53rd to
54th Avenues North
DISCUSSION: The City Has received a petition requesting the
improvement of the alley between Dupont and Emerson
Avenues from 53rd to 54th Avenues North by placement
surface petition was signed by
surfacing. The
of bituminous g P
11 of 18 affected property owners (61 %) whose frontage
• totals 53% of the abutting property. This improvement
was previously proposed in 1978 under Alley Paving
Improvement Project No. 1978 -11. Proceedings were
terminated by the City Council when the majority of
affected property owners spoke against the proposed
.improvement.
It is recommended that the alley improvement project
be constructed in conformance with existing City policy,
whereby the 10 foot traveled width will be constructed
with 4 inches of gravel base and 2 inches of bituminous
surfacing over a properly graded and compacted sub -
grade. The "inverted crown" design of sloping the,
pavement toward the center line will be used.
To provide proper drainage, a storm sewer must be
installed from the alley Easterly to Dupont Avenue.
An easement must be obtained for this purpose.
In accordance with existing.policy, it is proposed
that all non - permanent driveways be paved in conjunc-
tion with the alley improvement; said paving to extend
to the property line.
• FINANCIAL
CONSIDERATIONS: In accordance with the Uniform Alley Improvement
Policy, all costs related to alley construction,
storm sewer installation, turf restoration, and
restoration of existing permanent driveway surfac-
ing are considered assessable. All such costs
"7(e .$a.re etlsi.eg //C OTC
Engineer's Report - Project No. 1982 -14
Page 2
will be apportioned uniformly against the
assessable frontage abutting the improvement.
The cost of constructing bituminous driveways
between the paved portion of tine alley and
property line will be borne by the property owners
if no permanent surface previously existed.
Bituminous pavement construction beyond the
property line will be the responsibility of
the individual property owner.
Based upon the proposal outlined above, the
estimated project costs and resulting estimated
assessment rate is as follows:
Construction Cost $15,210.00
Contingencies _ 1,520.00
lSubtotal Construction Cost $16,730.00
Engineering (@ 90 of
Construction Cost) 1,510.00
Legal and Administration
(@ 20 of Construction Cost) 330.00
Capitalized Interest
. (@ 10% of Constructi.on'Cost) 1,670.00
ESTIMATED TOTAL $20,240.00
Driveway Cost: $10.00 per Square Yard
Assessable Frontage: 1207.06 feet
Estimated Assessment: $16.77 per linear foot or
$17.00 per linear foot
e
Assessment Period: 10 Years
The proposed improvement project, as described in this report, is
feasible under the conditions outlined and at the costs estimated.
Attached herewith is a project location map depicting the proposed
assessment district.
Respectf lly submitted,
A
Sy napp
Director of Public Works
Attachments
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Ac a36
!� PROJECT LOCATION & '
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ALLEY IMPROVEMENT PROJ. NO.1982- l4
Member introduced the following resolution and
3
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING MINNESOTA LAW, 1982, CHAPTER 577., REGARDING `s
HOME ENERGY CONSERVATION PROGRAM FOR THE CITY OF BROOKLYN CENTER
F
WHEREAS, Minnesota Law, 1982, Chapter 577, regarding a Home Energy
City of Brooklyn Center requires approval by a
g
Conservation Program for th e y
of the City 't Council y of Brooklyn Center before it
vote of the City majority o e y
7 y
becomes effective.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Minnesota Law, 1982, Chapter 577, regarding a Home Energy
Conservation Program is hereby approved.
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
i
STATE OF MINNESOTA
0 OFFICE OF THE SECRETARY OF STATE
ST. PAUL, MINNESOTA 55155
TO: THE CHIEF CLERICAL OFFICER OF City of Brooklyn Cente
RE: MINNESOTA LAW, 1982, CHAPTER 577 , APPLYING TO SAID UNIT
SUBJECT: ,Home energy conservation program
WHEN SAID LAW HAS BEEN APPROVED LOCALLY, MINNESOTA STaTUTES 645.021 REQUIRE
THE CHIEF CLERICAL OFFICER OF SAID LOCAL UNIT OF GOVERNMENT TO SUBMIT THE
ENCLOSED CERTIFICATE ALONG WITH THE COPY OF THE RESOLUTION OF APPROVAL
TO THE SECRETARY OF STATE.
LOCAL APPROVAL MUST COME AFTER FINAL ENACTMENT OF THE BILL, AND MUST BE
FILED WITH THE SECRETARY OF STATE BEFORE THE FIRST DAY OF THE NEXT REGULAR
SESSION OF THE LEGISLATURE, OTHERWISE IT WILL -BE DEEMED TO BE DISAPPROVED.
RETURN TO: Secretary of State's Office
ATTN: Jo Ann Silver
Room 180 State Office Bldg.
St, Patel, PIn. 55155
i
Member introduced the following resoiution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING MINNESOTA LAW, 1982, CHAPTER 577„ REGARDING
HOUSING INTEREST BUY DOWN PROGRAM FOR THE CITY OF BROOKLYN CENTER
WHEREAS, Minnesota Law, 1982, Chapter 57, regarding a Housing Interest
Buy Down Program for the City of Brooklyn Center requires approval by a majority
vote of the City Council of the City of Brooklyn Center before it becomes effective.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that Minnesota Law, 1982, Chapter 577, regarding a Housing Interest Buy Down
Program is hereby approved.
Date Mayor
i
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.
STATE: OF E11I NESOTA
OFFICE OF THE SECRE'T'ARY OF STATE
ST. PAUL, MINNESOTA 55155
TO: THE CHIEF CLERICAL OFFICER OF City of B C enter
RE: MINNESOTA LAW, 1982, CHAPTER 577 APPLYING TO SAID UNIT
SUBJECT: Housing interest buy down program
WHEN SAID LAW HAS BEEN APPROVED LOCALLY, MINNESOTA STATUTES 645.021 REQUIRE
THE CHIEF CLERICAL OFFICER OF SAID LOCAL UNIT OF GOVERNMENT TO SUBMIT THE
ENCLOSED CERTIFICATE ALONG WITH THE COPY OF THE RESOLUTION OF APPROVAL
TO THE SECRETARY OF STATE,
LOCAL APPROVAL 14UST COME AFTER FINAL ENACTMENT OF THE BILL, AND MUST BE
FILED WITH THE SECRETARY OF STATE BEFORE THE FIRST DAY OF THE NEXT REGULAR
SESSION OF THE LEGISLATURE, OTHERWISE IT WILL BE DEEMED TO BE DISAPPROVED,
RETURN TO: Secretary of State's Office
ATTN: Jo Ann Silver
Room 180 State Office Bldg.
St. Paul, Mn. 55155
0
e
4
•
Ch. �J 6 72nd
� LFGlSIAT
(
}} Corie 140.34
under the provisions of sections
c law l�kra�e�y sl�a_ j o int law
to 14015 unite in the establishment
Two or more counties may
iibrrry• is amended t,o read: �
1480, See�,ion 140.46,
Sec. 16. Minnesota Statute co unty board
l a propriation by
140.46. A p port a d i
} stt?. at�Ikais4ly s' .�Sdit 001;01 SnR - ._
board may aP r�vi� for =
The county in i+ �, e „i�l�_P_ TO uGids. z
— , ;� � �• oi�t of ceu _�X ---
main;eiian� e Of —the cou
1
IT
See shall
p t law librarian to assist the st ,,nremf o urt
140,47. _ 3
S'_a.e (nudance Qf _ - c law
_er the the Count
`_.he sty. e law i n urd �,, ac ,n_ Snai ter_.anee o_ f_ --
a a ssist 'r
a _ ?_ is
advise , 4 Subdivision 5,
libr_ ariI- •- ly8p, S 480.0: , 1
Sec. 18.
\�mn.esota ,�i,atutes
-, s
amended to read • l i aid into tile treasury and
r
Sub d. 5. Ali moneys col.ected Shah be P
• Gral1 be
added to the current biti =rniat approF ?nation for the library•
R o• 14003- 140.OA�10 05�
Sep.
20. 1 110.04, __ --
, e� ±io_n' 40.01 _ - C 140,13
140.11 110. =2;
rti10. 40.x'
lttir °Soto
tatut�s 19 4,t'. ]40. � 140 ��12•
j4p lo� u.s� 1-- s �_ 140.29;--L -
140.0_0, -_140 �_ 1 l0_..�y 140.31 140.3`x8
1. 18' ]YO '
140.n. 140.10 {3. ,,. 14 ��
0 .25: 140 �d x0 - *0 435' an
14 d �1i1_ =peso- Statute — s 1981
1A0, � _- - --` `--1 -'
14{1,33__14 ar e Te gated_
Sun�len'e Se�tii?? ].-l)
Effective date.
Sec. 20.
0 19 are eYfeC daft�r final ena
Sections
Approved March 22, 1982.
----- m g� (� Tm7rc
IF.11l� V EL`rii 1 IENL 1 UTII0�Y11La
H ®USI L G AND 1
CHApTEP, 577
S.No. 2000
authorizing the BrooklYn
go vernment , t carry out a
to local g ment authority security for
An Center relating and redevelop roviding and
t housing r ogrm; p
Gen er mitting o using
housing interest buy down p a
redeVeiopment bonds; p
sing and u , are as shown in enrolled act
•
hou
�)ndersc�r,lrg and
1982 REGULAR SESSION Ch. 577
redevelopment authorities to provide interest rate reduction
assistance; allowing the city of Brooklyn: Center certain hous-
ing related powers; regulating the debt, personnel, insurance
and compensation powers of Hennepin county; describing
land to be acquired for open space purposes; amending Min -
nesota Statutes 1980, Sections 462.445, by adding a subdivi-
sion; 273.75, Subdivision 4; Laws 1965, Chapter 855, Section
4, Subdivision 1, as amended, and Section 7, Subdivisions 3,
as amended, and 4. as amended; Laws 1979, Chapter 55,
Section 1; and Laws 1979, Chapter 198, Article 11, Section 7,
Subdivisions 1 and 2.
Be it enacted by the Legislature of the State of Minnesota:
Section 1. City of Brooklyn Center; homing interest assistance pro-
gram; findings and purpose.
The legi of t he state of M innes ota find that p of th
duali of life in a _mc*ro,p itan ci t. y is dependent upon the m ain enance,
p rovision a nd 2reseLyLatj o an ade rua ho:ising stock; that accomp -
ing thi i s a pub lic purp that t he =e arehoo units in the city of
Brook G enter that do n ot meet the appl icabie housing codes some of
which n to be dcsjro ed and some o wh ich can be rehabilit that
• there are vacan lots u pon which n ew housing unit can be constructed;
t that a need exists to construe new housing on vacant lots and to re place
i
housing which is dest that a n exists for mortgage credit to be
made a vailable at reaso nable inter rates for new construction; t hat marX
x owners, woul -be purchasg or provid of housing units are unable to
afford m ortg qge cre dit at market rates of interest; and that subsi
in terest rates can be an effective means of achieving the above- stated
purposes.
Sec. 2. Authorization for housing interest buy -down program.
Subdivision 1. The Brooklyn Center housing and redevelopment aathori-
ty may de and administer an int buy -down program to assist with
the financinnv ho using, located anywhere withi the boundaries of the c ity,
of Brooklyn Cente for occupancy pr by persons of low or moderate
.` income to achie the purposes set forth in s ection 1. In developing
program the authority shall consider: _
(a) the availability and affordability of other governmental programs:
3 (b) the availability and affordability of private market financing:
(c ) the
need for mo affordable mortgage c redit to encourage t he
con structi on and enable t he purc of housing units within the city o
i° Brooklyn Center.
Subd. 2. In establ ishing and operating a housing interest b uy -down
p rogram the authority may use or pledge to use any revenue of the.
auth ority to:
Underscori and str-ikeovU are as shown in enrolled act
1249
i
• Ch. 577 72nd LEGISI,A`rURE
C A of th e in t rst due Vin_ loa made pursu to Minnesota
Cal - �rsrro units;
SCc1tILttS lid tJr c 1L) I)!irt' aisl ais llf h( ,___�_�_�
an , of +'�e_ in't � st due an bonds iss- pursuant to Minnesota
Stat utes. Qh o i�i�C, t c r} ur�eds of which 4rc used urim
oa s to the �.irc }. �ers �,2 nou s�n nits and
an cf the, intere djz o n loans m ade by anv pErSon to th
purcrasers of laou.in un �s in tl�e cit of Brook Center. but the pureh
er must an ±end to occu the housh unit as a principal lac of re
at_the time th loa is _made.
romui a
.B all _�.` -.
S ubd. 3. i he auth�ri 5 _�_b te regulations for the hous ?
intere buy -down .ro am.
Sec. 3. Limitations.
al of be provid when the authority
s ha l l n
�tiv .
bu � -d ,
1iosi i nteres t_ `
urch of a housine uni 2s ot
�t 1
available foom�r ate! ider ut�en _terms a nd co wh ich are affor
. au � l'
�oru in
it. re rulation
bl�hc' -UPB a r t_, a T roe id eci by th _ _
At ire -A R �rcent of th a e interest red uction
re at dollar amount of funds appropri
by an a uthor i? y ti ithi a ur`ar 'e to p
ovid
ab t ?
an cc f f Ip ,�T C7Yiti U� cG >�r aCtlo "ty r8hc u1La for O urcha of Sln L
asslst
far =ail holr,�n� as 1�� t �crm , defined in sect ' G2 C.02, su 4,
`i i o�irf pu rsuan t to chapter 4a C shall be ap �ronri-
wh en the
ated fo h� asi , u n it«=ch are # oe sold y vccu ied b
f an.ilies or
individual , s " l E i ncuu e w hich i s ccua_± to less than 116
perc �f mdi f as }+ 1; i caie At lc 84 percent of ag�r�
• , f ' ar,;,roa�r uv an aut h( ) r7_t__within anv c�le nciar
d ol�ar aTrm o�Int o _3un_ -- ---
ear t provid nterc d�.ictlo ass �taa� for financing of
constr
X - - --
rehabil or p- ircl of s L I family h_— °1'_` 9 th at terra is defined in
section 462C.02 y�nc�_en the f' cinf is rot pr ovided pursuant t o ch apter
46Z sha be afro riatec for housin units whic are to be sold or
occupied f amilies or individuals with an adiusted gro inc ome which is
nual to or less t han 1 .1J zrcent of met
family income. For t he
purpo of thi suh�livision, "me family= income'meaof housin ! an
family income est ablishe d t he Un_ it l States de "rt
o l itan count or the andard m etro -
v st
urban gl evelop ment for th non =mctr ad oss income ma
politan st, -I "' area as t case may
The
--- --
ust by t ae out; ority for fami_ si ze.
be adj
Sec. 4. Application of other law.
~ The c ity of establish an interest buy -down program
either r under the provisions of sections i to 3 or the rov�sions of Mi nnesota
Stat C hs11te r 461
Sec, 5. Minnesota Statutes 1980, Section 273.75, Subdivision 4, is amend-
ed to read:
Subd. 4. ]Limitation on use of tax increment. All l the ven en d erived
from tax increment shall be
used in accordance
financing plan. The revenues shall be used solely for the following pur-
QnderscorirQ and stfawavw are as shown in enrolled act
1250
1982 REGULAR SESSION Ch. 577
7
E
poses: (a) to pay the principal of and interest on bonds issued to finance a
project; (b) by a rural development financing authority for the purposes
stated in section 362A.01., subdivision 2, by a port authority or municipality
exercising the powers of a port authority to finance or otherwise pay the
cost of redevelopment pursuant to chapter 458, by a housing and redevelop -
ment authority to finance or otherwise pay public redevelopment costs
'� municipality to finance or otherwise a
f a i� a Y the
�•- rot n c P
chapter 4 �.. 1 a
utsuant to P Y
F p y
capital and administration costs of a development district pursuant to
chapter 472A, by a municipality or redevelopment agency to finance or
otherwise pay premiums for insurance o other security guaranteeing the
payment Qf-n -re d s when due u d da ro ; se of_princi of and
interes on t bo nds pursuan to chapte 4, 2U 474, or bo th chapters, or to
accumulate and maintain a reserve secur=ing the payment when due of the
h bonds pursuant to L.ha ters 4 62E
of and interest on the bo p �� p
principal
474 both ehap which revenues in the reserve shall not exceed. T
subse to the fifth a of the date of issue of the first Bend
T iss secured by th re serve an arnounf• eg iia_l to ?0 percent of the ag _ , 7T e-
gate�rincipal aniount of ti ou tstandinc' and nondefea bonds secured by
the reserve These revent.ies shall not be used to circumvent existing levy
E limit law.
Sec,. 6. Minnesota Statutes 1980, Section 462.445 is amended by adding a
subdivision to read:
Su 11a. Interest reduction program, limitations. An authodty m ay 1
• pr ovide in terest red uction _ assistance f or a re ntal housing developmen
which is located in a ta etec ar as defined in section 46 2C.02 withou
- --
's ed housing units b =subdivision
regard to the limita im posed upon a�si.t g �
11.
Sec. 7. Brooklyn Center home energy conservation program.
Subdivision 1. The city of Brooklyn Center may establish a home energy
c ons erv ation improvement program tc, provid means for the c ity to aid all
r
residents of the city to maintain th eir home
en rt uireme.�ts b
� o by
red ucing overall energ demand thus tending to assure the continu of #
es sential public, industrial, and commercia acti vities. The expenditures of
public fu nds authorized by this section are determined to be necessar
gove actions, particul under present conditions of uncert s
and limited energy suiies. inc costs for�as and oil and difficulty
and delay, in the in crease of energy supplies from all sources due to
environmental concerns.
Provisions for the operation and financing of the program shall be made
by and pursuant to resolutions adopted by _ the city_council. The po wers
granted bv thi sect a re s2 men a nd the procedures authorized for
exercising them are altern to those provided in other law.
Subd. 2. "Resid energy co nservation improvemen means the fol-
lowing devic m and materials if recom,nended by an approved
energy audit and h aving a maxim cost of V,000. which increase the
effi ciency of residential use of energy:
Underscoring and s� are as shown in enrolled act
• 1251
Ch. 577 72nd LEGISLATURE
Cj�Insulatao and vent hlatip
�°L_�_ or th ermal doors or window1
3 Caul anti YvMLI �erstr?��
Furn ef modifications an reacem
(5) Thermostat o }ice tin con trols: and
(615, stems tc�_tui n off or va rX the deli~ -F! of
Thn ter "re ic}ential entrnv cons<rvati�n im rovemen does not. include
and device o rmcthod_• ert.econverta actively uses e from
r
renewable sour su as
3. 1b r ovide for hone Inert y ccm improvementthe c t
Subd
re�c uesi by the owne of a_onE to fo r t restde nti_I buildin __1
mat_Y c3ev_eto a rh v r i* n�w }rich allows:
� a) The ci ty to . t��ve anc contract wit conirctors to�erf__ orm work or
furnis materi oil b oth �o c��r� or mo re�3ro'ects . in accord with
sche coord inated az?d a �rov(e b' --the city;
(b) Th e homeown su - ±o the v_ of the cit to re otia and
c ontra ctors t ^?c?r �. �rl= o fur its'n xnai o r ktothi –for
t with
one or mo pr oject s in aceo wit ac'ned oorclin�tFd______ ??d 1 ?'
proved by the city or
is The cit to_ contr w it h a ho for 1_____ b_o? Qr..? oe both,
r� Qvride t hat n sa ^,h u ses t he cit ma ins work ne t ormed and
s}�a not ��av the hom far his la bor.
Se abd. 4 , p T1 cAv may c with each_.__ hon?eov per for
a we nt of t cost in c ash PR on co �iction of the project w th oa�me�nt
secured de�c` in advance of an amou ! -* ' - to n feast ' t7 o of
the contract, pr ice. or by a, writter, co mmis rn s the contra t �riee Lo_ t e
financial institution to loan the full an:eu
id th
homeowner• The homeowner the financi insti e city play
wee to any conven_ ?ent n' ° Lbyl of re a 3,ment.
b 'rhe cit may aec ?� Taav by -a �??– °r'-�iss °ry note in a pri nci al
amour -. enual to thQ contract trice repay in etual�?eii installments,
inelud both princ and intere on the declininn principal balance.
Provisions may be — reed u_cn to permit or restrict n
� c1 The city ma e ci illy asses the lx neiited p *v in the manner
Vr ovided in Minnesota Sta tutes. Cha1 1ter 1v .
_ t p'O err
Debts for im provemen -j-j t are a firs ard r t� op 514.67. I t
im zd s a in M innesota Sta tutes. miq
when <lue thou shall be entered upon tip tax roi hand cotlE__,___.__cte wit and a
a dart of t he fax on th .TO�crt )Xith the same int an�i p?natties.
Sub 5. In addi ti<mto ie�_enu obtirrLd t o another la the
«bt�at�ons purs t o Itlin esot
eft ma sell retie hr>nds on or �_— rove -
stat ( h ±ter �b to financ the Dome k nergy conserva imp
ment prc�t*ra auth b�� t h�� s ection.
r
t nder grina and siF*004t& are as shown in enrolled act
1252
,
1982 REGULAR SES Ch. 577
Subd. 6. This section is affective a sn novaal _by the yo body
of th e city of Brooklyn_ f e an wpon c with Min nesota Sta t-
ute Se -bon G15.0»_ �_jbdl��ision 3.
Sec. 8. Laws 1965, Chapter 855, Section 4, Subdivision 1, as amended by
Laws 1980, Chapter 573, Section 4, is amended to read:
Sec. 4. Dudes of the personnel board.
Subdivision 1. Board proceedings. When any member of the board is
not present at the time a matter is submitted to the board such matter shall
be deemed submitted to each member of the board with like effect as
though each member of the board had been present at the time of submis-
sion of such matter. Whenever during the consideration of a matter which
is before the hoard, there is a change in the personnel of the board, the
matter shall bE; deemed submitted to the new member, or members, as
though said new member, or members, bad been a member of the board at
the time of the submission of the matter.
No meetings of the board shall be held unless at least three four members
are prevent. A majority vote of all members shall constitute the decision of
the board. The board shall keep records and minutes of its business and
official actions oz s which shall be open to public inspection subject to such
P P P J
reasonable rules as to time and place of inspection as the board may
establish.
Sec. 9. Laws 1965, Chapter 855, Section 7, Subdivision 3, as amended by
• Laws 1980, Chapter 573, Section 7, is amended to read:
Subd. 3. Unclassified service, compensation. The director shall estab-
lish a compensation plan in accordance with section 6, clause (e) for those
employees in the unclassified service identified in subdivision 2, clauses (c
(d), (f), (h), ( (j), (k), (1), (m), (n), (o), (r) and (s).
Sec. 10. Laws 1965, Chapter &55, Section 7, Subdivision 4, as amended by
Laws 1980, Chapter 573, Section 7, is amended to read:
Subd. 4. Unclassified service, tenure, benefits. The positions in the
unclassified service enumerated in subdivision 2, clauses Ue (d), (h), (i), 6),
(k), (1), (m), (n), (o), (q), (r) and (s) shall not have permanent tenure but shall
have all other benefits provided for in this act. The term of office of any
position established by another statute shall be as provided in it.
Sec. 11. Laws 1979, Chapter 55, Section 1, is amended to read:
Section 1. County board; self insurance.
Notwithstanding any contrary provision of other law, the board of com-
missioners of Hennepin County may insure the county against any claim of
liability or loss using funds of the county, without procuring insurance from
any private insurance company when the county board considers it to be in
the best interests of the county. This provision shall not be construed as an
increase of the liability limitations or as a waiver of defenses allowable in
any action pursuant to Minnesota Statutes, Chapter 466. The board may
transfer amounts of money from funds of the county to the funds the
-U nders corina and str;kamla are as shown in enrolled act
Member introduced the following resolution and
moved its adoption::
RESOLUTION NO.
RESOLUTION AMENDING THE 1.982 GENERAL FUND BUDGET AND THE 1982
EMPLOYEE POSI AND CLASSIFICA PLAN
WHEREAS, the City Council, on April 26, 1982 adopted Resolution
No. 82 -69 which approved the temporary filling of the duties of the vacant
Appraiser's position in the Assessor's Office with the use of part -time
personnel and transferred the appropriation for one full -time Appraiser's
salary and benefits to the Unallocated Departmental Expense Account in the
1982 General Fund Budget; and
WHEREAS, the City Manager and City Assessor have recommended that one
Appraiser position be permanently eliminated, and that the duties of the position
be performed by part -time personnel under the supervision of the remaining App -
raiser position in the Office, and that the remaining position should be up-
graded to acknowledge the increased duties and responsibilities; and
WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn
Center does provide that the City Council may, by majority vote of its membe
j transfer unencumbered appropriation balances from one office, department, or agency
to another within the same fund:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to amend the 1982 Employee Position and Classification Plan by
eliminating one full -time Appraiser position and upgrading the other Appraiser
position to a new position to be named Appraiser II with the following grade and
monthly Range Schedule:
Minimum S19A ($1,757); Going Rate S21C ($2,037)
Maximum S23C ($2,140); and
BE IT FURTHER RESOLVED to amend the 1982 General Fund Budget to provide
funds for the position upgrade by transferring an appropriation of $1,854 from
the Unallocated Departmental Expense Regular Employees Salaries Account to the
i
following Assessor's Office Accounts:
Salaries, Regular Employees $1,652
PERA - Combined 91
Social Security 111
$1,854
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.
DEPARTMENT
CITY
OF
OF
(BROOKL
FINANCE
'C ENTER
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Director of Finance
DATE: June 9, 1982
SUBJECT: RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET AND THE 1982
EMPLOYEE POSITION AND CLASSIFICATION PLAN
The attached resolution, if adopted by the City Council, will authorize
the upgrading of one Appraiser Position in the Assessor's Office to Assessor
II, provide funds for the upgrade, and permanently eliminate one Appraiser
position. This action is a follow up to the Council's action of April 26,
1982 (Res. #82 -69) when they approved the acquisition of data processing
equipment for the Assessor's Office and approved the concept for the re-
organization of the Assessor's personnel. The reorganization of duties was
explained in your M & C 82 -04 of April 20, 1982 (attached).
Respectfully submitted,
PwH:pk
""7lse _54.xe20lcur Nose �i „
April 20, 19;;2
Y .
OF VIL CI'T'Y IIA' AGER
CITY OV BR(DOF ,YN C L. 1 4TER
Subject: Appraiser's Unfilled Positinn
and Upgrade of Data
Equipment
To the Honorable Mayor and City Council:
The April 1, 1982, retirement of one of the two appraisers in the Assessor's
Office has given us an o-,portunity to attempt to replace manpower with data
processing and thereby reduce operating costs for the City.
Peter Koole, the City Assessor, in his memorandum of March 17, 1982 to you
(attached), recommended that we not fill the vacancy caused by the retirement
of the appraiser with the appointment of a full -time permanent employee, but
rather try to fill the vacancy with a combination of part -time assistance,
the upgrading of the other appraiser. position in his office, and the addition
of another terminal /printer in his office to make better use of the computer-
ized property data system.
The retirement came at a time when we are considering upgrading our data
communications equipment. We currently have a leased line to LOGIS with a
four- channel multiplexor. That means that we can have four terminals conn-
ected to the LOGIS central. processor. We are currently using all four of
those channels. We have two terminals in Finance, one in the Assessor's
• Office, and we recently installed one in the Police Department to be used for
the Police Management Information System on an experimental basis. We recently
acquired an HP 125 micro- computer which will be used as a word processor, a
computer for small jobs,and as an "intelligent" terminal to the LOGIS central
processor. The additional terminal in the Assessor's Office would be the sixth
terminal in our system. In order to accomodate the additional terminals, we
would have to upgrade our data communications equipment.
Ted Willard, Executive Director,', LOGIS has given me an estimate (attached)
of the cost of upgrading our data communidations system to expand from four
to eight channels. If we expand to eight channels now, it is my understanding
that we could expand further to sixteen channels at a later date for a very
slight additional cost. Mr. Willard also has informed me that we can reduce
the cost of upgrading by selling the multiplexors that would be replaced to
the City of Eden Prairie.
The total cost to upgrade our data communications equipment and add the
terminal /printer that Mr. Koole requested would be approximately $12,000.
The net cost would be reduced by the $3,470 which we will receive from Eden
Prairie and $1,810 for a high speed modem which was appropriated for in the
1982 budget, but which will now no longer be necessary. The net cost would
be $6,700.
M & C -No. 82-04
April 20, 1982
Page Two
To off. ct the co:;t of cquir•rncnt, there will be a projected net labor cost savings
of $8,508 by not filling the appraiser's full-time *position during 1982. The
$8,508 saving rcpres;ents the appraiser's salary and fringe benefits for nine
months of the year in the amount of $17,730 less the cost of Mr. Koole's request
for authorization of part -time appraisal services in the amount of $7,350 and the
cost of upgrading the other appraiser position in the amount of $1,872.
In conclusion, by investing $8,530 in new equipment, which will have a useful
life of at least five years, we can realize a first year (nine months) labor
savings of $8,508.
Recommendation I recommend that the City (1) acquire the equipment necessary to
upgrade our data communications, (2) acquire the terminal /printer for the Assessor's
Office, and (3) transfer the net labor savings from the Assessor's Office Budget to
the Unallocated Departmental Expense budget. It would be my recommendation that
the equipment be purchased out of federal revenue sharing funds, as all other
equipment has been in the past. I have attached a resolution which if adopted,
by the City Council, would authorize this action.
The Council will be asked at a later date to amend the Employee Position and
Classification Plan to recognize the upgrading of one appraiser position and the
elimination of the other. At that time it will also be necessary to transfer an
appropriation back from the Unallocated Departmental Expense salaries budget to
the Assessor's Office salaries budget to provide funds for the upgrading of the
appraiser's position.
Respectfully submitted,
e cu ,
Paul W. Holmlund
Director of Finance
CITY OF BROOKLYN CENTER
Approved:
pliniter
City Manao °r
CITY OF BROOKLYN CENTER
PWH : pie
r
Member introduced the following resolution and
moved its adoption:
RESOLUTION N0.
RESOLUTION DESIGNATING POLLING PLACES WITHIN THE CITY OF BROOKLYN CENTER
WHEREAS, the City of Brooklyn Center is presently constituted into nine
voting precincts described by a resolution adopted by the City Council on April
26, 1982; and
WHEREAS, Chapter 204A.09 of the Minnesota Statutes provides that the
City Council designate the place of holding elections for each precinct.
. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that the following polling places are hereby designated for the City of
Brooklyn Center:
Precinct 1
Harroun Methodist Church
5452 Dupont Avenue North
Precin 2
Earle Brown School
5900 Humboldt Avenue North
Precinct 3
Evergreen School
7020 Dupont Avenue North
Precinct 4
St. Alphonsus Church
7025 Halifax Avenue North
Precinct 5
Orchard Lane School
6201 Noble Avenue North
Precinct 6
Garden City School.
6400 Brooklyn Boulevard
Precinct 7
Cross of Glory Church
5940 Ewing Avenue North
Precinct 8
Northport School
5421 Brooklyn Boulevard
Precinct 9
St. Alphonsus Church
7025 Halifax Avenue North
RESOLUTION NO.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
followin g voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
l
i
�I
CO NFIDENTIAL
MEMORANDUM
TO: Gerald G. Splinter and Members of the City Council
FROM: Ronald A. Warren, Director of Planning and Inspection 6
DATE: June 11, 1982
SUBJECT: Resolution Ordering Abatement of Unsanitary, Unsafe and Hazardous
Conditions at 6213 Beard Avenue North.
This confidentiial memo is prepared at the direction of the City Manager for review
by members of the City. Council regarding the continuous unsanitary status of the
property at 6213 Beard Avenue North owned by Lawrence and Joyce Ludvigsen. This
memo is also prepared to show the long standing problems associated with the
property and the property owners.
A resolution will be presented to the City Council on June 14, 1982 ordering the
abatement of the conditions and directing the City to immediately correct these
conditions and assess the costs of cleanup to the property pursuant to the Housing
Maintenance and Occupancy Ordinance and State Statutes. This item is being put on
the "Consent Agenda" as a means of avoiding a great deal of discussion of the matter
at the City Council meeting which would result in unneeded embarrassment to the
property owners.
I have attached for review, copies of inspection reports from Andy Alberti and
Nancy Deno relating to their June 1, 1982 and June 9,.1982 inspections of the
• premises. With the cooperation of the Police Department, search warrants were
obtained to conduct inspections of the premises on those two dates. The house has
been posted as being "Unfit for Human Habitation" since December 10, 1981 and
Alberti and Deno have, or a number of occasions, attempted to gain access to the
premises without success to see if cleanup orders and corrections have been complied
with. Within the past three weeks we have received a number of complaints from at
least three neighbors regarding the status of the property at 6213 Beard and ex-
pressing their concern that the unsanitary conditions may well have an adverse
affect on their own property.
It must be noted that this is not a new pr6blem. On April 9.,. 1979 the City Council
adopted a similar resolution ordering the abatement of unsanitary conditions at this
property. The property was thoroughly cleaned and sanitized by a professional
cleaning operation under the direction and supervision of the Building Inspector
and Sanitarian on May 4, 1979.
Approximately 5 to 6 months after the cleanup, we received word from the Police
Department which, in investigating another matter, had occasion to be at the
residence and suspected it was in an unsanitary condition. The premises was found
to be as bad or worse than that prior to the May 1979 cleanup. Compliance Orders
were again issued and the Building Inspector and Sanitarian attempted to gain
compliance through inspections and cleanup orders. 'The owners of the property were
cited in early 1980 with violations of the Housing Maintenance and Occupancy
Ordinance. In a stipulated agreement between the City Attorney and the Ludvigsen's
attorney, the Ludvigsens were given a one year probation and agreed to clean the
. residence and maintain it in a clean state and also submit to monthly inspections
by the Building Inspector. This went on somewhat satisfactorily for about 2 to 3
months. After that time the Building Inspector was not able to make inspections.
The Inspector would arrange with the property owners to snake the inspections, but
at the time of the inspection no one would be home.
Memo
Page 2
June 11, 1982
It was our intent at this time to bring the matter before the judge for his review
at the end of the probation period given the Ludvigsens. There was a mixup at the
time the probation period was over and proper notices, although drafted, were never
received by the City Attorney's office and notice of the hearing was unknown to the
City until just prior to the hearing. This occurred in December,1981 and the judge
dismissed the charges against the Ludvigsens at that time. The advice we received
from the City Attorney was to.basically start over again.
In December, 1981 inspections were again made by the Building Inspector and Sani-
tarian and additional cleanup orders were issued which were not complied with.
The premises was posted as being "Unfit for Human Habitation" on December 10, 1981
prohibiting occupancy until certified by the City. On January 17, 1982, Mrs.
Ludvigsen was cited with a violation of City Ordinances for occupying the premises
after the posting. That matter is scheduled for a pretrial hearing at the end of this
month.
It is.our opinion, at this time, that the property must again be cleaned for the
protection of not only the property owner, but neighboring properties as well and,
therefore, recommend that the City cleanup of the property be undertaken immediately
independent of the criminal violations that will be prosecuted and pursued as well.
This matter has been a very frustratingmatter for the staff to deal with and we
have some reservations about annually, or twice annually, cleaning the property
which may be necessary, but feel it is the only way to pursue the matter to affect
an immediate cleanup of the property.
•
mlg
i .
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ORDERING THE ABATEMENT OF UNSANITARY,
UNSAFE AND HAZARDOUS CONDITIONS EXISTING AT
621.3 BEARD AVENUE NORTH IN THE CITY OF BROOKLYN
CENTER SUCH THAT THIS DWELLING IS NOW UNFIT FOR
HUMAN HABITATION.
.
WHEREAS, Lawrence M. Ludvigsen is the owner of that
real property located at 6213 Beard Avenue North in the City of
Brooklyn Center which is legally described as:
LOT 5, BLOCK 1, GARDEN CITY, FIFTH ADDITION,
HENNEPIN COUNTY, MINNESOTA
WHEREAS, Andrew J. Alberti, Building Inspector for the
City of Brooklyn Center inspected these premises on the lst day
of June, 1982 accompanied by Nancy Deno, Sanitarian, Don Sollars,
Brooklyn Center Investigator, and Brooklyn Center Officer David
Shull, said inspection disclosing that the single - family dwelling
at 6213 Beard Avenue North is owned and occupied b Lawrence M.
P Y
• Ludvigsen and his wife, Joyce Ludvigsen, and said inspection
also disclosing that the entire residence was permeated by a
strong, foul odor of feces and urine; the stove and kitchen
table were covered with food, debris, dirty pots and pans, and
mouse feces; the basement steps were worn brown with traces of
dog feces and clumps of dog hair; the basement linoleum was
covered with stains of dog feces, and many puddles of urine,
and more mouse feces were noted; the washtub in the laundry
area was filled with dirty pots, pans and dishes, and contained
stagnent water; the toilet was inseparable, and the only working
water faucet was in the basement, as well as other details,
which were contained in reports of Sanitarian Nancy Deno and
Building Inspector Andrew Alberti, and which were reviewed by
the City Council; and
WHEREAS, Building Inspector Andrew J. Alberti and
Health Sanitarian Nancy Deno concluded that these premises were
unfit for human habitation; and
WHEREAS, Lawrence M. Ludvigsen and his wife, Joyce
Ludvigsen were served with a compliance order requiring that
the. premises be cleaned completely no later than June 9, 1982;
and
WHEREAS, Andrew J. Alberti, Nancy Deno, Don Sollars,
and Officer Bill Dahlberg reinspected the dwelling on the 9th
day of June, 1982 at which time they determined that conditions
had not improved; and
WHEREAS, any appeal rights from the compliance order
. of the City of Brooklyn Center have expired,
NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn
Center, its employees and agents forthwith correct the conditions
of deficiency and the health hazards existing at 6213 Beard Avenue
North so as to fulfill the compliance order issued by the City of
Brooklyn Center and to place a lien against the real estate
described above which cost may be levied and collected as a special
assessment in the manner provided by Minnesota Statutes Chapter
429 but payable in a single installment, said compliance being
effected by the - authority of Section 12 -1206 of the Ordinances
of the City of Brooklyn Center.
DATED: CITY OF BROOKLYN CENTER
Mayor
ATTEST:
• City Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote taken thereon,
the following voted in favor thereof
and the following voted against the same
0
Y
3
M E M O R A N D U M
TO: Ron Warren, Director of Planning and Inspection
Brooklyn Center
FROM: Nancy Deno, Public Health Sanitarian, Brooklyn Cente
RE: 6213 Beard Avenue North, Brooklyn Center, MN
DATE: June 10, 1982
Re- inspection was made of the Ludvigson residence
6213 Beard Avenue North, Brooklyn Center, Minnesota on
June 9, 1982, 10:36 A.M. Inspection was made by Nancy
Deno, Brooklyn Center Health Department, Andy Alberti,
Brooklyn Center Building Department, Don Sollars,
Brooklyn Center Investigator and Willard Dahlberg,
Brooklyn Center Police Department. Search warrant was
used. No one at home. Entry through unlocked garage
door.
The interior of the housing unit (including
attached garage) at 6213 Beard Avenue North, Brooklyn
. Center, MN was found to be in a filthy, unsanitary,
rodent infested condition. Investigation reports and
compliance orders attached.
Due to the continuous failure of the owners to
comply with the orders issued, I strongly recommend
that the City utilize Section 12 -1206 of the Brooklyn
Center City Ordinances to resolve the continuous problem.
e
e
NED:jt
Encl.
INVES TIGATION REPORT'
NAME: Ludvigson Residence TODAY'S DATE 6 -9 -82
&CATION: 6213 Beard Avenue North, Brooklyn Center, MN
REASON F ®R INSPECTION: Re- inspection - Housing
.r.
AN INSPECTION ON: June 9, 1982 10:36 A.M INDICATED THE FOLLOWING ITEMS:
Re- inspection was made of the Ludvigson residence, 6213 Beard Avenue
North, Brooklyn Center, Minnesota on June 9, 1982 at 10:36 A.M. by Nancy
Deno, Public Health Sanitarian, Andy Alberti, Brooklyn Center Building
Department and Don Sollars, Investigation, Brooklyn Center Police Dept..
and Officer Willard Dahlberg, Brooklyn Center Police Department. Search
warrant was used, note police report. No one in the home at this time.
Entry through unlocked garage door.
- .Investigation noted the following conditions:
A foul stagnant garbage odor was noted throughout the house.
- Livingroom - Dining Area
Carpeting matted and filthy dirty. Furniture ripped and dirty. Dining
room table covered with dirty pots and pans, mouse feces, miscellaneous
items. Floors cluttered with paper litter, clothing, furniture, a
broken window.
Kitchen
Refrigeration unit broken, not working. Equipment filthy, food storage
areas filthy, mouse feces noted. Floors dirty. Grease stain on walls
behind stove and near'ceiling
Main Bathroom
Fixtures filthy, tiles missing, chair was_ overturned on top of the
closed toilet seat. Fixtures not working.
West Bedroom
Floors dirty, room cluttered with furniture, boxes of litter, clothing.
Master Bedroom and Bath
Bathroom fixtures filthy, stained, chairs noted in bathroom. Fixtures
not working, pipes in the sink. Bedroom floors dirty covered with
boxes of litter and old furniture.
N. E. Bedroom
doors
dirty, bed and wall area cluttered with old furniture, clothing f
d boxes of litter and miscellaneous items.
INSPECTOR:
INVESTIGATION REPORT
NA-fE : Ludvi anon eSi deny TODAY'S DATE 6 -9 -82 _
*CATION:
REASON FOR INSPECTION:
AN INSPECTION ON: INDICATED THE FOLLOWING ITEMS:
Page 2
East Bedroom
Room cluttered with furniture, matresses stacked to make a bed which
is approximately 4 feet high.
Main Hallway
One wall cluttered with old furniture such as a crib and chairs.
Basement
Upon entering the basement a strong foul odor was noted, the odor was
of dog feces and dog urine. The dog was present, no food out for the
dog. There were many piles of dog feces and puddles of dog urine
throughout the basement floor. In the far end -of basement (north
*end) were old televisions, cabinets, an old washing machine and other
iscellaneous items. Mouse feces noted.
Laundry.Room
The floors, work table, washer and dryer in this area were.`covered with
a large amount of mouse feces. The laurdryroom was cluttered with a
large amount of boxes, furniture and an old non - working freezer.
Back Storage Area
This area was cluttered with a number of old bicycles, which were not
completely assembled. The north wall was covered with.boxes, old
furniture and equipment. There was a large plastic garbage barrel
in the middle of the floor 3/4 full of stagnant water covering a
fe'r'tilizer bag.
Garage
This area was cluttered with old furniture, a junk car, boxes of litter.
Summary
The house was found to be in a total unsanitary filthy condition which
allows harborages of rodents.. The condition of the interior has not
improved.
Photos taken.
NED•jt INSPECTOR: Nancy E. Deno
cc: Andy Alberti, Bldg. Dept. Public Health Sanitarian
Brooklyn Center, MN
Section 12 -1202. RIGHT OF APPEAL.
When it is alleged by any person to wham a compliance order is directed
that such compliance order is based upon erroneous interpretation of this ordinance,
such person may appeal the cernpliance order to the City Council sitting as a Board
of Appeals. Such appeals must be in writing, must specify the grounds for the
appeal, must be accompanied by a filing fee of $15 in cash or cashier's check, and
must be filed with the Department of Planning and Inspection within five (5) business
days alter service of the compliance order. The filing of an appeal shall stay all
proceedings in furtherance of the action appealed from, unless such a stay would
cause imminent peril to life, health, or property.
Section 12 -1203. BOARD OF APPEALS DECISION.
Upon at least 5 business days notice to the appellant of the time and place
for hearing the appeal, and within 30 days after said appeal is filed, the Board of
Appeals shall hold a hearing thereon, taking into consideration any advice and
recommendation from the Advisory Housing Commission. The Board of Appeals may
reverse, modify, or affirm, in whole or in part, the compliance order and may order
return of all or part of the filing fee if the appeal is upheld.
Section 12 -1204. RESTRICTIONS ON TRANSFER OF OWNERSHIP.
It shall be unlawful for the owner of any dwelling, dwelling unit, or rooming
unit upon whom a pending compliance order has been served to sell, transfer,
mortgage, lease or otherwise dispose thereof to another person until the provisions
• of the tag or compliance order have been complied with, unless such owner shall
furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation
or compliance order and shall obtain and possess a receipt of acknowledging.
Anyone securing an interest in the dwelling, dwelling unit, or rooming unit who
has received notice of the existence of a violation tag or compliance order shall
be bound by same without further service of notice upon him and shall be liable
to all penalties and procedures provided by this ordinance.
Section 12 -1205. PENALTIES.
Any person who fails to comply with a compliance order after right of appeal
has expired, and any person who fails to comply. with a modified compliance order
within the time set therein, upon conviction therefor shall be punished by a fine not
to exceed $5 00 or by imprisonment not to exceed 90 days or both. Each day of such
failure to comply shall constitute a separate punishable offense.
Section 12 EXECUTION OF COMPLIANCE ORDERS BY PUBLIC
AUTHORITY.
Upon failure to comply with a compliance order within the time set therein
and no appeal having been taken, or upon failure to comply with a modified com-
pliance order within the time set therein, the criminal penalty established hereunder
notwithstanding, the City Council may by resolution cause the cited deficiency to
be remedied as set forth in the compliance order. The cost of such remedy shall
be a lien against the subject real estate and may be levied and collected as a
special assessment in the manner provided by Minnesota Statutes, Chapter 429,
but the assessment shall be payable in a single installment.
-20-
MEMORANDUM
TO: Housing File
FROM: Andrew J. Alberti, Building Inspector • .�.. ,
DATE June 9 19 82
SUBJECT: Lawrence and Joyce Ludvigsen
6213 Beard Avenue North
Brooklyn Center, MN 55429
At approximately 10:20 a.m. on this date Nancy Deno, Don Sollars,
Bill Dahlberg and I met at 6213 Beard Avenue North to make an
inspection on the corrections required for a Compliance Order
dated June 3, 1982.
Knocking on the doors brought no response, so we entered the
dwelling through the garage along with a search warrant. Upon
entering the dwelling, the familiar stench was present. Both
Police Officers searched the dwelling for occupants. The Police
confirmed that no one was home, so we proceeded to make our
inspection. The only difference we noted was that the pots and
pans were removed from the laundry tub and the "P" trap inside
the lavatory of the master bedroom had been removed. Other than
these two items, all things remain the same with the exception
of the following:
1. The top of the basement stairs was covered with
dog hair and two (2 ) dead mice.
• 2. Approximately 12 piles of dog feces on the
basement floor along with pools of dog urine.
From the condition of the interior of the dwelling, it is my
opinion, the Ludvigsen's are not occupying this property while
it is posted as "Unfit for Human Habitation ". At the same,
time, very little or no effort at all is being made by the
''Ludvigsen's to clean this dwelling. In fact, the condition has
regressed since our inspection dated June 1, 1982.
CITY OI IROOKLYN CENTER, MN 554
F Department of Planning and Inspectio,
(612) 561 -5440
NOTIFICATION OF UNFIT CONDITIONS FOR HUMAN OCCUPANCY y
N I CP.TIOi7 DATE: June 3, 1982 LqA e
TO: Lawrence M. and Joyce M. Ludvigsen
6213 Beard Avenue North
Brooklyn Center, 2 55429
LOCATION 6213 Beard Avenue North
'COMPLIANCE OFFICIAL Andrew J. Alberti and Nancy Deno
The following violations of the Housing Maintenance and Occupancy
Ordinance were cited during recent inspection of the above premises.
You are hereby informed that these violations render these premises
unsafe for human occupancy and must be corrected within five (5) days.
1. Clean and maintain clean dwelling in a sanitary condition.
This includes bathrooms and fixtures, kitchen and equipment, -
hallways, carpeting and all floor surfaces, all wall surfaces,
ceilings, dwelling and storage rooms throughout the entire
dwelling unit.
2. Remove rodents and rodent feces from interior of dwelling unit.
3. Remove stench from basement; stench includes removal of dog
feces and urine.
4. Clean and maintain clean basement floor area and stairway
to be free of dog feces, urine and dog hair.
S. Remove from the dwelling unit (this includes the attached
garage) the accumulated litter consisting of boxes, old
clothing, non- functioning equipment, furniture, and appliances,
old bicycles and other such materials which provide a rodent
harborage in or about the dwelling unit.
6. Clean and maintain clean areas for food storage to make
the food storage areas non - accessible to rodents. ,
7. Repair or provide a refrigeration unit or similar device
for the safe storage of food, which are properly installed
with all necessary connections for safe, sanitary and
efficient operation.
S. Provide or repair a kitchen sink in good working condition
• and properly connected to an approved water supply-system
and which provides at all times, an adequate amount of
heated and unheated running water under pressure, and ,
which is connected to an approved sewer system.
• 9. Repair or provide a flush water closet in good working
condition.
10. Provide or repair a lavatory sink to be in good working
condition.
,40tification of Unfit ; jnditions for Human Occupancy
June 3, 1982
Page 2
11. Provide or repair bathtub or shower to be in good
working condition.
You are also hereby notified that under Brooklyn Center Ordinance Section
12 --1101 (2), it shall be unlawful for such dwelling to be used for human
abi.ta until the defective conditions have been corrected and written
approval has been issued by the Compliance Official. .
Please notify Andrew Alberti or Nancy Deno as soon as the above conditions
are corrected.
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.,MEMORANDUM
TO: Housing File
FROM: Andrew J. Alberti, Building Inspector
DATE: June 1, 1982
SUBJECT: Lawrence Ludvigsen
6213 Beard Avenue North
Brooklyn Center, MN 55429
At approximately 9:35 a.m. this morning, Nancy Deno, City Sanitarian
and I met Don Sollars, Brooklyn Center Investigator, and Police
Officer David Scholl at 6213 Beard Avenue North to conduct an
inspection of the interior of the dwelling. We had obtained a
search warrant signed by a judge to conduct this inspection, if
the owmer opened the door. After several knocks and hard raps
on the door, we did not receive a response. Don Sollars and
David Scholl left to see if we could legally get permission from
the judge to gain entrance to the dwelling. *Sollars said the
f
judge advised him to enter the house by any means. We called for
i
Dave Scholl, who came back and banged on the door and shouted that `
it was the Police, and if they didn't open the door, he would
break the door down. Several minutes passed, then Mrs. Ludvigsen
t
opened the door. Upon entering the dwelling, a copy of the search
• k
warrant was given to Mrs. Ludvigsen, who was coming out of a bedroom.
The dwelling had a very foul odor, miscellaneous clothing, furniture,
debris was cluttered throughout the living room, dining room and two
bedrooms. One bedroom had the bed made up with some cluttered
clothing and debris on it. The main bathroom was filthy; a chair,
scale and box were on top of the water closet. I asked the owner,
Lawrence Ludvigsen, if the toilet was working and he said it was. t
I then asked him to flush the toilet and after he
turned the
water on and flushed the toilet, water leaked from under the tank.
When I asked hi- ih. I ie kept the toilet valvt 'sr'at off, he said
because no o e lived there. I proceeded to the rear bathxoom and..,
j
found a "P" anQ i other parts inside the wash basin. The owner
said they were from the kitchen sink. The toilet bowl and shower
were filthy also. I checked under the kitchen sink and saw the
"P" trap missing and asked the owner how he cleans when the'sink
doesn't work, and he told me that him and his wife use the laundry
tub or bathtub. The kitchen stove had miscellaneous pots and pans
on it and several mouse feces. The refrigerator was not working
and the kitchen table had boxes, pans, dishes and several mouse
feces on it. I then proceeded to the basement, which had a much
stronger foul odor from dog urine and feces, even though there f --•-
weren't too many feces on the floor. Mrs. Ludvigsen said she
had cleaned in the basement yesterday. I opened the door into
the laundry room and found the laundry tub cluttered with dirty
pots and pans. The room itself was cluttered with miscellaneous
III
debris. Mouse feces were visible on tl�e floor, electrical tubing
and most flat surfaces. We checked the north storage room and
found it completely cluttered with debris; mouse feces completely
covered many areas of the floor, boxes, etc.
Two bedrooms on the upper floor were'used to store miscellaneous
objects and one bedroom had boxes and miscellaneous materials
piled on top and sides of the bed, almost to the ceiling.
-The condition of the interior of the dwelling has worsened since
• an inspection was conducted by Nancy Deno and I on October 19, 1981.
Although the Ludvigsen's keep telling me that they don't live
there, and that all they do is go to the house to feed the dog and
clean, the evidence clearly shows that no cleaning is taking place.
The neighbor's tell me they see them come in the evening and leave
in the morning and have had younger male youths in the house
Arinking. I rej. jte 'the dwelling under Sect .J- 12 -1101, which
prohibits habitating this dwelling until we advise them.
The girlfriend Mrs. Ludvigsen told me she stays with is actually
her daughter Mary Muenzhuber, 507 -14th Street, Minneapolis, MN.
Mr. Ludvigsen said he sleeps on park benches or wherever he can.
Nancy Deno and I decided that since very little progress has been
made to keep the dwelling clean, it should be posted as "Unfit
for Human Habitation" again. I advised the owners to call me
on Thursday, June 3, 1982, at which time we will set up a
for cleaning. In no case are they to remain in the house.
Investigator Don Sollars read them the posting message and also
advised them what it meant.
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"3—
INVESTIGATION REPORT
NAB; Ludvigson Residence TODAY'S DATE 6 -3 -82
A ra ION: 6213 Beard Avenue North, Brooklyn Center, MN
REASON FOR INSPECTION: Housing
AN INSPECTION ON: June 1, 1982 - 10:07 A.M. INDICATED THE FOLLOWING ITEMS:
" 3
Inspection was made of the Ludvigson residence, 6213 Beard.Avenue North,
Brooklyn Center, Minnesota on June 1, 1982 at 10:07 A.M. by Nancy Deno,
Public Health Sanitarian, Brooklyn Center Health Department and Andy
Alberti, Brooklyn Center Building Department, Don Sollars, Investigation
Brooklyn Center Police Department, Dave Shull', Brooklyn Center Police
Department. A search warrant was used, note police report. Joyce and
Lawrence Ludvigson were home at the time of inspection.
Investigation ,noted the following conditions:
Livingroom - Dining Area
Carpeting matted and filthy dirty. Furniture ripped and dirty. Dining
room table covered with dirty pots and pans, mouse feces, miscellaneous
items. Floors cluttered with paper litter, clothing, furniture, a
broken window.
0 - tchen
Refrigeration unit broken, not working. Kitchen faucet not working.
Stove and kitchen table covered with food debris, pots and pans, bottles,
and mouse feces. Floors dirty. Grease stain'on walls behind stove,
and near ceiling.
Main Bathroom
Fixtures filthy, tiles missing, chair was overturned on -top of the
closed toilet seat. Fixtures not working.
West Bedroom
Floors dirty, room cluttered with furniture, boxes of litter, clothing.
Master Bedroom and Bath
Bathroom fixtures filthy, stained, chairs noted in bathroom. Fixtures
not working, pipes in the sink.° Bedroom floors dirty covered with
boxes of litter and old furniture.
Northeast Bedroom
#?ors dirty, bed and wall area cluttered with old furniture, clothing'
aid boxes of
litter and miscellaneous items. ..
INSPECTOR:
• INVESTICATI REPORT'
NAXE ; TODAY'S DATE
LGZATION :
REASON FOR INSPECTION: -
AN INSPECTION ON: INDICATED THE FOLLOWING ITEMS:
Page 2
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Ludvigson Residence
6213 Beard Ave. No.
Brooklyn Center, MN
6 -2 - -82
West Bedroom
Cluttered with furniture and clothing.
Main Hallway
One wall cluttered with old furniture such as a crib and chairs. g
Basement
i
®on entering the basement, a strong foul odor was noted, the odor
as of dog feces and urine. Stairs were worn broom with traces of dog
feces and clumps of dog hair, a small dog occupies the area. The }
linoleum floor was covered with brown dog feces stains and a number
of urine puddles. In the= far end of 'the basement (north end) were
old televisions, cabinets, an old washing machine and other miscell-
aneous items. Mouse feces noted.
Laundryroom, West Basement
The two - compartment wash tub in the basement was filled with dirty
pots, pans and dishes which was half full of stagnent water. It was
stated by the Ludvigsons that this was the only working water faucet
in the house (the Laundry tub). The floors, work table, washer and
dryer in this area were covered with a large amount of mouse feces.
The'laundryroom was cluttered with a large amount of boxes, furniture
and an old non - working freezer.
Back Storage Area, Northwest
This area was cluttered with.a - number of old bicycles, which were not-
completely assembled. The north wall was covered with boxes old
furniture and equipment. There was a large plastic barrel
in the middle of the floor 3/4 full of stagnent water covering a
` 'Mrtilizer bag. In asking Lawrence Ludvigson the use of this, he
O ated he was soaking the fertilizer tc later spread on the lawn.
The floor in this area was covered with mouse feces.
INSPECTOR:
INVESTIGATION REPORT
NAAM : TODAY'S DATE
I ATION:
REASON FOR INSPECTION:
AN INSPECTION ON: INDICATED THE FOLLOWING ITEMS:
Ludvigson Residence
213 Beard rd Ave. No.
Brooklyn Center, MN
6 -2 -82
Page 3
Garage
This area was cluttered with old furniture, a junk car, boxes of
litter.
Summary
The house was found to be in a total unsanitary filthy condition
which allows for harboraaes of rodents. The condition of the interior .
has not improved since inspection on October 19, 1981, conditions
ave extremely worsened. Photos taken.
o
ee ,
N*ED: j t `
•
cc: Andy Alberti, Building Department
Brooklyn Center, Minnesota
INSPECTOR: NANCY E. DENO
PUBLIC HEALTH SANITARIAN
Member introduced the following resolution and
moved its adoption: C �
RESOLUTION NO.
RESOLUTION ACK2=I.ED GIFT
WHEREAS, the Off Broadway Musical Theatre has presented the City a
gift of One Hundred Fifty Dollars ($150) and has designated that it be used
for the purchase of one production light fixture for the Community Center
Social Hall; and
WHEREAS, the City Council is appreciative of the gift and commends
the Off Broadway Musical Theatre for its civic efforts:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to acknowledge the gift with gratitude; and
BE IT FURTHER RESOLVED that the gift of $150 be appropriated to the
Community Center Building Repair Account (Acct. No. 01- 4233 - 389 -66) to be used
for one production light fixture.
Date
Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
p
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•
. .. . _ r.._ DEPARTMEN
a ,
` CITY
OF OF
BROOKLYN FINANCE
C ENTER
4
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MEMORANDUM
TO: Gerald. G. Splinter, City Manager
FROM: Director of Finance
DATE: June 9, 1982
SUBJECT: RESOLUTION ACKNOWLEDGING GIFT
The Off Broadway Musical Theatre has sent us a check for $150 and requested
that we use it to purchase a production light fixture for the Social Hall.
This group uses the Social Hall for theatrical productions. They have said
that the use of such lighting fixtures will improve the lighting for theatrical
• productions and general purpose lighting in the Social Hall. We currently
have two light fixtures of this type. This type can be used with our existing
lighting, and its installation will not require any further expenditure of
funds. We could use up to six more fixtures of this type, if and when funds
are available.
b
Respectfully submitted,
PWH:pk
°4 7!e ,Samet444tg X ale L?ityc "
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER AND DESIGNATED STAFF TO
WORK WITH THE BROOKLYN CENTER CRIME PREVENTION FUND ORGANIZATION
WHEREAS, the Brooklyn Center Crime Prevention Fund was established to
provide the Brooklyn Center Police Department with a source of funds that will
assist them in solving crimes and to further reduce crime in Brooklyn Center; and
WHEREAS, the Brooklyn Center Crime Prevention Fund Board of Directors
will be comprised of members from civic groups and private citizens; and
WHEREAS, the Brooklyn Center Crime Prevention Fund would initially be
used to mone rovide to buy information contraband, and rewards with the
P Y Y
intent of preventing and reducing crime in the City of Brooklyn Center; and
WHEREAS, the City Council of the City of Brooklyn Center supports the
efforts of the Brooklyn Center Crime Prevention Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that the City Manager and /or his designees are hereby authorized to work
with the Brooklyn Center Crime Prevention Fund.
Date Mayor
ATTEST: _
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
J
THE
BROOKLYN CENITER
CRIIRl PREVENTION FUND
BROOKLYN CENTER
CRIME
PREVENTION
FUND
T HE BROOKLYN CENTER CRIME PREVENTION FUND
THE PURPOSES OF THE FUND:
TO PROVIDE THE BROOKLYN CENTER POLICE DEPARTMENT WITH A
SOURCE OF FUNDS THAT WILL ASSIST THEM IN SOLVING CRIMES
AND TO FURTHER REDUCE CRIME IN BROOKLYN CENTER,
CAN THE CITY OF BROOKLYN CENTER USE TAXPAYERS DOLLARS FOR THIS
FUND?
THE ANSWER IS A SIMPLE NO!! MINNESOTA STATE LAW PROHIBIT`'?
MUNICIPALITIES FROM USING TAX FUNDS FOR REWARDS
WHAT OTHER COMMUNITIES NOW HAVE SUCH A FUND?
EDINA WAS THE FIRST COMMUNITY IN THIS AREA TO SET UP THIS
TYPE OF FUND, ST. LOUIS PARK & BROOKLYN PARK HAVE ALSO
ESTABLISHED FUNDS,
WHAT WOULD THE FUND BE USED FOR?
THE BROOKLYN CENTER CRIME PREVENTION FUND WOULD BE INITIALLY
USED FOR:
1, MONEY TO BUY INFORMATION OR CONTRABAND (DRUGS,
STOLEN GOODS, ETC,)
2. REWARD MONEY
H014 IS THIS LOCAL TYPE OF FUND DIFFERENT FROM THE '.CRIiIE STOPPERS
FUND"?
"CRIME STOPPERS" DEALS MAINLY WITH CRIMES ON AN AREA WIDE
BASIS, THEY CONCENTRATE ON ORGANIZED CRIME THAT GOES AFTER
SHOPPING CENTERS, BANK ROBBERIES, DRUG -STORE AND HABITUAL.
HITS FOR NARCOTICS, ETC, (CRIME STOPPERS HAS ASSISTED
BROOKLYN CENTER IN ONLY ONE HOMICIDE TO DATE.)
WES A CRIME PREVENTION FUND PAY DIVIDENDS?
THE OVERALL EXPERIENCE INDICATES A GOOD SUCCESS RECORD,
AN EXAMPLE FROM ST, LOUIS PARK IS OFFERED, AS FOLLOWS:
PROPERTY RECOVERED AND /OR PROPERTY DAMAGE RESTITUTION
MADE:
-- $340,000 - TOTAL AMOUNT OF PROPERTY RECOVERED, ETC.
-- $17, 000 - REWARD MONEY PAID OUT.
-- 95 -5 - RATIO OF RECOVERY TO REWARD.
P ART - � E �
- XP R I N
AST I CRIME RECORD 5 YEAR E„ E.. E JC
TOTAL NUMBER OF CASES 225
TOTAL NUMBER OF ARRESTS MADE 190
THIS IS ATTRIBUTED TO THE CRIME PREVENTION FUND AND
REWARDS OFFERED.
* PART I CRIMiES ARE ASSAULT, FELONY, BOMBING, BURGLARY,
r AGGRAVATED ROBBERY, CRIMINAL DAMAGE TO PROPERTY, ETC.
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hOW IS THE FUND ADMINISTRATED
A. A BOARD OF DIRECTORS WILL BE COMPRISED OF A MEMBER
FROM EACH CIVIC GROUP INVOLVED AND /OR PRIVATE
CITIZENS, AS WILL BE SET FORTH IN THE EVENTUAL
BYLAWS.
B. AN EXECUTIVE BOARD OF 3 TO 5 PERSONS WILL ACTUALLY
BE INVOLVED WITH DISPENSING MONEY FROM THE FUND.
THIS EXECUTIVE BOARD WILL BE APPOINTED BY THE
BOARD OF DIRECTORS.
C. THE POLICE CHIEF WILL BE THE 'EXECUTIVE OFFICER"
OF THE FUND AND WILL BE AUTHORIZED TO SPEND A
CERTAIN AMOUNT I.E. UP TO $50.) WITHOUT HAVING TO
SEEK FURTHER APPROVAL OF THE BOARD OF DIRECTORS.
D. THE BOARD OF DIRECTORS SETS UP THE GUIDELINES FOR
USE OF THE FUND.
E. THE POLICE CHIEF ADMINISTRATES THE FUND ACCORDING
TO THOSE GUIDELINES.
F. THE EXECUTIVE COMMITTEE WILL NOT BE IDENTIFIED
PUBLICLY.
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HOW IS A FUND STARTED:
ANY ORGANIZATION IN A COMMUNITY OR INTERESTED CITIZENS.
COULD START A CRIME PREVENTION FUND.
HOW MUCH MONEY IS NEEDED FOR A J 1 START UP FUiaD "?
IT IS RECOMMENDED THAT ABOUT $2,000 BE AVAILABLE FOR A
"START UP FUND`. START UP COSTS ARE ESTIMATED AT:
300 PHONE RECORDER
70 SEPARATE PHONE LINE
140 FIRST YEAR CHARGE FOR PHONE LINE
00 INSTALLATION CHARGES
1300 BUY/REWARD MONEY & PROMOTION COSTS
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WHAT SHOULD BE THE SIZE OF THE FUND
IT IS RECOMMENDED THAT A MINIMUM FUND OF $25,000 BE
THE GOAL
WHAT ARE THE SIZES OF AMOUNTS PAID OUT?
1. I NFORMATION COULD RANGE FROM $5.00 TO $100.00.
2. DRUG &STOLEN GOODS FROM $75,00 T o $10,000-00-
($10,000 WOULD MAINLY BE FOR "FLASH MONEY ")
H OW ARE THE FUNDS SECURED FOR THIS PROCRA��!?
BASED ON METHODS USED SUCCESSFULLY IN OTHER COMMUNITIES,
THE FOLLOWING SOURCES ARE SUGGESTED:
1. COMMUNITY CIVIC GROUPS.
2, BUSINESS COMMUNITY,
3. CITIZENS OF THE COMMUNITY.
CONTRIBUTIONS ARE TAX DEDUCTIBLE.
AFTER START UP, CITIZEN CONTRIBUTIONS AMOUNT TO
APPROXIMATELY 90 -95% OF THE FUNDING, CIVIC GROUPS
MAKE UP THE REST,
EDINA EXPERIENCE
90 -95% COLLECTED FROM CITIZENS
5-10% COLLECTED FROM CIVIC GROUPS
ANNUAL COLLECTION IN EXCESS OF $10,000.00.
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CPI ill e Cl 1 IZZ zZ i1i_,Fmn
EDINA CRIME PREVENTION AND CRIMINAL APPREHENSION FUND, INC.
BOX 35231 • 5108 WEST 74th STREET a 'EDINA, MINNESOTA 55435
SPONSORING 1 9 8 0 ANNUAL NEWSLETTER
ORGANIZATIONS i
Athena Club of Edina Dear Edina Resident:
Edina American "Hack to Basics" is a theme which has application throughout many facets
Legion Post # 471 of our society. It's a saying which is applicable in areas ranging from
sports participation through culinary endeavors.
Edina Federated "Back to Basics" also has a measure of applicability when speaking of
Women's Club crime. I'm not facetiously recommending simpler criminal acts or
crimes of less magnitude, but I am recommending some steps which can
Edina Jaycees -- - impact crime in a general area. - - -
Edina League of Policing in a community has not changed a great deal over the years. _
Women Voters Certain new technologies, areas of emphasis, and a multitude of programs
bave had some impact. However, to these - influences, a'subtle change may
Edina Lions Club have occurred. This change may have created the feeling that crime was
a police problem and could be compartmentalized in that manner.
Edina Masonic Lodge
However, of the programs which have the greatest -impact on crime, the
Edina Optimist Club most successful are those with the greatest community support and `
involvement. Crime Prevention Programs, where citizens take steps to
Edina Reveille reduce their vulnerability to crime, are successful. Edina's Operation
Exchange Club Identification Program, a personalized- marking- system to deter possession s
and transfer of stolen property, is successful. Also, the Edina Crime €
Prevention and Criminal Apprehension Fund, a community program for
Edina Rotary Club i
offering rewards and assisting in investigations, is successful.
Edina Woman's Club Crime is not exclusively a police problem. If, over the years, it has
appeared to have become exclusive in its description, we have gotten j
Greater Edina away from the "basics." Edina, with its viable and successful approach
Chamber of Commerce to the problem of crime, has not strayed from fundamentals. Edina
Morningside Women's Clut should have continuing success in this endeavor.
Taking "Back to Basics" one step further, we should add additional
Southdale Optimist Club effectiveness: Individually, we should lock our - homes and cars to prevent `
thefts . Keep a watch on.our neighborhoods, reporting suspicious
persons and activities Develop a security awareness and keep
the Edina Police phone number (925 -2233) easily available.
Crime, and its prevention, is not a simple problem in Edina. To impact
its effect in Edina, all the resources of our community must be brought
to bear. Edina has these resources and they are working. Building on
solid fundamentals,, the Edina Police Department and the community are
Impacting crime.
The Edina Crime Prevention and Criminal Apprehension Fund is a major
r v� O IN C '� effort to help fight crime in Edina. It's an additional tool for your
police department to use in dealing with, and anticipating, crime in
' our city. Crime --and preferably its prevention -- is a shared
responsibility of the police and the community. This partnership in
o Edina is and will continue to be successful.
Cordially,
Craig Swanson
Chie of Police, City of Edina
WHAT IS THE STATUS OF THE PROPOSED FUND TO DATE?
IN THE FALL OF 1981, THE BROOKLYN CENTER ROTARY CLUB
AND THE BROOKLYN CENTER CHAMBER OF COMMERCE FORMED A
JOINT COMMITTEE THAT WORKED Y CENTER
R WITH THE
BROOKLYN N
KED
POLICE CHIEF TO INVESTIGATE THE NEED FOR THE FUND,
THE ORGANIZATIONAL STRUCTURE, ETC.
BOTH ORGANIZATIONS FELT THAT THERE WAS THE NEED FOR
THE FUND] BUT THAT TO MAKE IT WORK AS IN OTHER
COMMUNITIES, THIS MUST BE A COOPERATIVE EFFORT ON THE
PART OF THE CIVIC GROUPS, BUSINESS COMMUNITY AND THE
RESIDENTS OF THE CITY.
TO BRING THE IDEA TO THE COMMUNITY, THE FOLLOWING
HAS BEEN DONE:
1. THE CHAMBER AND THE ROTARY HAVE BUDGETED
$300.00 EACH TOWARDS THE FUND.
2. THE JOINT COMMITTEE HAS DRAFTED SUGGESTED
BYLAWS AND ARTICLES OF INCORPORATION ALONG
WITH OTHER PAPERS NECESSARY FOR REVIEW.
}
1
WHAT IS ASKED FROM THE CIVIC GROUPS:
BASED UPON EACH ORGANIZATIONS FINANCIAL CAPACITY OR
BUDGET COMMITMENTS AT THIS POINT IN TIME, GROUPS WILL
HAVE TO ASSESS THEIR OWN COMMITMENT. WE.ARE SUGGESTING
THAT THOSE THAT CAN DO SO MAKE SUCH COMMITMENTS,
1. $300,00, OR ANY AMOUNT THEY FEEL POSSIBLE AT
THIS TIME TO THE START UP FUND. SIT IS
FURTHER SUGGESTED THERE IS AN ANNUAL FINANCIAL_
CONTRIBUTION TO THE CRIME PREVENTION FUND.)
Z. EACH CONTRIBUTING ORGANIZATION MIGHT WANT TO
APPOINT A PERSON TO REPRESENT THEM ON THE
BOARD OF DIRECTORS,
CRIME PREVENTION FUND -
PROPOSED CHRONOLOGY AND TIMETABLE:
FALL 1961 BROOKLYN CENTER CHAMBER 2 ROTARY AGREE TO TAKE THE
FUND ON AS A PROJECT AND AGREE TO PROVIDE SOME
INITIAL START UP FUNDS
MARCH 1962 MEETING WITH JOINT COMMITTEE OF THE TWO ORGANIZATIONS
TO ORGANIZE THE PROCESS TO INVOLVE OTHER ORGANIZATIONS
- IN THE START UP OF THE FUND.
SET UP AND ALL C A MEETING WITH THE PRESIDENTS AND /OR
` COMMITTEE MEMBERS OF OTHER CIVIC ORGANIZATIONS IN
BROOKLYN CENTER,
MEETING HELD TO OUTLINE THE NEED FOR ADDITIONAL
CIVIC GROUP SUPPORT,
APRIL 1962 OTHER GROUPS HOLD THEIR MEETINGS TO ACT ON THE
PROPOSAL,
APPLICATION MADE TO IRS FOR TAX EXEMPT STATUS.
LI CA TI
MAY 1982 HOLD ANOTHER MEETING OF THE CIVIC GROUPS AND
DETERMINE THE LEVEL OF SUPPORT.
ESTABLISH THE CRIME PREVENTION FUND.
A. ADOPT BYLAWS
B. APPOINT BOARD OF DIRECTORS
.JUNE 1962 SEND LETTERS OF SOLICITATIONS FOR CONTRIBUTIONS TO
THE FUND TO THE BUSINESS COMMUNITY AND RESIDENTS.
A. BUSINESS COMMUNITY - CHAMBER OF COM14ERCE
B. RESIDENTS - MANAGER'S NEWSLETTER
(THIS ASSUMES WE HAVE THE EXEiPT STATUS AND CAN
STATE THAT THE CONTRIBUTIONS ARE TAX DEDUCTIBLE.)
9
rT
The problem is crime!
As we are all aware, Brooklyn Park is seeing Reasons for this increasing rate of crime
ever- increasing rates of crime of all kinds in include our very young population. National
our city. As was recently reported, our city statistics show that the average age of'the
leads other Hennepin County suburbs in the daytime criminal is 15 1 /2! Also our population is
crimes of rape (25 in 1980); aggravated increasing; so crime will increase as well.
assault (85 in 1980) and burglary (768 in Whatever the reason, we have a problem.
1980). There also were over 1000 reported
And its rowin .
e f vandalism in
9 9
cases o 1980.
It is also true that our police department has We could put a police officer on every corner
among the highest crime clearance (crime of the city, but national statistics also show
solving) rate in Hennepin County as well that does little if anything to actually stop or
reduce crimes.
Park Community Organization, Inc., an f
YOU Can ®o
association of clubs and organizations in the
Something - city; to tell them the story, and to recommend
that we in Brooklyn Park start a community
About ,1 crime- prevention /criminal apprehension
program, similar to those in other communities.
The key to a community solving its crime The Community Organization members
problems is the citizens. agreed, and adopted the program as
recommended by the Chamber, calling it -
In February of 1981 the Brooklyn Park Tele- Crime.
Chamber of Commerce surveyed the residents This special letter is to let you know that
and businesses of Brooklyn Park to find out if Tele -Crime is now operating, how it works,
people were concerned about crime in our
city. and how you can play an important part in the
'
community crime efforts in Brooklyn Park.
The results of that survey, which have been Please take a few minutes to read the
reported in local media, showed that without
question, Brooklyn Park people are concerned information here, then keep the special phone
about crime in our area. The Chamber took number handy.
those survey results, and went to other cities Tele -Crime now belongs to you, the
in the area to see how they have dealt with residents of Brooklyn Park, and businesses. It
their community crime problems. Then, the is new, it is important, and it will work, with
Chamber took this information to the Brooklyn your help!
�/ ha t IS
Te
It is a citizen's organization. Its direct purpose Crime is a serious problem in Brooklyn Park,
is to obtain information on unsolved crimes. and it is increasing every year. A big part of the reason for the increase in
This information is gathered anonymously from crime is our growing population — we simply have
.citizens who want to do something about more people living in our community. Also, our
crime in Brooklyn Park. The telephone number, population is very young. This fact alone
424 -4444, may be used day or night to report contributes greatly to increases in rates of
"leads" that will assist the police in solving crime.
crime. The Tele -Crime number is NOT an We do have an efficient police force
emergency number and should NEVER be in Brooklyn Park, evidenced bythefact
used to report a crime in progress or in an
emergency. that a high percentage of crimes are
actually solved.
How But the police cannot solve this
do problem alone. Citizens — you
AdIlk and I must become part of L
Te solution.
Tele -Crime offers us
that opportunity, as citizens, to
work help solve our communi-
Calls to the Tele -Crime number are-recorded ty's crime problems,
and regularly r e p orted That combination is 7
g y p d to The Brooklyn Park
Police. The police then follow -up on the the key. Citizens and the
information in a normal, investigative manner, police working together. 4 r
Financial rewards are offered to citizens when Neither alone can do it all,.
information leads to arrest and formal but together we can.
charging. The reporting citizen remains I encourage you to become an active
anonymous. Only the police actually have the participant in Tele- Crime, our new citizen crime
recorded messages! prevention /crime awareness program.
It does not belong to the city or the police,
the program belongs to you the citizens.
Wh ere d oes th e You can become involved in a numberrof
r ways with Tele- Crime:
1 e e 1. Repo rfinformatianyou know about crime to the
special- Tele -Crime phone number, 424 -4444.
C� '��' You can remain anonymous and may receive a
■ reward.
From a large group of Brooklyn Park citizens 2. Contribute to Tele- Crime. Every $1 or $5 or
and business people who feel strongly that. more will help provide rewards, as well as
doing something about crime is everybody's better citizen communication on crime in our
responsibility. No tax dollars are involved. (All city. For your contribution, Tele -Crime will give
donations are tax deductible.) you a sticker for your home or office„ saying
_ that you are a Tele -Crime supporter.
h® is beh ind 3. Hold a neighborhood crime awareness
meeting in your area:
Tele nCrime"? You are the key, to the success of
Tele- Crime. It is a program by citizens and
The Board of Directors of Tele -Crime are for citizens.
representatives of Brooklyn Park organizations Together, we can accomplish a great deal
and residents. Tele- Crime has theJull support towards reducing crime in our city.„
of the organizations whose names appear in
this brochure, the city government and Brooklyn Park Mayor Jim Krautkremer _
certainly, the police department.
i
l
6 iThe Brooklyn Park Police Department heartily ho bene
endorses and encourages the success of
Tele -Crime of Brooklyn Park. from
This program will provide a valuable tool for
the police department to use in it's crime
solving efforts. TelemCrim
It is important to state that
this program is not the police Everyone who lives, works and owns a
department's, it is not the business in Brooklyn Park. Police rely heavily
city's. The idea came from on descriptions, tips and information provided
citizens, and is being run by citizens. When citizens get involved, police
by citizens. work is more effective. Our city will become a
Ir 73 This method of commu- better, safer place to live, work and play.
nity cooperation to
IL combat crime is proven
Will
effective in other cities
around the country. With s
E�lj L23 the citizens and police Tel1UCr1nFm"&
working together, the
F potential for dramatic pAr
WN
■
reduction in crime is
great. While Tele -Crime is Brooklyn Park's unique
No tax dollars will be crime prevention program, the idea is being
used to support the used In many communities throughout the
reward program, monies metropolitan area. The program has been
are and will be all donated by citizens and successful. One such large program helped
businesses who care about their community, solve over 200 felony cases and led to the
and want it a safe place. recovery of more than 170,000 — all in 1
The police have pledged their help in making years and right in the Twin Cities area. The
Tele -Crime work in Brooklyn Park. support of the Brooklyn Park community is the
I encourage you to give it your enthusiastic Key.
support as well.
Designed by The Design Factory
Brooklyn Park Police Chief Donald Davis
I_�` ■'����� CUT HERE 0 EWE NEON M GUT HERE No e®o_E
■ es' 1 would like to make a tax - deductible Yes' I would like more information on
a donation to TELE - CRIME. Enclosed a neighborhod crime prevention meetings. .
. you will find a check or money order for Please call me.
v _ $ .
. Send your check
® Name or money order to:
® Address Zip Tele- Crime of Brooklyn Park
7575 Brooklyn Blvd.
Phone Office Home Brooklyn Park, Minn. 55443
How can 1""' What; kind of
become tips are useful"?
' Tips that are factual and can be proven.
in o 1 n t is Names, addresses, dates and times of the
crime. Identifiable characteristics (i.e. an
c em accurate description) of the suspect. License
numbers and accurate description of vehicles.
prevention Any personal knowledge of the crime.
It is time for all of Brooklyn Park to stop
r worrying about crime and DO something
about it. Tele -Crime is modeled after programs
Call the Tele -Crime number, 424 =4444 that are working right now in the Twin Cities
whenever you have any information about any area. Send your donation now and use
unsolved crime. Support Tele -Crime with a
Tele -Crime 424 -4444. Involved citizens can
P 9 Y
personal donation. Without the generous make Brooklyn Park the WRONG place to
contributions of citizens and businesses, commit a crime. _
Tele -Crime cannot exist. Finally, and this is
necessary n an good crime-prevention Y9 P
-' Y Sponsoring Organizations:
program, call and report any suspicious
Brooklyn Park Community Organization
activity directly t0 the police.
Brooklyn Park Chamber of Commerce`
Brooklyn Park Jaycees
Brooklyn Park Jaycee Women
Brooklyn Park Lions Club
Brooklyn Park Athletic Association
Brooklyn Park Youth Hockey Association
Brooklyn Park Fire Department Volunteers
Palmer Lake V.F.W.
Brooklyn Park Police Association
North Hennepin Community College
L E 7M Brooklyn Park Parks and Recreation Department
Brooklyn Park Rotary Club
OF PARK Brooklyn Park Girl Scouts
Community Emergency Assistance Program
Brooklyn Park League of Women Voters
Brooklyn Park Planning Commission
t
Brooklyn Park Economic Development Commission - The Design Factory
7575 Brooklyn Blvd, Brooklyn Park, Minn. 55443
BULK RATE
U. S. POSTAGE
PAID
Permit No. 481
Brooklyn Park, Minnesota
5 5428SUM6J 4 1 0 358
RESIDENT
6 SUMTER AVE NO
MINNEAPOLIS
MN ...55428 f Olt
MEMORANDUM
TO: Gerald Splinter, City Manager
FROM: James Lindsay, Chief of Polic o
DATE: June 4, 198 2
SUBJECT: Nonintoxicating Liquor Licnese Application for
ShowBiz Pizza Place
Attached please find a follow - -up investigation involving the
background of the newt des manager of the ShowBiz
g Y g
Pizza Place. Investigator Spehn has completed the investi-
gation and finds that Mr. Ketterhagen does meet all the
requirements of the City Ordinances and the State Statutes.
With the filing of this report, ShowBiz Pizza Place now is
in compliance with the temporary liquor license that was
issued on Tuesday, April 27, 1982.
•
The following will be an acl(ditional resume of Investigator
Donald SPEHN concerning Case irBl-20249, an application for a
nonintoxicating liquor license. The applicant is ShowBiz Pizza
Place Incorporated. Showbiz Pizza Place is located at 5939
John Martin Drive. This additional resume is concerning the
background investigation of a new proposed on-iste manager for
the establishment. The resume is dictated on 05-28-82 at 1530
hours. Transcribed and typewritten by Barbara PIETRZAK, clerk-
typist for the Brooklyn Center Police Department.
APPLICANT:
Steven Robert KETTERHAGEN D.O.B. 01-10-56
6989 Ashwood Road
Woodbury, Minnesota
Mr. KETTERHAGEN is a United States citizen. He is not married.
He has lived at his current address only since March of 1982.
He lists previous address of Franklin, Wisconsin from June of
1980 until March of 1982; West Allis, Wisconsin from June of
1979 until. June of 1980; and Waterford, Wisconsin from January
10, 1956 until June of 1979.
He indicates he has been with ShowBiz Pizza Place incorporated
since March of 1982. Previous to that he worked for the Red
Barn Restaurant Corporation and previous to that for the Playboy
Resort in Lake Geneva, Wisconsin in the hotel and restaurant
business.
BACKGROUND:
Mr. KETTERHAGEN was born in the City of Bowlington, County 6f
Racine, Wisconsin on 01-10-56. He then lived with his parents
at 203 Harmont Road in Waterford, Wisconsin from his date of
birth, 01-10-56, until June of 1979. Immediately upon graduating
from high school, Mr. KETTERHAGEN went to work for the Playboy
Resort in Lake Geneva, Wisconsin which is just a short distance
from his home town. He worked as a bus boy and. room service
captain. Mr. KETTERHAGEN wor]�ed in that capacity until February
of 1978, at which time he went to work for the Red Barn Restaur-
..ant Corpora as a management trainee and worked at various
Red Barn Restaurants in the Milwaukee area.
Mr. KETTERHAGEN worked at three different Red Barns in the Mil-
waukee area as Assistant Manager and also as Manager of the
establishment.
In lkiarch of 1982, Mr. KETT accepted a position with Show
Biz Pizza Place Incorporated. Mr. KETTERHAGEN indicates that
he obtained this job through his district manager when he wor.':ed
• for Red Barn Restaurants Incorporated. This district manager
was one Norman CASE. Apparently Mr. CASE left the employment
Resume of Investigator SPEHTJ Case ff81 -20249 Page 2
of Red Barn to take on a similar position with ShowB Pizza
and upon his obtaining that position, recommended Mr. KETTERHAGEN
to the Sll Pizza pl -, )0013 1 0 as a candidate for a manager's
position. Mr. KETTER did work for a short time with the
ShowBiz Pizza Place at 4595 South 27th Street in Milwaukee and
was then transferred to a new store located in St. Paul and now
is to be transferred to the Brooklyn Center store.
In trying to obtain checks of his previous work experience, it
was noted that Mr. KETTERHAGEN was recommended to his current
position by his immediate and former supervisor of Red Barn
Restaurants; which would indicate that the supervisor thought
highly of him. Also an inquiry was sent to the Playboy Resort
at Lake Geneva, Wisconsin to his immediate supervisor during
his employment there, one LaVerne Taylor. in the response to
that inquiry, LaVerne Taylor indicates that she had known Mr.
KETTERHAGEN for approximately nine years and indicates that she
had never 'known him to have any type of chemical problems and
remarked that he was an excellent employee and a reputable person.
RECORD CHECKS:
Mr. KETTERHAGEN has no current Minnesota driver's license. He
has not criminal record with the NCIC or FBI. Additionally,
inquiries were sent to local police departments whose jurisdic-
tion included his previous addresses. These are their replies
are as follows:
Franklin, Wisconsin Police Department, no record.
Waterford, Wisconsin, Racine County Sheriff's Office, no record.
West Allis, Wisconsin Police Department, no criminal record; one
driving charge of inattentive driv'ing on 06--21-78 with the dispo-
sition being the case was dismissed.
Milwaukee, Wisconsin Police Department, no record.
SUMMARY:
Mr. KETTERHAGEN does not appear to have any type of criminal
record and further all of his work experience is in the restaurant
business and it is apparent that his previous employers thought
highly of him. It might also be noted that Mr. KE has
met with this investigator and Chief of Police James LINDSAY
regarding ordinances - pertaining to the on-sale nenintoxicating
liquor license and appeared to be interested and eager to comply.
He also appeared to be a personable young man.
Resume of Investigator SPE11z, Case ff8l-20249 Page 3
Based on this investigation, this investigator can find no reason
to preclude the issuance of a nonintoxicating liquor license
to ShowBiz Pizza Place, providing the applicant, Steven Robert
KE <1RRIHAGi�N, is the main on -site manager,
TO: Gerald G. Splinter, City Manager
FROM: Sy Knapp, Director of Public Works
DATE: June 10, 1982
RE: Extension of Pedestrian /Bicycle Trailway Along 53rd Avenue
North between Lion's Park and Upton Avenue
At your request we have developed a preliminary location plan
(attached) and a cost estimate for construction of a trailway
extension along 53rd Avenue North between Lion's Park and Upton
Avenue.
Our estimate of costs for this extension is $50,400.
It is proposed to fund this project by using available funds from
the Shingle Creek Trailways II project (Capital Projects Fund,
Division No. 89). Our current estimate of unencumbered funds
remaining for that project is $51,100. Because this includes
LAWCON and LCMR funds, it would be necessary to obtain LAWCON
and LCMR approval of a grant amendment before proceeding with
construction. Accordingly, I recommend that this matter be
discussed with the City Council, and if they favor the proposed
extension, that the required request for approval of the amendment
be submitted.
•
Respectfully submitted,
Sy Knapp
Attachment
SK: jn
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TO: Gerald G. Splinter, City Manager
FROM: Sy Knapp, Director of Public Works
DATE: June 10, 1982
RE: Extension of Central Park /Garden City Trail South of
Soccer Field
At your request we have developed a preliminary location plan
(attached) and a cost estimate for completion of the Central
Park /Garden City trailway project. Elements of the trailway
included in this plan are:
(1) completion of the exercise trail loop along the westerly
edge of Garden City park following installation of the
water main through this area.
(2) construction of a connection from the exercise trail loop
to the Brooklyn Drive /65th Avenue intersection; and
(3) extension of the trail along the southerly and easterly
edges of the "soccer field" area, with another bridge
crossing Shingle Creek, providing a connection to the main
regional trail at the south edge of Central Park.
Our estimate of costs for completing these elements of the trail -
way is $65,000.
It is proposed to fund this project from unencumbered funds available
for this project (current balance = $47' includes LAWCON, LCMR
and City funds - within Division 49 of the Capital Projects Fund)
and by use of unencumbered funds available following completion
of the Shingle,Creek Trailways I project (current balance = $41,437
of entirely City funds).
I recommend that this matter be discussed with the City Council.
If this proposal is satisfactory, we will submit required documen-
tation to LAWCON /LCMR, then proceed with development of detailed
plans and specifications.
Respectfully submitted,
Sy Knapp
Attachment
SK: jn
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4-2 7 - 80 FUL- r,N -A5
.
'�' � .�,� 1 f � , � r .a � rrM ■1 �■ rrM r
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IL
TO: Gerald G. Splinter, City Manager
FROM: Sy Knapp, Director of Public Works
• DATE: June 10, 1982
RE: Lion's Park Tennis Court Construction Schedule
Preliminary soil borings taken in the vicinity of the proposed
tennis courts in Lion's Park indicate it will be necessar y to
excavate between 2z and 11 feet (an average of 4 feet) of uncle-
.
sireable soils and replace them with g ranular materials.
If this work is included with a contract for construction of the
courts, it will dramatically increase the costs of construction
because:
1) it would require a grading contractor to work with a tennis
court contractor (one as a subcontractor to the other). This
normally results in increased "handling costs" of 20 to 30
percent on the subcontracted work, and
2) it would require the contractor to achieve complete compaction
and consolidation of the fill materials and to assume full
responsibility therefore.
On this basis, it is our estimate that the cost for soil correction
could be in excess of $30,000.
It is my these
o ini
y opinion that costs for soil correction can be re -
duced by approximately 50 percent (i.e. $15,000) if the soil
correction is done as a part of another contract which includes
other grading work (probably our trailway construction contract).
Under this plan, we would still require compaction of the fill
material. However, by doing the soil correction in 1982, then
waiting until 1983 to construct the tennis courts, we will greatly
reduce the chances for settlement occurring after construction
of the courts
Respectfully submitted,
Sy Knapp
SK: jn
NOTICE OF DESIGN PUBLIC HE ARING IS
Pursuant to Title 23, United States Code, Section 128, notice is hereby given
that the State of Minnesota Department of Transportation (Mn /DOT) will hold a'
design public hearing for proposed Tlx 610 (North Crosstotm) and TH 252 (formerly
TH 169). The hearing will be held on Monday, June 28, 1982, at 7:30 PM, CDT,
at Monroe Elementary School (901 Brookdale Drive North, Brooklyn Park) and on
Thursday, June 24, 1982, at 7:30 PM, CDT, at Adams Elementary School (943 - 89th
Avenue N.W., Coon Rapids).
The proposed project consists of upgrading /relocating TH 252 to 4 -lane, controlled-
access expressway from 1 -694 in Brooklyn Center to proposed TH 610 (approximately
93rd Avenue North) in Brooklyn Park. Also included is the proposed construction
of TH 610 to 4 -lane, controlled- access freeway from TH 252 to TH 10/47 in
Coon Rapids and Blaine; this segment includes a new crossing of the Mississippi
River. The total length of the proposed project is approximately six miles. The
project will directly affect the cities of Brooklyn Center, Brooklyn Park, Coon
Rapids, and Blaine. It will also directly affect one acre of wetlands protected
by Executive Order 11990.
The design hearing will afford opportunity for all interested persons, government
agencies, and public interest groups to state their views and concerns relative
to the design and social, economic and enviornmental effects of the proposed pro
State and Federal relocation assistance programs for displaced persons and schedules
for right -of -way acquisition and construction will be discussed.
Written statements and other exhibits in place of, or in addition to, oral statements
will be accepted at the hearing and a period following through July 12, 1982. These
will become a part of the official hearing record if sent to: District Engineer,
Kinnesota Department of Transportation, 2055 North Lilac Drive, Golden Valley,
1 nnesota 55422.
Several "Open House" meetings are also planned to provide further opportunity for
public review of plans, rights -of -way, relocation information, and supporting
studies. They are scheduled as follows:
June 17, 1982, 3 -8 EM at Brooklyn Park City Hall
5800 - 85th Avenue North, Brooklyn Park
June 21, 1982, 2 -8 PM at Adams Elementary School
943 - 89th Avenue N.W. Coon Rapids
June 24, 1982, 6:30 to 7:30 PM at
Adams Elementary School
943 - 89th Avenue W i
9 N. ., Coon Rapids
June 28, 1982, 6:30 to 7:30 PM at
Monroe Elementary School
901 Brookdale Drive, Brooklyn Park
Maps, drawings and supporting documents are available for public inspection and
copying by contacting Charles Hudrlik (54.5 -3761, ext. 175) at Mn/DOT' s D' ict
Office, 5801 Duluth Street, Golden Valley, Minnesota 55422.
Richard P. Braun
^ommi.ssioner JUN 1982 a
By: W. M. Crawford, P.E. r RECEIVED
District Engineer �.x, 81layN CEK1ER, MINN,
of
! t`�,NN�SOT q
MB�l T '� ° jam �c?
�
OFTv�
Bate: June 4, 1982 Office of Communications
612/296 -3583
To be Released: June 4, 1982
TWO PUBLIC HEARINGS WILL EKLMINE
PROPOSED NORTH CROSSTOWN HIGHWAY
MOTORISTS ADVISED OF PENALTIES
FOR LITTERING STATES HIGHWAYS
FARIBAIL'LT, MORRISON COUNTY ROAD, BRIDGE
IMPROVEMENT PROJECTS AWARDED
LAC QUI PARLE, LINCOLN, PIPESTONE, WADENA COUNTY
ROAD, BRIDGE IMPROVENT PROJECTS AWARDED
HIGHWAY MAINTENANCE BIDS RECEIVED
ON SIX PROJECTS IN SIX COUNTIES
ROAD BRIDGE G' IMPROVEMENT PROJECT BIDS
RECEIVED ON 32 PROJECTS IN 26 COUNTIES
a GOODHUE, MURRAY COUNTY ROAD, BRIDGE
IMPROVEMENT PROJECTS UP FOR BIDS
TWO PUB HEARINGS WILL EXAMINE
PROPOSED NORTH CROSSTOLN'N HIGHWAY
-- C • H
I � f proposed North Crosstown Hig
ST. PAUL Plans for construction o the prop g
way (TH 610) in the northern Minneapolis suburbs will be the subject of two public
hearings June 24 and June 28, the Minnesota Department of Transportation (Mn /DOT)
announced.
The June 24 public hearing will be held at 7:30 p.m. at Adams Elementary
School, 943 89th Ave. N. W.,Coon Rapids, and the June 28 hearing will be held at
7:30 p.m. at Monroe Elementary School, 901 Brookdale Drive N., Brooklyn Park.
Informational open houses will precede each of the public hearings from
6 :30 to 7 :30 p.m. at the hearing locations where the public may view maps, drawings,
relocation information and supporting studies. Two additional open houses will be
MORE
Minnesota Department of 'Transportation /Transportation Building /St. Paul, MN 55155
Mn /DOT NEWS - 2 - June 4, 19$2
held on June 17 from 3 to 8 p.m. at the Brooklyn Park City Hall, 5$00 85th Ave. N.,
and on June 21 from 2 to 8 p.m. at Adams Elementary School in Coon Rapids.
The proposed project includes relocating and upgrading TH 252 to a
four -lane, controlled- access expressway from I -694 in Brooklyn Center to pro-
posed TH 610 (near 93rd Avenue North) in Brooklyn Park and construction of TH 610
from TH 252 to US 10 /TH 47 in Coon Rapids and Blaine. The project also in-
cludes a new bridge over the Mississippi River between Brooklyn Park and Coon
Rapids. Total length of the project is about six miles.
A proposed connection between I -94 in Maple Grove and TH 252 is not in-
cluded in the proposal because funding for that section of proposed TH 610 is not
currently available, said William Crawford, Golden Valley district engineer.
Crawford said the proposed project would greatly reduce the amount of
traffic on the I -694 bridge and serve the increasing transportation needs of the
rapidly growing cities of Coon Rapids, Brooklyn Park, Brooklyn Center and Blaine.
The hearings will enable interested persons, government agencies and
public interest groups to express their views and concerns about the social, eco-
nomic and environmental aspects of the proposed project, Crawford said.
Written statements and other exhibits in place of or in additic ~i to oral
statements will be accepted at the hearing or if they are sent by July 9 to District
Engineer, Minnesota Department of Transportation, 2055 N. Lilac Drive, Golden Val-
ley, MN 55422.
Maps, drawings and supporting documents also are available for public
viewing and copying by contacting Charles Hudrlik (545 -3761, Ext. 175) at Mn /DOT's
district office, 5$01 Duluth St., Golden Valley, MN.
CONTACT; Charles Hudrlik
Project Manager
(612) 545 -3761, Ext. 175
# ##
l 6
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Jim Lindsay, Chief of Police
DATE: May 28, 1982
SUBJECT: Class B Gambling License for St. Alphonsus Catholic
Church Men's Club
Attached please find the completed police investigation of St.
Alphonsus Church Men's Club in application for a Class B gambling
license. Robert James Watson 1'
is listed as the Executive Officer _
and Gambling Manager in this application. Investigator Monteen's
resume finds nothing of a questionable nature which would preclude
either the St. Alphonsus Catholic Church Men's Club or Robert
James Watson from receiving such a license.
In addition to the application for a Class B gambling license,
the St. Alphonsus Catholic Church Men's Club has made application
for a waiver of the $10,000.00 fidelity bond as allowed under
the ordinances of the City of Brooklyn Center. The City Council
must act on the following two matters:
1. Application for a Class B gambling license. This
requires a majority vote of the City Council to
pass.
2. The waiver of a $10,000.00 fidelity bond. This
requires the unanimous vote of the City Council
to pass.
The following is a resume of the investigation of Brooklyn Center
Police Department Case ff82-07404, the application of St. Alphonsus
Catholic Church Men's Club for a Class B gambling license as
issued by the City of Brooklyn Center,.Hen-nep-in County, Minnesota.
Named within this application is Robert James WATSQN, Executive
Officer and Gambling Manager. This investigation has been con-
ducted by A. Paul MONTEEN and this resume transcribed and
typewritten by Barbara PIErj"RZAK, clerk-typist, Brooklyn Center
Police Department.
APPLICANT:
St. Alphonsus Catholic Church Men's Club
7025 Halifax Avenue North
Brooklyn Center, MN 55429
Telephone: 561-5100
Robert James WATSON
7808 Newton Avenue North
Brooklyn Park, MN
Telephone: 561-2186
INVESTIGATION MATERIALS CONTAINED WITHIN THIS FILE:
An application for a gambling license
An application for a gambling license, part 2, in the name of
Robert James WATSON
An application for a gambling license, part 3, organizational
material
A letter addressed to the City Council requesting the waiver
of the fidelity bond as allowed by the City Ordinance
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The St. Alphonsus Catholic Church Men's Club is an organization
of all the male parishioners of St. Alphonsus Catholic Church
parish who have attained the age of 18 years. The Men's Club
operates under the auspices of a President, Vice-President and
Secretary-Treasurer. It collects no dues nor requires any
attendance of its meetings by its membership. It does serve
the congregation by soliciting volunteers for various projects
as well as raising funds which are distributed to the Boy Scouts,
CDC school and other worthwhile causes. In.accordance with
the guidelines of the United States Department of the Treasury,
the St. Alphonsus Men's Club is considered a bona fide religious
organization and therefore exempt from filing the 990 or 990-T
Form. Likewise, the State Department of Commerce recognizes
that a bona fide regligious organization of this nature is not
required to file the annual charities report as required in
Section 309.53 of the Minnesota State Statutes.
Resume of Investigator MONTEEN Case #82- °07404 Page 2
The St. Alphonsus Men's Club was formerly known as the St.
Alphonsus Holy Name Society. This Society was organized in
1961 and the name of the organization was formally changed in
1973.
According to the application for a gambling license and its
corresponding part 2 personal information forms, Robert James
WATSON is listed as the Gambling Manager. WATSON has been a
resident of the City of Brooklyn Park since January of 1973.
Prior to that time WATSON lived in Grand Forks, North Dakota
while attending the University of North Dakota. Prior to his
residence in North Dakota, WATSON was a member of the United
States Army, stationed in San Antonio, Texas and Stuttgart,
West Germany.
WATSON is a Certified Public Accountant employed by Coopers -_
and Lybrand, the certified public accounting firm located at
900 Midwest Plaza in Minneapolis, Minnesota. Mr. WATSON has
been so employed since January of 1972.
In checking the files of the Brooklyn Park Police Department,
the Brooklyn Center Police Department, as well as the Hennepin
County Sheriff's Office and the Warrant Division of the
Hennepin County Sheriff's Office, MONTEEN finds no record in
the name of Robert James WATSON. Likewise no record is found
in the MINCIS or NCIC files and WATSON has a valid Class C
driver's license as issued by the State of Minnesota.
St. Alphonsus Men's Club has made application for and received
a gambling license as issued by the City of Brooklyn Center
for the years 1979, 1980 and 1981. During these years the
Men's Club has complied with.the proper monthly reporting of
income and disbursements as required by the ordinance and by
Minnesota State Statute. It should be noted that Mr. WATSON
has been the Gambling Manager for the St. Alphonsus Men's Club
in the years 1980 and 1981 and has complied with these required
reporting laws.
Included in the application is a letter addressed to the City
Council requesting the waiver of a $10,000.00 fidelity bond
as allowed by the Brooklyn Center City Ordinance. It should
be noted that Robert James WATSON is currently bonded in his
position as a Certified Public Accountant with the firm of
Coopers and Lybrand.
During the course of this investigation, MONTEEN finds nothing
which would preclude St. Alphonsus Men's Club or Robert James
WATSON from obtaining the Class B gambling license applied for.
Resume of Investigator MONTEEN Case #82- -07404 Page `3
The City Council must act on the following two matters:
1. The application for a Clas B gambling license which
requires a majority vote of the City Council to pass.
2. The waiver of a $10,000.00 fidelity bond which
requires the unanimous decision of the City Council
to pass.
o
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: James Lindsay, Chief of Police'
DATE: June 8, 1982
SUBJECT: Gambling License Application for the Rosary Altar
Society of St. Alphonsus Catholic Church
Investigator Monteen has completed his investigation into the
Rosary and Altar Society, and its Gambling Manager Shirley Ann
Klukken in application for a Class A gambling license. Inves-
tigator_ Monteen can find nothing which would preclude the
issuance of such a gambling .license to the Rosary and Altar
Society or its Gambling Manager.
The City Council must act on the following two matters:
1. The application for a Class A gambling license.
This requires a ma"ority vote of the City Council
to pass.
2. The waiver of a x10,000.00 fidelity bond. This
requires the unanimous vote of the City Council
to pass.
The following is a resume of the investigation of St. Alphonsus
Catholic Church, Rosary and Altar Society, in application for
a Class A gambling license as issued by the City of Brooklyn
Center. This is in reference to Brooklyn Center Case #82-07985.
Named in the application is Shirley Ann KLUKKEN, Gambling Manager.
This investigation has been conducted by A. Paul. MONTEEN and
this resume transcribed and typewritten by Barbara PIETRZAK,
clerk-typist for the Brooklyn Center Police Department.
APPLICANT:
The Rosary and Altar Society of St. Alphonsus Catholic Church
7025 Halifax Avenue North
Brooklyn Center, Minnesota 55429
Telephone: 561-5100
Shirley Ann KLUKKEN, Gambling Manager
7000 Ewing Avenue North
Brooklyn Center, Minnesota 55429
Residence Phone: 561-6133
INVESTIGATION MATERIALS CONTAINED WITHIN THIS REPORT:
An application for a gambling license
An application for a gambling license, part'2, in the name of
Shirley Ann KLUKKEN
An application for a gambling license, part 3, organizational
information
A letter requesting the waiver of a $10,000.00 fidelity bond
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The Rosary and Altar Society of St. Alphonsus Catholic Church
began shortly after the congregation was formed in 1959. The
Rosary and Altar Society is made ug of approximately 250 active
members, all women of the parish known as St. Alphonsus Catholic
Chuch. Operating under the auspices of St. Alphonsus Catholic
Church, the organization has been granted a tax exempt status
and holds an Internal Revenue Service tax exempt number of
41-0846441, and a State of Minnesota Department of Commerce and
Taxation tax exempt status number of 9019199. Because of their
status as a tax -exempt auxiliary of a bona fide religious
organization, the Rosary and Altar Society is exempt from filing
the Form 990 or 990T as required by the Internal Revenue Service.
Ili Furthermore, the State of Minnesota Department of Commerce,
Charities Division, grants an exempt status to all bona fide
religious organizations and their affiliates. In filing the
Charitable organizations Annual Report Form as required by
Section 309.53 of the Minnesota State Statutes.
Resume of Investigator MONTEEN Case #82-07985 Page 2
The Rosary and Altar Society holds organizational meetings and
their fund-raising activities at St. Alphonsus Catholic Church
which is located at 7025 Halifax Avenue North within the corporate
limits of the City of Brooklyn Center, Hennepin County, State
of Minnesota. A legal description for the property is contained
within the application for a gambling license in 1979. The
Rosary and Altar Society uses the mailing of their President,
for their daily correspondence.
Contained within the application for a Class A gambling. license
is a part 2 personal in-formation form in the name of Shirley
Ann KLUKKEN. Shirley Ann KLUKKEN is a resident of Brooklyn Center
living at 7000 Ewing Avenue North from 1957 to the present. Mrs.
KLUKKEN is employed by the Minnesota Press Club which is located
at 700 Northstar Center, Minneapolis, Minnesota with a business
telephone of 338-4466. In checking with the files of the Brooklyn
Center Police Department, Investigator MONTEEN has found nothing
of a criminal nature listed under the name Shirley Ann KLUKKEN.
As well, there is no record with the Hennepin County Sheriff's
Department or the Sheriff's Wa. Office, MINCIS, NCIC or the
Central Files of the State of Minnesota. Mrs. KLUKKEN holds a
valid Minnesota drive--'s license with no violations.
Contained within the application for a Class A gambling license,
the Rosary and Altar Society of St. Alphonsus Catholic Church
has requested a waiver of the $10,000.00 fidelity bond as provided
for in the City ordinance. It should be noted that the Rosary
and Altar Society has made application for and received gambling
licenses in the years 1979, 1980 and 1981. Pursuant to the
ordinances and statutes, the Rosary and Altar Society has reported
the required information to the Brooklyn Center Police Department.
Investigator MONTEEN can find nothing which would preclude the
issuance of the Class A gambling license to the Rosary and Altar
Society or their Gambling Manager Shirley Ann KLUKKEN. The City
Council must act on the following two matters:
The application for a gambling license. This
requires a majority vote of the City Council to
pass.
The waiver of a $10,000.00 fidelity bond. This
requires the unanimous vote of the City Council
to pass.
Licenses to be approved by the City Council on June 14, 1982
GAMBLING LICENSE
n
t. Alphonsus Men's Club 7025 Halifax Ave, N.
Alphonsus Rosary Altar 7025 Halifax Ave. N. ;r._�.ti
City Clerk `
MECHANICAL SYSTEM'S L
Modern Heating & Air Conditioning 2318 First St. N.E.
Quality Refrigeration, Inc. 1105 W. 78 St.
Bui.ldinw fficial
NONPE VENDING MACHINE LICENSE
Coca Cola Bottling Midwest 1189 Eagan Ind. Rd.
Evergreen Park Manor 7224 Camden Ave. N.
Kar Win Auto 6846 Humboldt Ave. N.
Sanitarian 1'
SIGN HANGER'S LICENSE
Signcrafters Outdoor Display 7775 Main St. N.E.
B j
SWIMMING POOL LICENSE
Outdoor:
Marvin Garden Townhouses 430 Oak Grove St.
Sanitarian
GENERAL APPROVAL:
ity Clerk
k
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